Prior to 1997, there were a handful of locations in our country that had any laws protecting transgender people from discrimination. Of course there was Minnesota (with separate ordinances in Minneapolis and St. Paul). San Francisco and Santa Cruz, Iowa City and Cedar Rapids, and Seattle. That was it! One state and five cities outside that state where we could feel safe.

In the past two years, there have been nine more cities across the country to either pass trans-inclusive gay rights legislation, or amend current legislation to include gender identity. In 1998 we saw passage of legislation in Toledo, New Orleans, Benton County (OR), West Hollywood and Ypsilanti. Before that in 1997, it was Cambridge, Evanston, Pittsburgh and Olympia. (Two more were added in the beginning of 1999: Louisville, KY and Ann Arbor, MI.)

The strategy of It's Time Illinois has always been to use the Minnesota inclusive definition of sexual orientation: "Having or perceived as having emotional, physical, or sexual attachment to another without regard to the sex of that person or having or being perceived as having an orientation for such an attachment, or having or being perceived as having a self image or identity not traditionally associated with one's biological maleness or femaleness."

The definition is very broad. It covers the entire GLBT community and then some. Not only are transgenders included, but also all other gender variant peoples who may or may not identify as "trans" anything. It also defines sexual orientation without using the words "homosexuality, heterosexuality or bisexuality. It includes affection and choice of partner and self-expression. It protects as many people as possible.

So how about other cities? How are other trans-inclusive ordinances worded? Toledo, Ypsilanti, and Evanston all include gender identity within the definition of sexual orientation. Seattle also expanded the definition of sexual orientation to include transsexuality and transvestism. The wording of the new Toledo ordinance the best because it is simple, yet totally inclusive: "Sexual orientation means a person's actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity, by orientation or practice."

The approach taken in Cambridge was different, but similar in that it redefined an existing category to be more inclusive. In Cambridge, "gender" is defined as "the actual or perceived appearance, expression or identity of a person with respect to masculinity and femininity." This is another excellent way to broadly include gender variance. It is also the approach which has been used to include gender variance in the Hate Crimes Prevention Act. Santa Cruz also uses an expanded definition of gender to include transgender.

West Hollywood, Benton County, Olympia, Iowa City, San Francisco and New Orleans all define a separate category for gender identity. The best definition is West Hollywood's: "Gender Identity refers to a person's actual or perceived sex, and includes a person's identity, appearance, or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with the person's sex at birth."

Try to include the broadest portion of the population, and don't exclude portions of the community for easy political gain. There are pitfalls in setting yourself up as a separate category. It opens the doors to a debate of special rights, and may result in a very cumbersome, narrowly defined category. For example, in the New Orleans ordinance there is a four-part definition of gender identification as well as an exclusion of cross-dressing at the workplace unless the employee can certify with a letter from a doctor that the employee has been diagnosed with gender identity disorder.

Including a medical definition in a human rights ordinance is also dangerous. It leaves your identity in the hands of and at the whim of another person. It presupposes that you have a pathological condition that requires certification from the medical profession. Using this model may guarantee your human rights, but it dehumanizes you in the process.

There are undoubtedly other strategies for inclusion in nondiscrimination ordinances. The ones which will prove to be most successful are those which are the most inclusive, establish the most linkages to the rest of the community.

1. Expansion of the Definition of Sexual Orientation:

Toledo (1998): Amending various sections of the Toledo Municipal Code to include prohibition of discrimination against any person upon the basis of sexual orientation… (i) "Sexual orientation" means a person's actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity, by orientation or practice.

Ypsilanti MI (1998): It is the intent of the City that no person be denied the equal protection of the laws: nor shall any person be denied the enjoyment of his or her civil or political rights or be discriminated against because of race. color. religion, national origin. sex, sexual orientation, age. marital status, having a disability, familial status, educational association, source of income, height or weight…. "Sexual Orientation." Heterosexuality, male or female homosexuality, bisexuality or gender identity.

Evanston (1997): …an equal opportunity to secure employment or to enjoy the benefits of employment without discrimination based on race, color, religion, national origin, sex, sexual orientation (as defined in Section 5-5-6 of this Code), marital status, age or physical or mental handicaps that do not impair ability to work. (Also covered fair housing, public accommodations, human relations commission)… "Sexual orientation" is defined as: Having or perceived as having emotional, physical, or sexual attachment to another without regard to the sex of that person or having or being perceived as having an orientation for such an attachment, or having or being perceived as having a self image or identity not traditionally associated with one's biological maleness or femaleness.

Seattle: "Discrimination," "discriminate," and/or "discriminatory act" means any act, by itself or as part of a practice, which is intended to or results in different treatment or differentiates between or among individuals or groups of individuals by reason of race, color, age, sex, marital status, sexual orientation, political ideology, creed, religion, ancestry, national origin; or the presence of any sensory, mental or physical handicap…. "Sexual orientation" means actual or perceived male or female heterosexuality, bisexuality, homosexuality, transsexuality, or transvestism and includes a person's attitudes, preferences, beliefs and practices pertaining thereto.

Minnesota (1993): Sexual orientation. "Sexual orientation" means having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment, or having or being perceived as having a self-image or identity not traditionally associated with one's biological maleness or femaleness. "Sexual orientation" does not include a physical or sexual attachment to children by an adult.

2. Expansion of the Definition of Gender

Cambridge (1997): "Discrimination" means a policy or practice that by design or effect segregates, creates unequal status, separates or has a disproportionate impact on the basis of race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, gender, marital status, family status, military status or source of income… "Sexual orientation" means the actual or supposed heterosexuality, homosexuality or bisexuality. "Gender" means the actual or perceived appearance, expression or identity of a person with respect to masculinity and femininity.

Santa Cruz: It is the intent of the city council, in enacting this chapter, to protect and safeguard the right and opportunity of all persons to be free from all forms of arbitrary discrimination, including discrimination based on age, race, color, creed, religion, national origin, ancestry, disability, marital status, sex, gender, sexual orientation, height, weight or physical characteristic…. "Gender" shall have the same meaning as "sex" as that term is used herein and shall be broadly interpreted to include persons who are known or assumed to be transgendered.

3. Addition of a Separate Category for Gender Identity

West Hollywood (1998): It is hereby declared as the public policy of the City of West Hollywood that it is necessary to protect and safeguard the right and opportunity of all persons to be free from discrimination on account of sexual orientation and/or gender identity… Gender Identity refers to a person's actual or perceived sex, and includes a person's identity, appearance, or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with the person's sex at birth. Sexual Orientation refers to a person's actual or perceived identity as being lesbian, gay, bisexual or heterosexual or as having one or more attributes commonly associated with being lesbian, gay, bisexual or heterosexual.

Benton County Oregon (1998): It is the policy of the County to eliminate discrimination based on race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income… "Gender identity" includes the status of being transsexual or transgender. "Sexual orientation" means actual or supposed perceived homosexuality, heterosexuality or bisexuality.

Olympia Washington (Fair Housing Code, 1997): … to prohibit discrimination in housing by any person. including real estate brokers, associate brokers, salespersons, owners of real property and lenders to forward the cause of community, and to secure a reduction of tensions and discriminations because of race, color, religion, national origin, gender. familial status, the presence of any sensory, mental, or physical disability, the use of a trained guide dog or service animal by a disabled person, marital status. sexual orientation. or gender identity or the perception thereof. … "Gender Identity" includes the status of being transsexual, transvestite, or transgender.

Iowa City (1995): Amending Title 2, "Human Rights," City Code, by … adding the definition of gender identity, and by adding Gender identity as a protected class… "Gender Identity": A person's various individual attributes, actual or perceived, in behavior, practice or appearance, as they are understood to be masculine and/or feminine.

San Francisco (1993): It is the policy of the City and County of San Francisco to eliminate discrimination based on race, religion, color, ancestry, age, sex, sexual orientation, gender identity or place of birth within the City and County… "Gender Identity" shall mean a person's various individual attributes as they are understood to be masculine and/or feminine.

New Orleans (1998):
No law shall arbitrarily and capriciously or unreasonably discriminate against a person because of birth, disability, age, sex sexual orientation, gender identification, culture, language, social origin, or political affiliation.
b) "Gender identification" is the actual or perceived condition, status or acts of: 1) identifying emotionally or psychologically with the sex other than one's biological or legal sex at birth, whether or not there has been a physical change of the organs of sex, 2) presenting and/or holding oneself out to the public as a member of the biological sex that was not one's biological or legal sex at birth, 3) lawfully displaying physical characteristics and/or behavioral characteristics and/or expressions which are widely perceived as being more appropriate to the biological or legal sex other than one's biological sex at birth, as when a male is perceived as feminine or a female is perceived as masculine, and/or 4) being physically and/or behaviorally androgynous.
c) Nothing in this Chapter shall prohibit an employer from prohibiting cross- dressing in the work place or while an employee is acting in the course and scope of his or her employment… "Cross-dressing" shall mean the wearing of clothing, cosmetics, footwear and/or other accouterments generally deemed or perceived as inappropriate to the gender that was one biological or legal gender at birth and/or generally deemed or perceived as more appropriate to the gender that was not one's biological or legal gender at birth. "Cross-dressing" shall be deemed not to include the regular wearing of clothing, cosmetics, footwear and/or other accouterments which is appropriate to the gender other than his or her biological or legal gender at birth with which an employee or applicant identifies if the employee or applicant provides the employer with the written statement of a licensed doctor or other health care professional certifying that the employee or presents the characteristics of gender identification disorder or another similar status or condition and that the employee or applicant intends prospectively to attire and conduct himself or herself for the foreseeable future in the employee's employment and workplace or workplaces in the manner appropriate for persons of the gender with which he or she identifies.

Adapted from "A Transgender Rights Revolution in the Heartland of America"
by Miranda Stevens-Miller
published in the January 1999 It's Time, Illinois Newsletter.
Copyright It's Time, Illinois! 1/8/99