No Apple In The Eye Of Those Who Want Equal Rights

New York is all but surrounded by states with laws that prohibit discrimination based on gender identity and expression.  Pennsylvania doesn't even have laws against discrimination based on sexual orientation, but Vermont, Massachusetts, Connecticut and New Jersey all prohibit that as well as discrimination against transgender people.

I'm sure this surprises many of you.  If it does, you probably don't live in the Empire State and are therefore unfamiliar with its landscape as well as its politics.

You see, New York is not, and has never been, a "progressive" state.  We not only have conservative, even reactionary people living in the rural upstate areas; we also have them right here in New York City.  The Big Apple isn't all Chelsea or Jackson Heights; we have communities of recently-arrived immigrants as well as conservative white people who have the same prejudices--some of which people rationalize with their religious beliefs.

One result is that while the State Assembly is dominated by Democrats, most who are more or less progressive, the State Senate is the province of reactionary Republicans.  The result is--as we have seen in Washington--gridlock.  But even when relations between the two legislative bodies, and between them and the Governor, are relatively harmonious, there is always a Sargasso Sea of tangled red tape bound by pure-and-simple inertia.  (By the way, I think that's one of the reasons why New York has not legalized marijuana for medical use, while its neighbors--again, with the exception of Pennsylvania--have done so.

Protections In The Blue Hen State

Delaware's license plates refer to it as "The First State".

It was indeed the first to ratify the Constitution, on 7 December 1787.  

Lately, it hasn't been first at many things.  However, it's ahead of most other states on two issues that matter.

Not long ago, it became the 11th state to legalize same-sex marriage. Now Governor Jack Markell has signed legislation that would outlaw discrimination based on gender identity in housing, employment, insurance and public accommodations.  The Blue Hen State thus became the 17th state to pass such legislation.

The State's Senate passed the bill, but the House didn't until the bill was amended.  After language specifying how a person could establish his or her gender identity, and to prevent people from using "gender identity" as an excuse to enter an opposite-sex changing area for an "improper purpose", 11 of 21 House members voted for the bill Governor Markell signed.

Now we have just 33 more to go!

   

The Best States For Transgender Student-Athletes

It's actually easier to be a transgender student-athlete in Nebraska than it is in New Hampshire--or New York.

Yes, you read that right.  At least, in Nebraska, a trans girl who wants to play on her school's volleyball team--or a trans boy who wants to play basketball--has more legal rights and protections than his or her peers in my home state or the one whose motto is "Live Free Or Die."

What makes this all even weirder is that New York and New Hampshire have both legalized gay marriage, while very few people expect Nebraska to do the same any time soon.

Or would it?

Rhonda Blanford-Green, the executive director of Nebraska School Activities Association, had previously worked in neighboring Colorado, which has had a policy trans-inclusive non-discrimination policy for five years.  She decided to introduce something similar in the Cornhusker State.  It passed the NSAA board unanimously during the winter.  However, as it is a school policy and not a state law, it attracted little attention.  So far, nobody has invoked it.

On the other hand, the Empire State, which was among the first states to include language to protect sexual orientation in its human rights laws, and the fifth state to legalize same-sex marriage, has been behind the curve in helping transgenders.  There is still no language in the State's anti-discrimination laws to protect gender identity or expression.  Former Governor David Patterson issued an executive order banning discrimination against State workers.  As I understand, there is no time limit on it; however, it could be rescinded by Andrew Cuomo's successor.  

New York City passed its own laws banning discrimination on the basis of gender identity and expression in April of 2002, but 74 other cities--including, interestingly, upstate Rochester--beat them to it.

When one considers this history, perhaps it's less surprising that New York is less progressive than Nebraska when it comes to trans student-athletes. Then again, some might argue that Nebraska's policy is the work of one particular person (even if it did pass unanimously). Others might say that it passed just because people pay more attention to school sports in the Cornhusker State than in New York.  

Here is a map showing which states have specific policies for student-athletes (in dark blue), which ones have overarching athletic or educational  policies that cover trans people , and which ones have no protections (lighest shade) at all: