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FL Bill Would Criminalize Transgender People Using Single-Sex Public Restrooms

Started by skin, February 05, 2015, 06:57:10 PM

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marsh monster

Quote from: LordKAT on March 18, 2015, 03:27:48 PM
NO wonder FL has such a high crime rate, they make everything illegal including using the bathroom.
But I think you can still marry your first cousin there. Thank goodness they haven't gone after that yet...
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Lisa55

Quote from: suzifrommd on March 18, 2015, 09:04:39 AM
Jill, I hate to disagree with your analysis, but I feel like the reason why this bill is so horrific is exactly the opposite of what you say.

I don't think it WILL create widespread problems that will be visible to the public. I think Transpeople who pass will continue to use the correct restroom and no one will be the wiser. I think Trans people who are not passable will either correct their documentation or stay away from public restrooms to the detriment of their health but with no impact on the public. Occasionally someone who can't or doesn't update their documentation will be arrested but it will be an infrequent enough event that it will not spark a public outcry. Also occasionally a cisgender person who looks trans will be hassled, but those misunderstandings will be probably be cleared up quickly.

In other words, I think that if it becomes law, it will look to all the world as a successful law. It will be used as a template for other states to create similar laws which are much easier to pass than the current draconian chromosome-based trash. We'll start to see more bathroom bills, and the dominoes will begin to fall.

<pic snip>

The most vulnerable segments of our community will be seriously harmed. Those who are deciding between suicide and exploring their gender will have no viable bathroom options, and that will drive them indoors. We'll see suicides among people who might otherwise have made it through transition and enjoyed living a life as their true gender. Those are the true victims of this law.

Also it will harm non-passable trans women from other jurisdictions that do not provide correct documentation. They will need to stay away from Florida (if they know what's good for them) which will impact their travel options but also not affect the Floridian public.

That is exactly my thoughts and the basis of what i sent to the committee members on Monday, I may as well post my email below, at least someone will read it then. 

I'm kind of worried that it will get close enough, it does even have the potential to be good for us, and already does provide a legal right for trans people to use the correct rest room, so Artiles is correct and is shouting about it that it does improve the rights of trans people, but only in a perverted and underhand way that could will cause vigilantly ID checks, and leaves out the most venerable. My fear is that it gets good enough for those campaigning against it who are mostly transitioned and correct ID holding people but i hope and suspect they will fight all the way.

Anyway, last Mondays email, i have already started writing something for the Judiciary committee.

Quote from: Debbie spoke to deaf ears

I am writing to you today to bring to your attention two groups of individuals who were under represented during the debate on HB 583 in the Civil Justice Subcommittee.  Whilst the trans people and supporters did a good job in highlighting the problems openly and transitioning trans people suffer, two groups who were barely mentioned were transgendered tourists and early transitioning/questioning transgender people.

The latter of those groups being the most venerable of an already extremely venerable section of society.  Often the point of taking the decision to give up on a lifetime in an unsuccessful gender identity and take the steps to one's real gender identity is at a point of a real choice between life and death.  The suicide rate for pre transition transgender people is shockingly high.

People at this stage of their life may not even identify themselves as transgender, every step of self-acceptance and discovery during early transition is surrounded in intense fear. The first step outside the front door, getting out of the car, opening the mall door and stepping into a store and heaven forbid should they feel the need to use a restroom. Many cannot overcome these fears unable to move forward from fear and unable to live with the mental turmoil of being trans, they often end up adding to those suicide statistics.

If HB 583 is allowed to pass into law, it will make those first steps so much harder, for some it will be enough to stop them from making those first steps; it will be enough to tip the balance from accepting life as a trans person to choosing to end life by their own hand.  Trans people may be at higher risk of violence in everyday life and especially in their birth gender restrooms, but they suffer more from their own minds and at their own hand under the pressure of social discrimination and rejection. HB583 if passed into law will indirectly end the lives of some transgender individuals.

Further to the above comments is another aspect of this bill in relation to transgender tourists, Florida is a tourist state, for many emerging  transgender people the pressure of stepping out for the first time in their home town is too great, but for many that fear can be overcome whilst on vacation and away from home.

Quite separate from all the issues relating to anyone demanding to see gender Identification, all of these people are so early in their gender identity journey that they are not in a position to present government ID with their preferred gender marker, but they are no less transgender than those who have fully transitioned, and all of those who have transitioned have been in the same stage at one time.

Even after taking those steps to transition, appropriate gender identification is far from early in the process, in some countries around the world it simply isn't possible, in others it can take many years to be available, In the UK for example whilst it is easy to change your name and title with a simple self-declaration and transition can be provided for from the National health service, changing gender on identification documents is not possible without a diagnosis and letter from a doctor, The waiting list for first appointments to see a doctor run to 18 months, the letter is then not likely to be available for a further 3-6 months and after spending at least some time presenting as a preferred gender.   During all that time a single visit to a restroom whilst on vacation in Florida would see a possible custodial sentence.

I realize I have rambled on for quite some time, but there is so much to say on this subject and so many words I have left out of this email and I thank you for your time to read it, as a final thought I beg of you not to criminalize this small section of society who is so venerable, if you cannot dispose of this bill to the scrap heap I appeal to you to at least take a look at the gender identity and expression definitions in HB33 "Florida Competitive Workforce Act." As this has a more inclusive definition of gender variant individuals and would even seem to cover Artiles concern of predatory cis males claiming "they feel like a woman".  In fact I will copy it here for ease

(8) "Gender identity or expression" means gender related identity, appearance, or behavior, whether such gender related identity, appearance, or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth, which gender related identity can be shown by providing evidence, including, but not limited to:
(a) Medical history, care, or treatment of the gender related identity;
(b) Consistent and uniform assertion of the gender related identity; or
(c) Other evidence that the gender related identity is a sincerely held part of a person's core identity and is not being asserted for an improper purpose.

In the interests of full disclosure a little about myself.  I am a transgender woman from the United Kingdom. Legally I am gendered male.  My interest in Florida is as a tourist and I have visited the beaches of Pinellas County for over 20 years and for many of them I have spent up to two months in your state on vacation.   Please make no mistake; the world really is watching Florida. Artiles stated in his closing to the Civil Justice subcommittee that "we are a family oriented state, not a progressive state".  Please realize you can be both.

Thank you
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mac1

Quote from: Devlyn Marie on March 18, 2015, 01:01:57 PM
Question, and I apologize if I missed this in the thread. Are businesses required to maintain single sex bathrooms by law? Is this a situation that would allow a savvy business owner to make an end run by simply installing unisex signage? Most owners have no interest in running customers off, and those that do will suffer financial consequences.

Hugs, Devlyn
How about if the business had only one (or possibly two) single-user restroom/s marked as unisex?
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Devlyn

Let's try to look at the positives. This will create jobs. Every restaurant is going to have to hire someone to direct people to the proper restroom, the Maître Pee.

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mac1

What about a male appearing individual with an "M" on the driver's license and no penis or testicles: would it be acceptable to use the woman's restroom?
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Jill F

Quote from: mac1 on March 18, 2015, 05:51:16 PM
What about a male appearing individual with an "M" on the driver's license and no penis or testicles: would it be acceptable to use the woman's restroom?

What if you live in one of the states where you can't change a driver's license gender marker without first amending your birth certificate? 
Some states allow a birth certificate amendment without surgery, others do not.
Some states (TN,OH,ID, I believe) will not change a birth certificate gender marker no matter what.

I have a friend who had to move to a more liberal state to get an ID with an "F" on it for these reasons.   In CA, my DL says "F" on it.  I have not had GRS.

So I still have a penis and don't get in any trouble, but a post-op from Ohio is totally screwed?

This is why we need a Transgender Civil Rights Act- nationwide protections from laws fueled by bigotry and ignorance.
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mrs izzy

Normally I would have merged this https://www.susans.org/forums/index.php/topic,184275.0.html
To this on going topic. I decided to keep it separate being it is more of activism mixed with this topic.

So being I kept separate I wanted it to be seen here also. Please if you have not go to the link and help if you feel the need.

Thanks

Mrs. Izzy
Mrs. Izzy
Trans lifeline US 877-565-8860 CAD 877-330-6366 http://www.translifeline.org/
"Those who matter will never judge, this is my given path to walk in life and you have no right to judge"

I used to be grounded but now I can fly.
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Shana-chan

Quote from: Jill F on March 18, 2015, 07:08:23 PM
This is why we need a Transgender Civil Rights Act- nationwide protections from laws fueled by bigotry and ignorance.
Oh if only we could make that happen. All it takes is resources, time, money, energy, knowledge, will, determination, endurance, not saying oh I can do it but I'm sure someone else will do it (there fore never happens because everyone is saying and doing that), signatures, people and support and so on.

The thing I do not get is Obama made it so people working for the Gov. cannot be discriminated against even on the basis of being transgender because that falls into sex discrimination yet why not everyone? Why only Gov.? Oh if only he would make it for everyone everywhere in the US of A. (I'd say world but I doubt he has THAT much influence...)
"Denial will get people no where."
"Don't look to the here & now but rather, to the unknown future & hope on that vs. the here & now."
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skin

Quote from: Shana-chan on March 21, 2015, 10:58:39 AM
Oh if only we could make that happen. All it takes is resources, time, money, energy, knowledge, will, determination, endurance, not saying oh I can do it but I'm sure someone else will do it (there fore never happens because everyone is saying and doing that), signatures, people and support and so on.

It would also require a different Congress. This Congress is far more likely to pass an anti-trans bill.

Quote from: Shana-chan on March 21, 2015, 10:58:39 AM
The thing I do not get is Obama made it so people working for the Gov. cannot be discriminated against even on the basis of being transgender because that falls into sex discrimination yet why not everyone? Why only Gov.? Oh if only he would make it for everyone everywhere in the US of A. (I'd say world but I doubt he has THAT much influence...)

Making rules for federal employees is the limit of executive power. He cannot issue executive actions for the private sector, only the legislative branch can create laws for that.
"Choosing to be true to one's self — despite challenges that may come with the journey — is an integral part of realizing not just one's own potential, but of realizing the true nature of our collective human spirit. This spirit is what makes us who we are, and by following that spirit as it manifests outwardly, and inwardly, you are benefiting us all." -Andrew WK
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chefskenzie

Quote from: Shana-chan on March 21, 2015, 10:58:39 AM
Oh if only we could make that happen. All it takes is resources, time, money, energy, knowledge, will, determination, endurance, not saying oh I can do it but I'm sure someone else will do it (there fore never happens because everyone is saying and doing that), signatures, people and support and so on.

The thing I do not get is Obama made it so people working for the Gov. cannot be discriminated against even on the basis of being transgender because that falls into sex discrimination yet why not everyone? Why only Gov.? Oh if only he would make it for everyone everywhere in the US of A. (I'd say world but I doubt he has THAT much influence...)

As long as Republicans are in control of the House and Senate this will never happen.  Democrats would only do it if they thought it would score major points.  Once Same Sex Marriage is legal, trans rights will be the next big legal battle/movement.  I would say from our past history that things will get a bit worse before they get better.
Beauty is not in the face; beauty is a light in the heart.  Kahlil Gibran



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ImagineKate


Quote from: chefskenzie on March 21, 2015, 12:02:26 PM
As long as Republicans are in control of the House and Senate this will never happen.  Democrats would only do it if they thought it would score major points.  Once Same Sex Marriage is legal, trans rights will be the next big legal battle/movement.  I would say from our past history that things will get a bit worse before they get better.

Don't pin your hope on dems either. Barney Frank gutted the trans provisions from ENDA and basically told us we have to fight for it. Even some of the LGBT organizations have been treating us like dirt. Now they seem to be coming around but we need to fight for ourselves.
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Allison_andrea

I have been doing a lot of reading of other people's thoughts and view points on this subject. I know as someone starting the path of transitioning that I have many hurdles to come. I also know that when I have been out as my self that I have felt much more comfortable being able to enter the Ladies room rather than the men's. I live in Oklahoma which I know is close one of the worst to be in as one to transition. What I have begun to do when I am out is to know what location allows for either me to enter the restroom that I prefer or I do not go and just hold it. Holding it wil cause me more medical issues in the future most likely. I have found that malls that have family restrooms are the safest places to go as they are lockable and only one person goes in. The other option is going the LGBT friendly establishments where I am told by the staff that I must use the ladies room.

My biggest fear in anything is that Oklahoma has an open carry law where you can legally carry a firearm into most public facilities. If I was to be forced into using the men's room then I am at a significant fear for my life. The mindset of the males here are very strong in the discrimination aspect. I know that Oklahoma is talking about passing laws that will discriminate and allow for businesses to allow the right to refuse servicing anyone based on religious beliefs of the store. That also now means you are once again being told you can not only not shop but can not use the restrooms either.

One of my thoughts is that all of trans women should take off our tops wearing just a skirt and go in and walk around the stores. If they are to say that we have to put our tops on then we should be allowed to use the ladies room. The one negative is that most of us would not feel comfortable going topless in this aspect. I just see it as a way to show that we should not be judged as it is hard to say what is best route to go.

In comments to the sign saying any boy over 6 is not allowed in the ladies room is showing a strong possibility for a predator to now cause harm to the child. I am curious if there was a sign saying that if the girl is over 6 she must use the ladies. If it does not then there is a significant bias aspect there.

In regards to the picture of Buck Angel I think that would be perfect as many of our brothers should be in big parts to make this something that puts major discomfort on people as they walk in with there facial,hair, chiseled bodies, and hairy bodies. The only thing that can be done is you have to let the, and then the dis females will complain there. This could raise attention to many people.

I really see that those such as Gigi Gorgeous, Kayla Ward, and Carmen Carerra being the ones who will be in a very bad spot with the restroom inspectors. These girls do a lot of traveling compared to some of us so they are more likely to walk into a Florida restroom. I do not know there ID situation but I am sure that people will have lots to think on.

I really hope that we can make it to where we become protected under discrimination laws to just let us be who we are and pee where we need. If politicians can break laws and do wrong why can we not be allowe to do what is right and not be harrasement.

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ImagineKate

Quote from: Allison_andrea on March 24, 2015, 11:44:21 PM

My biggest fear in anything is that Oklahoma has an open carry law where you can legally carry a firearm into most public facilities. If I was to be forced into using the men's room then I am at a significant fear for my life.

Maybe because I've been carrying for years I never really got this fear. Legal gun owners are the last ones you should be afraid of. Especially those that carry openly. It's the illegal ones who hide their guns and use them to commit crimes you should be afraid of. And understand that pointing your gun at someone without a valid reason (which is nearly always fearing for your life) is a serious felony in most places. Even brandishing the gun in a confrontation is a one way ticket to jail.

I've carried all over the US and even when traveling as an out of place minority in the Deep South nobody has pointed a gun at me. Even getting into stupid road rage with people. I'm not saying it doesn't happen but it's not the Wild West FUD that you keep hearing.

In fact the only places where people have pointed a gun at me was in the NE, specificAlly NYC, philly and Bridgeport CT. I would feel less safe in Newark after dark than I would in Oklahoma.

Really it's fine.
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BenKenobi

I wonder how this will turn out. I've been told that I am not allowed to use the bathroom until I get surgery. Now....I'm OPEN to the concept of surgery in the future however not at this point in time for various reasons. Already, I 'pass' and I just got a haircut and some male clothing. If I start taking T and begin to  undergo its effects, what then?

This is a damned if you do, damned if you don't type of thing. If we follow the law to make a statement that sometimes it's not always obvious who is trans, someone could get hurt. If we don't, it just looks bad on us and...well again, someone could get hurt. I hate my state.  >:(
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DrummerGirl

Quote from: BenKenobi on April 09, 2015, 04:23:56 PM
I wonder how this will turn out. I've been told that I am not allowed to use the bathroom until I get surgery. Now....I'm OPEN to the concept of surgery in the future however not at this point in time for various reasons. Already, I 'pass' and I just got a haircut and some male clothing. If I start taking T and begin to  undergo its effects, what then?

This is a damned if you do, damned if you don't type of thing. If we follow the law to make a statement that sometimes it's not always obvious who is trans, someone could get hurt. If we don't, it just looks bad on us and...well again, someone could get hurt. I hate my state.  >:(

That's incorrect.  The current version of the bill allows you to use the right bathroom if you have your ID changed.  Changing the gender on your Florida ID only requires a letter from your doctor.

The bill has currently passed 2 of the 3 subcommittees necessary for a full house vote.  The 3rd subcommittee has yet to put it on the schedule and has to vote on it in the next couple of weeks or the bill is essentially dead until next year.



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BenKenobi

Quote from: DrummerGirl on April 09, 2015, 04:57:04 PM
That's incorrect.  The current version of the bill allows you to use the right bathroom if you have your ID changed.  Changing the gender on your Florida ID only requires a letter from your doctor.

The bill has currently passed 2 of the 3 subcommittees necessary for a full house vote.  The 3rd subcommittee has yet to put it on the schedule and has to vote on it in the next couple of weeks or the bill is essentially dead until next year.

Good to know! I knew I read something that surgery wasn't a requirement anymore but I wasn't completely sure. I was gonna give the benefit of the doubt since it looks like it changed in 2013.
Though...store policies don't supersede laws do they? Like if the company I work for is like "oh, well WE want you to have surgery before you can use the correct potty", that's covered under sex discrimination, hopefully?

As for the bill, I don't have faith in Florida to not take something like this and put it on the front lines as opposed to something actually important. I really hope I'm proven wrong and it just dies and, God willing, it never gets back up.
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DrummerGirl

Quote from: BenKenobi on April 09, 2015, 05:15:33 PM
Good to know! I knew I read something that surgery wasn't a requirement anymore but I wasn't completely sure. I was gonna give the benefit of the doubt since it looks like it changed in 2013.
Though...store policies don't supersede laws do they? Like if the company I work for is like "oh, well WE want you to have surgery before you can use the correct potty", that's covered under sex discrimination, hopefully?

As for the bill, I don't have faith in Florida to not take something like this and put it on the front lines as opposed to something actually important. I really hope I'm proven wrong and it just dies and, God willing, it never gets back up.

Store policies do not supersede laws.  Check to see if you are in a municipality that has a local ordinance against bathroom discrimination (there are around 30 in Florida).

As for the bill, with a vast majority in the state House and Senate, as well as a Republican governor,  the Republican Party already knows whether they want this to pass or not and if they don't want it to pass, exactly where they want it to die.  They have pretty much maximized the positive (for them) to negative ratio from a PR standpoint so letting the bill die at this point would still be a win in a sense for them.  In essence they have let their conservative base know that the GOP is looking out for their "moral" interests in order to maintain votes in the next election.  If they push this forward to an actual House vote, the media backlash is going to be tremendous and might backfire for them.  It's really messed up because they are playing games with people's lives, but sadly that's the way things are right now.  It's pretty clear that the Republicans are the anti-transgender party and I hope things go very, very badly for them in future elections because of that.

Also, you username is awesome!



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suzifrommd

Quote from: DrummerGirl on April 09, 2015, 05:32:45 PM
Store policies do not supersede laws.

Well, yes and no. There have been court decisions that companies have an obligation to obey their own internal policies.
Have you read my short story The Eve of Triumph?
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mac1

What would happen if a business (any business public, private, retail, etc.) would have just multi-user unisex restrooms. There would be no case for discrimination or violation of the law.
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