Every movement struggles with the desire for the ideal and the
need for the practical. A column I recently wrote addressed the
fallacies in the argument that the gay civil rights movement must
include protection for gender identity in gay civil rights laws
because gays "owe" transgender activists some debt for drag queens'
participation in Stonewall. I made three points:
- the importance of Stonewall has been exaggerated;
- the importance of drag queens to Stonewall has been
exaggerated; and
- even if I am wrong about #1 and #2, that doesn't mean we must
include transgenders in gay civil rights laws, since there are
numerous considerations of practical politics here.
Most replies to that column, as usually happens when one writes
critically about the "T" in "GLBT," consisted of name-calling. Many
responses called the column "transphobic" or "elitist" because it
would "leave some people behind," as if every law doesn't do that
in some fashion.
There were, however, a couple of rational responses that
challenged me on substantive grounds. These responses argued that
there is a close connection between gay and transgender
issues that ought not be ignored by gay civil rights laws. These
responses raise important issues.
There are two separable questions when it comes to inclusion of
gender identity in gay civil rights laws. First, is inclusion
warranted as a matter of principle? Second, if it is warranted as a
matter of principle, is it sensible as a matter of practical
politics?
On the first question, I am not convinced that gay and
transgender issues are so connected that principle dictates they be
dealt with together in all legislation. The standard argument from
principle seems to be that gay issues are a subset of all gender
issues because gays, by having same-sex mates, transgress
traditional gender/sex boundaries.
There are many things to say about this argument, but let's
focus on one basic point. Since the beginning of the gay civil
rights movement, there have been people trying to claim the cause
is really about something other than homosexuality. For
some 1960s and 1970s activists, it was really about ending an
unjust capitalist system, or supporting movements for national
liberation, or ending racism, or eliminating poverty. For many
(especially male) activists, it was really about sexual liberation
generally, as if we were fighting for the right to fornicate in the
streets or with children.
I distrust claims that gay civil rights is really about
something else (like poverty or gender). To me, such arguments seem
like another way of erasing gay lives and concerns by subsuming
them to some other cause favored by the advocate.
Such arguments are also reductionist: they reduce the gay
experience to one aspect of life. Take the issue of our supposed
"gender transgression." Many gay people see themselves in
gender-conforming terms and seek gender-conforming traits in their
mates. Is this in itself wrong? I don't think so, any more than
it's wrong to prefer tall lovers to short ones or brown-haired ones
to blondes. Does having a same-sex mate transgress traditional
gender expectations? Of course, but this singular act of rebellion
does not make a gender revolution of the type transgender activists
seek.
On the second, practical issue, even if I were convinced that as
a matter of principle gay and transgender issues are linked, I
would still hesitate before adding "gender identity" to gay civil
rights legislation.
As a legislator, I might personally support protecting
transgenders from much private discrimination. But unfortunately,
very few of my fellow legislators (in most places) would share my
view. I could, of course, take the time and effort to explain it to
them, but that period of education might add years to the final
passage of my gay civil rights law. In the meantime, gay people
will continue to face discrimination.
Not every law has to address every problem. Progress means that
you get what you can while you can get it. Then, when you can get
more, you do so. Progress comes by degrees, not (usually) by
revolutions. The black civil rights movement did not fight to
protect people from age discrimination. Was that ageist?
In almost every jurisdiction in the country where both gays and
transgenders are protected, the protection for gays preceded the
protection of transgenders by many years. This gap allowed people
an opportunity to see that the world didn't end by protecting gays
and that taking the additional incremental step of protecting
transgenders also wouldn't cause it to end. This pace may be
unsatisfying but it's preferable to waiting for a perfectly
inclusive law that may never come.
I suppose one could respond that there is a very
practical concern for gays involved here: if gender expression is
not protected by law some gays will face discrimination for their
gender presentation (butch women, effeminate men) rather than for
their sexual orientation (gay) and yet will not be protected by the
law.
This scenario is theoretically possible, but is not very likely.
Almost any gay person subjected to discrimination for being gender
variant will have been subjected to explicitly anti-gay abuse and
thus will have some legal recourse under a law that protects sexual
orientation but excludes gender identity. I certainly would not
hold up the passage of a gay civil rights law to reach
extraordinary cases.
We need to begin a reasoned, substantive, open discussion of
these issues. The inclusiveness of "GLBT" might make us feel good,
but it shouldn't become a talismanic barrier to progress.