Thank You, Governor Paterson

As his final day in office winds to a close for Governor David Paterson, LGBT New Yorkers should offer him our thanks for being the most relentlessly and loudly pro-gay governor in state and arguably, national history. Our state movement's two most important pieces of legislation, GENDA and marriage equality, remain unattained, but that, of course, is due to our clown car of a state Senate and is no fault of the governor's.

Paterson, to his everlasting credit and over the loud protests of bigots, issued an executive order protecting state employees in New York from discrimination based on gender identity and expression. In May 2008, he directed state agencies to recognize out of state same-sex marriages, a move countered by numerous (and unsuccessful) lawsuits. And if there was a marriage equality rally or an angry protest, we usually showed up to find Governor Paterson at the podium or on a bullhorn. Probably my most memorable moment of Paterson's tenure was watching him stand in a pouring rain in Washington Square to deliver an impassioned speech against the bullying and abuse of LGBT youth.

And let's not forget Gov. Paterson's unexpected selection of an obscure upstate legislator with wobbly bona fides to fill the formidable shoes of then Sen. Hillary Clinton. Many questioned that move at the time (myself included), but Sen. Kirsten Gillibrand has surprised us all and turned into a powerful and effective advocate for LGBT New Yorkers. Sen. Gillibrand may turn out to be Paterson's most enduring legacy for the good of our movement.

We've had the occasional disagreement with Gov. Paterson, in particular the continuing exclusion of indigent HIV patients from the state's rent relief program for the seriously ill. But even that bad decision grew out of the state's financial morass and not from animus. Today, let's thank Governor David Paterson for his support of the LGBT community and hope that one day soon, we'll again see thousands of New Yorkers happily marching in the NYC Pride Parade wearing stickers proclaiming "We Luv Our Guv!"

Did A National Gym Owners Association Help Kill Trans Rights In New York?

Yesterday New York state's long-pending transgender rights bill, GENDA, died in the state Senate Judiciary Committee, one vote shy of passage. Many are blaming GENDA's failure on the bill's lone dissenting Democrat, the notorious Bronx homophobe Sen. Ruben Diaz.

But today we learned that the International Health, Racquet, and Sportsclub Association (IHRSA), a national gym owners consortium with hundreds of affiliate health clubs in New York, had lobbied against the bill, citing the worn-out complaints about men dressed as women in their locker rooms. IHRSA's objections were airing during the Senate hearing. Via Duncan Osbourne's Herd & Scene:

The association represents over 9,000 health clubs and 650 suppliers nationally with 285 member clubs in New York. It submitted testimony saying “while IHRSA unquestionably supports any legislation that guarantees equal protection for all citizens...we cannot support this legislation in its present form. We request that any legislation intending to protect the liberties of individuals, regardless of their gender identity or expression, be constructed in such a way that it does not encroach on the privacy rights of other citizens.” The issue? Bathrooms and locker rooms. The legislation would “prohibit a health club from preventing a health club user access to any locker room as long as their ‘expressed’ or ‘perceived’ gender identity is consistent with the sex to which the locker room is assigned,” the association asserted. The association wanted “the bathrooms or locker rooms of a health club, or a place of exercise established for the exclusive use of individuals of the same sex” exempted from the bill’s provision.

The problem with such an exemption is that it forever bans transgender people from these places which appears to violate the spirit if not the letter of non-discrimination laws. At first blush, the association’s stance would seem to be irrelevant as Republicans were probably going to oppose this bill in any case. What the association’s testimony did do was give opponents cover at the June 8 committee meeting. “One of the main arguments against this bill seems to be the issue of access, unfettered access to bathrooms, locker rooms,” said Senator George Winner, a Republican who represents four western New York counties, as he brandished the association’s testimony. “Is that a valid objection or valid point?”

Osbourne points out that IHRSA has lobbied similarly in Massachusetts, which is also considering adding transgender protections. IHRSA says they don't approve of discrimination in any form, but they want their locker rooms and "any place created for the exclusive use of individuals of the same sex" exempted from any trans rights bill.

Read Duncan Osbourne's full report.

GENDA Dies In NY Senate Committee Thanks To Arch Homophobe Ruben Diaz

Today the Gender Expression Non-Discrimination Act failed to move out of the New York Senate Judiciary Committee by ONE vote. And who was the lone dissenting Democratic vote that killed the bill? Our old nemesis, the evil Sen. Ruben Diaz. Via press release from the Empire State Pride Agenda:

Today the Senate Judiciary Committee took up the Gender Expression Non-Discrimination Act (GENDA) and failed to move it forward by a vote of 11-12. All the Republican Senators on the Committee voted against it, as did Senator Ruben Diaz as the lone Democrat vote in dissent. Some senators raised concerns about the use of bathrooms and other gender-segregated facilities, and a number of senators who voted against the bill expressed a willingness to support it if this issue could be sufficiently addressed. Committee Chair John Sampson promised to take these concerns back to the prime sponsor of the bill, Senator Tom Duane, for discussion.

Diaz, an evangelical pastor representing the Bronx, has a decades-long record of opposing virtually all LGBT rights bills. In 2008 he orchestrated the largest anti-gay rally in the history of New York when he led 10,000 Hispanic evangelicals in a gay marriage protest outside the Manhattan office of Gov. David Paterson. Diaz claims he is a not a homophobe because he has TWO gay brothers whom he "loves very much." Diaz showed his brothers that love in 1994 when he tried to block NYC from hosting the Gay Games because the event would "bring AIDS to New York."

TOMORROW: New York Senate Judiciary Committee Votes On Genda

Tomorrow the New York state Senate Judiciary Committee votes on the Gender Expression Non-Discrimination Act (GENDA) after having been twice passed by the state Assembly. It appears that there are enough votes in the full Senate for GENDA to pass, should it get out of committee. Via Dr. Jillian Weiss at Bilerico, here's a rundown of the vote and contact information for the uncommitted state Senators:

There are 23 members on the committee, so 12 yes votes would be needed to send the bill to the floor for a full Senate vote. Advocates for the bill say there are 11 yes votes, and 6 unconfirmed. In the full New York Senate, with 62 members, there are 32 yes votes and 15 unconfirmed. If the Judiciary vote proceeds tomorrow and is positive, and the bill is scheduled for a Senate floor vote, New York State could see a gender identity protection bill pass into law this year.

UNCONFIRMED VOTES

DeFrancisco -- Onandaga County (518-455-3511 Email - Facebook)

Saland -- Columbia, Dutchess Counties (518-455-2411 Email - Facebook)

LaValle -- Suffolk County (518-455-3121 Email - Facebook)

Winner -- Chemung, Schuyler, Steuben, Tompkins, Yates Counties (518-455-2091Email - Facebook)

Lanza -- Richmond (518-455-3215 Email - Facebook)

Leibell -- Dutchess, Putnam, Westchester Counties (518-455-3111 Email)

New York Senate May Have Votes To Finally Pass Transgender Protections

In 2002 the New York Senate rejected an amendment to include transgender protections in the Sexual Orientation Non-Discrimination Act (SONDA), which became law that year. Eight years later and after being approved by the state Assembly twice, it appears that we finally have the Senate votes to pass a stand-alone transgender protections bill, the Gender Expression Non-Discrimination Act (GENDA).

The chances of the Gender Expression Nondiscrimination Act (GENDA) becoming state law got a boost this week when one more New York State Senator publicly committed to voting in favor of the legislation. The total number of committed senators is now 32 — enough to pass the bill in the 62-member body. GENDA would add the category of “gender identity and expression” to existing New York State human rights laws that protect residents against discrimination in the areas of employment, housing, public accommodations, education and credit. It would make New York the 14th U.S. state to afford such protections. Senator William Stachowski is the newest senator to commit to voting “yes” on GENDA. The Democrat’s district includes Buffalo, a city that added gender identity to its non-discrimination laws in 2002.

It has taken eight years in New York state, of all places, to squeeze out the few votes needed to pass GENDA, should it happen. Keep that in mind during the current battle to retain the transgender provisions in the pending federal ENDA bill. That whole "we'll come back for YOU later" thing just doesn't work. Gov. Paterson has pledged to sign GENDA should it reach his desk.