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Many hurdles ahead for transgender rights movement

Sunday - 12/15/2013, 5:06am  ET

FILE - In this Wednesday, Oct. 9, 2013 file photo, Jamison Green, a transgender man, stands for a photograph in San Francisco. Green, who owns Jamison Green & Associates, a transgender benefit consulting firm, says part of the reason more companies don’t offer transgender benefits is that many are not aware that the insurance they’ve purchased excludes treatments for transgender employees. Green says much of his work involves walking employers through the process of removing those exclusions. There have been some important legal rulings and political votes in the latter half of 2013 bolstering transgender rights. But those have coincided with an upsurge of hostility from some conservative activists, and an acknowledgement by transgender-rights leaders that they face distinct challenges in building public support for their cause. (AP Photo/Jeff Chiu)

DAVID CRARY
AP National Writer

NEW YORK (AP) -- As gays and lesbians rack up victories in their quest for marriage equality and other rights, transgender Americans are following in their path -- hopefully, but less smoothly.

There have been some important legal rulings and political votes in recent months bolstering transgender rights. But those have coincided with an upsurge of hostility from some conservative activists and an acknowledgement by transgender-rights leaders that they face distinct challenges in building public support for their cause.

"My sense is that we are 20 years behind the mainstream gay and lesbian movement in terms of public understanding," said Michael Silverman, executive director of the Transgender Legal Defense and Education Fund.

"I see a lessening of anti-gay rhetoric as the American people get to know gays and lesbians," he said. "But fewer Americans know transgender people that way at this point, and that presents an opening that opponents of transgender rights can exploit."

One high point for transgender activists came in November when the U.S. Senate approved the Employment Non-Discrimination Act, which would ban workplace discrimination on the basis of gender identity as well as sexual orientation. Only 17 states have such protections for transgender people.

However, House Speaker John Boehner has indicated that his Republican-controlled chamber may not take up the bill, and much of the criticism directed at it by social conservative activists has focused on transgender-related matters.

"This law is about forcing Bible-believing Christians to deny their faith rather than inconvenience cross-dressing, gender-confused adults," said Rick Scarborough, chairman of Tea Party Unity.

The Rev. Louis Sheldon, chairman of the Traditional Values Coalition, evoked possible application of the bill to school hiring, asserting that "students as young as 5 or 6 years old will be forced to watch should their teacher choose to transform herself from Marvin to Mary."

Similar rhetoric has surfaced in California, where conservative groups hope to place a measure on the November 2014 ballot to repeal a new law giving transgender students the choice of playing on either boys' or girls' sports teams and allowing them to use either gender's restrooms.

The National Organization for Marriage, which since 2007 has been a leading opponent of same-sex marriage, decided this fall to join the repeal campaign, even though the California law does not deal with marriage.

"We can stop this outrageous law in its tracks, and thwart the efforts of homosexual activists to use vulnerable children as a weapon in their culture war," wrote the organization's president, Brian Brown, in a fundraising appeal to supporters.

Repeal backers have submitted 620,000 signatures supporting a ballot measure; those are now being reviewed to see if enough of them are valid.

Dru Levasseur, director of Lambda Legal's Transgender Rights Project, interpreted the wave of hostile rhetoric as a positive sign.

"The fact we've had so many victories on behalf of gays and lesbians means transgender people are now on the radar -- and with it comes the nastiness," he said. "There have been so many advances regarding marriage that the anti-equality groups are shifting to target the next set of upcoming victories on transgender issues."

Same-sex marriage will soon be legal in 16 states, and opinion polls show that a majority of Americans now support it.

For the most part, transgender activists have welcomed the developments on marriage equality, while expressing some concern that issues of more direct importance to them were not getting sufficient attention from national gay-rights groups.

Health care coverage figures among these issues. In New York state -- one of the most liberal when it comes to gay rights -- activists recently launched a campaign to change what they consider to be a discriminatory regulation barring Medicaid payments for purposes related to gender reassignment

Dean Spade, a transgender law professor spending this year at Columbia Law School, said other pressing issues include high rates of incarceration and poverty among transgender people, as well as violence directed against them. He has questioned why some activists are instead placing a priority on helping transgender people pursue military careers.

"We should put our energies into relieving the worst conditions placed on people," Spade said.

By any measure, there have been some significant gains for transgender Americans over the past decade, including decisions by scores of municipalities and companies to extend protections and benefits to them.

In 2011, the 11th Circuit Court of Appeals in Atlanta overturned the firing of a Georgia legislative employee who was dismissed after telling her boss she was about to undergo sex change surgery. In June, the Colorado Division of Civil Rights ruled that a suburban Colorado Springs school district had discriminated against Coy Mathis, a 6-year-old transgender girl, by preventing her from using the girls' bathroom.

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