Democracy as a weapon
Democracy In Action
Gainesville activists aim to legalize anti-gay discrimination
Citizens for Good Public Policy is a political action group in Gainesville, Florida that formed last year for the specific purpose of legalizing discrimination against non-heterosexual people. They have proposed a city charter amendment to that end:
I, the undersigned, a registered voter of the City of Gainesville, hereby petition pursuant to Section 5.01 of the Charter of the City of Gainesville and Chapter 9 of the City of Gainesville Code of Ordinances, to have the following proposed amendment to the Charter of the City of Gainesville submitted to a vote of the electors at a regular city election, a state-wide general election, or at a special election called by the City Commission for the City of Gainesville for that purpose.
5.08 Civil Rights.
The City shall not enact, adopt, enforce or administer any ordinance, regulation, rule or policy which provides or entitles any person to claim protected status, quota preferences or have a claim of discrimination based upon a classification, characteristic or orientation not
recognized by the Florida Civil Rights Act (Fla. Stat. ss. 760.01-760.11 and 509.092). Any ordinance or regulation enacted before this amendment or after shall be construed in conformance with the Florida Civil Rights Act. Any ordinance that violates this provision shall be void.
(
CGPP, "Petition")
CGPP attempts to justify itself with morbidly hilarious paranoia:
Among other provisions, the Gender Identity Ordinance allows persons to use public restrooms, changing rooms, locker rooms, etc., according to their "gender identity," which the ordinance defines as "an inner sense of being a specific gender, or the expression of a gender identity by verbal statement, appearance, or mannerisms, or other gender-related characteristics of an individual with or without regard to the individual’s designated sex at birth."
This clause opens a dangerous legal loophole. Because of the ordinance’s vague wording, any man can legally gain access to facilities normally reserved for women and girls simply by indicating, verbally or non-verbally, that he inwardly feels female at the moment. This is the unfortunate, unintended consequence of this poorly drafted ordinance.
We believe that persons with Gender Identity Disorder deserve professional support as well as community compassion, but that this misguided and politically calculated law—which ignores the broader community and invites abuse by non-transgenders—accomplishes neither.
We believe that the safety of women and children in public facilities is a higher public policy priority than the identity politics in which Mayor Pegeen Hanrahan and the City Commissioners of Gainesville are engaged ....
(
CGPP, "Why We're Here")
Note the second and third paragraphs. Their explanation suggests that pedophiles, voyeurs, and rapists will use the law to enter women's restrooms, victimizing women and children. Yet they cite Gender Identity Disorder, which is a DSM IV diagnosis:
There are two components of Gender Identity Disorder, both of which must be present to make the diagnosis. There must be evidence of a strong and persistent gross-gender identification, which is the desire to be, or the insistence that one is of the other sex (Criteria A). This cross-gender identification must not merely be a desire for any perceived cultural advantages of being the other sex. there must also be evidence of persistent discomfort about one’s assigned sex or a sense of inappropriateness in the gender role of that sex (Criteria B). The diagnosis is not made if the individual has a concurrent physical intersex condition (e.g., androgen insensitivity syndrome or congenital adrenal hyperplasia) (Criteria C). To make the diagnosis, there must be evidence of clinically significant distress or impairment in social, occupational, or other important areas of functioning (Criteria D).
(
MHsanctuary.com)
It seems unlikely that a heterosexual pedophile, voyeur, or rapist will be able to demonstrate GID. With no history of transgender behavior or clinically significant distress or impairment of mundane functions, there is no justification for a GID claim. Then again, if a man is willing to put on a dress and make himself up just to get inside a women's restroom, it might signify the emergence of a sublimated disorder.
And of course, CGPP believes that GID requires "professional support" as well as "community compassion". In this case, "professional support" means therapy, and we might wonder if that extends to corrective therapy. A
Wikipedia article on GID asserts,
Today, most medical professionals who provide transgender transition services to adults now reject conversion therapies as abusive and dangerous, believing instead what many transgender people have been convinced of: that when able to live out their daily lives with both a physical embodiment and a social expression that most closely matches their internal sense of self, transgender and transsexual individuals live successful, productive lives virtually indistinguishable from anyone else.
A fact sheet by the
American Psychological Association does not mention any therapy to treat gender-identity issues:
Is being transgender a mental disorder?
A psychological condition is considered a mental disorder only if it causes distress or disability. Many transgender people do not experience their transgender feelings and traits to be distressing or disabling, which implies that being transgender does not constitute a mental disorder per se. For these people, the significant problem is finding the resources, such as hormone treatment, surgery, and the social support they need, in order to express their gender identity and minimize discrimination. However, some transgender people do find their transgender feelings to be distressing or disabling. This is particularly true of transsexuals, who experience their gender identity as incongruent with their birth sex or with the gender role associated with that sex. This distressing feeling of incongruity is called gender dysphoria.
According to the diagnostic standards of American psychiatry, as set forth in the Diagnostic and Statistical Manual of Mental Disorders, people who experience intense, persistent gender dysphoria can be given the diagnosis of Gender Identity Disorder. This diagnosis is highly controversial among some mental health professionals and transgender people. Some contend that the diagnosis inappropriately pathologizes gender variance and should be eliminated. Others argue that, because the health care system in the United States requires a diagnosis to justify medical or psychological treatment, it is essential to retain the diagnosis to ensure access to care.
What kinds of mental health problems do transgender people face?
Transgender people experience the same kinds of mental health problems that nontransgender people do. However, the stigma, discrimination, and internal conflict that many transgender people experience may place them at increased risk for certain mental health problems. Discrimination, lack of social support, and inadequate access to care can exacerbate mental health problems in transgender people, while support from peers, family, and helping professionals may act as protective factors.
Indeed, the standard of care is an interesting question.
Dr. John L. Miller, MD, notes—
Psychological therapy can alter the course of gender identity disorder. Early intervention can lead to less transsexual behavior later in life. The initial focus of the treatment is to help the individual function in his/her biologic sex role as well as possible.
—but this pertains to children, as Miller discusses hormone and surgical therapies to reassign gender for adults.
Paula Anne Ford-Martin writes for the
Gale Encyclopedia of Medicine:
Treatment
Treatment for children with gender identity disorder focuses on treating secondary problems such as depression and anxiety, and improving self-esteem. Treatment may also work on instilling positive identifications with the child's biological gender. Children typically undergo psychosocial therapy sessions; their parents may also be referred for family or individual therapy.
Transsexual adults often request hormone and surgical treatments to suppress their biological sex characteristics and acquire those of the opposite sex. A team of health professionals, including the treating psychologist or psychiatrist, medical doctors, and several surgical specialists, oversee this transitioning process. Because of the irreversible nature of the surgery, candidates for sex-change surgery are evaluated extensively and are often required to spend a period of time integrating themselves into the cross-gender role before the procedure begins. Counseling and peer support are also invaluable to transsexual individuals.
Prognosis
Long-term follow up studies have shown positive results for many transsexuals who have undergone sex-change surgery. However, significant social, personal, and occupational issues may result from surgical sex changes, and the patient may require psychotherapy or counseling.
Thus, one might wonder what CGPP intends. The American Psychological Association approved a resolution last year in support of transgender people—
The American Psychological Association urged psychologists today to take a leading role in ending discrimination based on gender identity, calling upon the profession to provide "appropriate, nondiscriminatory treatment to all transgender and gender-variant individuals" and encouraging more research into all aspects of gender identity and expression.
The action came at APA's Annual Convention when the association's governing Council of Representatives adopted a resolution supporting full equality for transgender and gender-variant people. The resolution also calls on APA to:
• support legal and social recognition of transgender individuals consistent with their gender identity and expression;
• support the provision of adequate and medically necessary treatment for transgender and gender-variant people;
• recognize the benefit and necessity of gender transition treatments for appropriately evaluated individuals;
• call on public and private insurers to cover these treatments.
(Medical News Today)
—and, additionally, accepted a report by its Task Force on Gender Identity and Gender Variance:
The six-member task force spent more than two years reviewing the scientific literature, as well as APA policies regarding transgender issues. It was also charged with developing recommendations for education, professional training and further research into transgenderism, and proposing how APA can best meet the needs of psychologists and students who identify as transgender or gender-variant ....
.... With regard to research, the task force listed a series of recommended areas of focus, including social stigma and public attitudes toward gender identity; identity development, including prospective studies of children and adolescents; the process and outcome of transgender-specific health care; and the variables associated with the efficacy of sex reassignment.
As a direct result of the task force's work, APA added gender identity to its nondiscrimination policy earlier this year. This builds upon prior adoption of gender identity nondiscrimination language in APA's bylaws, Code of Ethics and its Guidelines and Principles for Accreditation of Professional Programs in Psychology.
(ibid)
And Kim I. Mills of the American Psychological Association advised Medical News Today that, "It is APA's position that no psychological disorder should be stigmatized or used as the basis for discrimination."
It would seem that the professional standard to which CGPP appeals increasingly favors facilitation of transgenderism. Indeed, the
APA has resolved against all public and private discrimination against transgendered people, in favor of laws and policies protecting the rights of the transgendered, and in support of full access to employment, housing, and education. Additionally, it encourages legal and social recognition of transgendered individuals, including civil marriage, medical care, and custodial settings (e.g., jails). The APA also recognizes the benefit and necessity of gender transition, and has called upon itself to ensure its members are have access to educational resources for working with transgender clients, support funding for research into transgender mental health issues, and to support the creation of informational resources for public policy, societal, and family discussions of gender identity issues.
In short, the professional standard speaks against exactly the kind of antagonism and discrimination encouraged by CGPP.
Gainesville, Florida is also the home of the University of Florida, where the student government, a week shy of elections, stopped arguing long enough to vote unanimously in favor of a bill opposing the proposed city charter amendment. According to the
Gainesville Sun, the Progress Party's former U.S. presidential candidate, Benjamin Dictor, has spoken out against the amendment, saying that it "has no place in Gainesville", and another PAC, Equality is Gainesville's Business, is working against the proposal and is organized a protest march last week, which
drew about eighty people:
The proposed charter will be voted on during city elections on March 24, after a local conservative group collected enough signatures from registered voters in Alachua County to get the issue on the ballot.
If passed, the legislation could affect Gainesville’s gay community because it would make discrimination based on sexual identity or sexual orientation legal.
Employees could be fired, refused service at a restaurant or kicked out of their home, according to pamphlet issued by Equality is Gainesville’s Business, which hosted the protest.
(Keenan)
While CGPP was able to gather enough signatures to put the amendment on the Gainesville city ballot, Alachua County—whose name derives from an indigenous term for "sinkhole"—has voted increasingly Democratic over the last twenty years, supporting the Democratic presidential candidate in the last five elections. For a municipal election, this one could be interesting.
____________________
Notes:
Citizens for Good Public Policy. "Charter Amendment Petition". CitizensForGoodPublicPolicy.org. Accessed February 24, 2009. http://citizensforgoodpublicpolicy.org/docs/Petition01MAY08.pdf
—————. "Why We're Here". CitizensForGoodPublicPolicy.org. Accessed February 24, 2009. http://citizensforgoodpublicpolicy.org/
Mental Health Sanctuary. "Gender Identity Disorder DSM IV Criteria". MHsanctuary.com. Accessed February 24, 2009. http://www.mhsanctuary.com/gender/dsm.htm
"Gender Identity Disorder". Wikipedia. Accessed February 24, 2009. http://en.wikipedia.org/wiki/Gender_identity_disorder
American Psychological Association. "Answers to Your Questions About Transgender Individuals and Gender Identity". APA Online. Accessed February 24, 2009. http://www.apa.org/topics/transgender.html
—————. "Transgender, Gender Identity, and Gender Expression Non-Discrimination". 2008. APA.org. Accessed February 24, 2009. http://www.apa.org/pi/lgbc/policy/transgender.pdf
Medical News Today. "APA Resolves To Play Leading Role In Improving Treatment For Gender-Variant People". MedicalNewsToday.com. August 18, 2008. http://www.medicalnewstoday.com/articles/118542.php
Miller, John L. "Gender Identity Disorder". AtHealth.com. Accessed February 24, 2009. http://www.athealth.com/consumer/Disorders/GenderIden.html
Ford-Martin, Paula Anne. "Gender Identity Disorder". Gale Encyclopedia of Medicine. 2002. HealthAtoZ.com. Accessed February 24, 2009. http://www.athealth.com/consumer/Disorders/GenderIden.html
Dinkova, Lidia. "Senators oppose charter change". Gainesville Sun. February 19, 2009. http://www.gainesville.com/article/20090219/articles/902191025
Keenan, Chelsea. "Students, faculty protest Charter Amendment 1". The Independent Florida Alligator. February 23, 2009. http://alligator.org/articles/2009/02/23/news/campus/090223_protest.txt