The Maryland Senate Judicial Proceedings Committee voted today, April 9, 7-4 in favor of the Gender Identity Anti-Discrimination Act, House Bill 235. The legislation passed with an amendment, from Sen. Brian Frosh (D-Montgomery) to take out protections against discrimination based on "appearance, expression or behavior" and instead adding "the manifestation of that identity in gender-related appearance, characteristics and mannerisms."The amendment to the legislation means that it will need to go back to the House if it passes the full Senate before the end of the legislative session on April 11. Three other amendments -- some of which would have limited the scope of the protections in the bill -- were proposed, but rejected.
Morgan Meneses-Sheets, the executive director of Equality Maryland, says she is confident that the bill will make it through the Senate and the House because it is being placed on a "concurrence calendar," which Meneses-Sheets says means it will be voted upon quickly.
Three other amendments were defeated, including one that would have stripped housing from the antidiscrimination protections found in the bill {by Sen. James Brochin (D-Baltimore County)}, and including another that would have stripped employment antidiscrimination protections {Sen. Christopher Shank (R-Washington County)}.
The Washington Blade described the defeated amendments this way in their piece Md. trans bill clears crucial committee vote:
The vote to approve the bill and send it to the Senate floor came after 90 minutes of debate and after the panel defeated three hostile amendments that supporters said would have killed the bill had they passed.One called for removing from the bill the provision banning job discrimination against transgender people and another would have removed the bill's language protecting transgender Marylanders from housing discrimination.
Another would have stricken a provision allowing people seeking redress under the law to take private legal action against an employer, landlord and other parties accused of engaging in discriminatory practices prohibited under the law.
I talked to two "in the know" activists about the one amendment by Sen. Frosh that did pass in committee -- specifically about whether HB 235's chances of passing into law are lessened by the additional legislative processing required for a senate bill that no longer is identical to the bill passed in the house. (There is an awareness that amending the bill meant the bill, if passed by the full Maryland State Senate, would have to go back to the House of Delegates for a vote.) Neither of the two legislative process-minded activists believed the changes were major enough to derail the realistic chances the bill will pass into law.
Today (April 11, 2011) is the day that HB 235 is going to be voted on in the Senate, and if it passes in the Senate, then see if it passes a quick vote in the House of Delegates. From Metro Weekly's Maryland Senate to Consider Gender Identity Bill Today, the Last Day of State's Legislative Session:
The Gender Identity Anti-Discrimination Act, House Bill 235, is on the schedule to be discussed and expectedly voted upon today, April 11, in the Maryland Senate on what is the last day of the state's legislative session.The bill passed favorably in the Senate's Judicial Proceedings Committee on April 9, with a 7-4 vote and an amendment from Sen. Brian Frosh (D-Montgomery), which takes out protections against discrimination based on "appearance, expression or behavior" and instead adding "the manifestation of that identity in gender-related appearance, characteristics and mannerisms." The amendment also states gender identity must be "persistent" and "bona fide," Meneses-Sheets said she is not concerned.
If the H.B. 235 passes the full Senate today, it is expected to go back to the House, on a "concurrence calendar," which according to Equality Maryland executive director Morgan Meneses-Sheets is a quick vote, also expected today. The House voted 86-52 in passage of the original bill on March 26.
Personally, I'm following Metro Weekly's Yusef Najafi on Twitter today to follow what's going on with the legislative process regarding HB 235 today.
No matter if one is for or against passage of HB 235 today, the one thing we probably all agree with is the idea that the bill should not go down quietly. The conversations in trans community started by having public accommodations stripped from this bill should be a call to action for the entirety of trans community -- we have to in the future take the destiny of trans people's civil rights into our own hands. And, I mean that in the sense of what Cesar Chavez said about people and civil rights struggles:
...there has to be someone who is willing to do it, who is willing to take whatever risks are required. I don't think it can be done with money alone. The person has to be dedicated to the task. There has to be some other motivation.
And, in the sense of what Cesar Chavez said about discouragement, and our opportunity to change the world:
It is possible to become discouraged about the injustice we see everywhere. But God did not promise us that the world would be humane and just. He gives us the gift of life and allows us to choose the way we will use our limited time on earth. It is an awesome opportunity.