Gender identity policies changing
State rules against discrimination will be broadened to include cross dressers, transsexuals.
Tuesday, January 23, 2007
COLUMBUS — Cross dressers, transsexuals, gays, lesbians and bisexuals may be protected from job discrimination in the attorney general and secretary of state's offices under soon-to-be expanded employment policies.
"Frankly, I don't think we should discriminate against anybody against anything related to their sexuality or gender identification in the broadest sense that you can apply it," said Attorney General Marc Dann. "I just want the best lawyers, best victim advocates ... the best investigators in the world. I don't care, frankly, as long as they do their jobs well."
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Treasurer Richard Cordray will change his office's non-discrimination employment policy to include sexual orientation, and Gov. Ted Strickland plans to sign an executive order protecting state workers from discrimination based on sexual orientation, their press secretaries said.
But Dann and Secretary of State Jennifer Brunner plan to expand it further to cover "gender identity."
Ohio State University associate law professor Marc Spindelman, who specializes in gay, lesbian, bisexual and transgendered legal rights, said a broad interpretation of "gender identity" could cover nonconforming people such as cross dressers and pre- and post-surgery transsexuals.
"It seems hard to imagine that there won't be some people in the state who are incredibly upset by the notion that people will be being judged simply on the basis of their merit and their workplace performance," Spindelman said.
David Miller of Cincinnati-based Citizens for Community Values called it bad public policy because sexual orientations can change, and he noted that gender identity disorder is a recognized mental condition.
Fourteen states have laws protecting against job discrimination based on sexual orientation and gender identity, but Ohio is among the 31 states that lack such legal protections in law, according to the Human Rights Campaign web site.
"Lots of people find themselves deeply unnerved by gender nonconforming behaviors and we regulate it in all sorts of ways. Kids regulate other kids at school, you know, tomboy girls and sissy boys. There are categories that we recognize," Spindelman said.
"We know that kids get teased and tortured for not conforming and the question is, as adults does that stop?"
