ESPA goes out with a whimper not the bang of having passed GENDA
by Pauline Park

On Dec. 12, the Empire State Pride Agenda abruptly announced it would be shutting down the Pride Agenda — which so many people over the years have called ‘ESPA’ — and its Foundation, though its political action committee will apparently remain active.

The announcement was reported by media outlets from the New York Times (“Empire State Pride Agenda to Disband, Citing Fulfillment of Mission,” 12.12.15) to Gay City News to PlanetTransgender.com. This is big news for the lesbian, gay, bisexual and transgender community, because ESPA is the only statewide LGBT advocacy organization in New York and widely viewed as its voice, especially by members of the state legislature. In its Dec. 12 press release, ESPA declared,

The Boards’ decision comes on the heels of securing the Pride Agenda’s top remaining policy priority — protecting transgender New Yorkers from discrimination in housing, employment, credit, education and public accommodations — in the form of new regulations announced in partnership with Governor Andrew M. Cuomo at the organization’s Fall Dinner on October 22…

Of course, an executive order and even a state Division of Human Rights regulation can be rescinded by any of Cuomo’s successors as governor, so it does not have the force of an enacted statute law, and many saw this as a George W. Bush ‘mission accomplished’ moment, in particular because the Pride Agenda is closing shop without having gotten the Gender Expression Non-Discrimination Act (GENDA) through the state Senate and signed into law.

But Norman C. Simon, chair of the Pride Agenda board and co-chair of the Foundation, responded to criticism of the decision and the announcement of it by telling Gay City News,

We did not and are not declaring mission accomplished on LGBT equality. What we are saying is that our top priorities have been completed, and that the remaining work that needs to be done we will transition to other organizations in the coming months in an orderly process (Paul Schindler, “ESPA Leadership Pushes Back on Charge They’ve Declared ‘Mission Accomplished’,” Gay City News, 12.13.15).

In his story for Gay City News, Paul Schindler wrote, “Matt Foreman focused his criticism both on the way the Pride Agenda reached its decision and on the message the announcement of that decision sent,” quoting the former executive director as saying,

There was zero consultation with folks who spent their lives building the Pride Agenda. If they are going to make a decision of that magnitude, there has to be a consultative function. They need to talk to the stakeholders, to the communities around the state… This is an abrogation of a fundamental obligation that an organization has to its constituency… And, it plays into the national narrative that the job is done.

But the same could be said of ESPA’s decision to endorse Cuomo’s executive order without any consultation even with the coalition attempting to advance GENDA in the state Senate. I have been involved with what originally was called the GENDA Coalition from the beginning, far longer than all of the current ESPA staff, and I represented the New York Association for Gender Rights Advocacy (NYAGRA) in that coalition from its formation, and at no time was there even a conference call to discuss the executive order, which will have the effect of undermining any remaining efforts to push GENDA through the Senate. Why would the Republican majority in the Senate feel pressured to pass GENDA when ESPA and the governor are both touting the executive order/regulation as providing sweeping protections for transgendered people in the state? And the lack of even the most rudimentary consultation on the decision to endorse the governor’s executive action is why it feels to me like a backroom deal cut between ESPA and the governor rather than a genuinely community-driven policy victory. Hence the decision to settle for an executive order rather than to demand that the governor use his power and influence to push GENDA through the Senate — in which Republicans maintain a majority in large part due to Cuomo’s efforts to keep the Senate in Republican hands — is not only substantively questionable but really represents a betrayal of the transgender community and the process through which the GENDA coalition was working to achieve a legislative remedy to the lack of protection from discrimination based on gender identity or expression in state law.

The most negative reactions to the news of the shutdown of the two most important parts of the Empire State Pride Agenda empire have focused on the organization’s abandonment of its transgender legislative agenda, Kelli Anne Busey writing,

Realizing the trans community’s worst fears, the New York Empire State Pride Agenda announced the shocking news Saturday that they are ceasing operations after 25 years of operations…  [executive director Nathan] Schaefer just said the job isn’t finished without saying transgender and every fucking person in the room knows that’s what he’s eluding to. (it’s their little secret) They’ll just walk. So gay New Yorkers will spend money on making sure the laws protecting them aren’t eroded but will throw the T under the bus. Nice. (Kelli Anne Busey, Empire State Pride Agenda Disbands, Screwing NY Transgender People,” Planet Transgender, 12.13.15)

On Twitter, a number of people ‘tweeted’ critical comments:

This is what superficial justice looks like: “Empire State Pride Agenda to Disband, Citing Fulfillment Mission” (Jen Jack Gieseking @jgieseking, 12.13.15)

“We got marriage equality our work is done.” “What about trans equality, we aren’t done?” “Well we are!” (Mia Marie Macy @Miamariemacy, 12.13.15)

The closure of NYC’s @prideagenda is a sad indictment of legal activism. Marriage equality does not heal all wounds. (Senthorun Raj @senthorun, 12.13.15)

I have worked with every executive director and deputy director of the Pride Agenda from 1998 onwards as well as every transgender community organizer and every coordinator of the New York State LGBT Health & Human Services Network, which Tim Sweeney founded when he was deputy director of the Pride Agenda and in which I represented Queens Pride House (the only LGBT community center in the borough of Queens), so I actually know ESPA’s history better than the current members of the board and staff. And . So my perspective is the long view, informed by my experience leading the campaign for the transgender rights law enacted by the New York City Council in 2002, in partnership with Tim Sweeney and Matt Foreman and other ESPA staff; it is also informed by my participation in the steering committee of the coalition that led the campaign for the New York State Dignity for All Students Act (DASA), enacted in 2011.

And so what I would like to do is offer an assessment of the Pride Agenda’s record from 1998 to 2015 as informed by 17 years of working with the organization. That relationship goes back to the founding of NYAGRA in 1998 and our very first meeting with another organization; several co-founding members went to the Pride Agenda’s old office on Hudson Street. In the cramped office in the West Village, we met with Tim Sweeney, then deputy director, to seek ESPA’s support for inclusion of gender identity and expression in the Sexual Orientation Non-Discrimination Act (SONDA) then pending in the Republican-controlled state Senate after having already passed the Democrat-controlled Assembly; we also sought Pride Agenda support for transgender inclusion in the hate crimes bill, which had also passed the Assembly and was also stalled in the Senate. Tim Sweeney told us that NYAGRA should join the state hate crimes bill coalition if we wanted to have gender identity and expression added to the hate crimes bill; he also told us that ESPA was not prepared to add gender identity and expression to SONDA but that the Pride Agenda would be willing to work with us on a local transgender rights bill. As a result of that collaboration, we launched the campaign for the bill that would eventually pass the City Council in April 2002 and be signed into law later that month.

It is important to recognize that the Empire State Pride Agenda was a self-defined ‘lesbian and gay’ organization when we met with ESPA staff in November 1998; transgender simply was not a part of the organization’s mission and there was no indication that they had even considered including transgendered people in their work. NYAGRA was the first transgender advocacy organization in the city or the state, and its formation and our pressing ESPA on transgender inclusion in pending state legislation is what prompted the Pride Agenda to move toward transgender inclusion in its work.

Any assessment of the Empire State Pride Agenda has to focus primarily on legislation, because that is where the organization has made its mark, along with the founding of the Network and the funding that it was able to garner for the over 60 LGBT-specific social service providers in the state. The major legislation that ESPA played a role in getting enacted since 2000 have included the state hate crimes law (2000), SONDA (2002), DASA (2011), and marriage equality. ESPA also helped with the campaign for the New York City Dignity in All Schools Act (NYC DASA), enacted by the City Council in 2004 over Mayor Michael R. Bloomberg’s veto, though the organization didn’t play the leading role with that legislative campaign as it did with the aforementioned state bills.

The first and best-known charge of transgender exclusion leveled against ESPA is also the most misunderstood; it is often thought that the Pride Agenda stripped gender identity and expression from SONDA so that it could be pushed through the Senate in December 2002; but in fact, transgender-specific terms were never in SONDA; the more mundane truth is that ESPA simply refused to bow to pressure from various parties to add gender and expression to the bill when it became viable in June 2001 when Gov. George Pataki first expressed openness to supporting it. As executive director of the Pride Agenda, Matt Foreman cut the deal that secured passage of SONDA: in exchange for ESPA’s endorsement of Pataki for a third term as governor, Senate majority leader Joe Bruno allowed a floor vote on SONDA in December, with the bill passing with a majority of Democrats and a minority of Republicans before being signed into law by Pataki.

GENDA was introduce the next year and has since passed the Assembly several times but never the Senate, where it was even defeated in a vote in committee in 2011. The bill that did finally pass the Senate in that year was the Dignity for All Students Act, the first and so far only explicitly transgender-inclusive legislation enacted by the state legislature and signed into law. But the history of DASA does not reflect unqualified support for transgender inclusion on ESPA’s part. When Moonhawk River Stone was co-chair of NYAGRA with me, we were twice approached by Alan Van Capelle, then executive director of the Pride Agenda, about a possible compromise that could satisfy the Republican Senate leadership sufficiently to allow the bill to come up for a vote in the Senate. The first was an overture from the Senate leadership that entailed stripping gender identity and expression from the bill altogether; the second a proposal by Kevin Jennings, then executive director of the Gay Lesbian & Straight Education Network (GLSEN) to water down the language of the Dignity bill to remove the definition of gender, which included identity and expression, and instead put ‘identity and expression of’ in front of the list of characteristics in the bill; the dubious language had never been tested in any court or even enacted by any state language. Alan Van Capelle convened a small group of transgender activists, hoping I am quite certain that we would all go along with the dubious proposal; but Hawk Stone and I stood firm and refused to put NYAGRA’s imprimatur on it. After these two overtures were deflected, the coalition continued to work on the bill, even after the lead sponsor in the Senate, openly gay Sen. Thomas K. Duane, completely lost interest in his own bill; Dignity did eventually pass the Senate in June 2010, ironically enough as a kind of consolation prize to the LGBT community for the Senate’s rejection of the marriage equality bill that would eventually pass a year later, in June 2011.

As for the marriage equality legislation itself, on the one hand, it is certainly true that it ultimately redounded to the benefit of transgendered New Yorkers as well as non-transgendered gay and lesbian New Yorkers; but many felt that those who would be the most immediate beneficiaries of same-sex marriage recognition in New York would be the relatively more privileged members of the LGBT community, including wealthy gay white Manhattan professionals who — just as Andrew Cuomo no doubt calculated they would — opened up their checkbooks to make donations not only to ESPA but also to Cuomo for his 2014 re-election campaign. The most deleterious effect of the drive for marriage legislation by ESPA and Cuomo as well as marriage organizations such as Freedom to Marry and Marriage Equality-New York was that marriage came to dominate discussions of LGBT issues in the state legislature and coverage of the LGBT community in the media for most of the decade that preceded passage of the marriage equality bill, to the detriment of discussion of virtually anything else. I can remember one media interview in which I attempted to discuss GENDA and DASA with a reporter who seemed to insist that marriage was the most important issue facing the LGBT community and misquoted me to that effect in her write-up, despite my having said the opposite. Because of the enormous media attention on marriage, even Tom Duane, the lead sponsor of both GENDA and DASA, lost interest in those bills and let them languish. Nor did ESPA do anything effective to pressure the Democrats when they were briefly in control of the Senate from January through mid-June 2011 to bring GENDA to the floor for a vote, when it would almost certainly have passed.

The Empire State Pride Agenda Foundation honored Christine Quinn and Louis Bradbury at its annual fall dinner in October 2012, which was a disgraceful political act intended to ingratiate the organization with the Council Speaker when she was preparing to run for mayor; the press release announcing the honorees declared, as Council Speaker, “she was at the helm of some of our community’s most historic victories, including ensuring dignity and protections against bullying for all students, and New York’s momentous marriage victory in 2011.”  Chris Quinn had little if anything to do with the marriage bill passing — the Speaker of the New York City Council has no authority in the state Senate — and she did nothing but sign her name to the New York City Dignity in All Schools (NYC DASA) bill as a co-sponsor; I was on the NYC DASA Coalition steering committee and Chris Quinn didn’t lift a finger to help us get the bill passed, which actually passed during Gifford Miller’s speakership, not Quinn’s; in fact, after NYC DASA was enacted, she conspired with Mayor Bloomberg to block its implementation by the NYC Department of Education (NYC DoE); so to give her credit for NYC DASA’s enactment is doubly false. The same ESPA release asserted of Bradbury, “As Chair of the Board of the Empire State Pride Agenda, which under his leadership helped to secure passage of The Dignity for All Students Act.” I was on the steering committee of the New York State DASA Coalition and Louis Bradbury had zero involvement with that effort; the bill finally passed the New York State Senate when he was chair of the ESPA board, but enactment had nothing to do with him, and it was clear to me that he was just using his position as chair for yet further self-aggrandizement after he fired Ross Levi — ESPA’s best executive director, in my view — back in March 2012 in a sordid power struggle initiated by Bradbury that significantly undermined the organization’s credibility. Truth does not come from falsity and honoring the dishonorable only dishonors the LGBT community that the Pride Agenda claimed to represent; honoring Chris Quinn and Louis Bradbury by making false claims about their achievements was a disgraceful act.

The manner of one’s passing says a great deal about an individual and I think the same is true of an organization. Organizations die just like individuals, and the rather abrupt, almost hasty manner of ESPA’s passing is telling. Just as the Pride Agenda consulted with no one — not even the coalition working to advance GENDA — when it cut a deal with Gov. Cuomo to endorse his executive order on transgender discrimination and give him a platform at its annual fall dinner in October 2015, so the boards of the Pride Agenda and its Foundation consulted with no one, not even former board and staff members, on the decision to close their doors. Norman Simon’s talk about an ‘orderly process’ of winding down and collaboration with other organizations to try to parcel out its current work seems to mask something quite disorderly. Because of the secretive nature of ESPA deliberations, it would likely be impossible to get confirmation of my suspicions, but I suspect that the board voted to shut down operations for the very mundane reason that ESPA and even its Foundation were no longer financially viable operations. As Gay City News reported,

Pauline Park is chair of the New York Association for Gender Rights Advocacy (NYAGRA) and served as executive director of Queens Pride House from 2012-15; she led the campaign for the transgender rights law enacted by the New York City Council in 2002 and served on the steering committee of the coalition that led the campaign for the New York State Dignity for All Students Act that was enacted in 2011.

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As a transsexual, Justine Nicholas said she often feels like Nora in the last act of Ibsen’s “A Doll’s House.” This sense of isolation was only compounded after a security guard in Midtown demanded that she prove her gender after she walked out of a women’s restroom.

“I was born as an insider,” Nicholas, 46, said. “I lived the first 43 years of my life as a white heterosexual male and while I wasn’t fabulously wealthy, nobody questioned what restroom I used when I walked in.”

Nicholas, a teacher at the City University of New York, was among more than 60 activists, officials and legal experts at a forum at New York University on Tuesday, April 19, that discussed the implementation of law that amended the city’s Human Rights Law to include gender identity and expression as a protected category. The New York City Council overwhelmingly passed Local Law 3, which protects transgendered New Yorkers from housing, employment and public accommodation discrimination, in April 2002; Mayor Michael Bloomberg quickly signed it into law. The city’s Commission on Human Rights adopted these guidelines in December.

Michael Silverman, executive director of the Transgender Legal Defense & Education Fund, said these guidelines and amendments establish an important legal precedent. “There haven’t been many guidelines for gender identity and expression,” he said. “But when we added gender identity and expression to the city Human Rights Law, it was somewhat of a novelty under civil rights law.”

The TLDEF announced earlier this month that it had reached a settlement under the amended HRL after Nicholas and Pauline Park, co-chair of the New York Association for Gender Rights Advocacy, filed complaints with the CHR. They alleged security guards did not allow them to access public restrooms. The settlements (the first since Local Law 3 took effect) constitute an important success, Silverman said: “Having success in cases like those is pressing some hot buttons.”

Matt Foreman, executive director of the National Lesbian & Gay Task Force, described the impact of Local Law 3 as “tremendous” and added that other municipalities across the country are looking at it as a model. “This is a monumental step forward,” Foreman said. “When you do something like this it affects 8 million people. And other cities look to New York and say, “If New York can do it then we can do it also.”

Councilmember Bill Perkins (D-Harlem), who sponsored the bill, said it was part of an ongoing civil rights struggle for the transgendered. “We are not talking just about human rights but a civil rights movement,” he said. “One of the most important things we have learned is that laws don’t change attitudes.”

Sen. Tom Duane (D-West Side) and Assemblymember Dick Gottfried (D-Hell’s Kitchen) have reintroduced a bill in Albany last week that seeks to extend legal protections to transgendered people statewide. NYAGRA, the Empire State Pride Agenda and a number of other gay advocacy groups have endorsed the Gender Expression Non-Discrimination Act. Gottfried said he hopes the bill will expand protections outlined in the Sexual Orientation Non-Discrimination Act. “The experience of transgender individuals and the discrimination they face is unique,” Gottfried said. “It should be specifically identified and unambiguously rejected in our state’s civil rights laws.”

Despite these ongoing legislative and legal efforts, CHR Deputy Commissioner Avery Mehlman said he is concerned that many transgendered New Yorkers are simply unaware that they are protected under the law. “When we speak with the transgender community we see discrimination everywhere,” he said. “But we don’t see the numbers coming down to the agency to file a complaint.”

But Nicholas said this was a first step: “The fact that such a law was passed caused people to realize that their own consciousness needs to be raised.”

This article originally appeared in the 22 April 2005 issue of the New York Blade News, which is now defunct.

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More than 2,000 people rallied for equal rights in front of the capitol building in Albany.

New Yorkers Lobby Albany for Equality and Justice Day in Record Numbers
Constituents urge lawmakers to pass three key bills this session
By Kat Long
New York Blade
5.1.2009

Riding the momentum of recent victories for gay equality in Iowa, Vermont, Washington D.C. and other states, Empire State Pride Agenda sponsored its annual Equality and Justice Day in Albany on April 28. Pride Agenda, the statewide LGBT civil rights advocacy group, organized the daylong series of meetings with state legislators as well as a noontime rally at the foot of the capitol building. More than 2,000 New Yorkers from all corners of the state took part—the largest turnout in the event’s history. The number presented a huge increase from the first E&J Day, when 400 people participated.

“We were very strategic in identifying the districts where we wanted to make sure we had a good attendance, and we had conference calls prior to E&J Day with the individuals who had signed up to come, so we could talk to them about just how important their stories were going to be,” said Alan Van Capelle, Pride Agenda’s executive director. “Those districts included places on Long Island and in the North Country and western and central New York, so that [support] literally came from around the state.”

The day’s program was focused on having small groups of constituents meet with their elected Senators and Assemblymembers to tell their personal stories, with an emphasis on the difference pro-gay laws could make in their lives.

Three major pieces of legislation of concern to LGBT New Yorkers have a chance of passage in this legislative session, which ends June 22: the marriage equality bill re-introduced by Gov. David Paterson last month; the Gender Expression Non-Discrimination Act (GENDA); and the Dignity for All Students Act. (See related articles in this issue for analyses of each bill).

“Anytime we’ve won something from Albany it’s because we’ve told our stories to legislators,” Van Capelle said. “The biggest goal we had to was to get as many people together to tell their stories to our elected officials.”

The groups of amateur lobbyists included heads of major labor unions, CEOs of Fortune 500 companies, and everyone in between, Van Capelle said, which showed a depth and breadth of participation that hadn’t been seen in previous years.

For some E&J Day participants, it was their first chance to meet face-to-face with their elected representatives and make a personal investment in the democratic process. For others, this year offered a chance to lobby with the wind at their backs.

Pauline Park, chair of the New York Association for Gender Rights Advocacy (NYAGRA), told the Blade this was her eleventh year of lobbying in the capitol. She personally met with legislative directors for Senators Carl Kruger (D-Brooklyn), Joseph Addabbo, Jr. (D-Queens) and Hiram Monserrate (D-Queens), the latter from her own district.

“I felt it was especially important, as the chair of a statewide transgender advocacy organization, to meet with centrist Democrats who have not yet taken a clear position on legislation important to our community,” Park said. “It is precisely with Addabbo, Kruger and a few other moderate Democrats and moderate Republicans that we will find the votes to bring marriage, GENDA, and Dignity bills to the floor of the Senate and get them passed.”

Based on her meetings, Park felt that the Dignity for All Students Act would be the easiest of the three to pass, “as it is difficult for even the most homophobic or transgenderphobic politician to argue that kids should be subject to bullying in school.” She also had high hopes for GENDA based on polls that suggested most New Yorkers support laws banning discrimination, but felt marriage equality could be the biggest hurdle, based on feedback from legislators.

Van Capelle said that while we as voters have no control over which bills come up for votes first, it’s our responsibility to work the legislation we want to see made into law.

“This is a unique moment in our movement that did not happen by accident. We’ve worked for this moment, and we saw the fruits of it on Tuesday.”

He added, however, that E&J Day 2009 was the “starting point, not the finish line.”

This article originally appeared in the New York Blade on 1 May 2009; the Blade is now defunct.

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New Yorkers Join National Fight for Trans Equality
By Brett Krutzsch
NY Blade
Friday, May 18, 2007

Personal stories of harassment and discrimination were a uniting theme Tuesday night at the LGBT Center in Chelsea during a panel titled “Clock In/Speak Out: Gaining Momentum for Workplace Equality in New York and the U.S.”

Almost 50 people attended the discussion on transgender rights, sponsored by the LGBT legal advocacy group Lambda Legal. The debut program was one of seven flagship events across the country that took place on Tuesday to raise awareness for the  Employment Non-Discrimination Act (ENDA). Introduced in Congress on April 24, ENDA could make it illegal to fire, prevent promotion, or refuse to hire anyone based on sexual orientation or gender identity.

At Tuesday’s event, the panel discussed key issues facing the transgender community, including problems with the healthcare system, workplace discrimination, and harassment of transgender youth in New York City schools.

“As an American citizen, I can work just like anyone else,” said panelist Elizabeth Rivera, Program Coordinator of TransJustice at the Audre Lorde Project. Rivera, who is transgender, said it can be very difficult to get a job when you are in an “in-between state” of male and female.

New York is one of 17 states that ban discrimination based on sexual orientation. However, explicit statewide employment protection for transgender individuals does not exist.

Transgender youths are also at risk, and are not protected under New York State  law. Truman High School student Andy Santana, who identifies as “gender queer,” has been verbally and physically assaulted by other students, and said complaints to school officials have fallen on deaf ears. Santana said that when he was jumped by another student in a stairwell, “There was a security guard who saw me screaming, and walked away.”

“Fear of going to school harms people,” said Michael Silverman, executive director of the Transgender Legal Defense and Education Fund. “You are less likely to be hired if you don’t have the skill set you need.”

Panel moderator and chair of the New York Association for Gender Rights and Advocacy (NYAGRA), Pauline Park, said that, “Since so many transgender people are forced out of high school, they don’t go to college. It’s no surprise that so many transgender people are forced into sex work or extremely low-paying work.”

Santana’s experience at Truman High School in the Bronx captured the attention of the audience and became a focal point for much of the evening.

“Gay bashing definitely happens,” Santana said. “Gay and transgender students in my school get their names posted on a wall by other kids. After a student gets jumped, their name gets crossed off.”

Park said her group has sponsored trainings related to transgender issues at Truman High School, but, “The principal has been hostile since day one,” and that the “Department of Education doesn’t do anything to take these issues seriously.”

Hayley Gorenberg, the deputy legal director of Lambda Legal, wanted the audience to know that transgender people can still take cases to court in states such as New York where there aren’t specific laws to protect transgender individuals.

“People are discriminated against all the time without knowing we have tools to fight,” she said.

The evening ended with a call to action. People were encouraged to sign a petition in support of ENDA. Everyone was also given information about New York State’s Gender Expression Non-Discrimination Act (GENDA) that would protect against discrimination based on gender identity and gender expression in employment, housing, credit, public accommodations and education. Those present were given phone numbers of State Assembly members on the Codes Committee who will be voting on the issue.

Marcy Farrell, who volunteers with the Transgender Legal Defense and Education Fund, said that panel gave “all of us enough courage to be public about our transgenderness and to advocate for understanding, to be seen as human beings, despite our gender issues.”

Maurice Harrison, who was also in the audience, wished that the event could have been held somewhere other than the LGBT Center. “We have problems with the heterosexual community,” Harrison said. “And they have no idea about these meetings.”

Leslie Gabel-Brett, director of education and public Affairs at Lambda Legal, said she hopes Santana’s and others’ stories “raise visibility of transgender issues, and generate more activism on the state and national level.”

As Santana said before the panel ended, “If I had transferred out of the school, I would have shown my bashers that they had won.”

Now Santana’s story is inspiring others to fight for transgender individuals.

This article originally appeared in the New York Blade on 18 May 2007; the Blade is now defunct.

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I’d like to begin by thanking Eileen Novack and everyone else who helped put this event together, as well as the Rev. Paul Ratzlaff and the Unitarian Universalist Fellowship of Huntington for hosting the second Transgender Day of Remembrance here on Long Island. I’m honored to be asked to speak again as I was at last year’s event and I’m especially honored to be in such distinguished company, with Suffolk County Majority Leader Jon Cooper, with Donna Riley of Long Island Trans Experience (LITE) and with Juli Owens of the Long Island Transgender Advocacy Coalition (LITAC).

The work of the New York Association for Gender Rights Advocacy is and has always been about collaborating with and supporting the great work of organizations such as LITE, LIFE, LITAC, and LIGALY. NYAGRA is also proud to work with supportive people of faith such as Pastor Paul and the members of the UU Fellowship of Huntington. NYAGRA’s legislative agenda includes advancing the Gender Expression Non-Discrimination Act (GENDA) and the Dignity for All Students Act (DASA) in the state legislature as well as working on implementation of the New York City Dignity in All Schools Act and the New York City transgender rights law (Int. No. 24, enacted as Local Law 3 of 2002). We’re also working with the Transgender Legal Defense & Education Fund (TLDEF) to try to persuade the New York City Department of Health to revise its proposed new regulation on change of legal sex designation on birth certificates for transsexual and transgendered people.

On a solemn occasion such as this, when we remember those we have lost to violence and hate, it is important to understand precisely what legislation and law can and cannot do. Non-discrimination laws can help protect us from discrimination, but they cannot eliminate discrimination. Hate crimes laws can help reduce hate crimes against transgendered people — at least those that include gender identity and expression, unlike the hate crimes law enacted by the New York state legislature in 2000 — but hate crimes laws cannot eliminate hate crimes.

We must recognize that law is an important but a weak tool of social change. To give you just one example that illustrates my point, let me mention the inclusion of sexual orientation to Ecuador’s constitution. When Ecuadorian activists were successful in getting sexual orientation added to their national constitution, it was a testament to their commitment to equality under law. But because there was no campaign to undergird that constitutional provision by educating the public on issues of sexual orientation, the addition of that provision did not substantially improve the lives of lesbian, gay and bisexual Ecuadorians, who still face pervasive discrimination and police brutality in Ecuador. Without public support, legal change — whether through legislation, litigation, or even constitutional amendment — cannot alone fundamentally alter the reality of our lives as LGBT people. It is only through a change of hearts and minds, as the catch-phrase goes, that we can substantially change the grim reality that greets many members of our community as they try to make their way in a still-hostile society.

But what law can do is to send a signal to those who would commit discrimination and hate crimes. In addition to providing legal recourse to the victim, law sends a signal to a potential perpetrator as to what society finds acceptable or unacceptable, and so enactment of transgender-inclusive statutes can powerful influence the governing discourse of social relations with regard to how to treat transgendered and gender-variant people.

NYAGRA’s philosophy is to view law as a tool to educate the public as well as a means of providing transgendered and gender-variant people with legal redress. Just as we must pursue legal change — such as the addition of gender identity and expression to Nassau County human rights law — to protect transgendered and gender-variant people from discrimination, we must use legislation and litigation to educate the public so that members of the public understand the pervasive discrimination and violence that transgendered and gender-variant people still face, even in those cities, counties and states with transgender-inclusive non-discrimination and hate crimes laws.

The challenge for us is not only a political challenge of getting legislation through city councils, county and state legislatures, and Congress; it is also the challenge of winning the hearts and minds of our family members, friends, neighbors, colleagues, and fellow citizens. And so our task must be viewed in spiritual terms. It is therefore especially appropriate that we commemorate the Transgender Day of Remembrance here. But just as spirituality cannot be contained within the walls of a church — even one as welcoming and wonderful as this one — our task is to take the spirit of remembrance from this sanctuary out to every city and town on Long Island and beyond. In remembrance of all those we have lost to violence and hate, let us join together in re-committing ourselves to that task. Thank you.

Pauline Park is chair of the New York Association for Gender Rights Advocacy (NYAGRA).

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In 2009, Sen. Hiram Monserrate was convicted on a misdemeanor charge of assaulting his girlfriend, Karla Giraldo.

FOR IMMEDIATE RELEASE
Pauline Park
OutPOCPAC co-president
paulinepark@earthlink.net
Doug Robinson
OutPOCPAC co-president
doug@outpocpac.org
New York, NY, January 21, 2010 – The Out People of Color Political Action Club (OutPOCPAC) today endorsed the unanimous report of the New York State Senate’s Special Committee of Inquiry on Sen. Hiram Monserrate (chaired by Sen. Eric T.Schneiderman, D-Manhattan) recommending expulsion for the senator convicted last year of a misdemeanor charge of assaulting his girlfriend. A New York City-based non-partisan political club for lesbian, gay, bisexual and transgendered (LGBT) people of color, OutPOCPAC joins the National Organization for Women-New York State (NOW-NYS) and a host of other civil rights and social justice organizations in calling on members of the New York State Senate to vote for the expulsion of Senator Monserrate (D-Queens).

“Hiram Monserrate’s conviction for domestic violence, his leading role in thecoup that upended the State Senate last June, and his vote against the marriage equality bill in December are each in themselves sufficient reason for OutPOCPACto repudiate him,” said Doug Robinson, co-president of OutPOCPAC. “Taken together, these constitute a compelling reason for members of the Senate toexpel him from that body.”Monserrate was elected in November 2008 to represent the 13th Senate district in western Queens and took office in January 2009; in June, he joined Sen. Pedro Espada of the Bronx in fomenting a ‘coup’ that effectively suspended action inthe Senate for 30 days, preventing votes on legislation that would recognizesame-sex marriage as well as on the Gender Expression Non-Discrimination Act (GENDA) and the Dignity for All Students Act (DASA) — the LGBT community of New York’s three top legislative priorities. GENDA is a state transgender non-discrimination bill currently pending in the Senate and DASA is a safe schools bill also pending in the Senate; both have been approved by the Assemblybut have yet to get a vote in the Senate.

“I would like to see the 13th Senate district represented by a Senator who embodies integrity and respect for women,” said Pauline Park, OutPOCPAC co-president and a resident of the 13th district. “Hiram Monserrate is guilty of violence against the woman who is his partner and consorted with the most corrupt member of the state Senate to undermine the elected leadership of that body,” Park added. “And in voting against the marriage equality bill in December, he betrayed his stated commitment to support full equality for LGBT New Yorkers as well as his own record on LGBT rights as a City Council member.”

The Coalition for Morality’s poster calling on members to thank Hiram Monserrate for voting against the marriage equality bill.

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Gov. David Paterson, Pauline Park of NYAGRA & Michael Silverman of the Transgender Legal Defense & Education Fund (TLDEF)
(photo courtesy of Michael K. Lavers)

On Dec. 16, Gov. David Paterson signed an executive order (Executive Order No. 33) prohibiting discrimination based on gender identity or expression in state employment.

As the chair of the New York Association for Gender Rights Advocacy (NYAGRA), I was invited to join the governor on the dais along with a number of other activists as well as elected officials. And I was invited to make a statement on behalf of NYAGRA that was included in the press release issued by the governor’s office announcing the executive order. The New York Times broke the story of the executive order the day before the signing ceremony. Several media outlets covered the event. Gay journalist and blogger Michael K. Lavers filed a report about the executive order for Edge Boston as well as on his own Boy in Bushwick site.

Gov. Paterson with Pauline Park
(photo courtesy of Laura Vogel)

Here is the text of the press release from the governor’s office quoting me:

Pauline Park, Chair of the New York Association for Gender Rights Advocacy (NYAGRA), said: “Governor Paterson has taken an important step in helping members of the transgender community secure full legal equality under state law in New York, and we applaud him for this historic executive action. In extending protections from discrimination based on gender identity or expression in State employment, the Governor creates momentum for enactment of the Gender Expression Non-Discrimination Act (GENDA). We in NYAGRA call on the State Senate to follow the Governor’s lead and take action on GENDA now.

(NYAGRA is a co-founding member of the GENDA Coalition, which is coordinated by Ejay Carter, the transgender rights program organizer at the Empire State Pride Agenda.)

The governor with Pauline Park at the signing ceremony.
(photo courtesy of Michael K. Lavers)

Gov. Paterson should be commended for taking this important step.  It’s now up to the New York State Senate to pass GENDA so that all transgendered and gender-variant New Yorkers are protected from discrimination under state law.

8.13.25: update:  the former governor endorsed NewYork City Mayor Eric Adams for re-election, shattering the regard I once had for David Paterson; I can’t see any legitimate reason for him endorse the most incompetent and corrupt mayor in this city’s history but pride I once felt in meeting the former governor and participating in the event at which he announced the signing of his executive order has vanished; David Paterson is a shadow of his former self, which in all honesty wasn’t all that much to write home about; he was a mediocre governor at best & the small steps he took on behalf of LGBTQ rights were virtually his only achievements as governor (Kelly Mena, “Paterson backs Adams as Mamdani faces hostile reception on Staten Island,” NY1, 8.14.25).

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