Trans-Form the Occupation

Pauline Park

at

Occupy Wall Street

13 November 2011

Thank you for the opportunity to speak here. I’m Pauline Park, chair of NYAGRA, the New York Association for Gender Rights Advocacy, and president of the board of directors of Queens Pride House, an LGBT community center in the borough of Queens.

I’m honored by the invitation to speak here at Occupy Wall Street, which I think is one of the most exciting recent developments in American politics. People are finally standing up to corporate greed and the powers that be. And that includes transgendered people. I’m a transgendered woman who was born in Korea. I’ve lived in New York since 1995 and I’d like to talk about the people who make up my community.

1) The diversity of the transgender community.

We need to recognize the full diversity of the transgender community. There are as many different ways of being transgendered as there are transgendered people. Do not assume that sex reassignment is the end point for every transgender transition; most transgendered people do not want sex reassignment surgery, and most people who do never get it.

2) ‘Transgender’ as an umbrella term.

There are literally hundreds of descriptors and self-descriptors that people use to identify or self-identify. But don’t confuse the label with the person. ‘Transgender’ is an ‘umbrella’ term that is widely used to bring together a wide variety of different subgroups within the community, including transsexuals, crossdressers and genderqueers. The term ‘transgender’ can be used in three different ways: as a term of self-identification, as an analytic term, or as a political term. There are many people who don’t identify with the term ‘transgender,’ including a lot of immigrants and transgendered people of color.

3) Sexual orientation vs. gender identity.

It’s important to understand the difference between sexual orientation and gender identity. Sexual orientation refers to who you’re attracted to; gender identity refers to how you identify and express your gender. Sexual orientation has nothing to do with gender identity per se. There are transgendered people who identify as heterosexual as well as those who identify as lesbian, gay and bisexual. Don’t assume someone’s sexual orientation from their gender identity or presentation. What do you know about someone’s sexual orientation if you know that they’re transgendered? Nothing~!

4) Discrimination.

In this society, transgendered and gender-variant people face pervasive discrimination, harassment, abuse & violence. Even with a transgender rights law in place since 2002, transgendered people regularly report discrimination in this city. Fortunately, the transgender rights law enacted by the New York City Council in 2002 prohibits discrimination based on gender identity and expression in employment, housing, public accommodations, education and credit. If you experience discrimination, contact NYAGRA through nyagra.com or the Transgender Legal Defense & Education Fund through the TLDEF website at transgenderlegal.org.

5) Bullying, harassment & violence.

Transgendered and gender-variant youth face pervasive bullying and bias-based harassment in our public schools; and the rate of teen suicide among trans and genderqueer youth is astronomically high. Many trans and genderqueer youth drop out of school because of such bullying; and without even a high school diploma, the chances of finding a well-paying job are very slim. Last year, the New York state legislature enacted the Dignity for All Students Act (DASA), which prohibits bullying and bias-based harassment in public schools throughout the state.

6) Housing & homelessness; health care.

Many transgendered people find themselves homeless because of discrimination and abuse, including domestic and intimate partner violence. Many are forced into sex work, with heightened risk of HIV infection, police brutality, and street violence. Many transgendered people lack health insurance and even access to basic health care.

7) GID.

Many transgendered people access hormones and surgery through the diagnosis of gender identity disorder (GID). But the GID diagnosis pathologizes everyone who is gender-variant as a gender deviant. As I like to say, I do not have a gender identity disorder; it is society that has a gender identity disorder. We need to eliminate the pathologizing of transgender and gender variance.

We need to create a society in which no one is denied employment or housing or health care because of their gender identity or expression. We need to recognize the multiple oppressions that face transgendered people of color, including immigrants of color. We need to recognize that the root of our oppression as transgendered and gender-variant people is the sex/gender binary — the policing of rigid gender norms by the police and public authorities, corporations and other employers, and conventionally gendered people in our society. We need to bring feminist consciousness to the project of challenging, deconstructing and dismantling the sex/gender binary.

We need to create a society characterized by social and economic justice, not governed by rigid gender norms and corporate profits. And as a step towards that goal, we need to make sure that this space is safe for everyone, including our transgendered brothers and sisters. As the Mahatma Gandhi said, we need to be the change that we want to see in the world.

Thank you.

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NEIGHBORHOOD REPORT: NEW YORK UP CLOSE; New Bias Frontier: A Council Bill Aims to Protect the Transgendered

By Denny Lee
New York Times
11 June 2000

When Donnie Vargas switched sexes and became Diana, her masculine wardrobe was not the only thing to go. She lost her job waiting on tables and was evicted from her apartment in Providence, R.I.

So Ms. Vargas did what many outcasts before had done: she moved to New York in search of more ”diversity and greater opportunities,” she said. But two years and dozens of job interviews later, she is still looking for work.

”Some places chuckled at me,” said Ms. Vargas, 30, who now lives in Astoria, Queens. ”Others told me they don’t hire my kind,” including one restaurant that advertised itself as owned and operated by gays, she said.

On Monday, members of the City Council introduced legislation to broaden the city’s human rights law to protect Ms. Vargas and others like her. The bill would insert the words, ”gender identity or expression,” into existing language that bars discrimination in employment, public accommodations, housing, credit and education.

”Transgendered or gender variant people have no protection under city law,” said Pauline Park, legislative coordinator of the New York Association for Gender Rights Advocacy, a nonprofit group formed in 1998. ”Without protection from discrimination, we can be and are routinely fired or simply denied the opportunity to work.”

The bill has 22 co-sponsors, said Peter Rider, a legislative aide to Councilwoman Christine Quinn, who is leading the effort along with five other Council members: Margarita Lopez, Philip Reed, Bill Perkins, Ronnie Eldridge and Stephen DiBrienza .

If the bill is enacted, New York will join 26 other cities, including San Francisco, Seattle and Atlanta, with similar laws.

While the bill’s supporters say they have not encountered much opposition, they expect an uphill battle before the Council. The city’s gay civil rights bill, they note, took 15 years before it was passed in 1986 and signed into law. The Giuliani administration has not taken a position on the new measure.

Meanwhile, transgender advocates have been speaking before community groups to build support. ”People respond to me just as another middle-aged woman,” said Melissa Sklarz, 46, who became the city’s first transgendered officeholder last November when she won a judicial delegate seat.

”I keep forgetting that I’m different,” Ms. Sklarz said. ”In my own head, I’m no different at all.” DENNY LEE

Photo: Diana Vargas has found job-hunting tough in New York. (James Estrin/The New York Times)

This article originally appeared in the 11 June 2000 issue of the New York Times.

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City Needs to Start Enforcing Transgender Rights Bill
By Pauline Park
Gay City News
29 April 2004

Two years ago this month, the New York City Council passed Int. No. 24, amending the city’s human rights law to add gender identity and expression, thereby extending protection from discrimination to transsexual, transgendered, and gender-variant people throughout the five boroughs.

I still remember vividly the euphoria we felt as we sat in the gallery of the City Council chambers on April 24 as the Council passed the bill by an overwhelming margin of 45-5.

After Mayor Michael R. Bloomberg signed the bill into law on April 30, the New York City Commission on Human Rights convened a working group––made up of members of its staff as well as transgender activists including me and my co-chair at the New York Association for Gender Rights Advocacy (NYAGRA), Moonhawk River Stone––to draft guidelines for implementing this civil rights statute.

By the time of our most recent meeting––in May 2003––we had reached consensus on broadly conceived yet meticulously detailed guidelines that could well be a model for other cities to emulate. But a year after completion of the draft, the Commission has yet to approve it.

I was reminded of the importance of implementing the law by a disturbing personal incident I suffered on April 19. That morning, I joined John Won, Jih-Fei Cheng, and Alain Dang from Gay Asian & Pacific Islander Men of New York and Riley Snorton from the Gay & Lesbian Alliance Against Defamation in a meeting with Details magazine about the “Gay or Asian?” feature that caused a storm of public protest due to its insensitivity about race and sexuality. After the meeting, we lunched in the food court on the lower level of the Manhattan Mall on Sixth Avenue and 33rd Street. Before sitting down to lunch, I availed myself of the women’s room, without incident. But after eating, upon emerging from the women’s room a second time, I was stopped by a female security guard demanding to know, “Are you a woman or a man?” Advantage Security, a private firm hired by the mall, has an office only yards from both restrooms, and the security guards were apparently using the big glass window on the security station to engage in surveillance of the restrooms.

Startled by the question, I was alarmed as a pack of security guards––all powerfully built men towering over me––circled me in a physically threatening manner. What I found disturbing was their use of physical intimidation as part of their attempt to interrogate me about my gender identity, their menacing posture suggesting the potential for violence. From the lead security guard’s comments, I strongly suspected that this incident might have been part of a persistent pattern of harassment of gender-variant individuals using the restrooms at the mall.

It is important to recognize that bathrooms are not just an issue for transitioning and post-operative transsexuals; they are an issue for all transgendered and gender-variant people. There are women with butch haircuts who are challenged every time they go into the women’s room, and gender-queer folk who find it difficult to use either restroom without being hassled or harassed.

The only difference between me and any other transgendered person being harassed by this private security outfit was that I was well aware of my rights, having coordinated the campaign for the very transgender rights law that they very well may have violated. Despite the risk to my personal safety, I decided to challenge what appeared to be their discriminatory intent regarding access to a public accommodation. But neither the female security guard nor the head of security, whom I asked to see, seemed aware that this incident may have constituted a violation of city human rights law.

I was struck that the incident at the Manhattan Mall occurred only five days before the second anniversary of the passage of Int. No. 24, reinforcing what I already knew––that the law’s enactment would be a hollow victory for the transgender community unless the Commission began implementing it seriously and enforcing it rigorously.

The working group’s last meeting at the Commission took place nearly a full year ago, last May 12. Commission staff informed us that the Commissioner for Human Rights, Patricia Gatling, had “concerns” about the draft guidelines, but I cannot understand why, a full year after the working group completed them, she still has yet to schedule a meeting with us to discuss those concerns. Since last May, I have made repeated calls to the Commission inquiring about the status of the guidelines without having received any substantive response.

When I joined the working group two years ago, I assumed that the Commission was committed to implementation of the law; but the pattern of delay suggests that the Commission is not serious about implementing the transgender rights law. It may even be possible that Commissioner Gatling is deliberately delaying implementation so as to impede effective enforcement of the statute.

Meanwhile, there may well be countless incidents of discrimination occurring that might have been prevented had these guidelines been issued in a timely manner. As the incident at the Manhattan Mall clearly illustrates, employers, landlords, and other providers of public accommodations are woefully ignorant of the transgender rights law. Many may not even be aware that it is now illegal to discriminate on the basis of gender identity or expression, and I strongly suspect that most have no idea how to modify their own operations––through staff training and other initiatives––in order to comply with the law’s provisions.

It is now time –– well past time, in fact –– for the Commission to approve and adopt broadly conceived guidelines to implement the transgender rights law and to undertake an aggressive campaign to inform and educate New York City agencies as well as private employers, landlords, and others about the provisions of the statute.

I would encourage all those who support implementation of this legislation to demand action from the Commission. You can phone the Commissioner Gatling at 212 306 5070 or e-mail her via the web at http://nyc.gov/html/mail/html/mailchr.html.

To protest the gender-policing of restrooms and the harassment of transgendered and gender-variant people at the Manhattan Mall, call the management at 212 465 0500.

Transgendered and gender-variant people in this city continue to face pervasive discrimination, and those thrown out of jobs or apartments––or simply restrooms in shopping malls––do not have the luxury of time while waiting for implementation of this non-discrimination statute. Only the most rigorous enforcement of this law will help reduce such discrimination, but responsibility for such enforcement rests with the Commission, as does responsibility for the unconscionable delay in the law’s implementation.

Pauline Park is co-chair of the New York Association for Gender Rights Advocacy (nyagra.com). In her capacity as coordinator of the work group on gender-based discrimination that included the six City Councilmembers who took the lead on Int. No. 24, Park led the campaign for passage of the measure. She also serves on the board of directors of the Transgender Legal Defense & Education Fund (transgenderlegal.org).

This op-ed originally appeared in the 29 April 2004 issue of Gay City News. In December 2004, the New York City Commission on Human Rights adopted guidelines for implementation of the transgender rights law, with language drawn in part from the settlement of my discrimination case against Advantage Security.

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