Why the Trans Stuff?

This could also be titled, “Can you explain what Joel has been up to the last year?”  Or “Why is Joel glad Autreat moved from Johnstown.”

Some readers of this blog may wonder why there is the trans-advocacy stuff here.  It mostly started in 2012 with an issue involving Autreat.

In 2012, as a member of the planning committee, I discovered, by accident, that our Autreat venue at the time (University of Pittsburgh @ Johnstown) was discriminatory against trans people (and, most likely, still is).  Essentially, they decided to prohibit many trans people from using the correct facilities for their gender identity and expression (I.E. a transman should be able to use the men’s room; that said, depending on where he is in his transition and with his expression at the time, he may choose to use the women’s room for safety purposes, which should also be respected as this is an issue of safety from assault, not preference or comfort).  The change was made in 2011, despite a pretty good official non-discrimination policy (that includes, ironically, gender identity).  It was proclaimed semi-officially – it didn’t go through the typical rule making process, nor was it put on paper, but it absolutely was enforced and echoed by official statements made by the University.  In fact, it was enforced against a student at Johnstown who arrested for using the “wrong” facilities and charged with indecent exposure.

This was significant to Autreat because research shows that autistics are highly represented in the trans community (for instance, 6% of people with gender identity disorder are autistic according to one study – much higher than one would expect if there was no relationship).

There’s all sorts of commentary on U Pitt’s decision online and in print – most of it revolving around whether or not different advocacy organizations and trans people responded “right” to the discrimination or whether or not the trans person who was arrested was right or wrong. Unfortunately most of this commentary doesn’t actually question the discrimination, and most seems to imply “just wait it out” is the right response when you personally face discrimination – but that’s the typical response to anything that disturbs the status quo from people not personally bothered by the status quo. However, the root of the problem is not any specific case, but rather official statements from the University administration about how trans people would be treated. For instance, a spokesperson quoted by Think Progress said,

As this [policy] applies to use of facilities, a female who identifies as a male, or a male who identifies as a female, may use restrooms or locker rooms of his or her declared gender identity after he or she has obtained a birth certificate designating the declared gender. This practice applies to student athletes as well.

Many trans people, for many reasons, do not have birth certificates that agree with their gender.  Depending on where you are born, you may be able to change your birth certificate simply by filling out a form (no documentation or surgery requirement), by providing evidence that you are undergoing treatment for Gender Identity Disorder, by proof of certain surgical procedures, or, in some cases (such as if you are born in Ohio), not at all.  Thus, this can place people in not only bad, but dangerous situations of being forced to use a facility that doesn’t match one’s gender expression.

As a result of this discrimination by the venue, I wrote a long document near the end of July addressed to others on the Autreat planning committee (see this PDF: The Right to Pee) about my concerns.  I sent it after Autreat 2012 (we couldn’t move Autreat when this was discovered immediately prior to Autreat 2012, so I held off on the formal presentation of my concerns until after Autreat 2012).  The document includes documentation about the decision by the University, responses to questions I predicted people would have about the policy, and samples of good policies (such as the guidance issued by the NCAA, a group that knows a lot about single-gender activities and facilities usage, particularly in the context of college campuses).  I’m publishing it here primarily so that people can get ideas for their own advocacy and also to understand the problem surrounding the University’s statements (which are too numerous to go into here).  I’m also publishing it because Johnstown, Pennsylvania continues to be a hot spot for discrimination against trans people, unfortunately – I suspect in part due to the University of Pittsburgh normalizing discrimination.

A few months after I wrote about U. Pitt’s discrimination to the committee, the University of Pittsburgh in Johnstown still had not made an offer that accommodated Autreat’s dates and other needs to host Autreat, so the gender identity discrimination issue became somewhat moot at that point (the end of November) and a venue search was then begun.  Unfortunately my document and/or it’s presentation to the committee was insufficient by themselves to persuade the committee to begin the search immediately (it did trigger the creation of an ad-hoc committee, which over a year later still hasn’t produced any recommendations and is probably moot now with the Autreat re-organization), so the search was started at the end of November rather than earlier.  That’s a common problem – it’s hard to convince people that discrimination exists, and it’s even harder for even good people to challenge the status quo in areas that don’t fit with their own personal experience.

It was obviously a relief that a different venue was chosen for Autreat 2013.  AFAIK, California University of Pennsylvania does not have any official policy (or interpretation) that would lend itself towards discrimination.  Nor do I know of any trans discrimination issues recently in California, PA.

The PDF document linked above (as “The Right to Pee”) still basically applies to the University of Pittsburgh (all campuses), with a couple of caveats due to changing circumstances.  First, trans students are now supposedly allowed to use bathrooms corresponding to their identity, on the basis of statements made on a “Student Life” page on the U Pitt website:

“The University has agreed, prior to the finding, to allow people to use the bathrooms with which they identify,” Frietsche said, citing a statement posted May 21 on the Pitt web site’s “single use restrooms on campus” page (www.studentaffairs.pitt.edu/lgbtqa/singleuserestrooms) that lists the locations of non-gender-specific restrooms on campus.

It states, in part: “The University trusts that members of the campus community and their guests will exercise sound judgment and discretion when accessing and using the restrooms.”

Frietsche, quoted above, is a lawyer for the Women’s Law Project, a group helping represent the campus LGBT group in a complaint against the school over the problematic policy (the above quote was from a University Times article).  However, it’s unclear whether or not “sound judgement and discretion” is the same thing as “allowed to use the bathroom that corresponds to your gender expression.”  The terse and strangely worded statement also leaves many questions unanswered – can a transwoman take a PE class offered to women?  Which locker room is she supposed to use?  Which dorm?  And since this new “policy” is listed only on a site that is specific to one campus, on a page that lists where single-occupancy bathrooms are located on the main Pittsburgh campus, does it apply to other campuses, like Johnstown?

The bathroom policy changed to the current “sound judgement and discretion” standard only in response to a legal complaint by the Pittsburgh campus LGBT group. The University seems to be losing in this (thus far, their motions to dismiss the complaint on have been denied, and the parties were ordered into the current phase). However, that complaint was made to the City of Pittsburgh (which has strong non-discrimination law), and it’s unclear how much influence the City of Pittsburgh would have on a campus located in, say, Johnstown, PA.  After all, unlike most places in the US northeast, there are no protections in Johnstown (or most Pennsylvania communities) for trans people – for instance, it is perfectly legal to refuse a trans person service in a restaurant simply because you don’t like their gender identity or you think it’s a sin and you don’t want to “enable sin.”

The complaint is currently in a reconciliation phase where the two parties are to try to come to an agreement that is mutually satisfying, according to the process for complaints made to Pittsburgh’s Human Relations Commission.  If the parties can’t agree (likely), it will go back to the City of Pittsburgh (and, likely, be appealed to state court by whichever side loses).

Other than this, the situation essentially remains as described in the document.  Trans people still don’t have real rights on the U Pitt campuses, with the possible exception of being allowed to use bathrooms (if the school agrees it was sound judgement) and even then possibly only in Pittsburgh.

So, back to why I care – a significant number of autistic people are trans, and it’s simply not possible to have an autistic event without considering the venue’s attitude towards trans people (or, put another way, whether they have simple respect for people). Learning about this also opened my eyes to how easy it is to unknowingly participate in furthering discrimination against trans people (Autreat certainly didn’t know Johnstown was discriminatory when we signed the contract to have Autreat there, and a lack of prior preparation through policy and procedure caused significant delays when trying to figure out what to do about it).  So it’s importance to be careful and do research, and for those of us who have learned about this to speak up when we see gender identity or expression discrimination.  It’s also important to think through these issues so you aren’t learning after there is a problem, but you learn and prepare ahead of time (that said, this shouldn’t be hard: people leaving others alone in the bathroom should also be left alone – duh – how hard is this to figure out?). As I researched this particular issue, it was pretty clear that trans people routinely face discrimination in all areas of their lives and that the fight for trans rights is – as Vice President Joe Biden phrased it – the civil rights issue of our times.  I’d like to be on the right side of history and to be able to tell the next generation, “I did my part.”

That’s why I care.

Bookmark the permalink.

Comments are closed.