*** ATTENTION TRANSGENDER SERVICE MEMBERS ***

IT IS NOT SAFE TO COME OUT IN THE MILITARY

As you know, Congress may repeal "Don't Ask, Don't Tell" (DADT) soon. But you should remember two things: 1) even if Congress votes to repeal the law, actual repeal is contingent on the Department of Defense (DoD) and the President taking some additional steps to finalize the change;  and 2) DADT only applies to service members who are gay, lesbian or bisexual—not to transgender service members.  Even if DADT is repealed, you can still be discharged for being transgender.

The military can discharge you for being transgender in two ways:

• You may be considered medically unfit because of Gender Identity Disorder;
• You may be considered medically unfit if you have had genital surgery.

Transgender people are sometimes impacted by “Don’t Ask, Don’t Tell”:

Even though DADT doesn’t directly apply to you, transgender people have been discharged under DADT in the past and will continue to be until it is repealed. Investigators may not know the difference between sexual orientation and gender identity. If you are serving as a woman, but wear men’s clothing or have a masculine appearance, military investigators may assume that you are a lesbian; likewise, if you are serving as a male, but wear women’s clothing or have a feminine appearance, investigators may believe that you are gay.

Transgender people are also impacted by other rules and regulations:

It can be considered prejudicial to good order and discipline to act or dress in ways that don’t meet stereotypes of men and women. For example, service members can be court-martialed for cross-dressing.

There is also a duty to report any change in your medical status.  If, for example, you take hormones, or if you have top surgery, there is a duty to report that “change in medical status” to the military.  That information could lead to your discharge for being transgender.

Warning about talking to medical professionals and chaplains:

You should also be aware that DoD recently made changes to "Don't Ask, Don't Tell" that allow lesbian, gay and bisexual service members to make confidential statements about their sexual orientation to mental health, medical and religious professionals. These protections, unfortunately, do not apply to you. It is not safe to reveal that you are transgender or that you have questions about whether you may be transgender.

Remember:

• Service members should NOT come out as transgender[1].
• Transgender service members still cannot openly serve within the military.
• Transgender service members will still be discharged under "Don't Ask, Don't Tell" until the law is repealed, even though it doesn’t directly apply.
• You should not share information or questions about your gender identity with medical doctors, psychologists or chaplains [2].
• Contact SLDN to schedule an appointment with an SLDN attorney if you have questions about your status.

What we’re doing about it

Because Congress created a separate law, “Don’t Ask, Don’t Tell,” that singles out service members who are gay, lesbian or bisexual, it is important to remember that work on repealing that law is important but different than the work being done to address the right of transgender people to serve openly. The military will need to update its understanding of the medical and mental health treatment of transgender people before you can be open about your gender identity.

Both of our organizations will continue to work until all LGBT service members, including transgender people, can serve openly, without fear of discrimination or discharge because of their gender identity or sexual orientation.

As you know, changing military policy takes time. We are building the arguments—based on modern medicine and mental health care—to address the wrong and outdated way that the military considers transgender people as unfit to serve and strategizing about ways to address the military’s policy of discrimination.
SLDN continues to provide much-needed legal services to transgender people caught up in DADT or being discharged because of their transgender identity.  If you need help, call 202-328-3244 x100 or email legal@sldn.org to schedule an appointment with an SLDN attorney. If you have concerns about your status, please contact them right away.

We know that this situation is unfair and wrong and we will keep working to change it. But until those changes come down the road, we want you and your family to be safe.

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HUD Takes Action to End Housing Discrimination Against Transgender People
New guidance issued today by HUD

(Washington, DC, July 1, 2010) Today the U.S. Department of Housing and Urban Development (HUD) provided new guidance on the Fair Housing Act, instructing HUD staff that discrimination against transgender people can be addressed under the existing federal law’s ban on gender discrimination. The new policy offers additional help to transgender people who experience discrimination.

“Ending discrimination in housing is absolutely vital. Everyone deserves to have a safe home where they do not have to worry about eviction or harassment simply because of their gender identity,” noted Mara Keisling, the Executive Director of the National Center for Transgender Equality. “Many thanks to HUD Secretary Shaun Donovan, his department, and the President Obama for their leadership working to ensure fairness in housing for LGBT people and for this important step forward.”

While sexual orientation and gender identity are not specifically named in the Fair Housing Act, HUD notes that transgender people are often covered by the ban on gender discrimination, and that discrimination against lesbian, gay, and bisexual people may sometimes be covered by other aspects of the law. For example, discrimination against a gay man who has HIV, or is thought to have HIV, could be a violation of federal laws banning disability discrimination, while a woman who is discriminated against because she wears masculine clothing may be covered under the provisions that bar gender discrimination. In addition, HUD today re-stated its commitment to work actively with state and local jurisdictions that do include sexual orientation and gender identity in their laws to be sure that people are aware of their rights.

Last October, HUD announced a series of initiatives to address discrimination based on sexual orientation and gender identity in the country’s housing. These commitments included requiring all applicants for HUD grants to comply with state and local nondiscrimination laws, developing regulations to clarify the inclusion of LGBT families in HUD programs, and planning a groundbreaking national study of anti-LGBT housing discrimination.

Along with the new Fair Housing Act guidance, HUD launched a web page which provides information for Americans who may be experiencing housing discrimination and lists states which offer protections against discrimination based on sexual orientation and gender identity. The web page tells individuals how file a complaint with the federal government as well as with state agencies. 

Housing discrimination remains a dangerous and prevalent part of life for transgender people. In a survey that NCTE conducted last year with the National Gay and Lesbian Task Force, 19% of the respondents had been homeless because of their gender identity, a staggeringly high number.  While the work that HUD has done so far has been very important, much remains to be done. NCTE continues to call for the inclusion of gender identity and sexual orientation in the Fair Housing Act.  

If you have experienced housing discrimination or believe that you may be about to be discriminated against, we encourage you to call HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777 for assistance.

VICTORY: State Department Changes Passport Policy

(June 10, Washington, DC) Last night the US Department of State announced new guidelines for issuing passports to transgender people. Beginning today, applicants for a gender marker change on their passports will need to submit certification from a physician that they have received "appropriate clinical treatment" for gender transition. Most importantly, gender reassignment surgery is not required under the new policy.  

The new rules will also apply to changing a Consular Report of Birth Abroad (CRBA) for US citizens who were born outside of the United States.  CRBA’s are the equivalent of a birth certificate.

For years, NCTE has been advocating with the State Department to change their rules about gender markers on passports and CRBA’s.  Previously they had required proof of irreversible sex reassignment surgery before the gender marker could be changed, although there were exceptions for temporary, provisional passports to allow someone to travel for surgery.

NCTE and other advocates have stressed with the State Department that this policy unnecessarily called attention to transgender travelers whose appearance and gender marker were at odds. In some destinations, this had the potential to create an extremely dangerous situation when a traveler is outed as transgender in an unwelcoming environment or in the presence of prejudiced security personnel.

Fortunately, the new rules represent a significant advance in providing safe, humane and dignified treatment of transgender people.  There are details in the guidelines about what information a physician must provide and we will communicate those to you as soon as possible. However, the State Department notes that applicants will not need to supply any additional medical documentation and that there is no SRS requirement.

“We want to extend our thanks to the Obama Administration, and particularly to Secretary of State Hilary Clinton, for understanding the need for this change and then responding to make travel safer for transgender people,” commented Mara Keisling, Executive Director of NCTE.  “This shows how changes in government policy directly impact people’s lives, in this case, for the better.”

In the next few days, NCTE will be issuing a definitive resource that fully explains the new guidelines and outlines the ways in which transgender people can make changes to their passports and CRBAs.

Many people—from elected officials to LGBT advocates—have worked for years to change these policies and deserve credit and thanks. Particularly important work was done by Rep. Barney Frank as well as Rep. Steve Israel in the House of Representatives; Gays and Lesbians in Foreign Affairs Agencies (GLIFAA), which represents LGBT employees and their families working in foreign affairs offices for the US government; all of our allied LGBT organizations who have been committed to this work, including the Council for Global Equality, The Task Force, the National Center for Lesbian Rights, Lambda Legal, the Transgender Law Center and the Human Rights Campaign; and those working on medical policies, including the American Medical Association and the World Professional Association for Transgender Health (WPATH).

The full policy can be read on the State Department website.

Calling on all Trans People & Allies: Send your Resumes to Congress

(April 28, 2010) Are you or a friend looking for work? Do you only have a part-time or temporary job? Are you afraid of coming out at work and would like to have a job where you don't have to worry every day about being fired? Are you being harassed at work and wish you had a better job? If so, this important action is for you!!

Because we are in the final push to get ENDA passed in the House of Representatives, we are calling on transpeople to go look for work-at your member of Congress' office. We need you to demonstrate to Congress that we need jobs and we are determined to get them. Whether you are a carpenter or a physicist, a politician or a factory worker, ask them for a job and for your rights!

We've included a sample cover letter to send to your Congressional office that calls on your member of Congress to support your job search by supporting ENDA. Personalize the cover letter as you see fit, print out a copy of your résumé, and go down to your Representative's office that is closest to your home and hand it in.

Here are some tips:

• You can find out who your member of Congress is and where their offices are located at http://www.house.gov.
• You can find help on how to write a résumé and other job search tips at:
  • Out & Equal's CareerLink
  • Out for Work (for LGBT students)
  • Pride at Work (AFL-CIO)
• Congress is a formal white-collar institution, so put on the best business clothes that you have (for example, a suit, pantsuit or blouse and skirt) so you'll be taken seriously as a Congressional job applicant
• Print out your cover letter and résumé neatly
• If you absolutely can't travel to your Representative's district office, fax or e-mail your information.

Take your letter to your Representative's office whether or not they support ENDA-the purpose of this action is to demonstrate the need for jobs for transgender and other LGBT people. And, you might get work as well! We hope so.

Please also send a copy to NCTE and we will deliver the resumes and this important message to the White House and your state's Senators, asking for their active support in putting transgender people back to work.

We need your help NOW to reach every transperson who is unemployed or underemployed and ask them to take action. Will you please help us bring this message home to Congress?

We need people in each and every Congressional district in the country to demonstrate the urgency of ENDA for transgender, lesbian, gay and bisexual people.

With a trans unemployment rate twice the national average, we need Congress to act now.

And if you have a job, support those in our community who are out of work by calling your member of Congress right now and urging them to support ENDA, HR 3017.

CALLING YOUR MEMBERS OF CONGRESS

To let your members of Congress know how you feel about ENDA, call the Capitol Switchboard at 202.224.3121 and ask to speak to your Representative (have your zip code handy and they'll help identify your member of Congress).

When you are connected with your Representative's office, give your name and your city and then let them know:

I am calling in support of the Employment Non-Discrimination Act (H. R. 3017/S. 1584), which will protect lesbian, gay, bisexual and transgender people from job discrimination. No one deserves to be fired from their job because of who they are. Please vote yes for ENDA.

If you get voicemail, feel free to leave a message-the messages are listened to and count just as much as if you reach a staff member. You can call 24 hours a day, 7 days a week. If you've called in the past, no problem ... call again or write or visit. And if you really can't call tomorrow, call on a different day.

And please, forward this message to your friends, family members and allies.

WANT TO LEARN MORE?

There are many ideas about how you can take action on NCTE's ENDA webpage. Visit it today. The more we all do, the more likely we are to pass this vital legislation. It is up to us.

It's time to demand a vote on ENDA

(May 17, 2010) "We've worked and worked and gotten sufficient votes to make sure gender identity stays in the bill," said Mara Keisling, executive director of the National Center for Transgender Equality, "but the bill is not being prioritized."
Bay Windows, May 13, 2010

A fully-inclusive ENDA now has the votes to pass the House of Representatives. We believe that Congress has failed to prioritize this important LGBT bill and so, despite all of the education, despite the fact that the American public supports workplace equality, despite all of your efforts and ours-the bill is has not yet moved.

People around the country are taking action. Folks in California, please scroll down and see about the actions specifically happening in your state. A big push is underway and we urge you to take part.

We need each and every person to take action to get ENDA passed-whether you've been calling your member of Congress every week or whether this is your first action-please, please, please, call them now. We need every member of Congress to hear from constituents who want this bill to pass. For the first time that we're aware of, we're holding our own-and even surpassing-the right wing on phone calls. But that won't last unless we act; we're hearing that anti-LGBT form letters are starting to pour in. We must keep the pressure up.

Employment rights are simply basic rights. Further delays on ENDA are unacceptable. Transgender people's lives are in the balance because people must have jobs to live and support their families. Currently, there is no federal law giving us any job protections; under ENDA, we'll gain the rights to be free of harassment and discrimination. It's time to pass this bill.

Here's what we're asking you to do:

• Call your Representative by dialing the Capitol Switchboard at (202) 224-3121 and asking to be connected to their office. When you reach the office or their voice mail, tell them you support HR 3017 and ask them to pass it now, without amendments, and ask your member of Congress to call their leadership to bring ENDA up for a vote;
• Continue our direct action by taking your resume to your Representative's district office. Ask them to support you and to support a fully-inclusive ENDA;
• We're burning the midnight oil here and pulling out all the stops to pass ENDA. We need your financial support to help us keep the pressure on Congress. Any amount you can contribute will make a difference in this effort.

All of the work we've done to secure these votes shouldn't be wasted .... Let's get that vote to happen!

President Broadens Hospital Visitation Rights
Transgender people able to designate our visitors, decision makers

(April 16, 2010) In a very personally worded memo yesterday, President Obama instructed the Department of Health and Human Services (HHS) to ensure that all patients have a right to designate their visitors while they are in the hospital. This would apply to any hospital in the country that receives Medicare or Medicaid funding, which means it would impact the vast majority of US hospitals. The President also called for policies that would ban discrimination against visitors based on sexual orientation and gender identity, the first mention of gender identity ever in a Presidential memorandum.

This is a major step forward for the rights of patients to designate the people in their lives who they wish to be present with them during times of illness and to make critical health care decisions for them if they are unable to do so. It represents an important sign of respect for an individual's freedom to make their own choices about issues that matter most.

In his memorandum, after giving examples of people who had experienced discrimination in the past, the President remarked,

For all of these Americans, the failure to have their wishes respected concerning who may visit them or make medical decisions on their behalf has real consequences. It means that doctors and nurses do not always have the best information about patients' medications and medical histories ... that friends and ... certain family members are unable to serve as intermediaries to help communicate patients' needs. It means that a stressful and at times terrifying experience for patients is senselessly compounded by indignity and unfairness.

When the new rules are issued, people in same sex relationships will secure the ability to visit their partners-an important victory for gay, lesbian, and bisexual people. Transgender people will also benefit, regardless of sexual orientation, by the right to choose people in their lives who accept and understand their identities and are therefore best equipped to support them in times of need. Unfortunately, transgender people may still have family members who fail to respect the person's gender identity and may therefore make choices that would run counter to their wishes. By calling for a ban on discrimination based on gender identity and allowing individuals to choose whomever they wish to make decisions for them, the President is helping to ensure that transgender patients are treated with dignity and respect.

The President went on to call on HHS to deliver additional recommendations to him within the next 180 days about ways to "address hospital visitation, medical decisionmaking, or other health care issues that affect LGBT patients and their families." This policy won't go into immediate effect since new regulations will need to be drafted, but this is the first step of a process which will have a strong and positive impact on LGBT people.

NCTE wishes to extend our heartfelt thanks to President Obama for this groundbreaking step and for his leadership in ensuring that all Americans are able to have our loved ones at our side at the times we need them most.

Learn More

• You can read the full text of the President's memo on the LA Times blog
• And get more details from the New York Times: Obama Widens Medical Rights for Gay Partners

Health Care Reform Signed into Law
How will it impact transgender people?

(March 23, 2010: (Washington, DC) President Barack Obama today signed into law an historic bill designed to increase access to health care throughout the United States. NCTE applauds the healthcare reform bill's passage into law. Through this act, more people, including transgender people, will be able to afford health insurance, be covered by existing plans, and obtain the care they need.

The impact of this legislation will begin this year as insurance companies will be required to cover children with pre-existing conditions, dependent children can remain on their parents' health insurance until they are 26, lifetime caps on coverage will be lifted and Medicare recipients will find additional help in paying for prescription drugs.

Over the next few years, the healthcare reform law will ensure that millions of people in the United States can afford insurance coverage. The law will also subsidize insurance premiums to make insurance coverage affordable. Additionally, Medicaid will now cover every individual up to age 65 (families with or without children, pregnant women, adults without dependent children) with incomes up to 133% of the federal policy level.

NCTE strongly supports the expansion of coverage that this bill provides as well as the provisions that would decrease discrimination. We are, however, disappointed that some LGBT-specific proposals that were in the original House bill were dropped from the final version. We will continue to work to address the ways in which discrimination based on sexual orientation and gender identity leads to a disparity of health access in our country. There are, however, positive impacts that this legislation will have on transgender Americans.

WHAT THE LAW WILL DO FOR TRANSGENDER PEOPLE

The Health Care Reform law will impact transgender people through:

• Increased access to health insurance: Because of rampant workplace discrimination, transgender people are under- and unemployed at significant rates, with an incidence of poverty at more than twice the national average. The reform law's provisions that impact low-income Americans will provide new opportunities for many transgender people to access health insurance.
• Cannot be denied coverage or dropped: Also importantly, the healthcare reform law would prohibit insurance companies from dropping or denying coverage to individuals or their dependents because of their 1) pre-existing condition, 2) medical condition, 3) claims experience, 4) receipt of healthcare, 5) medical history, 6) genetic information, 7) disability, and 8) any other health-status related factor determined appropriate by the Secretary of Health and Human Services. This means that transgender people cannot be dropped or denied coverage by insurance companies because they are transgender or have received transition-related medical care. This is a huge leap forward for the transgender community. However, this provision does not affect insurance companies' exclusion of transition-related care.
• Ban on some forms of discrimination: Additionally, the law also forbids discrimination based on race, ethnicity, sex, age, and disability. If an individual experiences discrimination by a medical provider or organization, (s)he may seek remedies under existing statutes that protect the previously mentioned groups. Even though sexual orientation and gender identity and expression are not included in the anti-discrimination provision, current federal, state, and local anti-discrimination statutes that protect the LGBT community are still in force.

CONTINUED BARRIERS TO HEALTH CARE

Transgender people continue to face barriers to health care that we must continue to address:

• Discrimination and distrust: Transgender people suffer from multiple barriers to accessing affordable and quality healthcare, including extraordinarily high rates of discrimination from medical providers and organizations. Lambda Legal conducted a survey which found that 70% of transgender and gender-nonconforming respondents had experience some form of discrimination by medical practitioners. Because of this discrimination, transgender people mistrust medical professionals and put off necessary preventive care and treatment. This leads to additional complications and deteriorating health, and adds additional costs.
• Lack of insurance and denial of coverage: Because of discrimination in the workplace, there is a significant lack of insurance coverage within the transgender community. Even if they do have insurance, transgender people often times cannot access medically necessary care because insurance companies, Medicare and Medicaid explicitly exclude transition-related care. Additionally, many insurance companies refuse to cover transgender people at all. Some insurance companies do provide coverage to transgender people but deny claims citing that transition-related treatments can lead to other, unrelated health issues, even when there is no scientifically based link between them.

US Tax Court Rules in Favor of SRS Deduction

In a closely-watched case, the United States Tax Court overwhelmingly ruled on Tuesday in O'Donnabhain v. Commissioner of Internal Revenue that a transgender woman's medical expenses for hormone therapy and sex reassignment surgery were medically necessary and therefore tax-deductible under Federal law. After considering extensive medical evidence and testimony from leading medical experts, the court rejected an interpretation of the law that would consider transgender people's medical treatment different than all other medically necessary treatment recommended by major medical and psychological organizations.

"Finally, we have recognition from the courts of what transgender people and our medical providers have known all along-that transition related care is absolutely necessary health care for the wellbeing of many transgender people," said Mara Keisling, the Executive Director of the National Center for Transgender Equality. "Being able to deduct a portion of costly medical treatments will make it more affordable for transgender people to follow through with the care their doctors prescribe. For the IRS to treat transgender people and non-transgender people differently was discrimination, plain and simple, and now that has ended."

The court's decision does not mean that all medical treatments and procedures associated with gender transition will be tax-deductible. Like all other medical treatments, deductibility will be based on the medical necessity of the treatment as determined by qualified medical providers in accordance with recognized clinical standards of care. The court recognized, as have the American Medical Association, American Psychological Association and many others, based on overwhelming medical evidence, that transition-related health care is non-cosmetic, medically necessary healthcare.

The case stems from a decision by the IRS to reject Rhiannon O'Donnabhain's deduction of her expenses for sex reassignment surgery in 2001 from her federal income tax. The case went to trial in 2007. Ms. O'Donnabhain was represented by the Transgender Rights Project of Gay & Lesbian Advocates & Defenders (GLAD).

NCTE applauds GLAD's groundbreaking and powerful work and perseverance to win this important victory, and thanks Rhiannon O'Donnabhain for her willingness to stand up and challenge the inequity of the IRS's policies. Her courage and determination will have an impact on the health of transgender people around our country for many years to come.

Department of Justice Takes a Stand for Equality

The National Center for Transgender Equality praises the U.S. Department of Justice for joining a landmark federal lawsuit on behalf of a gender non-conforming middle school student who faced a two-year ordeal of harassment and abuse because of his gender expression.  The Department’s action last week marks the first time in a decade the US government has gone to court to combat discrimination based on gender expression.

In 2007 through 2009, Jacob L. of Mohawk, NY, endured an escalating pattern of verbal and physical abuse and threats throughout his seventh and eighth grade years. By the end of this time, Jacob was so fearful of his abusers that he stopped attending school. Shockingly, school officials had long been aware of the abuse but failed to intervene, not even following their own internal policies. Jacob was essentially denied an education by the school’s continual disregard for his safety, and transferred to another district. With the help of the New York Civil Liberties Union, Jacob filed suit last summer, alleging that the District violated his rights under the Constitution and the federal Title IX statute, which prohibits gender discrimination in education.

On January 14, Justice Department filed suit against the District on the behalf of the United States, seeking an injunction to force the district to take concrete and ongoing steps to prevent any other student from experiencing an ordeal like Jacob’s. The government’s suit recognizes and advances the nation’s strong interest in prevention discrimination based on gender stereotyping. According to recent surveys by the Gay, Lesbian, and Straight Education Network (GLSEN), nearly 90% of transgender middle and high school students have expressed have experienced harassment because of their gender expression, and two-thirds reported that they felt unsafe at school. These and numerous other surveys have shown that this victimization has harmful impacts on educational outcomes.

Mara Keisling, Executive Director of NCTE, commented, “Every young person in our nation is entitled to a public education in a safe environment. Yet evidence consistently shows that transgender and gender non-conforming students face persistent and widespread abuse in our schools, at a serious cost to their learning and their wellbeing.  This case can make a great difference for students in Mohawk Central School District. It also shows the need for legislation to require schools to take the kind of responsible preventive steps the Justice Department is seeking. There’s simply no excuse for tormenting a child like Jacob and preventing him from getting an education.”

NCTE looks forward to working with the Obama Administration to advance measures that will protect all the nation’s students from violence and discrimination.