Date: Sun, 29 Nov 1998 10:05:16 -0800 From: Clare Howell Subject: IYF - DOJ Announcement MEDIA ADVISORY - FOR IMMEDIATE RELEASE Editor: Clare Howell, clare@gpac.org WILL JUSTICE DEPARTMENT USE EXISTING LAWS TO PROTECT TRANSGENDER PEOPLE? ============================================ [Washington, D.C.: 29 Nov 98] U.S. DEPARTMENT OF Justice (DOJ) attorney Aaron Schuhan announced on 14 Nov 98 at NGLTF's Creating Change Conference in Pittsburgh that DOJ will consider using existing civil rights laws to take legal action against state and local governments that engage in dis- crimination against gay, lesbian, and transgender people. Current federal civil rights laws do not protect individuals from discrimination because of their sexual orientation. However, DOJ is now examining whether recent decisions concerning employment discrimination law under the Civil Rights Act of 1964 suggest a remedy for gay, lesbian, and trans- gender people who are discriminated against because they don't conform to gender-based stereotypes. Examples of gender-based stereotypes include: that women aren't aggressive, or that all men are exclusively attracted to women, or that everyone's sense of sexual identity matches their birth sex. In predicting what practical effects that DOJ's announcement will have for trans-people, transgender legal advisors are cautious. When asked what was behind DOJ's move, Dana Priesing replied, "It's impossible to say with certainity, but the motivating events likely include the fact that a number of commentators have suggested that federal civil rights laws against sex discrimination can be interpreted to bar discrimination based on gender stereotypes. Some legal cases (including Oncale v. Sundower Offshore Services) seem to support this idea. DOJ's announcement simply means it is going to examine these issues further." She said that if DOJ starts litigating some trans- gender discrimination cases, they would most likely choose those that had the best potential to set precedent. What followed from that would depend on results in court. Other trans-observers also expressed cautious optimism. Said Riki Anne Wilchins, Executive Director of GenderPAC, "Two years ago at National Gender Lobby Day, a dozen sitting Congress-members signed a letter to Janet Reno inviting DOJ to meet and discuss dis- crimination and hate crimes against the gender-different. From that letter came a meeting with their policy development staff. We understand that DOJ has discussed with several other organizations how gender-based discrimination might be handled under existing laws." ### Subscriptions. Please contact: Subscribe@Gpac.org For prior releases, check the GenderPAC website at: http://www.gpac.org (c) 1998 InYourFace GenderPAC's online news-only service for gender activism.