Gender trouble

Bloomington has the opportunity to become the first city in Indiana to add "gender identity" to its list of protected categories. The city council announced that it will probably consider adding "gender identity" to the city's human rights ordinance next month. The BCC first considered it in 1993, when "sexual orientation" was added, but the discussion never went anywhere.\nMayor Mark Kruzan believes that instead of changing the ordinance, the Bloomington Human Rights Commission should simply make an "administrative interpretation" that would declare gender identity an extension of the category "sex," a move that has been upheld by the 6th U.S. Circuit Court of Appeals.\nKruzan's solution seems, on the surface, to be fine and well; however, there are a couple of underlying problems.\nThe first problem is that without the words "gender identity" appearing explicitly in the code, enforcement is vulnerable to government caprice. It relies on a good-faith agreement between the government, both present and future, and those affected by the proposed amendment. And if public opinion makes a vast shift, that agreement will disappear. Once it's written in, at least it's undeniably there.\nSecondly, refusing to write protection explicitly into the human rights ordinance reinforces the existence of the "gender closet." The mayor's proposed move says "gender identity is not an appropriate topic for public discussion." \nCurrently, there are no federal or state statutes protecting transgender individuals from discrimination. In fact, when Congress passed the Americans with Disabilities Act, it specifically excluded transgender individuals from protection. \nUnfortunately, city codes are largely without teeth and affect only those organizations that deal directly with the city. For some, it might seem that this fact makes the whole issue a moot point, but that is hardly the case.\nEven if it is difficult to enforce, perhaps the change will force employers to reconsider their hiring practices. In the words of the American Civil Liberties Union, "civil rights laws are valuable not only because they provide remedies when discrimination occurs but also because they discourage such discrimination from occurring at all." And isn't deterring unacceptable behaviors the reason we have laws in the first place?\nAdditionally, adopting a city-wide "gender identity" clause in the human rights code could be beneficial for the University. In a highly competitive situation, Bloomington's commitment to equality might mean the difference between a sought-after candidate choosing IUB or another similar university. It's a relatively cheap and easy way to give IU a recruitment advantage.\nMoreover, "gender identity" protects not only transgender individuals, but anyone who does not conform to someone else's understanding of the "right" way to "do" gender. It's a way to ensure that we all have the right to express our gender as we see fit.\nFinally, adding a specific "gender identity" clause is symbolic of Bloomington's commitment to equality. Although the aforementioned reasons are certainly salient, the best reason to add to gender identity to the list of protected categories is simply that it's the right thing to do.\nThat alone should be enough.