I would like to put forward a simple suggestion that would simplify the issue of a so-called inclusive ENDA. A provision should be added that would include the following provisions:
- Full non-discrimination protection would extend only to those who are legitimately transitioning to the other sex. That is, it would apply only to pre-op and post-op transsexuals. No so-called "non-ops" or other variants of transgender would receive full protection.
- Full protection would mean that they are allowed, for the purposes of the real life test, to present as the target sex, and with the exception of situations that involve inevitable nudity, would be accorded the full protection of the law.
- Anyone else would only be protected with regards to behavior that is not job related. That is, crossdressers would not be allowed to crossdress unless their employer has no problem with it. The same would apply to non-ops, and such. If you are not surgery tracked, you present as your birth sex if that is what your employer says.
- To prevent people from simply lying about their situation, the law would also include a provision stating that any and all health plans would have to include coverage for transsexual surgery. If a person does not complete such surgery within a reasonable period of time, and cannot present compelling evidence that there is a medical contradiction, and that they are actively making efforts to remedy the situation if possible (i.e. a diabetic who needs to lower their blood sugar) then they would be deemed to no longer be in transition and their level of legal protection would revert to that afforded crossdressers.
Of course, such a law would be controversial, and it would be vigorously opposed by the Religious Right...but it would do several things to end certain conflicts. It would eliminate the issue of how to deal with crossdressers. Under the current proposed law, they may not even receive this much protection since the law does not include "gender expression." And, it would serve to end the conflict between transsexuals and the rest. Transsexuals would be recognized as needing protection for their transition, and the rest would not be allowed to impose their behavior on people.
Yes, I realize it is probably a silly idea, but it does serve to prove a simple point. The gender fascists want to use transsexuals to get their way. They want to make people think that they simply want to protect people who have a medical issue and who want to correct what is, in effect, a birth defect. But, what they really want is protection for chosen behavior, which is something no law has ever done before. And no, don't give me the argument that protections for religion does that. That is simply absurd.
No, my proposal would expose them for the frauds that they are, as they would never accept such a law, even as they pretend it is really what they want,