Passing Privilege and Maine Politics

Last week, Jennifer Finney Boylan spoke to the Maine legislature over gender inclusion in Maine’s non discrimination laws. She writes:

Yesterday, I spoke to the Maine legislature’s Judiciary committee. A bill has been proposed to “exempt” transgender people from protections under the Maine Human Rights Act, which went into effect six years ago. Currently, Maine protects GLBT people from discrimination, and this includes a so called “public accommodations” provision of the very sort that was, in part, the deal breaker in the Maryland law that was shelved last week. (Although I should make it clear that the Maine law has been on the books for six years without problem, and the proposed legislation is to REMOVE the protection for trans people; Maryland currently has no such provisions and the shelved legislation would have put these protections into place.)

She made some lovely remarks to the Maine legislature’s judiciary committee, which she’s reprinted in full on her blog, but the issue that comes up is that of passing privilege: how people are more than ready to have trans people who pass in their transitioned gender protected and welcomed in gender-specific spaces, but that the people who don’t pass are suspect.

That’s obviously a problem, since it’s exactly the trans people (and cis people, for that matter) who don’t have “acceptable” or culturally legible genders that need the protection most. No one asks for anyone’s ID on the way into a public bathroom after all; we are carded by our gender expression, and if our gender isnt normative, there’s often trouble, whether the person is trans, butch or some other gender that doesn’t stick closely enough to “man” or “woman”.

A quick thanks to Boylan for the heads up and for speaking up, too.