It's an old saw: where you stand depends on where you sit. But like so many cliches, it is born of certain basic truths. Case in point: I have leaned to the right, using the conventional and highly-imprecise left-right axis of American politics, my entire life. I have never felt any particular affinity for any political party, particularly the two major parties, as they both seem to want entirely too much control over my personal life for my taste. And government interventions are something I think happen entirely too often, at least for my tastes.
Then I realized I was transgendered, and there's a piece of legislation that bears on my situation pretty directly: the Employment Non-Discrimination Act. ENDA would, under its original form, make it illegal to discriminate against people based on their sexual preference or identity. I say under its original form because the current bill would only protect gays, lesbians, and bisexuals, leaving us oddball transgendered persons out in the cold. Congressman Barney Frank, one of the leaders behind the bill, says the bill just doesn't have the votes with transgendered persons included, and so it appears that it will come to the floor without us. E.J. Graff explains why that's a problem far better than I ever could.
It will come as no surprise to most people to learn that gays, lesbians, bisexuals and transgendered persons all face this kind of thing not infrequently. I can certainly sympathize with the discomfort people might feel specifically with me while I transition, once I do; it's tough when Joe becomes Jane or vice versa, no matter how much you may care about that person or how open-minded you are. But I don't think anyone ought to be fired because I'm changing my physical form to better match my identity, unless it raises an issue of the person no longer being able to do their job. Although it's hard to think of many places where this would, in fact, be an issue.
Of course, it is the case in my current line of work, since the military still bars women from service in the combat arms. (Ha, ha, she laughed...or so they think!) Of course, I could easily transfer to a branch that does permit females, to avoid that particular problem, except that the U.S. military bars anyone transgendered from service. Indeed, the military's concerns with simply defined gender extends so far that you cannot serve even if you have already transitioned, or if you simply had the misfortune to have an abnormality of the genitalia that was corrected when you were a child. In any case, as long as I am serving, transition must remain a pipe dream, as being transgendered is considered a disorder worthy of throwing people out of the service.
Still, once I leave the service, I would like to be able to find a job and not have to worry about losing it when I do begin my transition. So this bill strikes to my very core, especially since transition is not cheap and I'm going to need a source of income to cover its not-inconsiderable costs.
Conversely, while I am not remotely sympathetic to the arguments of those who claim that being transgendered somehow offends their religious or moral sensibilities, I do have some sympathy for those who cite the first amendment to the Constitution, which states that "Congress shall make no law respecting [...] the right of the people peaceably to assemble". If you run a business and choose not to hire or do business with certain people, it seems to me that falls under that amendment, even if I think you're morally reprehensible for doing so. That is a pretty basic freedom, after all, and removing it from people should not be a small thing.
I'm running out of hands here, but I think this is a complex issue. Making employment and service protected by the first amendment would mean that a large number of civil rights issues might be still worse today than they already are. I would not care to live in the America of the 1950s, where blacks might be beaten or killed for the 'crime' of wanting to be able to use the same restrooms and sit at the same counters as whites. And refusing to give someone a job simply because of their color or gender or identity strikes me as not just stupid, but wrong.
Of course, it is easy for me to say all that when I am now the one likely to face that kind of discrimination. Am I just rationalizing? I don't believe so; but I never really examined the issue in depth before. I tend towards pragmatism when possible, and there seemed little point in arguing a constitutional point when the courts had already decided it wouldn't apply. Not to mention the unpleasant fact of American politics: if your politics are seen as in any way right-wing, there are plenty of people who will seek out every opportunity to brand you as racist.
Now, however, the question seems more relevant, because it stands to benefit me directly. If the the more expansive version of ENDA passes, I can leave the military and find a job without having to fear that I'll lose it when I start to transition. This bill therefore has the potential to have a pretty big effect on my life. It therefore seems only right that I take a closer look at whether or not it is justifiable before supporting or opposing it. Not that I really expect my support or lack thereof to make a difference, but it is the principle of the thing.
Does freedom of assembly include the right to hire or serve whomever you choose? It seems to me that it does; while the act seems more likely to have been included to protect people who came together for political purposes, telling a person that they have to hire or serve someone they don't want anything to do with, no matter how disgusting that desire may be, is a pretty major restriction on their freedom. And yet...there seems something profoundly wrong about allowing businesses to simply tell people they won't accept their business because of who they are.
Ultimately, I think the problem I run into with this is a problem that many of us have with the law in general. The law very often doesn't lead where we want it to go. When that happens, there are many options, but it seems to me that more and more often the one we choose is to somehow alter the law, either via legislation or through jurisprudence, to make its outcomes fit with our particular ideal of justice. This falls under that rubric: it is clear to me that it is wrong to discriminate on the basic of things people cannot control, such as gender, ethnicity, or sexual preference. But there are a lot of things that are wrong that are not and should not be illegal. I'm not prepared to say this is one of those, but as I noted above, it's hard to be certain of my motives given my position. It is a difficult question.
I urge those of you who don't necessarily have the same conflict of interest to take a look at the issue and draw your own conclusions.