I have been extremely critical of Barney Frank in the past. If he keeps this sort of thing up, I'll be delighted to sing his praises just as loudly.

But if an inclusive ENDA goes into law, such a lawsuit would not be necessary because the rescided offer would never take place. Hope he remembers that too when the time comes.

yikes. what do ya'all make of this (from the statement before the jump)?

"Judge Robinson's thoughtful decision, of course, extends beyond the case of Ms. Schroer and makes the strong point that a decision to rescind a job offer because someone has changed their sex clearly constitutes sex discrimination."

are my ears too sensitive, or does it sound like he might be setting himself up through this move to argue that ENDA does not need to be inclusive because transgender people are covered under existing sex discrimination protections? if this is the game he wants to play, we need to be watchful.

"The question now is whether or not you will appeal. I strongly urge you not to appeal."

I'm taking Barney at face value here. Still, this is a double-edged sword.

Certainly, the LOC *shouldn't* appeal - just like Eastern Airlines *shouldn't* have appealed when the District Court in the Northern Distrct of Illinois ruled in favor of Karen Ulane.

But, it did - and most of us know how that turned out. Clearly though, after the 7th Circuit decision, we all knew where we stood. Eastern never should have discriminated against Ulane, and LOC never should have discriminated against Diane Schroer. And, while I would wish that Schroer not have to deal with an appeal, I also have to recognize that, for purposes of finding out where we actually stand on the 'need' for a T-inclusive ENDA, it would be a good thing for this to get up to the DC Circuit and, from there, to the Supreme Court.

Writing a letter to LOC does not mean we have a new ally, on the contrary.

Does anyone remember Rev. Wright's comment on politicians do what politicians do?

I believe that Barney would like to take credit for equality for all, but being a politician, he doesn't really get it. He really does care, just not enough to understand what solidarity really means.

When are we going to take responsibility for our own future?

You may fall on one side or the other of this argument about Congressman Frank having learned something about Transgender people over the years, at least enough to represent a few of us. I understand and appreciate his letter to LOC regarding the Schroer case also.

But what do we really want as a community from Congressman Frank should be the question? Do we want him to send a letter like this to other members of congress to help educated them, while he himself is so inconsistent about his support? Case in point. On the same day that the letter to LOC was released, I note Frank’s statement to The Gay Military Times as follows:

“GMT: Now, although this is not actually part of the debate, in the interest of inclusion, what about Transgender service? Just in the past month a survey of transgender service members and veterans by Transgender American Veterans Association, analyzed by the Palm Center, revealed that they are being discriminated against, as if they were gay or lesbian, under DADT because the military often doesn't understand the difference.
BF: I think the rule is that people should not be discriminated against due to their gender identity. Now, I hope we will get a bill through on job discrimination. But we are not going to get through a bill on integrating people [in the military] with one set of sex organs to be identified as the other sex.”
Now, for all the GLB people out there getting ready to state how angry Trans activists get with Frank and how mean spirited we are about ENDA, I offer his answer from the Gay Military Times as the perfect example of why some of us get so incensed about his statements regarding Transgender people, and in this case, Transgender Veterans.
What he is essentially saying is that Diane Schroer, who was a transsexual before she was a hero both in and out of the military, should not have been in the military to begin with. That he is unwilling to fight for protections in legislation that allow Transgender people to serve their country.
The fact is that 85% of Transgender people in the military also are crossdressers who may be GLB and Straight. Like Peter Oiler, who was discovered and fired from Win-Dixie for dressing within the confines of his own home, they can also be sent home with dishonorable discharges after carriers in the military that are exemplary in every other way. Frank’s statement is saying that they don’t deserve protective legislation. He bases his statement on the fact that Transgender people in the military must be judged on their “sex organs” not their service or competency to do the job. He further implies that all Transgender people simply must not have a crisis of gender identity while serving and that if they do, they should not serve. This leaves any chance of those who do, taking a health related leave and being able to return later, after fixing their little “problem”.
When we see this much ignorance of our community coming from an icon of the GLBT community, who on one hand says no discrimination against us and on the other hand clearly judges our humanity, our career’s and even our patriotism based on what is between our legs, and our ability to shower with others, we see a conflict so deep seeded and based on ignorance of our issues, that we get pretty disturbed. And rightfully so! Having it come from such a well established figure in Congress, who happens to be a gay only makes the matter worse and rubs salt in the battle wounds of our veterans.
Even before ENDA took a breath or saw the light of day, Transgender Veterans were giving their lives in defense of our country alongside Gay, Lesbian, Bisexual and Straight Veterans. Christine Jourgenson did not invent transgender people, the Creator did, and we have fought in every U.S. military engagement since before the Boston Tea Party.
Why is it that Congressman Frank can see the merits of one Transgender Veteran as meaningful and then discredit the sacrifices of other Transgender Veterans? It is because after all these years, he still does not know or understand Transgender issues, and worse yet, he is willing to draw a line in the sand when it comes to protecting them from discrimination based on what is between their legs. He still doesn’t get it!!!!
As a Transgender Veteran of seven years in the US Army, who served as a Drill Instructor, I am well versed on how to instruct trainees. I would be more than happy to travel from Raleigh to DC do conduct a special Trans 101 for Congressman Frank sometime, with a class on the side thrown in on political consistency when advocating for minorities and a bonus class on how to remove one’s foot from one’s mouth in a military fashion.

I'm leery of posting my comment because I'm probably going to get a slap down.

I hear and understand the points of view expressed here. I really do. I also value the merits of having an open discussion where everyone has the opportunity to weigh in.

I don't think we get to a point of moving forward if we don't take the time to acknowledge forward movement. This is forward movement by the court and by Rep. Frank.

We'll be moving more towards a brighter future by remembering to praise positive behavior and reserving the scorn for bad behavior.

I'm reminded that public blogs are public and that anyone can read a public blog. Which means they can take away what they want from a blog and use it against your cause while you freely discuss and air the dirty laundry. It's a modern pitfall of blogs in general.

I know I read the opposition sites to get information on what they are doing and their strategies. I also get information as to the dynamics of that community. Maybe it's not representative of the whole, but blogs do provide a window to peer through.

I'll be taking the time to send Rep. Frank a short letter of thanks for time and effort he took to write to the Library of Congress. I'll take Rep. Frank's action on its face and hope that he will continue in the same direction.

Will I trust Rep. Frank in the future? I don't have the definitive crystal ball to answer that. Certainly I will be as skeptical of him as any other person. That's not a negative.

What I do know and should make sense is that it pays to say thanks when someone does something for you and to scold them when they do you wrong.