Justice Soon for Trans People?

InQueeries

For the April 28th, 2005 issue of Winnipeg’s Uptown newsmagazine

By Gilles Marchildon

Trans equality rights have been bubbling to the surface for a couple years. During the past month, the bubbles made more noticeable bursts through a Windsor factory worker, a banned Vancouver volunteer and 4 Ontario human rights complainants.

On March 29, The National Post reported on Lesley Morgan, a 48-year old resident of Windsor, Ontario, who recently quit her job at the Siemens VDO plant. Her reason: a “hate war”, as she describes, waged against her by an anonymous fellow worker.

Ms. Morgan, a post-operative transsexual, was required to use a special washroom – an insult in itself. Worse, that washroom was defaced with graffiti and urine. But when someone called her home and said, “Freaks go away, or you’ll need your health benefits,” she decided that was enough.

This type of harassment is unacceptable and should not be tolerated. Employers, unions and co-workers all have a role to play in educating people and helping create a work environment that is more trans-positive.

Unfortunately, even progressive-minded organizations like the feminist Vancouver Rape Relief (VRR) have a long way to go towards embracing trans people.

Kimberly Nixon, a victim of violence by a male partner, received support from a battered women’s group. In 1995, Nixon wanted to give back to the feminist anti-violence movement by volunteering at VRR. During the training, it was discovered that Nixon was a trans-woman and she was asked to leave.

Ms. Nixon then filed a human rights complaint against VRR, the first case involving a human rights complaint by a trans-identified person to go before a provincial court of appeal. In early April, the B.C. Court of Appeal heard arguments and a decision is expected before the end of the year.

Nixon eventually volunteered at two other women’s organizations. VRR is in a minority among B.C. women’s organizations in turning away a trans-woman.

Later in April, lawyers, lobby groups, unions, and trans people gathered at the Ontario Legislature to urge the Liberal Government to restore funding for Sex Reassignment Surgery (SRS). Since October, 1998, when the Provincial government removed funding for SRS, trans-identified people and their allies have fought for the re-listing of this service (as is the case in Alberta).

Dissatisfied by the political process, 4 trans individuals launched an Ontario Human Rights Commission complaint based on the idea that cutting funding is discriminatory. A lengthy series of hearings concluded April 19.

The following day, hundreds of postcards supporting re-listing of SRS were presented to the Premier of Ontario. After prodding in the Legislature, he pledged that if the Tribunal concluded that the cut is discriminatory, funding would be restored.

The Chief Commissioner of the Ontario Human Rights Commission, Keith Norton, has said that trans people, “an especially marginalized group,” have been subjected to systemic human rights violations both “varied and widespread across geographic and class boundaries.”

While the media continues to focus on equal marriage, we should not overlook the huge strides being made with respect to equality and justice for trans-identified individuals.