After a Chaotic Vote and Debate, a GENDA Setback
Posted by David Thorpe , June 08, 2010 at 8:43pm
Savino defended GENDA against the transphobic arguments of Diaz (below) and others
Despite an intelligent and passionate defense from Democratic Sen. Diane Savino, the New York State Senate Judiciary Committee voted 12 to 11 not to send the Gender Expression Nondiscrimination Act (GENDA) to the full Senate for a vote. All 11 Republicans on the committe voted no, and they were joined by Sen. Rev. Ruben Diaz Sr. (See the ‘yes’ and ‘no’ votes below)
Advocates were undeterred. “The arguments against GENDA were 17 minutes of pure transphobia,” said Housing Works Vice President for New York Advocacy and Public Policy terri smith-caronia, “but that’s nothing compared to the lifetime of discrimination transgender New Yorkers face. We have been fighting for GENDA for eight years, pushing the boulder up the hill of transphobia, and we’ll keep fighting. This is just a blip.”
Transgender Housing Works staffer Kiara St. James echoed those sentiments. “Sen. Diaz is hiding behind his ‘reverend’ title to deny people rights. I’m outraged. I’m fortunate to live in New York City but all transgender New Yorkers deserve protections.”
GENDA would prohibit discrimination in housing, employment, education and credit and other areas covered by New York State Human Rights Law. The bill has passed the State Assembly twice and it appeared that there were enough votes to pass it in the full Senate as well.
The bill’s sponsor, Sen. Tom Duane, said, “I’m angry. I’m angry because of the persistent illness of homophobia and transphobia in the New York State Senate.”
What sank the vote?
Several circumstances combined to create today’s GENDA setback. Democrats thought that Republican Andrew Lanza was prepared to move the bill out of committee even if he wasn’t committed to passing it. After the initial vote count, Sampson announced that the vote was 12 to 11 in favor of moving along the legislation. “I actually started clapping!” said smith-caronia. However, when the committee secretary announced the individual votes and that Lanza had voted ‘yes’, a Lanza staffer said that the ‘yes’ vote was incorrect and Lanza voted ‘no.’
Another problem was that there were only two Democrats present at the vote–Committee Chair John Sampson, who as chairperson is not allowed to comment on the bill, and Savino. Sampson publicly expressed concerned that Sen. Tom Duane, the bill’s sponsor, was not present to address committee members’ questions and concerns, especially regarding the use of restrooms by people who are transgender.
Sen. Duane said GENDA shouldn’t have gone through the Judiciary Committee. He told the New York Daily News), “The advocates wanted to go through a committee… I believe that we should have brought GENDA through Rules and brought it right to the floor so as to deny the right-wing fringe the ability to organize against GENDA with their lies and distortions.” It’s not clear which advocates were pushing for this strategy.
Sen. George Winner claimed that the Catholic League of Religious Charities and a sports club association had contacted him over concerns that their business could be affected if they were forced to allow transgender people to use gender-appropriate bathrooms. In a rambling speech Sen. Diaz took up Winner’s argument, adding that school children would be harmed by male teachers wearing dresses.
Savino gracefully parried both arguments, pointing out that transgender people already use gender-appropriate restrooms (whether Winner and Diaz know it or not) and that transgender teachers are already teaching in the New York City school system.
Not dead yet?
There is an outside chance that GENDA could still pass this session. Republican Ken Lavalle may have tried to salvage the legislation when he suggested that the bill’s sponsor pursue an amendment that address committee members concerns about restrooms, an idea initially proposed by Winner. Duane told the Update however, “there is no compromise on civil rights.” Another longshot outcome: Sampson sends GENDA to the Rules Committee despite the Judiciary defeat.
Yes votes (All Democrats)
John Sampson
George Onorato
Eric Schneiderman
Ruth Hassell-Thompson
Jeffrey Klein
Eric Adams
Pedro Espada
Neil Breslin
Martin Dilan
Diane Savino
Bill Perkins
No votes (All Republicans except for Diaz)
Michael Nozzolio
George Maziarz
John DeFrancisco
Rev. Ruben Diaz Sr
Dale Volker
Stephen Saland
Kenneth LaValle
John Bonacic
George Winner
Andrew Lanza
Michael Ranzenhofer
Vincent Leibell
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