Invoking its power to legislate for the public safety,
health, and general welfare of the county’s residents, the Miami-Dade County Commission has approved, by an 8-3
vote, an ordinance that bans discrimination against transgender and gender
non-conforming people.
The
commission voted on December 2, 2014, for the measure, which expands the
county's law that prohibits discrimination in housing, employment, and public accommodations
to also include transgendered people and discrimination based on gender
identity or gender expression. The law already bans discrimination based on other
categories, such as gender, religion, race, ethnicity, and sexual orientation.
"Transgender
people need that protection because there is such gross misinformation out
there," said Commissioner Sally Heyman, who supported the ordinance.
“Gender
identity” is defined in the new law as “a person's innate, deeply felt
psychological identification as a man, woman or some other gender, which may or
may not correspond to the sex assigned to them at birth (e.g., the sex listed
on their birth certificate).”
“Gender expression” is defined as “all of the external characteristics and behaviors that are socially defined as either masculine or feminine, such as dress, grooming, mannerisms, speech patterns and social interactions. Social or cultural norms can vary widely and some characteristics that may be accepted as masculine, feminine or neutral in one culture may not be assessed similarly in another.”
“Gender expression” is defined as “all of the external characteristics and behaviors that are socially defined as either masculine or feminine, such as dress, grooming, mannerisms, speech patterns and social interactions. Social or cultural norms can vary widely and some characteristics that may be accepted as masculine, feminine or neutral in one culture may not be assessed similarly in another.”
The
new ordinance provides limited exemptions from the reach of some of its
prohibition against unlawful housing practices in sales or rentals to religious
organizations, housing for older persons, and lodgings operated by private
clubs not in fact open to the public.
A 2011
study by the National Center for Transgender
Equality and the National Gay and Lesbian Task Force found that the combination of anti-transgender bias and
persistent structural racism throughout the United States was especially
devastating for transgender people of color
Miami-Dade
is one of more than 20 Florida municipalities – including the cities of Gainesville,
Tampa, Miami Beach, and Key West -- to enact such a measure. The Miami-Dade HIV/AIDS Partnership estimates that
there are between 5,020 and 20,080 transgender people living in Miami-Dade
County.
The new ordinance will be enforced by the Miami-Dade
Commission on Human Rights (“Human Rights Commission”), which already has jurisdiction
to hear complaints of discrimination in employment, family leave, public
accommodations, credit and financing practices, and housing accommodations
because of race, color, religion, ancestry, national origin, sex, pregnancy,
age, disability, marital status, familial status, sexual orientation, and
source of income.
Neither the federal nor the State of Florida’s civil
rights laws extend similar protections based on gender identity or gender
expression in the areas of employment, housing, or public accommodations.
Opponents
of the new law argued that the expanded law would erase the privacy barriers
between men and women in bathrooms, dressing rooms, and locker rooms.
The
newly enacted ordinance does not contain any specific language regarding which
bathroom – men’s or women’s – transgender people should be allowed to use.
After the vote, Tony Lima, executive
director of the LGBT (lesbian, gay, bisexual, and transgender) rights group
SAVE, said he thinks there’s a “good chance” that opponents will try to challenge
the ordinance with a ballot measure at a future county-wide election.
The text of the ordinance is
available online here:
http://www.miamidade.gov/govaction/matter.asp?matter=141932&file=true&yearFolder=Y2014
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