"(21) "Gender identity or expression" means a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth, which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, part of a person's core identity or not being asserted for an improper purpose. "When I first found out about the proposed amendment, I asked friends who were working on the legislation about how this would affect the community and I was told it would have no effect. After the bill was passed, I heard comments from friends about how awful the new law was because of the amendment, that it would require trans-people to carry around proof that they were transgender and it would hurt crossdressers the most. Because I value my friends’ judgments I became concerned, so I started asking around to lawyer friends that I know who were not involved with the legislation. They all had the same answers… that the amendment strengthens the bill. I asked a lawyer friend who is in family type law, I asked a friend in one of those big national law firms like in the “Good Wife” where all the offices are oak and glass, and the conference table is mahogany and I asked a lawyer friend who represents clients in cases against employers. What they all said was basically that when you file a discrimination claim you have to prove two things. First that you are a member of the protected class (if it was an age discrimination case you would have to prove that you are over 40.) or that the person thought that you are a member of the protected class (the employer thought that you were over 40.). The second thing that you have to prove is that you were discriminated against because of that status in the protected class. The amendment goes on to list some of the ways, but not all of the ways that you could prove a gender-related identity.
Their other concern was that the amendment required trans-people to carry proof that they are transgender. Well let’s step back a bit, if that section was not there and you were at a restaurant and had to go the bathroom like what happened in Maine at a Denny’s.
Five days after Brianna Freeman had used the women's restroom at Denny's restaurant in Auburn, she was beckoned by the manager. He asked to speak to her privately.She told the manager that she was trans and it was against the law, she also could have shown him paperwork from her doctor if she carried it. But she also could have done nothing at all and she still would have been able to file a complaint with the Maine Human Rights commission. Nowhere in the Connecticut amendment does it say anything about showing or telling your transgender status to prove your “gender-related identity” at the time of the discrimination in order to file a discrimination claim.
He told her that a customer had complained that she, a male, had used the restroom. He had talked to his supervisor, who talked to the company's vice president.
Because Freeman hadn't had a transsexual operation and wasn't considered a biological female, she had to use the men's room, they told her.
Freeman told him the restaurant was breaking the law by not allowing her, a transgendered person, to use the restroom at the public place.
Sun Journal
Want to find out more about the law? The Connecticut TransAdvocacy Coalition (CTAC), the Connecticut Women's Education and Legal Fund (CWEALF) and the Gay & Lesbian Advocates & Defenders (GLAD) are sponsoring a forum about the new law on Wednesday October 26th from 5:30PM to 6:30PM at the Legislative Office Building, Room 2E, 300 Capitol Avenue, Hartford, CT 06106. The guest speaker will be Sen. Beth Bye and the panelist will be Jennifer Levi from GLAD & Alix Simonetti from the CHRO.
Other blog posts on the amendment...
Bilerico - CT Passes Trans Rights Law, Filed By Dr. Jillian T. Weiss | June 04, 2011
Pam House Blend - Guest Post: The Definition Of “Gender Identity Or Expression” Included In The Connecticut Non-Discrimination Law, Guest post by: Jennifer L. Levi, Saturday September 10, 2011
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