The Herald Bulletin

Afternoon Update

State News

February 7, 2010

Fort Wayne to consider transgender protections

FORT WAYNE, Ind. — Transgender residents in Fort Wayne could get new protections under a proposed amendment to the city's anti-discrimination ordinance.



Democratic city council member Karen Goldner is expected to introduce an amendment in the coming week aimed at preventing or punishing discrimination based on "gender identity."



Goldner said transgendered people and others with unconventional sexual identities are often victims of hate crimes.



"It can be very dangerous. You don't always see them around, because they're hiding," she said.



The council passed an ordinance in 2001 outlawing discrimination based on sexual orientation that, like gender identity, carries no legal sanctions. Because that bill was sponsored by Mayor Tom Henry — a councilman at the time — Goldner said she's optimistic Henry will sign the amendment if the council approves it.



However, because gender identity discrimination isn't covered under federal guidelines, the city's anti-discrimination agency could not punish that type of violation even if the council passes the proposed changes.



"But it would make a statement," Goldner said.



She said the Metropolitan Human Relations Commission could still investigate and attempt to mediate disputes involving alleged gender identity discrimination.



In 2006, Bloomington unanimously approved a measure adding protections for transgender people to the city's human rights ordinance. The Indianapolis City-County Council has approved similar protections.



Goldner said her gender identity amendment is intended to protect men and women who do not fit conventionally masculine or feminine expectations of appearance.



The amendment would not prevent employers from imposing sensible dress codes, she said.



Goldner will also introduce an ordinance barring discrimination based on genetic information — data that could be used, for example, to deny employment in order to hold down insurance costs if a person is deemed at genetic risk for certain diseases.



In addition to prohibiting discrimination, that proposal would limit conditions under which genetic material could be acquired or tested.



Goldner said her proposals have considerable community support and that she is optimistic of their passage.



Republican council members Liz Brown and Tom Smith aren't so sure.



Brown said she will vote against the proposal because genetic discrimination is already covered by federal law, and the provision against gender-identity discrimination couldn't be enforced. She also doubts that such discrimination is a major problem in Fort Wayne.



"I won't vote for anything that's unenforceable," Smith said. "This is quintessential feel-good legislation."

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