>>> Source: NY Daily News
>>> Author: Jonathan Capehart
>>> URL: http://www.nydailynews.com/news/col/story/42404p-39978c.html
>>> Date: Dec. 10, 2002
>>> Location: NY, US
>>> Item: Editorial
>>> Title: New twist in old gay rights debate

The gay community has been abuzz with talk that state Sen. Tom Duane
(D-Manhattan) is trying to kill the Sexual Orientation
Non-Discrimination Act. That's right. A champion of gay rights
potentially standing in the way of gay rights.

There's even an E-mail making the rounds reading "Stop Tom Duane!" The
content of the E-mail may be over the top, but the concern it expresses
is right on the money.

Duane's liberal/gay/lesbian constituency has at least one more faction
you might not have figured on: the transgendered.

The nondiscrimination legislation has been knocking around Albany for
more than 30 years. It would add sexual orientation to the state's human
rights law and protect gays from discrimination in employment, housing
and education. It is thisclose to becoming law. But the delicate deal
devised to ensure its passage could collapse - thanks to Duane.

He should know better. Duane is openly gay. He's even a sponsor of the
bill. So what's his deal?

Duane says he's fighting like mad "for inclusive language" that would
add transgendered people to those protected by the law. It's estimated
that the transgendered - from transsexuals to those who live as the
opposite gender to those whose behavior doesn't conform to traditional
gender roles - comprise up to 1% of the population, according to Gender
Education and Advocacy.

The deal worked out between state Senate Majority Leader Joe Bruno and
the Empire State Pride Agenda is that the act would be voted on without
amendments when the Senate comes back in special session Tuesday -
something Bruno reiterated at a press conference yesterday. It would be
the same bill the Assembly passed - as it has every year for the last
10. Gov. Pataki, who has long supported the bill and gently nudged Bruno
in the right direction, will sign the bill.

But if Duane is successful in getting the Senate to pass the act with
his transgender amendment, the bill would have to go back to the
Assembly. And that's when all hell could break loose.

First of all, the Assembly won't be around to sign an amended bill. In
addition, socially conservative members and homophobic legislators might
seize the opportunity to try to add anti-gay language to the measure -
something along the lines of the Defense of Marriage Act that 37 states
and the federal government have enacted, which defines marriage as being
only between a man and a woman. Not a price worth paying.

Albany could delay the bill further because the addition of transgender
is so controversial. While legislators have been educated in gay issues
over these past 30 years, there has been no similar enlightenment in
Albany on transgender issues. The movement, such as it is, is in its
infancy.

And let's be honest: Transgender issues are difficult for most people to
understand. Even in Albany - where they have no problem passing complex
budget bills with only a few minutes' review - the notion of extending
protection to men and women who feel they were born the wrong gender
would be hard to grasp.

Duane and his gay constituents already are protected by the city's human
rights law. The transgendered, too. The senator's fight puts the
protection of gays and lesbians throughout the state at risk.

"I'm not trying to stop SONDA," he said recently. "What have I been in
office for? It's been a part of my platform."

But the eleventh-hour amendment could undermine that platform. That's
why Duane should put off his transgender activism until after the bill
is passed. Untold numbers of gays and lesbians around the state need
legal protection. It's long overdue.

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