Argh… Amongst the wildly hectic world that is the lead up to Pride in Toronto, my mind keeps coming back to an issue that’s very popular in the Trans community right now - should Gender Identity be included as a protected ground in the Ontario Human Rights Code?

Now, for those of you who are not totally up on Trans rights and politics, transsexual and transgender people are one of a series of marginalized groups who are not specifically covered by the the Ontario Human Rights Code.   Instead, we’re protected under an OHRC policy interpretation that says that discrimination against a Trans or gender variant person is discrimination on the basis of sex.

The up side of inclusion:  

Having gender identity included in our Human Rights Act would send a clear message to everyone that Trans people are valued and discrimination against them wil not be tolerated.  Likewise, it will also be a meaningful sign to those who are struggling with GD and GID that society recognizes and values them, something that way too many Trans people continue to struggle with, particularly before they fully come to terms with their inner selves.  Oh, and we also can’t forget that specific inclusion would also help bolster our case for services and appropriate medical care.  These are all really great things and there are some wonderful people working towards making that a reality.  However…

The downside of inclusion: 

“Gender Identity” is a very specific term that applies to only a portion of the whole Trans community.  Crossdressers, gender queers and many other people are, by its very definition, totally excluded from this protection, leaving them feeling left behind or seeking protection under other grounds of the Act.  And what about people who identify as Two Spirit or those who come from cultures where the term Gender Identity has no meaning?

I was dumbfounded one day to find out that French language speakers (Canada’s other official language) have no word or concept for gender identity as most people would define it.  By pressing for its inclusion in our Human Rights Act, are we  forcing others to be defined by our narrow doctrines of what does or does not qualify as Trans? Is that not exactly what so many of us rail against every day?  Just to be ourselves?

I’m honestly not sure what the right answer is and the debate goes way beyond my space limitations here but in my soul, it is my belief that because of our history and struggles, we must accept the challenge to be inclusive of all and work hard not to marginalize those who have no voice because that’s what we ask for ourselves.