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Sexual Orientation Policy Tally

The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.

Gender Identity Policy Tally

“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.

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National TV Ad Depicting Transgender Discrimination to Premiere During Republican National Convention

Washington, D.C., July 11, 2016A groundbreaking ad depicting the challenges faced by transgender people in accessing public restrooms—and highlighting the lack of state and federal nondiscrimination protections for transgender people—will have its national television debut on FOX News Channel next Thursday, July 21, during the final night of the Republican National Convention in Cleveland, Ohio. The ad will air nationwide again on MSNBC during the Democratic National Convention in Philadelphia one week later.

The 60-second ad, which will be seen all across the country, features a transgender woman from North Carolina, where HB2 passed earlier this year. HB2 makes it illegal for transgender people to use restrooms in public buildings that match the gender they live every day, making them susceptible to even higher levels of harassment and violence.

The ad can be viewed now at www.FairnessUSA.org.

The growing national conversation about transgender people comes at a watershed moment. More than 200 bills targeting lesbian, gay, bisexual and transgender (LGBT) people were introduced in dozens of states during the 2016 legislative session. Many of these bills were intended specifically to harm transgender people.

The presumptive Republican presidential nominee, Donald Trump, has offered varying opinions on the issue of transgender rights, but stated that HB2 has caused “a lot of problems” and that transgender people should “use the bathroom they feel is appropriate,” adding that this policy has worked well for years. Texas Sen. Ted Cruz ran glaringly anti-transgender campaign ads, only to see his presidential campaign plummet shortly afterwards.

However, Rep. Ileana Ros-Lehtinen of Florida and Sen. Rob Portman of Ohio—both of whom have children who are transgender or gay—are among a growing number of elected Republicans who strongly support protecting LGBT people from discrimination. On Friday, Republican Gov. Charlie Baker of Massachusetts signed into law a bill that ensures explicit protections for transgender people in public places, including restrooms. That bill passed the legislature with overwhelming bipartisan support earlier this summer, and Baker had previously indicated that he would sign it.

“Transgender people desperately need laws that protect us from being unfairly fired from our jobs, kicked out of our homes, and denied access to public bathrooms, just because of who we are,” said Mara Keisling, Executive Director of the National Center for Transgender Equality. “Our newly released survey data shows that 59 percent of transgender people avoided bathrooms in the last year out of fear of harassment. A shocking one in ten (12%) transgender people reported being harassed, attacked, or sexually assaulted in a bathroom, and one third avoided drinking or eating so that they did not need to use the restroom. Eight percent have had medical problems like urinary or kidney infections from avoiding the restroom.”

“Most Americans want to do the right thing, but they have never met a transgender person, so they have misconceptions,” said Ineke Mushovic, Executive Director of the Movement Advancement Project, which developed the ad. “This ad cuts through the political rhetoric and simply asks people to consider the serious challenges and discrimination faced by transgender people—discrimination that is still legal in most states.” The Movement Advancement Project released a policy report today providing a fact-based analysis of restroom access, nondiscrimination laws, and restrictive bathroom laws such as North Carolina’s HB2.

"Around the country, LGBT Americans continue to fall victim to attacks and discrimination, in our lives and at every level of government. That is especially true for transgender Americans, who are being singled out and targeted by legislators for exclusion from public places and facilities," said Matt McTighe, executive director of Freedom for All Americans Education Fund. "Transgender equality is about human dignity and respect for all people. No one should be banned from something as basic as using the restroom. We hope this ad helps educate the millions of Americans watching the conventions and anyone who has not yet had an opportunity to meet and get to know a transgender person."

The ad was funded by Fairness USA, a partnership led by the Freedom for All Americans Education Fund, the Movement Advancement Project, the National Center for Transgender Equality, and the Equality Ohio Education Fund, with support from the Equality Federation Institute, the Human Rights Campaign Foundation, and the National Center for Lesbian Rights.

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Media Contacts:
Angela Dallara
Freedom for All Americans
646.430.3925
angela@freedomforallamericans.org

Calla Rongerude
Movement Advancement Project
415.205.2420
calla@lgbtmap.org

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