Get the Facts About Senate Bill 212

By Equality Maryland


The General Assembly passed Senate Bill 212: The Fairness for All Marylanders Act last month. However, opponents of fairness are trying to misrepresent what this law does by producing large amounts of videos and buying YouTube views for them.. Take a moment to find out what this important law actually does.

FAQ’S ON SENATE BILL 212: THE FAIRNESS FOR ALL MARYLANDERS ACT OF 2014

What is the Fairness For All Marylanders Act?

What is the meaning of “gender identity” in this bill?

Why do we need this law?

How many transgender people are there in Maryland?

Is the Fairness For All Marylanders Act a radical change to the law?

Does this law mean that all public facilities will have to be open to anyone – regardless of gender or gender expression?

What exactly is a “public accommodation”?

How does the Fairness For All Marylanders Act apply to places of public accommodation?

Is this a “bathroom bill?” Does “public accommodation” just mean a restroom?

Where do transgender people use the restroom now, and how will that change under this law?

Does this mean that both men and women would be able to use any and every public bathroom, locker room, store dressing room, and shower in the state of Maryland?

Does this mean that men will be able to dress up as women and use the women’s room?

Under this law, will girls be exposed to male genitalia in the bathroom?

What exception was made for locker rooms and other “private facilities”?

Are schools covered by the “public accommodations” provision?

Does this mean schools will be unable to prevent men and boys from entering female locker rooms and will mean that men and boys will play on women’s and girls’ sports teams?

Will employers be able to establish dress codes?

Will this law infringe on freedom of conscience and religion?

Will this law allow lawsuits against someone who calls an individual ‘he’ instead of ‘she’?

 

What is the Fairness For All Marylanders Act?

The Fairness For All Marylanders Act is a new state law that updates Maryland’s existing Civil Rights Law to include protection on the basis of gender identity.

The existing Civil Rights Law of Maryland (codified in Title 20 of the State Government Article) prohibits discrimination on the basis of several protected classifications: race, sex, age, color, national origin, religion, marital status, sexual orientation, and disability. These are personal characteristics that most people agree should not be relevant to whether a person is allowed to have a job, or eat at a restaurant, or rent an apartment, or qualify for a credit card. So, the Civil Rights Law prohibits discrimination on the basis of those personal characteristics in the areas of employment, housing, credit and other licensed services, and places of public accommodation.

The Fairness For All Marylanders Act adds “gender identity” to that list of protected classifications. It prohibits discrimination on the basis of gender identity in employment, housing, credit and other licensed services, and places of public accommodation.

 

What is the meaning of “gender identity” in this bill?

“Gender identity,” means the “gender-related identity, appearance, expression, or behavior of a person, regardless of the person’s assigned sex at birth.”
The Act provides that a person’s gender identity may be demonstrated by the “consistent and uniform assertion” of their gender identity or any other evidence that the gender identity is “sincerely held as part of the person’s core identity.”

So, the Act’s definition of “gender identity” only includes an identity that is sincerely held as part of a person’s core identity.

This definition was proposed by Republican Senator Joseph Getty, and is consistent with the definition adopted in other states that have enacted gender identity protections, including Delaware, Connecticut, and Massachusetts.

Why do we need this law?

Everyone has a gender identity – an innate, core sense of oneself as male or female. But the people who are most in need of the protection of this law are people who are transgender. Transgender persons are people whose gender identity does not correspond with their sex assigned at birth. Many transgender people decide to transition – to live their lives in their true, authentic gender identity rather than the sex they were assigned at birth.

You may know some transgender people in your own life – your family, friends, co-workers, or neighbors. Or, you may know some transgender people who are in public life or on TV or in the news. Transgender people are just like everyone else: they want to be able to work, shop, eat dinner, and go home at night without the fear that someone will discriminate against them for who they are.

A study conducted in Maryland showed an astounding level of discrimination faced by transgender people:

  • 71% of transgender Marylanders reported experiencing harassment or mistreatment on the job because of their gender identity, and 42% experienced an adverse job action, like being fired, demoted, or denied a promotion
  • 17% of transgender Marylanders reported having been denied a home or apartment because of their gender identity, and 12% became homeless
  • 54% of transgender Marylanders reported having been verbally harassed or mistreated in a place of public accommodation such as a hotel or restaurant

 

It isn’t fair to discriminate against someone just because of who they are. It shouldn’t matter what your gender identity is for you …

FAQs for SB 212: The Fairness for All Marylanders Act

By Equality Maryland

FAQs ON SENATE BILL 212: THE FAIRNESS FOR ALL MARYLANDERS ACT OF 2014

Sign the Pledge to #StandForFairness for All Marylanders: http://bit.ly/StandForFairness

What is the Fairness For All Marylanders Act?

What is the meaning of “gender identity” in this bill?

Why do we need this law?

How many transgender people are there in Maryland?

Is the Fairness For All Marylanders Act a radical change to the law?

Does this law mean that all public facilities will have to be open to anyone – regardless of gender or gender expression?

What exactly is a “public accommodation”?

How does the Fairness For All Marylanders Act apply to places of public accommodation?

Is this a “bathroom bill?” Does “public accommodation” just mean a restroom?

Where do transgender people use the restroom now, and how will that change under this law?

Does this mean that both men and women would be able to use any and every public bathroom, locker room, store dressing room, and shower in the state of Maryland?

Does this mean that men will be able to dress up as women and use the women’s room?

Under this law, will girls be exposed to male genitalia in the bathroom?

What exception was made for locker rooms and other “private facilities”?

Are schools covered by the “public accommodations” provision?

Does this mean schools will be unable to prevent men and boys from entering female locker rooms and will mean that men and boys will play on women’s and girls’ sports teams?

Will employers be able to establish dress codes?

Will this law infringe on freedom of conscience and religion?

Will this law allow lawsuits against someone who calls an individual ‘he’ instead of ‘she’?

Sign the Pledge to #StandForFairness for All Marylanders: http://bit.ly/StandForFairness

 

What is the Fairness For All Marylanders Act?

The Fairness For All Marylanders Act is a new state law that updates Maryland’s existing Civil Rights Law to include protection on the basis of gender identity.

 

The existing Civil Rights Law of Maryland (codified in Title 20 of the State Government Article) prohibits discrimination on the basis of several protected classifications: race, sex, age, color, national origin, religion, marital status, sexual orientation, and disability. These are personal characteristics that most people agree should not be relevant to whether a person is allowed to have a job, or eat at a restaurant, or rent an apartment, or qualify for a credit card. So, the Civil Rights Law prohibits discrimination on the basis of those personal characteristics in the areas of employment, housing, credit and other licensed services, and places of public accommodation.

 

The Fairness For All Marylanders Act adds “gender identity” to that list of protected classifications. It prohibits discrimination on the basis of gender identity in employment, housing, credit and other licensed services, and places of public accommodation.

 

 

What is the meaning of “gender identity” in this bill?

“Gender identity,” means the “gender-related identity, appearance, expression, or behavior of a person, regardless of the person’s assigned sex at birth.”
The Act provides that a person’s gender identity may be demonstrated by the “consistent and uniform assertion” of their gender identity or any other evidence that the gender identity is “sincerely held as part of the person’s core identity.”

So, the Act’s definition of “gender identity” only includes an identity that is sincerely held as part of a person’s core identity.

 

This definition was proposed by Republican Senator Joseph Getty, and is consistent with the definition adopted in other states that have enacted gender identity protections, including Delaware, Connecticut, and Massachusetts.

 

 

 

Why do we need this law?

Everyone has a gender identity – an innate, core sense of oneself as male or female. But the people who are most in need of the protection of this law are people who are transgender. Transgender persons are people whose gender identity does not correspond with their sex assigned at birth. Many transgender people decide to transition – to live their lives in their true, authentic gender identity rather than the sex they were assigned at birth.

 

You may know some transgender people in your own life – your family, friends, co-workers, or neighbors. Or, you may know some transgender people who are in public life or on TV or in the news. Transgender people are just like everyone else: they want to be able to work, shop, eat dinner, and go home at night without the fear that someone will discriminate against them for who they are.

 

A study conducted in Maryland showed an astounding level of discrimination faced by transgender people:

  • 71% of transgender Marylanders reported experiencing harassment or mistreatment on the job because of their gender identity, and 42% experienced an adverse job action, like being fired, demoted, or denied a promotion
  • 17% of transgender Marylanders reported having been denied a home or apartment because of their gender identity, and 12% became homeless
  • 54% of transgender Marylanders reported having been verbally harassed or mistreated in a place of public accommodation such as a hotel or restaurant

 

It isn’t fair to discriminate against someone just because of who they are. It shouldn’t matter what your gender identity is for you to have a job, rent an apartment, eat at a restaurant, shop at a store, or qualify for a loan. That’s why we need …