There was a full room at the GENDA Forum that took place April 22nd, at the LGBT Community Center in New York City. The room was full with enthusiasm. This forum was strategically scheduled before the April 29th, LGBT Equality & Justice Day in Albany with the intention that the people that attends will also talk to the legislators asking for support for GENDA that purports to prohibit discrimination based on gender identity or expression in the state of New York.

The forum was hosted by Ray Carannante, Associate Director, Center CARE, Coordinator, Gender Identity Project and moderated by Desma Holcomb, Empire State Pride Agenda. Panelists were,(in order of presentation):

Melissa Sklarz, Director, New York Transgender Rights Organization; Lourdes Hunter, Counselor and Case Manager, Housing Works; Gabriel Arkles, Staff Attorney, Sylvia Rivera Law Project; Elizabeth Rivera, Program Coordinator: TransJustice, Audre Lorde Project; and, Kenyon Farrow, Board Chair, Queers for Economic Justice

Panelist and longtime activist Melissa Sklarz presented a very complete historical context for the bill, as well as an honest assessment as to why the bill did not pass last time it was up for a vote. I do not think the forum, as it progressed, ever recognized Melissa Sklarz’ instrumental and relentless work in getting the bill to where it is at this moment in history.

Panelist Gabriel Arkles, staff attorney for the Sylvia Rivera Law Project, gave a clear, sober and informative presentation. His call for strong clear anti-discrimination laws was very exciting. He presented a fair, potent account of the state of current law and how necessary are strong, solid anti-discrimination protections in the state and supported it with some of the achievements made by the Sylvia Rivera Law project, benefiting from the inclusion of gender identity/expression categories to the anti-discrimination laws in the city of New York.

It was however Mr. Arkles’ warning and opposition to the hate crime component of the bill that dominated the rest of the panel presentations and discussion. I believe his opposition to the Hate Crime component of the Anti-Discrimination bill was supported by clear arguments as well as solid, undisputed facts.

Elizabeth Rivera, Program Director of TransJustice, an Audre Lorde Project program proceeded to also express support to the bill, admitting that until very recent (I suspect the same day) she did not know about the Hate Crimes component of the bill and then read a prepared statement from ALP stating their opposition to this type of legislation.

Last panelist, Kenyon Farrow, Board Chair, Queers for Economic Justice started his presentation by pointing out how important it is when doing this and other kind of political work to maintain the ability to build and support coalitions. He went on to discuss how he believes this type of legislation has been used by the Department of Justice to increase its persecution and incarceration of people in poor communities and communities of color. He also warned that Hate Crimes legislation are regularly and unfairly used precisely against the youth, the poor, the black, the brown and the transgender communities and the intersections of these communities.

Most of the Q&A went to people making statements against the Hate Crime component of the bill. One of the attendants asked how the provision “ slipped” into the bill. The panel moderator from ESPA, explained that the way the Hate Crime legislation is written, all categories added to the non-discrimination charter will be de-facto added to the Hate Crimes legislation. WHOA, only in the Law & Order regime we currently experience as “life in the USA” you can find such logic! In order to win protection from discrimination in employment, public accomodations and Housing, you have to expand the powers of the Department of Justice, so they can “enhance” sentences, (where the word enhance serves the same purpose it serves in “enhanced interrogation practices.” I think The Department of Justice’s record on race, LGBT issues, youth issues, class issues, and others has to improve a lot before we trust giving them more power.

Bill Dobbs, a gay activist that has opposed Hate Crime legislation since forever I remember asked Rep. Gottfried, who sponsors the bill, and who happened to be present, what did he think in listening from the organizations and the participants’ opposition to the Hate Crime component of the bill. Mr. Gottfried replied that it was “ unfortunate” and that he supports Hate Crime legislation. Seemed like yet one more case of an elected official that believes he/she knows more than his/her constituents and in that reasoning finds a justification to ignore his/her constituents requests or needs.

At one point someone from the public, asked the panelists if their position was “ Genda with no Hate Crimes component, or No bill at all. Mr. Arkles and Ms. Rivera did not fall for that bait, they both replied something like: (I am paraphrasing) “We continue to support the bill, but we are now aware that there is a lot of work we must continue to do and hopefully when the bill is ready to be passed all hate crime provisions will be out of it”.

I think the real scandal in this story is that many of these organizations and individuals (Cyborg included) have been supporting this bill for a long time, probably years, without ever reading it. There is a strong lesson to be learned here. We are all responsible for this.

I believe in the end of the night Melissa Sklarz, whom I respect a lot, may have felt disappointed. Melissa has been working very hard and has provided excellent leadership in lobbying the legislature to get TG protections to New York, as well as Federal protections through ENDA. It is my understanding she has been trying to involve for a long time into this work, the same organizations that last night expressed opposition to the Hate Crime component of the bill. If I was her, I would be furious.

While Cyborg was pleasantly surprised with the strong reactions from the public opposing the damn hate crimes provisions of this important bill, I did not enjoy the controversy. After all this is a bill we want to support and pass and some of us heard last night that the hate crime provision is added by default to any anti-discrimination bill or category. What a fucking high price to pay to get these protections!

For the record, Cyborg has been opposed to Hate Crime legislation for over a decade and supports the statements made from the panel against the hate crimes component of this bill.

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