Size Discrimination Bill

I wanted to wait until Pride weekend was over to write this, so that it would not get lost in the sea of Pride-related posts. I hope everyone had at least some really great experiences these last few days.


Anyway, for my second real post, I want to veer a little bit away from typical “queer politics” and talk about something that really directly affects me as a queer person (which means, some much needed time off from any concerns about "infighting!"). This is some information and action steps about H1844, a bill that is up for a hearing regarding discrimination (hate crimes not included) toward people regarding their size. I'm passing on this information because I think that action around this topic is really important. This bill has come up before and if it does not pass this time, the rumor I have heard is that it might not have a chance to again, but don't quote me on that because I don't totally get why, or what that would mean. The hearing for the bill is on Tuesday (June 12!), so please contact your representative or senator immediately if you want to make your voice heard.


If you want to talk to me about either how to support it or any concerns you have with it, please comment and I will do my best to respond, or maybe someone who knows more about it will respond. I know that there can be issues with bills that aren’t immediately evident on the surface and I am open to hearing about that. The reason I support this, though, is that this would make a difference in my life, and the lives of other fat people, in a number of ways. For example, when I apply for a job I am seriously worried every time that I will not get it because I am fat.


What I mean when I say that is this: I could go in for an interview. I could blow everyone away. And I could get a call the next day where someone literally said to me, “Wow, you are really smart and qualified and articulate and passionate, but you know what? I really don’t think you fit with the image of the company, so we are not going to hire you because you are fat.” If that happens, right now, I cannot do anything. I have no recourse.


I also regularly go to the doctor for whatever problem I have and my weight is focused on as the problem, even when it is clearly not relevant. If I switch jobs, even if I get past the hurdle I just mentioned, I can be denied insurance or forced to pay a higher premium because of my weight.


I know that, realistically, this bill will not prevent those things from happening (I definitely know that the whole answer is not through legislative action). I think it will, however, both a) give me more peace of mind that at least this is form of discrimination is validated as a problem, and that possibly the people who do the hiring, the doctors, etc have had some education on it, and b) give people some leverage if they want to call someone out for being actively discriminatory based on size—because, right now, unless I am in San Francisco or Michigan, people can be actively discriminatory on the basis of weight, and be fine under law. That is why I want to get this passed.


That said, i want to warn people, not surprisingly, that if this does start to get press coverage (which, you will read below, is not the goal, because it will spark an anti-obesity backlash), a lot of what the fat activists will say is that "fat is the last acceptable prejudice." And to be quite honest, I think that is bullshit. We live in a horrifyingly oppressive culture and I know that you can not hire people on the basis of other characteristics (history of convictions, gender identity in a lot of places, etc.), but I do think that this is a serious, huge (ha ha! Get the pun? Huge?) problem and I want to do what I can to work against it.


Also! if anyone wants to do other things--like work to build fat community, do fat positive education in the communities/scenes that we are a part of, do some sort of action somewhere that is actively *not* fat positive, I am always down for that and just want you to tell me!


What follows is the original post I got:

Hi:


I'm Beth Kenny, the legal intern for FLARE, Fat Legal Advocacy, Research, and Education. I'd like to pass along some exciting info...


If you live in Massachusetts or know people there, you (and your East Coast friends) have a chance to make history!


The state legislature in Massachusetts is soon going to decide whether or not to make discrimination based on height or weight illegal.


Here's what you can do to help secure exciting new civil rights for people of all sizes in a whole state...


1. Call or send a letter to legislators in Massachusetts. See the form letter below, along with a link for locating your representatives (if you live in Massachusetts).


2. Testify at the upcoming hearings in Boston. To testify, please contact me, the FLARE intern. I will coordinate people's testimony and will make sure everyone has full info on when and where the hearing is happening. I'm at bkenny_ma@yahoo.com.


3. Try to avoid participating in media coverage of this legislation, as negative press will seriously discourage lawmakers from supporting our cause.


Don't be shy. Help make history!


If you have questions or ideas about how to help get this historic legislation passed, please let us know. Thanks tons for your help.


Sincerely,
Beth Kenny
FLARE legal intern
bkenny_ma@yahoo.com.

* * *
Find out who your legislators are:
http://www.wheredoivotema.com
Or, if you already know their names, find your legislators’ contact information:
http://www.mass.gov/legis/.
* * *
SAMPLE LETTER
Dear Rep. ________ (or Sen. _________)

I’m writing to ask you to support (or thank you for supporting) H.1844, which will add height and weight to the anti-discrimination law. People of all sizes deserve basic respect, and large people in particular are routinely discriminated against in employment, health care and education.


(If applicable, here you can write, “I have faced discrimination....”)


Thank you,


your name

your address



CO-SPONSORS: Rep. Christine Canavan, Rep. Linda Forry, Rep. Gloria Fox, Rep. Willie Mae Allen, Rep. Matthew Patrick, Rep. Carl Sciortino, Rep. Benjamin Swan, Rep. Timothy Toomey, Rep. Marty Walz, Sen. Susan Fargo


COMMITTEE MEMBERS:
Rep. David Torrisi, Chair, Sen. Thomas McGee, Sen. Pamela Resor, Sen. Patricia Jehlen, Sen. Edward Augustus, Sen. Steven Tolman, Sen. Robert Hedlund, Rep. John Scibak, Rep. Paul Casey, Rep. Colleen Garry, Rep. Demetrius Atsalis, Rep. Barbara L’Italian, Rep. Sean Curran, Rep. Marty Walz, Rep. Thomas Calther, Rep. Paul Loscocco, Rep. Karyn Polito

TRAV-esty of Justice

When I found out that on January 2, the Massachusetts State Legislature voted to put marriage equality on the ballot, despite most predictions that it would be killed by procedural maneuvers, I was incensed. But that fury was nowhere near what I felt when I found out exactly how the vote went down in the State Legislature.

Sen. President Robert Travaglini first decided that he would use his power as Senate President force an up or down vote on the anti-same sex marriage amendment without debate, thus thwarting any procedural maneuvers that could have been made. Then, after this unspeakable slap in the face to the queer community, he moved to kill the health care amendment--through a procedural maneuver! What's worse, this unscrupulous man doesn't have an ounce of shame about his hypocrisy. According to blogger David Kravitz of Blue Mass Group, when Sen. Karen Spilka voted against the amendment's movement from committee, Travaglini arrogantly crowed, "Good girl." When I heard that, I was so angry, I could have spit fire.

Those who claim that their opposition to same-sex marriage was about "democracy" and letting the people vote should not be celebrating because, after all, the health care amendment was killed and the people were not allowed to vote on it. Surely they will be organizing protests and rallies demanding that we “let the people vote” and threatening to personally sue legislators for $5 million because the Legislature voted to put the amendment to committee. Oh, wait, they never were concerned about democracy in the first place! That was just a ruse to whip up anti-gay bigotry! So the bigots are celebrating and they subsequently withdrew their lawsuit against state legislators. Hypocrisy all around on January 2!

For those bright bulbs who claimed to support same-sex marriage while lecturing gay rights activists about how we should let the citizen initiative process run its course, because it's the "law" and the right "process," hopefully, the nature and reality of power has finally been unmasked. The only thing these worshippers of process did through their deification of rules and procedure was to provide rhetorical cover for those who opposed same-sex marriage. Charley Blandy of Blue Mass Group says we shouldn't blame these so-called “process liberals” and I don't blame them; I blame the bigots and homophobes.

But they should have known better, and I for one am furious that they fell for such a transparent political trap. First, they should have known that civil rights movements don’t operate on slavish devotion to law; they operate on moral and ethical principles. Sometimes, the execution of those principles requires breaking, bending and manipulating the law. Justice transcends the law, and if liberals can’t get that through their thick skulls, then we need to just pack up and go home because they don’t understand the basics of social movements--and they will continue sabotage our side with their hand-wringing quibbles about “process.”

Second, they perpetuated the absurd-on-its-face belief that the law and politics operate under abstract cause-and-effect principles detached from the reality on the ground or political context. They wanted people to believe that laws and processes themselves can protect the oppressed from abuse. “If we allow politicians to abuse the process, what’s to stop them from doing it to us?” they canted. The reality, now obvious to all, is that the law is routinely manipulated, flouted and ultimately bent to the whims of those in power. When a historically oppressed group has a viable opportunity to take power, they should do so without worrying about some insufferable magpies in the background chirping about “process.” The relationship between the law and power has been demonstrated so clearly and repeatedly in history that those who suggested otherwise are guilty of inexcusable ignorance.

If ACT UP or Queer Nation were still around, Travaglini, that sycophantic hypocrite, who kowtowed to the bigots, would have already been "zapped." And, quite frankly, I think making Travaglini a possible protest target would be a great future tactic for some queer and queer-friendly people in Boston. His decision to subject many gay and lesbian people to another year of uncertainty and angst, his legitimization of anti-gay rhetoric, and his emboldening of the right-wing in this state is unforgivable. Judging from editorial and blog reactions, people are absolutely livid about this blatant display of hypocrisy.

It's time to take off the gloves and put on the brass knuckles (figuratively). Just look at the tactics of the anti-gay lobby in this state. They went so far as to file a $5 million lawsuit against individual legislators who decided to recess until January 2. They did whatever it took to put pressure on legislators and create a climate where the legislators felt obligated to vote. If they're willing to do whatever it takes, why aren't we?

I’ve read a lot of bombastic “calls to arms” on the internet and blogosphere, but few people are proposing fresh tactics. Susan Ryan-Vollmar of Bay Windows says to write more letters to the editor and send more money to the major gay rights organizations in the state. She’s right, of course in that this would be a good thing to do. But I can’t help but feel as though this outrage calls for so much more than the same tactics. We need to assess ways in which dramatic displays of power and outrage by our community and its allies can be demonstrated. These tactics can include effective, targeted use of boycotts, civil disobedience (a mass “die in” on the steps of the State Legislature, for instance), angry rallies instead of Pollyannaish ones, organized heckling of anti-gay state legislators, so on and so forth.

Yes, now is the time for outrage. I think part of the problem is that people in this state don’t take us seriously because they have not truly heard the cry of the oppressed. We’ve had a lot of feel-good rallies and candlelight vigils. I think those are fine, but if those rallies are not backed up by some displays of power that show “we mean business,” politicians will get the message that they can screw us and all we’re going to do is sing “Kum-ba-ya” around the campfire.