A Bridge Too Far for NJ's Transgender Population... For Now

Attention on New Jersey's traffic problems kept another story largely out of the headlines, but for the state's transgender population, its effects will last a lot longer than four days.

Trans* Equality advocate Stephanie Battaglino (R) with
her partner Mari (C) and  Orange is the New Black star
Laverne Cox (L) at the annual Women's Event
at NYC's LGBT Community Center in Nov. 2013

On January 13th, Governor Chris Christie vetoed a bill that would have allowed transgender or intersex folks to change the gender on their birth certificates without having to first undergo gender reassignment surgery.  The bill (A4097/S2786) passed in both houses of the New Jersey legislature, but not with enough votes to override the Governor's veto, which stated in part that the bill as proposed would lead to "significant legal uncertainties and create opportunities for fraud, deception, and abuse."

For the state's LGBT activists, it looked clear that the veto was actually about a matter unrelated to those who would be affected. Babs Casbar Siperstein, political director for the Gender Rights Advocacy Association of New Jersey, called it "Arbitrary, capricious and designed to harm transgender people who are the most vulnerable among LGBT New Jerseyans."  Troy Stevenson of Garden State Equality asserted that it was "a vindictive move to punish the LGBT community after a year of tremendous progress."  And -- politics being what they are -- it is in fact hard to ignore the fact that a co-sponsor of the Senate version of the bill is Senate Majority Leader Loretta Weinberg.  A longtime champion of the LGBT community, she also happens to be co-chairing the bicameral committee investigating another act of obstruction which has gotten far more news coverage than this one.

On the flip side, Christie -- who also vetoed a bicameral marriage equality bill in 2012, only to have the state's highest court rule it into being this fall -- did approve a law making New Jersey only the second state to ban "reparative therapy" for minors.  These forms of treatment and counseling, which purport to change "unwanted" same-gender attraction, have been condemned by the American Psychological Association and other professional groups as misleading at best, irreparably harmful at worst.  

The transgender bill's Assembly co-sponsor Valerie Vainieri Huttle (D-Bergen) saw reason for hope even in the fact of rejection. "Gov. Christie's veto suggests that with safeguards he would have signed this legislation," she told the Newark Star-Ledger. "I plan to work with my colleagues and the Governor's office to get this legislation done during the next session."

But in the meantime, there is still rejection which -- political speculation aside -- feels very personal.  Stephanie Battaglino, an insurance executive who also does public advocacy work for trans* workplace rights, expressed her reactions on her blog:

"Caught in the cross hairs once again. First it was the Employment Non-Discrimination Act (ENDA) back in 2007 when we were summarily stripped out of the bill as a protected class in an effort to make it more – you should pardon the expression – passable. And now in my own backyard – this veto. Do people think we somehow like it underneath the proverbial bus that we always seem to get thrown under? Or is it perhaps that we are too easy a target? 'Need a punching bag? Roll out the transgender community, nobody cares about them anyway. They’re just a bunch of wackos on the lunatic fringe.'"

Stephanie is also an Episcopalian, one of our own, and has shared her own faith journey from the pulpit and other speaking engagements.  She articulated how important a milestone getting her own revised certificate was, which helps explain why the bill's failing was so wounding:

"I can assure you that to many of us in the trans community, an amended birth certificate is by no means merely a piece of paper. It is so much more than that. It is a panacea for many. I can remember when I received mine in the mail a few months after my surgery. It meant everything to me to see my mother and father’s name, the hospital in Newark where I was born that is no longer there, the date and time of my birth – and most importantly my full female name. It is more than an understatement to say it was completing. I remember thinking to myself through my tears of joy, 'this is the way it was always supposed to be – and now it is.' To deny someone of that feeling of completeness because of a perceived lack of 'appropriate safeguards' is at best totally lacking in compassion, and at its worst, inhumane."

To Stephanie, the best way to help society continue to evolve is by getting out there and letting them experience her as a human being, rather than an issue or a condition:

"I often say in my speaking engagements 'just give me five minutes' and you’ll come away with a much different perspective about transgender people. To briefly paraphrase Dr. Martin Luther King, if you must judge at all, than work with me to create a forum whereby I can be judged on the content of my character – the content of my 'human-ness.'"

Integrity seeks to foster this dialogue and education whenever and wherever possible.  The Institute for Welcoming Resources, of which Integrity is a coalition partner, offers TransAction, a curriculum for congregations better understand and welcome transgender people to be a part of their community.  Stephanie and others share a ministry of engaging people in conversation about these topics. If your congregation or group is interested in hosting an enlightening event, please contact us.

Christian Paolino is the Chair of Integrity's Stakeholders' Council

UPDATED: Christie drops appeal, Marriage Equality in NJ is here to stay!

 UPDATE:

On Monday, October 21st, just hours after the first couples began receiving their marriage licenses, the Christie Administration dropped its appeal of a lower court ruling that brought marriage equality to the state.  The Supreme Court will no longer review the case in January as described below, and marriages may continue.

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On Friday, October 18th, the Supreme Court of the State of New Jersey voted unanimously to deny the Christie administration a stay of a Sept. 27 lower court ruling  legalizing marriage equality, while an appeal of that case proceeds.  Same-gender couples in the state may wed as soon as Monday, and are already completing the applications in many municipalities to pass the 72-hour waiting period before the law goes into effect. The Supreme Court is expected to rule on the appeal in January.

"On Monday, New Jersey will begin to tear down its Berlin Wall separating straight people who have had total freedom, and LGBT people who have not," said Steven Goldstein,  the founder and former Director of Garden State Equality, a plaintiff in the case along with six New Jersey families.  "Imagine the happiness you’d feel if you won the Super Bowl, the Nobel Prize and an Academy Award all in a single moment, and multiply it by a million. That’s how we LGBT New Jerseyans feel right now.  Ultimately, the Supreme Court’s action today is more than about us longtime couples in love. This is also a triumph for LGBT youth and our hope they’ll get to live in a kinder world than we did. We seek a world that will tell every child, whether LGBT or not: You are normal, and so are your dreams."

Response from the Diocese of Newark

Episcopalians have also been preparing for this day for a long time.  The Right Rev. Mark Beckwith, Bishop of the Diocese of Newark, issued a statement to Friday night to his flock, which makes up the northern third of the state. "I rejoice that state law now provides the opportunity for all couples to receive the full benefits of marriage. I join my prayers of thanksgiving with those many couples who are – at this moment, applying for marriage licenses. Many of our diocesan clergy are preparing to officiate at celebrations. I have been in conversation with one priest whose congregation is planning a group wedding ceremony – and how I as bishop might participate."  He went on to outline his expectations for how clergy and parishes will proceed, using the blessing rite adopted by the 2012 General Convention of the Episcopal Church.  The rite is still distinct from a marriage in the eyes of the church, but clergy who choose to can act as an agent of the state, which considers the couple married under the law.  The June Supreme Court ruling means that the Federal government also recognizes the marriage, with all the rights and responsibilities that go with it.

Clergy are expected to come to an agreement with parish leaders about holding such services.  Approximately half of the 100 congregations in the diocese have endorsed the work of The OASIS, the diocesan LGBT ministry which was authorized by the Right Rev. John Shelby Spong in 1989.

"We are finally be able to say to our gay and lesbian members, 'The State of New Jersey has finally caught up with Redeemer,'" said the Rev. Cynthia Black, rector of Church of the Redeemer in Morristown, an Integrity Proud Parish Partner which has been blessing same-gender relationships since 1991. "For the past 22 years, this church has publicly affirmed that all committed and loving couples are equal in the eyes of God."

Members of Redeemer have been preparing for this day.  One parishioner, Colleen Hintz, creates vestments, and designed a special set to be used at the services.  "My sister is a lesbian—I never thought I would live to see the day that she would be able to get married to her beloved Sarah," she said, holding back tears. Hintz’ sister and her partner live in Texas, a state that has yet to approve marriage equality.  Another, Carol King, composes hymns.  She has been working to choose or write appropriate music for the services. "This is a simple matter of justice for me," she said, "Justice has been denied for far too long."

Response from the Diocese of New Jersey

The Diocese  of New Jersey, with its cathedral at Trenton, recently elected the  Rev. Canon William H. "Chip" Stokes as its new bishop; he will succeed the Right Rev. George Councell in November.  The two leaders issued a joint statement after the lower court ruling, stating, "(We) applaud Superior Court Judge Mary Jacobson's ruling that same-sex couples must be allowed to marry. Our hope and prayer is that Judge Jacobson's court order will be honored, and that same-sex couples may be married beginning October 21."

The Diocese of Jersey also endorsed the official blessing rite adopted at General Convention, and Bishop Councell has given his clergy permission to officiate at these services if they choose to, a position we are hopeful Stokes will uphold.  An official list of welcoming congregations is maintained by The OASIS, the diocese's LGBT ministry.

Christian Paolino is Chair of the Stakeholders' Council of Integrity and Diocesan Organizer for Newark