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Debunking the Bill” Myth transgender media program “Bathroom Debunking the Bill” Myth Accurate Reporting on Nondiscrimination: A Guide for Journalists Accurate Reporting on Transgender-Inclusive Nondiscrimination Laws & Ordinances February 2016 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists Contents 03 Message from Sarah Kate Ellis, President & CEO of GLAAD 04 About Nondiscrimination Laws & Ordinances 07 The Myth of "Bathroom Bills" 08 Spotlight on Houston & HERO 10 Best Practices in Media Coverage 12 Definitions & Terms to Know Transgender-Specific Terminology 14 Names, Pronoun Use & Descriptions 15 Terms to Avoid 16 Additional Resources for Journalists 17 GLAAD Spokespeople 2 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists Message from Sarah Kate Ellis President & CEO of GLAAD As we saw in late 2015, however, and ordinances - with a particular these important legal protections focus on how those legal protections are far from secure and can be taken impact transgender people. away when the public is misled with Multiple studies show that false information. The Houston Equal transgender people face Rights Ordinance (HERO), which heightened discrimination that protected people from discrimination leads to disproportionately high on the basis of sex, race, color, levels of poverty, unemployment, ethnicity, national origin, age, familial homelessness, inadequate medical status, marital status, military care, incarceration, and violence.3 status, religion, disability, genetic or more than two decades, The media play an important role information, sexual orientation, GLAAD has been committed in shaping the attitudes and ideas gender identity, and pregnancy, to improving media coverage of the public. By reporting without was repealed in November 2015 by of transgender people and bias and challenging inaccurate a disappointingly wide margin of the issues they face. We work representations of transgender Fwith local journalists, national news voters.1 The misinformation used people, journalists can help in the campaign against HERO outlets, TV networks, film studios, ensure that voters have accurate exploited outdated stereotypes and and Spanish-language media to information and are able to make fears about transgender people, identify and amplify real-life stories informed decisions on public and falsely suggested that the law about transgender people, as well as policies that affect the lives, health, would put women and children at ensure fair and accurate portrayals in and well-being of transgender risk. Making matters worse, many scripted film and television. Americans. local news outlets repeated these Despite the growing number of messages, often without questioning positive depictions of transgender the validity of the claims, thereby people in the media, myths and providing free airtime and a veneer of stereotypes continue to appear in legitimacy to claims that were easily news stories, particularly when it proved false.2 comes to the vital legal protections that transgender people - and the Houston is not the first place where larger LGBT community - still lack anti-transgender messages have Sarah Kate Ellis in employment, housing, public been circulated through the media President & CEO, GLAAD accommodations, and more. by those intent on blocking inclusive Without a federal nondiscrimination nondiscrimination protections, law, these protections are only and it won’t be the last. This explicitly provided when states guide will help ensure that media and municipalities have LGBT- professionals have the tools to report inclusive nondiscrimination laws and fairly and accurately about LGBT- ordinances. inclusive nondiscrimination laws 3 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists About Nondiscrimination Laws & Ordinances ondiscrimination laws and LGBT discrimination they experience may differ depending on ordinances may exist at the federal, state, city, the intersections of a transgender person's identities. Nand county levels. They simply ensure that a For example, transgender people of color suffer from person may not be discriminated against based on any poverty, violence, and incarceration at rates much number of characteristics, such as race, national origin, higher than others within the transgender community.6 religion, sex, disability, age, and more. Under nondiscrimination laws that include gender However, not all state and local nondiscrimination identity, transgender people gain protection from laws include protections based on gender identity discrimination where they work, where they live, and as (which protect transgender people) or sexual orientation they go about their daily lives. (which protect lesbian, gay, and bisexual people) - and there is no federal law that explicitly protects LGBT people from discrimination. The importance of fair and accurate Eighteen states* and more than 200 municipalities - reporting including places like Kansas City, MO; Gainesville, FL; and In recent years, transgender people and their stories Kalamazoo, MI - have passed laws that protect LGBT people have been highlighted in media more than ever before. from discrimination in employment, housing, and public Coverage is becoming more respectful, and an increasing accommodations. Two additional states (New Hampshire number of media outlets now include transgender and Wisconsin) protect citizens based on sexual orientation, advocates and leaders for their perspectives and but not gender identity. Utah and Massachusetts protect experiences when covering transgender-related stories. transgender people in employment and housing, but do not However, this is not always the case, and stories which include public accommodations.4 repeat unfounded myths and misinformation, and However, these laws only cover approximately which dehumanize transgender people, are still far too 48% of the American LGBT population, leaving an common. unacceptable majority of LGBT people vulnerable to Journalists seek to report stories objectively, which lawful discrimination. may lead to the inclusion of opinions from those who oppose transgender-inclusive nondiscrimination The importance of nondiscrimination policies. Unfortunately, these opponents' claims are repeated and legitimized, often without any critical protections for transgender people analysis of the veracity of the claims, and without A startling percentage of the transgender population has commentary from transgender people themselves. encountered some form of discrimination. According When reporting on stories about this issue, fact-checking to the 2011 National Transgender Discrimination the claims of both sides is essential, as is talking directly Survey, 63% of those surveyed reported facing serious to transgender people. By including transgender voices, discrimination, while 23% of respondents reported voters and public policy makers can hear directly from experiencing "catastrophic discrimination," which transgender people about the effects of allowing lawful was defined as being affected by 3 or more life- discrimination. disrupting events or types of harassment (for example, As discussions about nondiscrimination protections denial of medical service due to bias, sexual assault grow across the country, GLAAD has created this due to bias, eviction due to bias, teacher bullying, reference guide for journalists to help ensure that they etc.).5 Furthermore, since transgender people are can report on these policy issues and the experiences of represented across every race, religion, gender, age, transgender Americans in fair and accurate ways. ability, sexual orientation, and nationality, the type of * New York State's protections on the basis of gender identity were enacted through state 4 regulations that define "sex" to include "gender identity" in the state's civil rights laws. Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists About Nondiscrimination Laws & Ordinances Statewide laws protecting from discrimination in employment, housing, and public accommodations on the basis of sexual orientation and gender identity California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington Statewide laws protecting from discrimination in employment and housing on the basis of sexual orientation and gender identity; protection from discrimination in public accommodations on the basis of sexual orientation only Massachusetts Statewide laws protecting from discrimination in employment and housing on the basis of sexual orientation and gender identity, but not public accommodations Utah Statewide laws protecting from discrimination in employment, housing, and public accommodations on the basis of sexual orientation, but not gender identity New Hampshire, Wisconsin No statewide laws protecting from discrimination in employment, housing, and public accommodations on the basis of sexual orientation or gender identity Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wyoming data via the Movement Advancement Project as of 02/23/2016 5 Debunking the "Bathroom
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