Debunking the Bill” Myth

“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 By reporting without was repealed in November 2015 by of transgender people and bias and challenging inaccurate a disappointingly wide margin of the issues they face.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can help in the campaign against HERO outlets, TV networks, film studios, ensure that voters have accurate exploited outdated stereotypes and and Spanish-language media to information and are able to make fears about transgender people, identify and amplify real-life stories informed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 Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists

Photo credit: Jon Shapely / © Houston Chronicle. Used with permission

6 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists The Myth of “Bathroom Bills”

ublic discussions about protecting public’s understanding of how these laws protect LGBT people under federal, state, people from discrimination, harassment, unfair Pand local nondiscrimination laws treatment, and more. While these laws often are often sensationalized. While LGBT- allow transgender people to use the restroom inclusive nondiscrimination protections which matches the gender they live every day, usually cover employment, housing, and the benefits of nondiscrimination laws are much public accommodations, opponents of these more extensive, typically covering employment, protections typically focus on generating fears housing, education, jury service, credit, and more. about bathrooms, falsely claiming that such Additionally, any effort to defame or malign laws will make it legal for sexual predators to transgender women must be vigorously enter women’s restrooms. Sometimes, they also challenged. Just as many old, ugly stereotypes imply or overtly claim that transgender women about gay men (e.g., claims that gay men are are not women, and therefore they should not pedophiles) have been thoroughly debunked, be allowed to use the women’s restroom. (It is similar claims about transgender women must also often implied that transgender women are be pointed out as false. These gross stereotypes in some way deviant and predatory.)7 This is have been refuted by the American Psychiatric despite a lack of evidence to support their claims Association,9 the American Psychological that transgender people put anyone in danger Association,10 and other medical authorities.11 while in the restroom that aligns with the gender Journalists can hold anti-transgender activists they live every day.8 accountable by asking them to verify their Indeed, such claims are simply untrue. It statements and by including the voices of is important to note that nondiscrimination transgender people whose lived experiences differ protections for transgender people do not change greatly from the defamatory stereotypes used to long-standing laws that make it illegal for anyone dehumanize them. to enter a public restroom for the purpose of In reality, all people, including people who harassing or harming another person or invading are transgender, are concerned about privacy their privacy. Some statewide nondiscrimination and safety in public restrooms.12 Unfortunately, laws even expressly state that gender identity multiple studies show that transgender people may not be asserted for an improper purpose. often report experiencing denial of access to Police use current public safety laws to keep facilities, verbal harassment, and physical assault people safe, make arrests, and hold perpetrators when attempting to use public restrooms. accountable. The oft-repeated claim by opponents Moreover, focusing on opponents' false claims of nondiscrimination laws that public safety will about bathrooms distracts from other injustices be compromised if these laws include and protect that transgender people face, such as the fact transgender people is simply false. Journalists that in a majority of states, transgender people may cite the 18 states and 200 municipalities with can be fired from their jobs or denied a place to explicit transgender protections, none of which live simply because of who they are - a fact that have shown an increase in public safety incidents. is often overlooked or unreported when coverage If journalists repeat the characterization becomes fixated on opponents’ false claims about of LGBT-inclusive nondiscrimination laws bathrooms.13 The discrimination that transgender as “bathroom bills,” or overly focus on the people face in all aspects of their lives has been application of these far-reaching policies to documented in multiple studies.14 the narrow issue of bathrooms, they impair the

7 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists

"This loss is a wake up call that despite remarkable progress for LGBT equality, we must never become complacent in the face of injustice. The vote in Houston shows that LGBT Americans still have a long way to go to secure basic protections and enjoy the same acceptance that others take for granted. The ugly fear-mongering that led to this result does not represent the values of most Americans who believe firmly in fairness."

SARAH KATE ELLIS, PRESIDENT & CEO OF GLAAD STATEMENT ON HOUSTON EQUAL RIGHTS ORDINANCE (HERO) VOTE NOVEMBER 4, 2015

Spotlight on Houston & HERO

he Houston Equal Rights Ordinance, According to a study conducted by Media or HERO, was a local ordinance that Matters for America, the misinformation and prohibited discrimination on the basis “bathroom panic” messaging about HERO - Tof 15 characteristics in city employment, spread by opponents of the ordinance and city services, city contracting practices, repeated largely without challenge by the local housing, public accommodations, and private television media - contributed to a widespread employment.15 Those characteristics included misunderstanding about the ordinance and the sex, race, color, ethnicity, national origin, age, protections it provided.20 The study found that familial status, marital status, military status, 40% of all HERO coverage by local television religion, disability, genetic information, sexual media discussed bathrooms or included B-roll orientation, gender identity, and pregnancy.16 footage of bathrooms, with less than 10% of Public accommodations laws generally protect coverage mentioning that HERO would outlaw people from discrimination in the places they discrimination based on characteristics other live their lives when they are not at home, work, than sexual orientation or gender identity. or school - including retail stores, restaurants, Meanwhile, nondiscrimination ordinances parks, public transit, hotels, doctors’ offices, have been implemented successfully elsewhere and banks. This includes government-owned/ in Texas (including San Antonio, Austin, and operated facilities and services, as well as Dallas).21 However, there is no law in Texas that privately-owned/operated businesses or protects Texans from discrimination in public buildings that serve the public.17 accommodations, and federal and state laws HERO was initially passed by a Houston cover all other characteristics protected by HERO City Council vote in 2014, but opponents of in fair housing, except for sexual orientation and the ordinance quickly went to work, and using gender identity.22 Therefore, without HERO, Texas law, forced it to a public referendum on LGBT people in Houston are again vulnerable to the November 2015 ballot.18 The ordinance legal discrimination. was repealed by a margin of 62 percent to 38 percent.19

8 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists Bathroom Focus in HERO Coverage Broadcast coverage from July 24 - August 7, 2015

Total HERO Mentions 40 Mentions of Bathroom Myth Bathroom B-Roll Without Commentary

ABC13 KHOU11 (CBS) KRIV (FOX) KPRC (NBC)

Representation of Pro-LGBT and Anti- LGBT Advocates in HERO Coverage Broadcast & print coverage from May 28 - June 26, 2015

Citations of Pro-LGBT Groups and Figures 40 Citations of Anti-LGBT Groups and Figures No Citations

Houston Chronicle KHOU11 (CBS) KRIV (FOX) KPRC (NBC)

data via Media Matters For America 9 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists Best Practices in Media Coverage

Interview diverse demographics by those who oppose states and more than transgender within the transgender nondiscrimination 200 municipalities people community helps to laws that protect LGBT have enacted laws and illustrate most accurately people.24 The term is ordinances protecting themselves the devastation that designed to, among transgender people The best sources to talk discrimination can cause. other things, incite from discrimination to about anti-transgender panic and fear at the in employment, discrimination are the Use accurate prospect of encountering housing, and public people who experience a transgender person accommodations. And these acts firsthand. and appropriate in a public restroom. two additional states Hearing from transgender language It is also inaccurate, (Utah and Massachusetts) people clarifies and Using accurate because most of these protect trans people in humanizes the issues terminology is a form bills address a far broader employment and housing, they face and debunks of basic respect that is range of discrimination but do not include discredited and harmful often denied to those protections than public accommodations. falsehoods. It’s also in the transgender restroom access. Accurate In the places where important to talk to the community. Media outlets reporting will discuss all transgender-inclusive family members and co- and consumers of media of the various areas of protections exist, there workers of transgender may be unaware of best life in which LGBT people has been no increase in people. They can provide practices regarding will be protected, from public safety incidents. readers and viewers with terminology and pronoun fairness in housing, to Journalists can reference a greater understanding usage. Up-to-date equal opportunity in these places as examples of how the discrimination terminology and its usage the workplace. If a bill when opponents falsely transgender people face can be found in GLAAD’s explicitly addresses the claim that chaos will also impacts their friends Media Reference Guide for use of restrooms and ensue if transgender and family. journalists (see Resources locker rooms within its people are protected section on page 16). public accommodations under the law. Include stories provisions, it is important from a diverse Avoid reducing to contextualize it Emphasize what within the larger issue array of local the complexity of of anti-transgender these laws and transgender the policy down discrimination. ordinances do people about to a "bathroom and do not do bill" the effects of Mention the many Nothing in these laws changes the fact that it is discrimination on Refer to these laws places that have their own lives or ordinances as illegal to enter a restroom trans-inclusive to harm or harass people, As with the general nondiscrimination laws/ nondiscrimination or invade their privacy.25 population, the effects ordinances, or call the protections Any person who tries to of discrimination vary law or ordinance by enter a women’s restroom for transgender people its name (for example, The first trans-inclusive for an illegal purpose based on race, gender, Houston Equal Rights nondiscrimination would be subject to class, nationality, ability, Ordinance or HERO). The ordinance was passed in arrest and prosecution. and so on.23 Including term "bathroom bill" is an Minneapolis, Minnesota Rather than repeating multiple accounts from inaccurate phrase created in 1975. Since then, 18

10 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists

the inflammatory chosen by some media misinformation, Rather than rhetoric of these laws’ outlets makes it harder stereotypes, and fear- opponents, draw to understand what mongering about the repeating the attention to existing laws these policies do. A study safety of women and inflammatory that prohibit harassment by Media Matters for children. Note the rhetoric of or assault in public America28 found that distinction between spaces and point out local media coverage these fears and the facts these laws’ that nondiscrimination about HERO frequently by presenting clear and opponents, protections do not included bathroom B-roll factual information in draw attention change those laws. It's footage, with two media their place. If you want important to point out outlets in particular more information on to existing that transgender people including this footage anti-LGBT activists, visit laws that are also concerned with in more than half of www.glaad.org/cap. prohibit privacy and safety in their coverage. Only The GLAAD Commentator public restrooms and 10% of news coverage Accountability Project harassment often experience a lack from local media (CAP) aims to put critical or assault in of both when they try to outlets in Houston ever information about public spaces access public facilities.26 27 mentioned that HERO frequent anti-LGBT protected people from interviewees into the and point discrimination based hands of newsrooms, out that non- Avoid using on characteristics other editors, hosts, and discrimination bathroom images than sexual orientation reporters. and B-roll when and gender identity. With protections do discussing most of the messages not change nondiscrimination from those who oppose those laws. policies nondiscrimination ordinances focused on Using bathroom the bathroom, it is up to footage or images of media outlets to bring fair bathrooms in a story and accurate coverage of about nondiscrimination these laws to voters. laws narrowly focuses viewer attention on one issue, rather than on Challenge the broad impact these politicians laws have. It also has and pundits the effect of reinforcing with accurate and legitimizing false claims about bathroom information about safety. Nondiscrimination transgender ordinances protect people people in a wide variety People who oppose of situations and spaces equal protections besides restrooms, but for transgender the bathroom images people promulgate

11 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists Definitions & Terms to Know

Sex Gender Expression The classification of people as male or female. At External manifestations of gender, expressed through birth infants are assigned a sex, usually based on the one's name, pronouns, clothing, haircut, behavior, appearance of their external anatomy. (This is what is voice, or body characteristics. Society identifies these written on the birth certificate.) However, a person's cues as masculine and feminine, although what is sex is actually a combination of bodily characteristics considered masculine and feminine changes over time including: chromosomes, hormones, internal and and varies by culture. Typically, transgender people external reproductive organs, and secondary sex seek to make their gender expression align with their characteristics. gender identity, rather than the sex they were assigned at birth. Gender Identity One's internal, deeply held sense of one's gender. Sexual Orientation For transgender people, their own internal gender Describes an individual's enduring physical, identity does not match the sex they were assigned romantic, and/or emotional attraction to another at birth. Most people have a gender identity of man or person. Gender identity and sexual orientation are woman (or boy or girl). For some people, their gender not the same. Transgender people may be straight, identity does not fit neatly into one of those two lesbian, gay, or bisexual. For example, a person who choices. Unlike gender expression, gender identity is transitions from male to female and is attracted solely not visible to others. to men would identify as a straight woman. Transgender-Specific Terminology

Transgender (adj.) change - their bodies through medical interventions An umbrella term for people whose gender identity and/ (including but not limited to hormones and/or surgeries). or gender expression differs from what is typically associated Unlike transgender, transsexual is not an umbrella term. with the sex they were assigned at birth. People under the Many transgender people do not identify as transsexual transgender umbrella may describe themselves using one or and prefer the word transgender. It is best to ask more of a wide variety of terms – including transgender. Some which term an individual prefers. If preferred, use as of those terms are defined below. Use the descriptive term an adjective: transsexual woman or transsexual man. preferred by the individual. Many transgender people are prescribed hormones by their doctors to change their bodies. Some undergo surgery as well. But not all transgender people Trans can or will take those steps, and a transgender identity is not Used as shorthand to mean transgender or transsexual, dependent upon medical procedures. or sometimes to be inclusive of a wide variety of identities under the transgender umbrella. Because its meaning is not Transsexual (adj.) precise or widely understood, be careful when using it with An older term that originated in the medical and audiences who may not understand what it means. Avoid psychological communities. Still preferred by some unless used in a direct quote or in cases where you can clearly people who have permanently changed - or seek to explain the term's meaning in the context of your story.

12 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists

Transgender-SpecificTerminology (con't) Other Transgender man steps: telling one's family, friends, and co- terms you People who were assigned female at workers; using a different name and new may hear birth but identify and live as a man may pronouns; dressing differently; changing use this term to describe themselves. They one's name and/or sex on legal documents; Cisgender may shorten it to trans man. (Note: trans hormone therapy; and possibly (though not A term used by some to man, not "transman.") Some may also use always) one or more types of surgery. The describe people who are not exact steps involved in transition vary from transgender. "Cis-" is a Latin FTM, an abbreviation for female-to-male. prefix meaning "on the same Some may prefer to simply be called men, person to person. Avoid the phrase "sex side as," and is therefore an without any modifier. It is best to ask which change." antonym of "trans-." A more term an individual prefers. widely understood way to Sex Reassignment Surgery describe people who are not transgender is simply to say Transgender woman (SRS) non-transgender people. People who were assigned male at birth Refers to doctor-supervised surgical but identify and live as a woman may use interventions and is only one small part of Gender Non- this term to describe themselves. They transition (see transition above). Avoid the Conforming may shorten to trans woman. (Note: trans phrase "sex change operation." Do not refer A term used to describe woman, not "transwoman.") Some may to someone as being "pre-op" or "post-op." some people whose gender expression is different from also use MTF, an abbreviation for male- Not all transgender people choose to, or conventional expectations to-female. Some may prefer to simply can afford to, undergo medical surgeries. of masculinity and be called women, without any modifier. Journalists should avoid overemphasizing femininity. Please note It is best to ask which term an individual the role of surgeries in the transition process. that not all gender non- conforming people identify prefers. as transgender; nor are Gender Identity Disorder (GID) all transgender people Cross-dresser outdated, see Gender Dysphoria gender non-conforming. Many people have gender While anyone may wear clothes expressions that are not associated with a different sex, the term Gender Dysphoria entirely conventional -- that cross-dresser is typically used to refer In 2013, the American Psychiatric fact alone does not make to heterosexual men who occasionally Association released the fifth edition of the them transgender. Many transgender men and women wear clothes, makeup, and accessories Diagnostic and Statistical Manual of Mental have gender expressions that culturally associated with women. This Disorders (DSM-V) which replaced the are conventionally masculine activity is a form of gender expression, outdated entry "Gender Identity Disorder" or feminine. Simply being and not done for entertainment purposes. with Gender Dysphoria, and changed the transgender does not make someone gender non- Cross-dressers do not wish to permanently criteria for diagnosis. The necessity of a conforming. The term is not change their sex or live full-time as women. psychiatric diagnosis remains controversial, a synonym for transgender Replaces the term "transvestite." PLEASE as both psychiatric and medical authorities or transsexual and should recommend individualized medical only be used if someone NOTE: Transgender women are not cross- self-identifies as gender non- dressers or drag queens. Drag queens are treatment through hormones and/or conforming. men, typically gay men, who dress like surgeries to treat gender dysphoria. Some women for the purpose of entertainment. transgender advocates believe the inclusion Genderqueer Be aware of the differences between of Gender Dysphoria in the DSM is necessary A term used by some in order to advocate for health insurance that people who experience their transgender women, cross-dressers, gender identity and/or gender and drag queens. Use the term preferred covers the medically necessary treatment expression as falling outside by the individual. Do not use the word recommended for transgender people. the categories of man and "transvestite" at all, unless someone woman. They may define their gender as falling somewhere specifically self-identifies that way. in between man and woman, or they may define it as wholly Transition different from these terms. Altering one's birth sex is not a one- The term is not a synonym for transgender or transsexual step procedure; it is a complex process and should only be used if that occurs over a long period of time. someone self-identifies as Transition includes some or all of the genderqueer. following personal, medical, and legal

13 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists Names, Pronoun Use & Descriptions

Always use a transgender person's When describing transgender people, please chosen name. use the correct term or terms to describe their Many transgender people are able to obtain a legal name gender identity. change from a court. However, some transgender people For example, a person who was assigned male at birth cannot afford a legal name change or are not yet old enough and transitions to living as a woman is a transgender to change their name legally. They should be afforded the woman, whereas a person who was assigned female at same respect for their chosen name as anyone else who birth and transitions to living as a man is a transgender man. lives by a name other than their birth name (e.g., celebrities). If someone prefers a different term, use it along with an explanation of what that term means to them. Whenever possible, ask transgender people which pronoun they would like Avoid pronoun confusion when examining you to use. the stories and backgrounds of transgender people prior to their transition. A person who identifies as a certain gender, whether or not that person has taken hormones or had some Ideally a story will not use pronouns associated with a form of surgery, should be referred to using the pronouns person's birth sex when referring to the person's life prior appropriate for that gender. to transition. Try to write transgender people's stories from the present day, instead of narrating them from some If it is not possible to ask a transgender point in the past, thus avoiding confusion and potentially person which pronoun is preferred, disrespectful use of incorrect pronouns. use the pronoun that is consistent with the person's appearance and gender expression. For example, if a person wears a dress and uses the name Susan, feminine pronouns are usually appropriate. It is never appropriate to put quotation marks around either a transgender person's chosen name or the pronoun that reflects that person's gender identity. The Associated Press Stylebook provides guidelines for journalists reporting on transgender people and issues. According to the AP Stylebook, reporters should "use the pronoun preferred by the individuals who have acquired the physical characteristics of the opposite sex or present themselves in a way that does not correspond with their sex at birth. If that preference is not expressed, use the pronoun consistent with the way the individuals live publicly." (see AP & New York Times Style)

14 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists Terms to Avoid

Problematic: "transgenders," "a transgender" Problematic: "biologically male," "biologically Preferred: transgender people, a transgender female," "genetically male," "genetically female," "born a man," "born a woman" person Transgender should be used as an adjective, not Preferred: assigned male at birth, assigned female as a noun. Do not say, "Tony is a transgender," or "The at birth or designated male at birth, designated female parade included many transgenders." Instead say, "Tony at birth is a transgender man," or "The parade included many Problematic phrases like those above are reductive transgender people." and overly simplify a very complex subject. As mentioned above, a person's sex is determined by a number of Problematic: "transgendered" factors - not simply genetics - and one's biology does not Preferred: transgender "trump" one's gender identity. Finally, people are born The adjective transgender should never have an babies - they are not "born a man" or "born a woman." extraneous "-ed" tacked onto the end. An "-ed" suffix Defamatory: "deceptive," "fooling," "pretending," adds unnecessary length to the word and can cause "posing," "trap," or "masquerading" tense confusion and grammatical errors. It also brings Gender identity is an integral part of a person's identity. transgender into alignment with lesbian, gay, and Do not characterize transgender people as "deceptive," bisexual. You would not say that Elton John is "gayed" or as "fooling" or "trapping" others, or as "pretending" to Ellen DeGeneres is "lesbianed," therefore you would not be, "posing" or "masquerading" as a man or a woman. say Chaz Bono is "transgendered." Such descriptions are defamatory and insulting. Problematic: "transgenderism" Defamatory: "tranny," "she-male," "he/she," "it," Preferred: none "shim" This is not a term commonly used by transgender These words dehumanize transgender people and people. This is a term used by anti-transgender activists should not be used in mainstream media. The criteria to dehumanize transgender people and reduce who they for using these derogatory terms should be the same are to "a condition." Refer to being transgender instead, as those applied to vulgar epithets used to target other or refer to the transgender community. You can also refer groups: they should not be used except in a direct quote to the movement for transgender equality. that reveals the bias of the person quoted. So that such words are not given credibility in the media, it is preferred "sex change," "pre-operative," "post- Problematic: that reporters say, "The person used a derogatory word operative" for a transgender person." Please note that while some Preferred: transition transgender people may use "tranny" to describe Referring to a "sex-change operation," or using themselves, others find it profoundly offensive. terms such as "pre-operative" or "post-operative," inaccurately suggests that one must have surgery in Defamatory: "bathroom bill" order to transition. Avoid overemphasizing surgery when An inaccurate phrase created and used by far-right discussing transgender people or the process of transition. extremists to oppose nondiscrimination laws that protect transgender people. The term is meant to incite fear and panic at the thought of encountering transgender people in public restrooms. Simply refer to the nondiscrimination law/ordinance instead.

15 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists Additional Resources for Journalists

GLAAD Resources • GLAAD Transgender Media Program glaad.org/transgender • GLAAD Transgender Resources for Media Professionals glaad.org/transgender/mediaresources • GLAAD Commentator Accountability Project glaad.org/cap Research & Reports • National Center for Transgender Equality and National LGBTQ Task Force, "Injustice At Every Turn: A Report of the National Transgender Discrimination Survey" • The Williams Institute, "Gendered Restrooms and Minority Stress: The Public Regulation of Gender and its Impact on Transgender People's Lives" • Fenway Health and the Center for American Progress, "State Anti-Transgender Bathroom Bills Threaten Transgender People's Health and Participation in Public Life" Policy Brief Organizations • Center for American Progress (CAP) americanprogress.org • Equality Federation equalityfederation.org • Freedom for All Americans freedomforallamericans.org • Media Matters for America mediamatters.org • Movement Advancement Project (MAP) lgbtmap.org • National Center for Transgender Equality (NCTE) transequality.org • Sylvia Rivera Law Project (SRLP) srlp.org • Transgender Law Center (TLC) transgenderlawcenter.org • Transgender Legal Defense and Education Fund (TLDEF) tldef.org

16 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists GLAAD Spokespeople

Sarah Kate Ellis Sarah Kate Ellis was named the President & CEO of GLAAD, the world’s lesbian, gay, bisexual, and transgender media advocacy organization, in January 2015 after a successful career as an award-winning media executive and communications strategist. A forceful spokesperson for LGBT acceptance, Ellis’ commentary and statements have appeared in influential media including The New York Times, The Los Angeles Times, USA Today, TIME, Vanity Fair and hundreds of other outlets. Ellis has appeared on ABC News, Bloomberg, CNN, MSNBC, Entertainment Tonight and scores of other broadcasts. Ellis co-authored a memoir with her wife, Kristen Ellis-Henderson, titled Times Two, Two Women in Love and the Happy Family They Made, released by Simon & Schuster. Ellis and her wife are the proud mothers of two adorable children.

Nick Adams Nick Adams is the Director of the Transgender Media Program at GLAAD. He joined GLAAD's staff in 1998 and, as a transgender man, has been deeply committed to improving the quality and quantity of transgender media images for the past 18 years. In 1998 he created the transgender section of GLAAD's Media Reference Guide, which included best practices for reporting on the transgender community – standards that the Associated Press and The New York Times subsequently used to improve their own style guides. He has worked with dozens of television shows to help them create more realistic, multi-dimensional transgender characters, and conducted trainings on how to fairly and accurately portray transgender people to high- level executives at Viacom Networks, FOX, CBS, MSNBC, E!, Bravo, Oxygen, and other networks.

Dani Heffernan Dani Heffernan is the Senior Strategist of the Transgender Media Program at GLAAD, where she has been working since 2011, focusing largely on transgender media representation and campaigns. She has previously led workshops at Creating Change Conference and the Transgender Leadership Summit, and has facilitated trainings on fair and accurate transgender media representation for community organizations, film productions, and media outlets around the country. Dani also worked on the media strategy for the successful Trans Healthcare Now campaign, which sought to end Medicaid's exclusion on covering transgender healthcare in New York state.

Rodrigo Heng-Lehtinen Rodrigo Heng-Lehtinen runs the membership giving program at GLAAD and facilitates donor services. He joined GLAAD from Liberty Hill Foundation, where he oversaw the donor database and analyzed data to inform fundraising strategies and increase organizational efficiency. Rodrigo also managed fundraising and membership recruitment at Gender Justice LA, instituting numerous successful fundraising programs and tripling the number of active members. As a community organizer, he has run leadership development programs for the transgender community and worked on LGBT campaigns with the Transgender Law Center and the National LGBTQ Task Force. He holds a B.A. in Latin American Studies from Brown University.

For journalists interested in speaking to any of these experts, please contact Matt Goodman, Associate Director of Communications, at [email protected]

17 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists References

1. The Advocate, "Houston Votes to Go Backward on Equal Rights 15. HOUequality, "What Does This Ordinance Do?", http://www. Ordinance", http://www.advocate.com/election/2015/11/03/hous- houequality.com/what_does_this_ordinance_do ton-repeals-lgbt-inclusive-hero 16. HOUequality, "What Are Protected Characteristics of the Ordi- 2. Media Matters for America, "STUDY: Houston Media Help nance?", http://www.houequality.com/what_are_protected_character- Misrepresent Equal Rights Ordinance", http://mediamatters.org/ istics_of_the_ordinance research/2015/08/13/study-houston-media-help-misrepresent-equal- 17. HOUequality, "What Are Public Accommodations?", http:// rig/204926 www.houequality.com/what_are_public_accommodations 3. The LGBTQ Task Force and the National Center for Transgender 18. Freedom For All Americans, "Houston Equal Rights Ordinance Equality, "Injustice At Every Turn: A Report of the National Transgender Falls Short, Leaving Millions Without Protections", http://www.free- Discrimination Survey", http://www.thetaskforce.org/static_html/ domforallamericans.org/houston-equal-rights-ordinance-falls-short-leav- downloads/reports/reports/ntds_full.pdf ing-millions-without-protections/ 4. Movement Advancement Project, "State Non-Discrimination Laws", 19. KHOU, "Voters Reject Houston Equal Rights Ordinance", http:// http://www.lgbtmap.org/equality-maps/non_discrimination_laws www.khou.com/story/news/politics/2015/11/03/early-voters-say-no- 5. The LGBTQ Task Force and the National Center for Transgender to-houston-equal-rights-ordinance/75125446/ Equality, "Injustice At Every Turn: A Report of the National Transgender 20. Media Matters for America, "How Lazy Reporting Helped Discrimination Survey", http://www.thetaskforce.org/static_html/ Kill the Houston Equal Rights Ordinance", http://mediamatters. downloads/reports/reports/ntds_full.pdf org/blog/2015/11/04/how-lazy-reporting-helped-kill-the-houston- 6. The LGBTQ Task Force and the National Center for Transgender equa/206614 Equality, "'Injustice At Every Turn' Series", http://www.thetaskforce. 21. The Texas Tribune, "Comparing Nondiscrimination Protections org/injustice-every-turn-report-national-transgender-discrimination-sur- in Texas Cities", http://www.texastribune.org/2015/11/11/compar- vey/ ing-nondiscrimination-ordinances-texas/ 7. Media Matters for America, "STUDY: Houston Media Help 22. HOUequality, "Are There Federal and State Laws that Already Misrepresent Equal Rights Ordinance", http://mediamatters.org/ Cover the Provisions Included in this Ordinance?", http://www. research/2015/08/13/study-houston-media-help-misrepresent-equal- houequality.com/are_there_federal_and_state_laws_that_already_cov- rig/204926 er_the_provisions_included_in_this_ordinance 8. Media Matters for America, "15 Experts Debunk Right-Wing 23. The LGBTQ Task Force and the National Center for Transgender Transgender Bathroom Myth", http://mediamatters.org/re- Equality, "Injustice At Every Turn: A Report of the National Transgender search/2014/03/20/15-experts-debunk-right-wing-transgender-bath- Discrimination Survey", http://www.thetaskforce.org/static_html/ ro/198533 downloads/reports/reports/ntds_full.pdf 9. Think Progress, "APA Revises Manual: Being Transgender 24. HOUequality, "Will This Ordinance Really Allow Men into the Is No Longer A Mental Disorder", http://thinkprogress.org/ Women's Restroom?", http://www.houequality.com/will_this_ordi- lgbt/2012/12/03/1271431/apa-revises-manual-being-transgen- nance_really_allow_men_into_the_women_s_restroom der-is-no-longer-a-mental-disorder/ 25. Media Matters for America, "Debunking The Big Myth 10. American Psychological Association, "APA Policy Statements on About Transgender-Inclusive Bathrooms", http://mediamatters.org/ Lesbian, Gay, Bisexual, & Transgender Concerns", http://www.apa. blog/2014/03/20/debunking-the-big-myth-about-transgender-in- org/about/policy/booklet.pdf clus/198530 11. World Professional Association for Transgender Health, "Stan- 26. The Baltimore Sun, "Teen pleads guilty to beating transgender dards of Care", http://www.wpath.org/uploaded_files/140/files/ woman at Rosedale McDonald's", http://www.baltimoresun.com/ Standards%20of%20Care,%20V7%20Full%20Book.pdf news/maryland/baltimore-county/bs-md-co-mcdonalds-beating-plea- 12. The Williams Institute, "Gendered Restrooms and Minority Stress: 20110804-story.html The Public Regulation of Gender and its Impact on Transgender Peo- 27. The Williams Institute, "Gendered Restrooms and Minority Stress: ple's Lives", http://williamsinstitute.law.ucla.edu/wp-content/uploads/ The Public Regulation of Gender and its Impact on Transgender Peo- Herman-Gendered-Restrooms-and-Minority-Stress-June-2013.pdf ple's Lives", http://williamsinstitute.law.ucla.edu/wp-content/uploads/ 13. Movement Advancement Project, "State Non-Discrimination Herman-Gendered-Restrooms-and-Minority-Stress-June-2013.pdf Laws", http://www.lgbtmap.org/equality-maps/non_discrimination_ 28. Media Matters for America, "STUDY: Houston Media Help laws Misrepresent Equal Rights Ordinance", http://mediamatters.org/ 14. GLAAD, "Resources for Media Professionals", http://www. research/2015/08/13/study-houston-media-help-misrepresent-equal- glaad.org/transgender/mediaresources rig/204926

18 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists

GLAAD wishes to thank the following for providing consultation on the contents of this guide:

Equality California eqca.org Freedom for All Americans freedomforallamericans.org The Gill Foundation gillfoundation.org Movement Advancement Project lgbtmap.org National Center for Transgender Equality transequality.org Transgender Law Center transgenderlawcenter.org

19 Debunking the "Bathroom Bill Myth" Accurate Reporting on Nondiscrimination: A Guide for Journalists

GLAAD rewrites the script for LGBT acceptance. As a dynamic media force, GLAAD tackles tough issues to shape the narrative and provoke dialogue that leads to cultural change. GLAAD protects all that has been accomplished and creates a world where everyone can live the life they love.

glaad.org facebook.com/glaad @glaad