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1 RESOLUTION #3F 2020 FALL SESSION 2 3 Legislative Action: 4 Introduced by: Senator R. Harper (A)(S)(E), Senator D. Rodriguez (A)(S)(E), Senator R. 5 Regalado (A)(S)(E), Senator B. Southern (A)(S)(E), Senator S. Musa (S), Senator T. Mondloch 6 (S), Senator E. Hotz (S)(E) 7 8 1st Reading: 9/2/2020 Referred To: Steering and Rules 9 2nd Reading:_______ Committee Action: 5-0-0-0 10 3rd Reading: _______ Senate Action:___________ 11 12 13 Executive Action: 14 15 __________________________________ _________________________ 16 ASUNM President Date 17 18 WHEREAS, the Associated Students of the University of New Mexico (ASUNM) Government 19 is the representative body of the undergraduate students and promotes student success; and 20 21 WHEREAS, the University of New Mexico (UNM) is a higher education institution that 22 promotes inclusivity and fosters respect for students of all backgrounds, and actively defends the 23 rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ+) faculty and students; and 24 25 WHEREAS, UNM has curated resources, initiatives, and policies dedicated to LGBTQ+ student 26 growth, both personal and academic, including but not limited to the LGBT Collaborative, 27 LGBT Patient-Centered Care Training and Education, Safe Zone Awareness, Safe Zone 28 Training, LGBTQ Resource Center Art Gallery, Cafe Q* Lecture Series, LGBTQ* Library, 29 Universal Restroom Initiative, PRIDE Scholarships, Affirmed/Preferred First Name Initiative, 30 UNM Regents' Policy 2.3, Policy 2720, National Coming Out Day Events, SHAC Gender- 31 Affirming Hormone Therapy, expanding upon existing efforts is a continued endeavor that 32 welcomes new initiatives; and 33 34 WHEREAS, more than one point four (1.4) million adults in the United States (U.S.) openly 35 identify as transgender, or with a different gender than their assigned sex at birth1; and 36 37 WHEREAS, there are widespread stigmas against LGBTQ+ people that persist in many areas of 38 society, and this overall discriminatory environment which have led to systemic violence, 39 rejection by family and social circles, and lack of representation in many areas; and 1 https://williamsinstitute.law.ucla.edu/publications/trans-adults-united-states/ 40 41 WHEREAS, there have been numerous cases on U.S. college campuses where LGBTQ+ 42 students and identities have been made targets of discrimination and harassment, which have 43 continued through recent years; and 44 45 WHEREAS, in 2000, a woman at UNM who faced a parking ticket from a fraternity’s lot was 46 met with her car being vandalized with tape in the shape of a swastika, and a threatening note 47 which contained the sentence, “By the way, I have no problem with hitting lesbians.”2; and 48 49 WHEREAS, transgender individuals who repeatedly face discrimination or lack a support 50 network of family/friends have a thirteen percent (13%) suicidality, as opposed to six percent 51 (6%) of those who do not tend to face discriminatory treatment3, with these rates often being 52 exacerbated by factors such as economic insecurity, and instances of harassment/violence, all of 53 which have been prevalent issues for transgender individuals in recent decades, alongside other 54 factors; and 55 56 WHEREAS, Black transgender people face a particularly disproportionate rate of violence, with 57 upwards of twenty-five (25) Black transgender people being murdered annually in the U.S.in 58 recent years; and 59 60 WHEREAS, there are continual continuous efforts by politicians and other groups to limit 61 LGBTQ+ individuals’ protections under the law, although legal discrimination against them in 62 several key areas has been ruled unconstitutional in several landmark decisions of the U.S. 63 Supreme Court, including Obergefell v. Hodges4 (2015) overturning all state same-sex marriage 64 bans, Bostock v. Clayton County5 (2020) prohibiting employment discrimination based on 65 sexuality or gender identity), and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment 66 Opportunity Commission6 (2020) prohibiting employment discrimination based on gender 67 presentation); and 68 69 WHEREAS, on Friday, June 12, 2020, U.S. President Donald J. Trump’s Administration 70 completed its move to officially legalize discrimination against transgender and gender- 71 nonconforming individuals in treatments by healthcare professionals, by way of striking a 2016 72 rule in the Affordable Care Act relating to Civil Rights; and 73 74 WHEREAS, the timing of this action has been widely criticized throughout the country as 75 displaying a skewed sense of priorities within the Executive Branch, as the COVID-19 pandemic 2 https://casetext.com/case/majedi-v-regents-of-the-university-of-new-mexico 3 https://williamsinstitute.law.ucla.edu/publications/suicidality-transgender-adults/ 4 https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf 5 https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf 6 https://www.supremecourt.gov/search.aspx?FileName=/docket/docketfiles/html/public/18-107.html 76 continues to cause thousands of new cases and deaths across the country, with little action being 77 taken in terms of official policies at the Federal level to slow its spread; and 78 79 WHEREAS, the date of this rule change is significant to many in the LGBTQ+ community, as it 80 coincides with the fourth (4th) anniversary of the 2016 Pulse Nightclub shooting in Orlando, 81 Florida, in which domestic terrorism was inflicted against patrons on a nearly unprecedented 82 scale, and has been made into a major memorial for LGBTQ+ individuals who were victims 83 there; and 84 85 WHEREAS, the aforementioned rule change is just one major example of the current 86 administration’s effort to remove rights and protections for transgender individuals, including: a 87 2017 ban on transgender people serving in the military, rescinding rules within the Department 88 of Education which allowed transgender students to use restrooms and participate in sports teams 89 consistent with their gender identity, the Justice Department’s decision to rescind protections for 90 transgender prisoners, and the Office of Personnel Management having rescinded protections for 91 transgender individuals employed by federal contractors; and 92 93 WHEREAS, additionally, state and local “bathroom bills” aimed to force transgender individuals 94 into using public restrooms differing from their gender identity, among ways in which 95 governmental officials and laws have been embedded in legal systems to legitimize 96 discriminatory behaviors and social norms which leads to the common discomfort for 97 transgender individuals in seeking assistance; and 98 99 WHEREAS, there has been further rhetoric steeped in bigotry against transgender and gender- 100 nonconforming individuals from the current administration, further legitimizing such prejudices 101 in the general public; and 102 103 WHEREAS, in one example of such discriminatory rhetoric, U.S. Secretary of Housing and 104 Urban Development Ben Carson purporting that, in looking for access to women’s shelters, “any 105 man,” as he refers to transgender women, is allowed to be accepted under previous policies 106 “simply by asserting that his gender is female, to obtain access to women’s shelters and even 107 precludes the shelter from asking for identification”7, sentiments which have been expressed in 108 ignorance by many politicians and others in recent decades; and 109 110 WHEREAS, UNM official policy forbids unlawful discrimination in sex, sexual orientation, and 111 gender identity, applying with regard to “recruitment, admission, extracurricular activities, 112 housing, facilities, access to course offerings, counseling and testing, financial assistance, 113 employment, health and insurance services, and athletic programs for students,”8; and 7 https://www.nytimes.com/2020/07/24/us/politics/trump-transgender-rights-homeless.html 8 http://catalog.unm.edu/catalogs/2020-2021/policies.html 114 115 WHEREAS, the UNM Administrative Policy 2720 provides for the general effort amongst those 116 of the university population to create a welcoming environment for transgender/gender- 117 nonconforming individuals in the areas of use of preferred names/pronouns, as well as allowing 118 for the use of public restrooms consistent with one’s gender identity, stating, “This policy 119 prohibits discrimination and harassment based on gender identity or gender expression… The 120 University is committed to using preferred or affirmed names and pronouns wherever possible in 121 the course of University business and education.”9; and 122 123 WHEREAS, measures which have shown to be beneficial to the well-being of transgender 124 individuals include affordable access to gender-affirming therapy and healthcare, freedom from 125 discrimination in employment, services, and other areas, as well as supportive and understanding 126 social circles; and 127 128 NOW, THEREFORE, LET IT BE RESOLVED, that ASUNM encourages opportunities for 129 transgender and gender-nonconforming individuals to have access to a welcoming social space 130 and resources they need in healthcare, housing, and other areas necessary in order to remain 131 viable, in order to minimize the harmful, destabilizing effects of such rules and rhetoric; and 132 133 NOW, THEREFORE, LET IT BE FURTHER RESOLVED, that ASUNM supports ways to 134 ensure a presence of resources on UNM’s campus for LGBTQ+ people in need, as well as 135 providing organizations that cater to LGBTQ+ people, allowing them to meet with
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