Feminists in Struggle has launched its YouTube Channel with the video of our Preserving Sex-Based Rights event.
CoFA’s first action after the forum was to send through U.S. mail to each member of the Senate requesting that they consider the Feminist Amendments and provide us with an opportunity to testify for these amendments. The letter is below. CoFA welcomes more volunteers as this campaign has just begun. CoFA needs feminists and our allies to call their Senators and Congress members and build our base of supporters. If you have not yet endorsed the Feminists Amendments, please sign onto the endorsement page on FIST’s website, . And spread the word!
If interested in getting involved in the coalition, please email CoFA.
November 16, 2020
To members of the U.S. Senate,
The late Justice Ruth Bader Ginsburg devoted her life to fighting for legal protections on the basis of biological sex. Congress should honor that legacy, and the legacy of so many other women who’ve fought to secure our rights, but most importantly, Congress has a duty to uphold our most basic human rights protections. The current version of the Equality Act (HR 5), now pending in the Senate Judiciary Committee, will risk erasing sex as a protected class in law, weakening protections and undermining the existing rights of females as a unique class, and the progress that’s been made toward achieving equality.
The Coalition for Feminist Amendments to the Equality Act (“CoFA”) is a national alliance of feminist and LGB organizations and individuals. We write to urge hearings on our proposal to amend the Equality Act (to receive testimony on its many problematic provisions), and to provide vital input on how those issues may be fixed. The Feminist Amendments expands civil rights laws to cover lesbians, gay men, bisexuals, transgender, and other individuals who don’t conform to gender stereotypes (roles traditionally imposed based on one’s sex), while continuing to uphold sex-based protections. In doing so, everyone’s rights are protected.
We support many of the positive provisions put forth by the Equality Act. Federal statutory protections for lesbians, gay men, and bisexuals based on sexual orientation are long overdue. We applaud the closure of the loophole that allows the use of religious freedom as legal grounds to allow any person to flout civil rights laws.
At the same time, the Equality Act’s attempt to protect transgender individuals from discrimination — through the creation of “gender identity” as a protected class — creates ambiguity, confusion, and a conflict of rights that must be addressed. The term “gender identity” is subjective, in that it describes a state of mind that may or may not be manifested in dress, grooming, or behavior. This subjectivity opens a loophole ripe for abuse. As it’s used in HR-5, the term provides no objective test useful to a court, which will ultimately litigate the conflicts sure to arise from this legislation. Failure to address these conflicts will threaten long-settled statutory and case law developed to protect the rights of females as a distinctive class.
More importantly, “gender” or “gender identity” is conflated with “sex” throughout the bill, and risks eliminating sex as a protected class in civil rights law. Merging two distinct groups — who have different sets of experiences, discrimination and marginalization — is detrimental to preserving human rights protections currently afforded to females as a uniquely subjugated class.
Female only facilities are an important legacy of women’s organizing, key to the protection of the female sex against male-pattern violence and to the broader participation of women in public life. It’s vital that these basic human rights provisions remain in place.
Male-pattern violence against females is so well-documented that Congress passed the Violence Against Women Act in an attempt to protect them from sexual and physical assault. However, such predatory violence remains pervasive as demonstrated by the “Me Too” movement and numerous well-documented instances of such violations by males in the entertainment business, the military, and even Congress. A Swedish study showed that this pattern of behavior is not mitigated by male-to-female sex reassignment surgery.
Moreover, the current bill’s “gender identity” provisions require that males who identify as women, including those with intact male genitalia (85-90% of males who identify as women retain male genitalia), must be admitted, solely on the basis of “self-identification,” into female facilities, such as, rape crisis centers, battered women’s shelters, homeless shelters, prisons, hospital rooms, communal showers, changing rooms, restrooms, and nursing homes.
Social scientists and international policy bodies have underscored the importance of maintaining separate statistics based on sex, as a key means of tracking disparities between the sexes, recording accurate data, and measuring our progress on addressing sex-based discrimination. In addition, there are multiple instances, such as within the context of health care, where having accurate information about a person’s sex, is vital, even life-saving.
By eliminating sex as a protected class, the bill, as currently written, would:
· Undermine targeted remedies for the exclusion or under-representation of women and girls in education, and in jobs and professions traditionally held by men
· Eradicate competitive women’s sports by undermining Title IX protections
· Make it impossible to measure (and remedy) disparity between the sexes, such as the pay gap and domestic violence
· Prevent the gathering of accurate crime and health statistics
See attached fact sheets for more information on the impact of erasing sex as a protected class in civil rights law, by allowing the concept of “gender” or “gender identity” to override “sex.”
The Feminist Amendments eliminate “gender identity” and instead establish two new categories in civil rights law: “sexual orientation” and “sex-stereotyping.” Doing so more effectively protects all classes, while not negating sex-based protections.
These amendments contain clear definitions of “sex” and “sex-stereotyping,” that will preserve female facilities and programs, allowing women and girls to participate fully in public life. (See attached.)
At the same time, the Feminist Amendments protect lesbians, gay men, bisexuals (and all people who don’t conform to imposed gender roles and stereotypes), including transgender people, from discrimination in employment, housing, credit, and in places of public accommodation.
These amendments also allow for the establishment of “gender neutral” facilities for individuals who may feel safer or more comfortable in such spaces, so long as the availability and access to female only facilities is not diminished. Thus, these amendments allow each protected class to continue to make progress toward achieving true equality.
One hundred years after women’s suffrage, women still get paid less, are denied equal opportunities in the workplace, and continue to be underrepresented in many fields and positions of economic and political leadership in our society, because of their sex. Females still suffer disproportionately from domestic violence and rape because of their sex. Discrimination on the basis of sex will not end if we eliminate sex as a stand-alone protected class.
No Senate action should be taken on the Equality Act without hearings to gather evidence on the conflicts outlined in this letter. We offer the Feminist Amendments to the Equality Act as our contribution to this much needed work.
We and members of our constituent organizations are prepared to sit down with you and members of your staff to discuss our concerns and appropriate strategies we might collaborate on to secure the hearing anticipated in the previous paragraph.
It is our fervent wish that you honor the legacy of our most revered jurist RBG by adopting the Feminist Amendments to the Equality Act to continue her fight to protect women and girls on the basis of sex.
Ann Menasche, Feminists in Struggle
M. Lynette Hartsell, LGB Alliance USA
The Equality Act (HR 5) that passed the House and is now pending in the U.S. Senate is positive in that it adds federal statutory protections for lesbians, gay men and bisexuals from discrimination and eliminates the use of religious freedom claims to challenge civil rights obligations. However, the bill defines sex as including “gender identity,” putting at risk the sex based rights of women and girls. The Feminist Amendments, drafted by a committee of attorneys from Feminists In Struggle (“FIST”) and approved by the membership, eliminates “gender identity” and instead establishes two new categories for civil rights protection: Sexual orientation and Sex Stereotyping. The Feminist Amendments also preserve female- only facilities, services and programs for reason of privacy and safety and advance the status of women and girls. Under the Amendments, transgender people as well as all people who do not conform to sex stereotypes are also protected from discrimination.
Please join us for this fascinating discussion on Preserving Sex-Based Rights on NOVEMBER 14th at 1 pm PST and consider joining the Coalition effort to pressure Congress to amend the Equality Act!
Ann Menasche – Feminists in Struggle and co-author of the Feminist Amendments to the Equality Act
M. Lynette Hartsell – LGB Alliance USA
Tina Minkowitz – co-author of the Feminist Amendments
Callie Burt – Associate Professor, Georgia State University, Department of Criminal Justice & Criminology, Center for Research on Interpersonal Violence (CRIV)
This forum is an interactive and organizing event. Attendees have an opportunity not only to hear interesting speakers but to meet each other, make comments, ask questions of the presenters, and discuss feminist politics together. We also tape the events with the tape only viewed by our FIST members. People in attendance are also free to shut off their cameras and mute themselves, should they prefer to do so. For the security of the event, we take attendance, and your name may be stated out loud. If you prefer to remain anonymous within the group, or plan to sign in under a different name from the name you have used for registration and purchase of your ticket, please contact the organizer prior to the event.
In commemoration of Indigenous People’s Day, Feminists In Struggle (FIST) is honored to have a young woman, Amaya Grace Hill, from the Kumeyaay Nation lead our discussion on this important topic.
Please go to Stop the Violence Feminist Forum in order to register for this event.
Don’t miss this special Zoom event on Sunday, August 30th at 1:00 p.m. Pacific Time.
Feminists in Struggle hosts:
A CENTURY AFTER WOMEN’S SUFFRAGE: THE STRUGGLE FOR THE ERA
This event will be a discussion and update on the struggle to enshrine the Equal Rights Amendment into the U.S. Constitution. This special centennial program celebrates the 100th anniversary of the winning of women’s suffrage with a special forum on the Equal Rights Amendment (ERA).
Get your tickets here – only $5!
The ERA was introduced by Suffragist Alice Paul in 1920 to establish constitutionally protected sex-based rights of women against discrimination. It says simply “Equal rights under the law shall not be denied or abridged on account of sex.”
100 years later, the ERA has been ratified by the 38 states required and feminists are fighting a court battle against the archivist of the U.S. Constitution seeking that the ERA be certified and officially added to the federal constitution.
Kamala Lopez is an award-winning filmmaker, actress and activist. Kamala co-wrote and produced the documentary, “Equal Means Equal” that documented sex inequality in the U.S. and the need for the ERA. The film won Best U.S. Documentary and was a New York TImes Critics’ Pick. The film was the catalyst behind a national movement resulting in the ratification of the ERA. Kamala is a recipient of the Woman of Courage Award from the National Women’s Political Caucus.
Natalie White is a provocative and progressive feminist and artist and a crusader for women’s rights. In 2016 she led a 250 mile march from NYC to DC to raise awareness of the Equal Rights Amendment. The day after the march, she was arrested for painting “ERA NOW” on the U.S. Capitol steps. She is co-director of Equal Means Equal Organization with Kamala Lopez.
Ann Menasche is a civil rights lawyer. radical feminist and founding member of Feminists in Struggle. She marched in NYC on August 26, 1970 to celebrate the 50th anniversary of women’s suffrage, an event that marked the beginnings of the Second Wave of Feminism. She is dedicated to preserving and expanding the sex-based rights of women and girls.
JOIN US FOR THIS IMPORTANT EVENT ON FINALLY WINNING CONSTITUTIONAL RIGHTS FOR WOMEN!!