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Maricopa Community Colleges include gender identity in non-discrimination policy

By Glenn Gullickson

In the end, it came down to an issue of civil rights as the Maricopa Community Colleges Governing Board added gender identity as a protected class in its non-discrimination policy.

"To me, discrimination is discrimination," said Randolph Lumm, board president, as the group voted 3-2 to amend the policy at its meeting Sept. 27 in Tempe.

Lumm noted that the effort is part of a movement of laws and court decisions toward protecting transgender individuals as part of non-discrimination policies. Arizona State University and the University of Arizona are among the schools that include gender identity in non-discrimination policies.

The proposal was put forward this summer by Equality Maricopa, a group of Maricopa Community College employees and allies, and supported by the administration of the colleges. A similar proposal was considered in 2008, but never reached a vote of the board.

Lori Girshick, former president of Equality Maricopa, told the board that the gender identity issue is a classic civil rights struggle. "This is happening now because it's the right thing to do," she said. "This is an opportunity to be on the side of fairness and positive social change."

Girshick said a significant number of people do not fit in traditional "gender boxes" and the group is becoming increasingly visible. Including them in the non-discrimination policy sends a message that they are "acknowledged, welcomed and affirmed by us," she said, noting that a similar policy was approved to cover federal workers in 2010.

Sharon Slater, president of Family Watch International, a conservative advocacy group based in Gilbert, spoke in opposition to the change. She said current disability and anti-harassment policies cover issues encountered by transgender students and staff.

Slater warned that the new policy could be abused, suggesting a biological male who identified as a female and could demand the use of bathrooms and locker rooms of the opposite sex.

Slater said that 550 members of her group had e-mailed the board to oppose the policy. The group had also led opposition to the policy change in 2008.

Board member Debra Pearson, who voted against the change, said she was satisfied with enforcing current policy and opposed adding another class to the non-discrimination policy. "My question is when does the list stop?" she said. Creating lists causes discrimination by excluding others, she said.

Pearson said she was offended by the tactics of supporters for the change. She claimed that they "use hateful terms to describe anyone who disagrees ... It's intimidation and harassment in reverse."

Board member Dana Saar also voted against the policy. "We don't have the problem in Maricopa County that the rest of the country and the world has," he said.

Voting in favor, board member Donald R. Campbell, noted the history of discrimination and segregation of people of different colors and beliefs. "We're asking for another change here today," he said. "Hopefully we will improve the welfare of all of the citizens."

Board member Boyle Burke also voted in favor of the change.

Suhail Rahim, president of Associated Students at Mesa Community College, said his group had coordinated events to bring the issue to the student body. He said the Student Senate in Mesa had passed a resolution supporting the policy change and requesting more diversity training.

The meeting drew a standing-room-only crowd. Selected from 22 members of the public who requested to speak in favor of the change were the Rev. Bradley Wishon, vice president of No Longer Silent Clergy for Justice, and Madeline Adelman, co-chair of the Phoenix chapter of Gay, Lesbian and Straight Education Network (GLSEN).

The non-discrimination policy also protects race, color, religion, gender, sexual orientation, national origin, citizenship status, age, disability, veteran status and genetic information.