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Tripping Over a Leg Up

Is there such a thing as gay affirmative action? Could a well-meaning aid to the advancement of LGBTs result in more discrimination?


TRIPPING OVER A LEG UP X390 (TOMO COCOTOS) | ADVOCATE.COM

Last May, Aiden Quinn was texting his girlfriend while operating a moving vehicle—a dangerous activity under any circumstances, but especially reckless considering that Quinn wasn’t driving a mere automobile. As a trolley driver for the Massachusetts Bay Transportation Authority, which operates Boston’s subway and bus systems nicknamed the “T,” Quinn was at the helm of a train carrying dozens of people underground. Buried in his digital billets-doux, he wasn’t alert when the train sailed through a red light and rammed into the back of another trolley. Luckily, no one was killed, though nearly 50 people were injured, and the resulting lawsuits could cost the T millions.

Media attention slowly drew away from the details of the accident to something far more sensational: Quinn is female-to-male transgender. This immediately provided fodder for all manner of disparaging comments, and given the way in which transgenderism—something of which most Americans are utterly ignorant and view as peculiar—was suddenly thrust into the mainstream media spotlight, it was understandable that transgender organizations would go on the defensive. “Anything related to his gender identity would be irrelevant and further perpetuate unnecessary sensationalism,” read a statement from the Massachusetts Transgender Political Coalition. “Media outlets should be reporting on the facts of the case and not using sensationalistic coverage of a person’s identity or former name when neither has a bearing on the case.”

Quinn’s trans identity had nothing to do with the collision; being transgender (or gay or female or black or left-handed) does not make one more likely to text while driving. But that doesn’t mean that his gender identity was utterly “irrelevant.” Indeed, Quinn’s transgenderism became fair game when the allegation arose that he had benefited from it to get his job in the first place. “[Quinn] was initially hired as a minority and used her [sic] transgender status,’” an MBTA source told ABC News. The MBTA rebutted that charge, saying that Quinn was hired through a job lottery, although the T does advertise itself as an “affirmative action employer.”

Consider the following: Quinn had received three speeding tickets and was involved in a motor vehicle accident during the seven years prior to the accident. Amazingly, these violations do not disqualify one from working for the T, which may say more about lax government hiring standards and the power of public employee unions in Massachusetts than it does about political correctness. But is it not fair to at least raise the question of whether Quinn would have been treated differently were he not transgender?

Regardless of the specifics surrounding this particular incident, the prospect of preferential hiring on the basis of homosexuality and transgender identity poses troubling questions. At this point it’s a largely hypothetical issue. In most states employers can fire or refuse to hire LGBTs solely because of their sexual orientation or gender identity. So the idea of asking for special preferences is more than akin to the metaphor of beggars acting like choosers. But in the country’s more “progressive” institutions, the notion of gay affirmative action is not so theoretical. At the 2006 annual meeting of the National Association for College Admission Counseling, the subject of affirmative action for gay students came up and found some adherents, including an admissions officer at Vermont’s prestigious Middlebury College. The school’s assistant director of admissions told the website Inside Higher Ed that gay students bring “a unique quality,” which is important as the school tries hard not “to be too homogeneous.” Don’t be surprised if, within the next few years, the nation’s top colleges add homosexuality to their list of applicant “attributes,” giving gay students the same leg up that athletes, children of alumni, and some racial minorities also enjoy.

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Reader Comments
  • Name: Zoe Brain
    Date posted: 2/9/2010 11:51:47 PM
    Hometown: Canberra

    Comment:

    Given that Aiden Quinn only came out as Trans after he was hired.. and that there's adequate objective proof that he was hired through the normal lottery process..what one really has to ask is why an "anonymous MBTA" source would deliberately lie about that. And why did ABC report that without checking. If we're not careful, this falsehood will become as difficult to eradicate as the Bush "Plastic Turkey" one. All it needs is someone reputable to give "both sides of the story" without actually checking the objective facts, and then pass it off as "regardless of the exact circumstances", and it will be accepted as true. One has to ask why this happens. Why does someone who doesn't consider themselves bigoted or prejudiced act exactly as if they were? And why is it that they're not alone, it's not just one or two people, it's whole organisations, regardless of political leanings?

  • Name: Mike
    Date posted: 2/9/2010 7:11:48 PM
    Hometown: Houston

    Comment:

    Kirchick's premise is based on a hypothetical that is neither contemplated or called for in ENDA... nor is it the experience of employers or universities in states that already have robust employment non-discrimination protections for sexual orientation and gender identity. Unlike minority set-asides or affirmative action programs, ENDA (like the hate crimes bill) is quite explicit on the limitations (religious and otherwise) of the law. No historical redress is included -- and no one has asked for it. When the Matthew Shepard Act was being debated, we all heard the lies about 'preaches being arrested for proclaiming the gospel' -- and now, we're likely to hear the equally false assertion that ENDA means quotas for GLBT people. Instead of using this canard as a jeremiad against affirmative action, how about a REAL discussion of how to make the workplace inclusive for GLBT employees. ENDA is the floor -- baseline employment behavior. The real work starts after that.

  • Name: Javier
    Date posted: 2/9/2010 6:55:03 PM
    Hometown: Houston

    Comment:

    First, being gay is a big part of my life. I LOVE being gay. Second, I want gay people's potential realized. There is so much potential. Gay people have a lot to offer. We shouldn't follow other groups' ways. Third, gay people especially gay men have always been draw to higher education which means their is a high number of gay people with degrees. We should encourage even more gay people to get degrees because studies have found that gay people with degrees are more likely to find partners and have healthier lives. Fourth, gay people have been oppressed for millennia. Anti-gay bigotry is so omnipresent. Our very existance is continually questioned.

  • Name: Mark
    Date posted: 2/9/2010 2:12:28 AM
    Hometown: Elizabeth, Colorado

    Comment:

    In some cases, gay affirmative action is approproiate - for example homeless gay teens who have been thrown out of their own homes at age 12 and who have been surving any way possible living on the streets. When there are underlying mitigating circumstances, such as parental abandonment which resulted in a young gay or lesbian person's right to an education, then the economic consequences are significant and life-altering. A throwaway gay child who grew up exploited, abused, neglected or turned away in favor of heterosexual welfare mothers who continue to bilk the system by popping out more kids is an injustice. Yes, in certain circumstances, gay affirmative action is appropriate - but only when mitigating circumstances are present which denote a degree of born powerlessness and lifelong economic reprocussions due to both a parent and states failure to act and provide a young person the right to an education. A bullied gay child, or heterosexual child, who lives in fear, not learning, who is beaten by his or her peers, sometimes also abused or neglected at home, deserves assistance or at least a shot at life. We as a society cannot save everyone, but where there is a legitimate bridge to build, then one should be built. For those who came out into our adulthood, and managed to pull ourselves up into successful careers, then we are not economically disadvantaged and gay affirmative action is not appropriate. Sexual orientation alone should not be considered in blind regard. There are plenty of examples of gay and lesbian people from all walks of life, all socioeconomic classes, who have thrived on our own, and to accept gay affirmative action blindly is to invite heterosexual resentment. Many to most GLBT people have suffered major psychological trama from the closet and a inhospitable society that existed years ago and still resonates in certain parts of the country. However today we have ways out of the closet and towards affirming and credible information and support. Some are not so lucky and gay affirmative does have it place with young people who without some degree of support from others, simply do not have a chance at life. For most of us who are adults and over the age of 25 or 30, then there are considerably fewer cases in which gay affirmative action is appropriate.



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