Legislative Update
June 24, 2003
The New Mexico Human Rights Commission
Last Monday the Senate Rules Committee met in Santa Fe to consider
Governor Richardson's appointees to the Human Rights Commission.
The commission hears complaints from New Mexico citizens who claim
damages based on some sort of discrimination. One example given
by an appointee was that of a case where a radio station manager
fired a 72 year-old employee and commented that the man was just
too old for the job. The Human Rights Commission ruled in the man's
favor and had him granted back pay for his trouble.
Well, the first appointee to appear before the Senate Rules Committee
last week was a 57 year-old man from Alamogordo. His hair was coiffed
in the style of a middle aged lady, he wore women's jewelry, earrings,
lipstick, makeup and of course a dress---with purse and matching
shoes. He was a self-proclaimed cross dresser.
He also happened to be extremely articulate and well-informed. I
found this out when no one seemed to have any questions and I decided
to ask him about the role of the Human Rights Commission, its scope
and powers. He was thoroughly knowledgeable and I learned a lot
about the commission. In fact, as I told him, he probably knew as
much about the commission to which he had been appointed as any
other appointee to appear before the Rules Committee.
I ended up questioning him for perhaps 20-25 minutes. He thanked
me for being able to "tell his story," as he put it. I
also asked him a hypothetical question----one I ended up asking
all eight appointees:
"Let's say a local New Mexico school board has decided that
because very young children are highly impressionable and that the
early school years are crucial to a child's development, it is their
policy not to have 1st-, 2nd- or 3rd-grade teachers who are in any
way "gender-confused." They have decided that young children
will not be taught by crossdressers, transgendered individuals,
transsexuals, transvestites, homosexuals, or others whose behavior
might be confusing in some way to the kids.
Then, let's say, an applicant who falls into one of those categories
is denied employment as a teacher at the school. The rejected applicant
brings his/her case to the Human Rights Commission. How would you
rule?
Well, there was a great deal of explication, but in the final analysis,
the gentleman stated that he would have to rule against the school
board and in favor of the applicant.
This was not particularly a surprise. I ended up asking all eight
appointees the same question. Each one ended up saying he or she
would rule against the school board and in favor of the transsexual,
transvestite, transgendered person, crossdresser, or homosexual,
as the case may be.
The final appointee was a lady from Silver City. After she became
the eighth commission appointee to answer the question the same
way, I asked her to define "diversity" for me. She said,
"Well, what we have seen here today, senator, is diversity.
Look at the appointees to the Human Rights Commission who have appeared
today. This is a wonderful example of diversity. I mean, we have
had an African-American, we have women, two Native Americans, a
crossdresser, a homosexual, an Anglo, and
me, an Anglo woman who was born Jewish. Who am I leaving out?"
"Well maybe, you would want to include the Hispanic appointees,"
I answered, helpfully.
"Oh, yes, of course, I forgot. Isn't it wonderful. This is
diversity in action. The governor has done a magnificent job of
achieving diversity on this board. It reflects New Mexico and it
means everyone has a
voice."
"So diversity is achieved mainly based on the racial and ethnic
makeup of a given board or commission?" I asked. "When
you get representation from racial, ethnic and sexual behavior groups,
you are achieving the goal of 'diversity?' " .
"Yes, diversity means giving a chance for all these voices
to be heard. And this commission allows for that because of the
diversity of our membership."
"What about diversity of thought?" I asked. "What
about diversity in ideas, in intellect, in thinking, what about
the diversity of opinion, or of philosophy?" Isn't that a part
of real diversity? Isn't there something to diversity other than
mere racial, ethnic and sexual behavior categories? Isn't there
an intellectual
component to it?"
"I don't exactly see where you are going with this."
"Well," I said, "While you all represent these 'diverse'
ethnic and racial and sexual groups, interestingly, you all think
exactly the same. I mean you gave exactly the same answers to the
hypothetical question I posed. To me, true diversity means much
much more than checking blocks on a census form. It has to include
room for something outside of mere racial, ethnic and sexual categories.
You can have perfect 'diversity' by that definition, but if all
appointees are all marching in lockstep on each question posed,
it would suggest something well short of real diversity."
"Oh, I see, she said. I see your point. I hadn't thought along
those lines. That's very interesting to look at it that way."
"Thank you madam chair and members of the committee,"
I said.
I voted for all of the nominees. They are qualified. They are the
governor's choices. But we do not have diversity.