Legislation And Policy Changes Aim To Stop Discrimination Against Trangender Nebraskans

March 5, 2015, 6:45 a.m. ·

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Elle Barts will be the first to acknowledge when you’re in your early twenties and right out of college, you probably should not set your hopes too high on finding a job right away. But with this one, she felt like she had a pretty good shot. The makeup counter at the mall was almost kind of a "gimme."

"Because I do makeup," Barts explained. "And I told them I was trans, and I thought, ‘It’s a makeup store. This is obviously queer friendly- this is a very queer-friendly environment.’”

But Barts, a trans woman, had only just begun the transitioning process - going from male to female. She had not undergone hormone therapy yet and had not legally changed her name, which at that time was still Eli.

Elle Barts identifies as a trans woman- meaning she was born genetically male, but lives as a female. She's preparing to enter a graduate studies program at the University of Nebraska-Lincoln. (Courtesy Photo)

“They said, ‘Until everything is legally changed in Nebraska, I would have to present as male,' which is difficult. I was unable to do that, and I thought (it all) was a little odd. Then I didn’t get the job,” Barts said.

She has since found different work, but worries about its stability.

Barts says she also knows her employment rights are limited compared to other groups.

“If you decided to take off age discrimination, or disability, or race, there would be an uproar," Barts said. "You can’t discriminate against that. But you can very easily discriminate, legally, against gay men and women and transsexuals.”

And she is not the only one who feels that way.

In January, Lincoln state senator Adam Morfeld introduced a bill that would prohibit discrimination in hiring and keeping employes based on sexual orientation and gender identity.

“This is a big problem. A lot of people are afraid to speak out because they are not provided equal protection under the law. There are people being fired in our state for who they are and who they love,” Morfeld said.

The bill has since been voted out of committee, but has not been scheduled yet for debate in the full Legislature. In the meantime, Morfeld says he remains optimistic about the bill’s chances.

NET News' Ben Bohall looks at some of the experiences of young, Transgender adults in the first part of our in-depth report “Transgender Nebraska.” He sat down with two members of the community to hear about their experiences "coming out" and some of the challenges they face on a daily basis.

“Why not 10, 20 years ago? Or even before that? For me, this is something that’s been long overdue. I believe that the particular time has come now because of changing national attitudes toward this issue and acceptance. I brought this because for me this is unfinished business,” Morfeld explained.

Morfeld’s bill has not been the only recent attempt to reach out and accommodate Nebraska’s transgender community.

University of Nebraska-Lincoln graduate student Ezra Young did not feel like he could live on campus in the dorms as an undergraduate student. Young, who was born female but identifies as trans male, says it really was not an option at that time.

“In UNL’s system, I’m Marie. In UNL’s system, I’m female. If I had tried to get housing there, I would have been with women. So it was out of the question from the start,” Young explained.

In January, UNL announced it would start to offer dorm space exclusively for trans students. It joined a growing number of major college campuses that have begun introducing the option. Sue Gildersleeve, the director of housing at UNL, says a big push came from the student body.

“Every reaction we’ve heard from students has been, ‘Yes, this is necessary. We’re excited that you’re making this move and opening the door for transgender students, particularly to have a better place to live while they attend UNL.’ Those reactions have been positive, and I think it all comes from students understanding it’s important for students to have a welcoming and safe environment where they live.”

Gildersleeve says the university has set aside enough room for about seven residents, but they are gauging interest from prospective trans students, and will determine whether to expand from there. Young says he is excited about the university’s decision and thinks it’s a step in the right direction.

In January, Lincoln state senator Adam Morfeld introduced a bill that would prohibit discrimination in hiring and keeping employes based on sexual orientation and gender identity. (Courtesy Photo)

The hope for lawmakers like Morfeld has been to find a way to retain members of the trans community in Nebraska. Barts, who is now preparing to enter graduate school at UNL, says people often ask her why she does not just move to a different city or state - maybe one that’s more accepting of trans people.

“I like Nebraska. I like where I live. I like my friends," Barts said. "If there are no gay people or no trans people in this state, then Nebraska will never change… Ideas are changing. That’s because Nebraskans have met upstanding gay men, lesbians, and transsexuals. They’re realizing that they do grow up, get jobs, and becoming amazing members of our society. If we all fled, then we’re losing that example. I want to be an example to people, to the straight, heterosexual community, that it’s normal. And it’s no different than how they lead their lives."