Diversity, Equity, and Inclusion Committee Statement on National Coming Out Day
October 11, 2024
October 11 is National Coming Out Day. On this day in 1988, activists Jean O’Leary and Dr. Robert Eichberg celebrated National Coming Out Day at the first anniversary of the National March on Washington for Lesbian and Gay Rights. This day was recognized to celebrate the courageous efforts from members of the LGBTQIA+ community to advocate for legal protections and equitable services in the public sphere. This year, on National Coming Out Day, Sanford Heisler Sharp McKnight addresses the rise of hate and abusive legislative action directed at transgender and nonbinary communities across the nation. We also wish to make a call to action to create a more inclusive environment for gender diverse clients.
Gender is a construct based on social norms, behaviors, and roles. Someone who is transgender has a gender identity that does not correspond with the sex registered for them at birth. Someone who is nonbinary does not conform to traditional binary beliefs about gender. Nonbinary and transgender identities have existed for centuries and within many cultures. Currently, it is estimated that about 1.6% of the adult U.S. population publicly identifies as transgender or nonbinary; for those under the age of 30, this percentage increases to 5.1%.1 It is important to note, however, that this data does not take into account gender diverse individuals who do not feel safe publicly providing their gender identity.
In the last few years, lawmakers have increasingly introduced legislation that restricts and undermines the rights of these individuals. For example, last year, lawmakers in 37 states introduced at least 142 bills to restrict gender-affirming healthcare for trans and gender diverse people, nearly three times as many as the previous year.2
In addition, many laws and common legal practices fail to recognize different gender identities. For example, the common usage of John and Jane Doe for anonymous filings reinforces the gender binary of male and female as opposed to a neutral third option, like J Doe or Nomen Nescio (Nomen Nescio pulling from the Latin roots, nomen meaning “name” and nescio meaning “I do not know”).3 Many statutes also use gender binary terms. For example, the Pregnancy Discrimination Act specifies that the use of “sex” in Title VII includes “women affected by pregnancy, childbirth, or related medical conditions,” which could limit its application to transgender males. When representing clients, it is important to consider these different concerns and address them in a way that furthers the overall goal of inclusivity and greater protections for the LGBTQIA+ community.
Sanford Heisler Sharp McKnight is committed to representing all individuals with dignity and respect, which includes the recognition of each person’s gender identity.
National Coming Out Day serves as a reminder of the work LGBTQ+ individuals have done to publicly live their lives. It also shows us how much work there is left to do so that everyone in the community can feel safe to be out. As we reflect on these ongoing struggles, take some time to visit the Human Rights Campaign’s page on the importance and history of National Coming Out Day.
1 https://www.pewresearch.org/short-reads/2022/06/07/about-5-of-young-adults-in-the-u-s-say-their-gender-is-different-from-their-sex-assigned-at-birth/#:~:text=At%20a%20time%20when%20transgender,they%20were%20assigned%20at%20birth
2 https://www.reuters.com/graphics/USA-HEALTHCARE/TRANS-BILLS/zgvorreyapd/
3 https://dimitripletschette.medium.com/please-forget-about-john-jane-doe-7475ea02b4de
