Category Archives: Legal

Legal issues of transgender and transsexual persons.

Thailand’s Transgender People Aren’t Just ‘Ladyboys’ Anymore

The popular notion of Thailand, even among most transgender persons, is that it’s a country where transgender persons enjoy significant freedom and acceptance. The reality is that the transgender persons of Thailand have existed for a long time under a “benevolent enforcement” government attitude. Meaning that even though transgender persons do not have explicit protections in Thailand, they have been given some measure of protection via tradition. However, from the article:

For worse, the kathoey identity is widely stigmatized.  There’s a reason so many “ladyboys” do sex work—they are often excluded from ‘upper class’ professions, rejected by their families, and marginalized.  Many Thai believe that being a kathoey is karmic retribution for bad deeds in a past life.  Western discourses of medicalization have contributed to third-gender people being seen as sick or disordered. More broadly, Wong of the APTN told The Daily Beast, “transgender people still face daily challenges (use of public facilities, employment, school) largely due to not having legislation on gender recognition of transgender people.”

But relying upon the good will of the smiling policeman on the corner is rarely a secure human rights strategy. Therefore, it’s quite important to take note that Thailand is proposing explicit protections for gender identity and gender expression in its new constitution. What’s more, third-gender persons would be protected as well.

In short, it’s another major advance for our people in a country where such an advance is sorely needed.

Thailand’s Transgender People Aren’t Just ‘Ladyboys’ Anymore – The Daily Beast.

Several New Colorado Bills Are Attacking the LGBTQ Community

What bothers me, dear readers, is not so much the anti-transgender vehemence of some of the supporters of these bills, such as that of Toilet Policewoman Kim Ransom, pictured above. No, what bothers me more is that for the last several years Colorado has seen a strong pushback against treating transgender persons with dignity and respect. In this article which I’ve linked, the authors discuss three different bills introduced by arch-religious-conservatives, all of which could remove rights from transgender citizens of the state.

New Colorado Bills Attacking LGBTQ Community? | Westword.

Introducing the Transgender Newsbank

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The Transgender Newsbank is a collection of more than 400 newspaper and magazine articles from 1911-1994, organized by year and date. I have spent 3 months finding and formatting these articles for easy viewing, in addition to typing write-ups about them and linking to other topical pages. The Transgender Newsbank is the largest effort of its kind on the Internet that I can find which is freely available, and like all Transas City features is uncluttered by advertisements.

While a Transgender Newsbank may be unexciting to some, it will form the basis of an online historical library to help researchers, scholars, and anyone who is simply interested in the history of our people.

The Transgender Newsbank

Bonkers Bathroom Bounty Bill. Blech.

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A little bit of alliteration never hurt anyone, dear readers. As opposed to conservative hate, which does hurt people. It hurts in emotional and mental damage done, it hurts by creating unsafe places for minorities, and it hurts by working to set up a theocracy out of what was once a representative democracy.

Kentucky senator C.B. Embry has shown himself to be a Very Special little hobgoblin, who keeps popping up in the news with his capers. In 2013 he opposed an anti-bullying bill which would have protected students based on the gender identity and expression, as well as sexual orientation. But that was just the beginning.

You see, the honorable Mr. Embry has introduced a bill into the Kentucky legislature which would force schools to keep transgender students out of “improper” bathrooms and locker rooms. The method for his madness is to give any student allegedly traumatized by seeing a transgender person in those places $2,500 for their pain and suffering. It does not specify if a transgender person may see themselves in a mirror, they should also be awarded $2,500. Probably because Mr. Embry likely believes, like vampires, we don’t have a reflection.

Dear readers, I can actually see an upside to this policy. For example, one could get together 20 female students to “see” a transgender girl student in their locker room, then pool their $50,000 of winnings and donate them to a good cause transgender cause. And when they get tired of that, they could start building up some college funds, or even donate the legal largess to Mr. Embry’s political opponent in the next election.

Lawmaker Wants To Pay Students $2,500 If They See A Transgender Person In The ‘Wrong’ Bathroom | ThinkProgress.

Russia Says “Nyet!” to Transgender Drivers

Russia, in its never-ending crusade against the evil which is transgender persons, has now decided to marginalize the community even further by denying us drivers licenses. The reasoning?

The government says it is tightening medical controls for drivers because Russia has too many road accidents.

But the Professional Drivers Union supported the move. “We have too many deaths on the road, and I believe toughening medical requirements for applicants is fully justified,” said the union’s head Alexander Kotov.

Right.

Some observers feel that the “next logical step” will be denial of employment, government benefits, and even medical care – to essentially commit “economic genocide” against the LGBT population. And why not? The nation has done this for more than a century, getting rid of “undesirable” populations and attempting to whitewash history ex post facto. One hopes that in this day and age this would be more difficult to do – that there would be no repeat of the widespread murders under Stalin et al.

One hopes.

BBC News – Russia says drivers must not have ‘sex disorders’.

The Unwanted Bride – The Murder of Terri Williams Moore

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Newton, Iowa. May 20, 1976

Just after dawn along Interstate 80, a passing motorist spotted something which made him pull over – the figure of a person, laying on the shoulder just a couple of feet from the pavement. He got out of his car for a closer look, and saw a still form, covered by a blue blanket and pillow. A small shaggy black dog stood watch silently by the figure.

Thus begins the story of the murder of Terri Williams Moore, a transsexual woman who was murdered in cold blood by her husband in what was likely an early case of “transsexual panic.” I’ve purchased an original article on her murder and the aftermath, and conducted a small amount of research to tell the story of a sister from not-so-long ago, who went through so many trials, and yet died trying to do nothing more than live an authentic life. You can read my write-up, and download the original article from 1976, at the link below.

The Unwanted Bride

A Hard Look at the FBI’s Transgender Victimization Data

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I’ve seen several blogs report high-level results from the recently-released 2013 Hate Crime Statistics from the Federal Bureau of Investigation (FBI). Primarily, the newsworthy item is that the FBI listed only 33 cases of transgender hate crimes (that is, hate crimes where gender identity was the single motivating factor) across the entire United States for the study year. This number prima facie appears to be tragically low, but I believe that some of the anger directed at the FBI is sadly misplaced.

The FBI can only report that which has been first reported to them. The FBI is not the primary investigating agency for the vast majority of crimes, so the people who decide on whether or not a crime has a hate crime component are the local prosecutors and district attorneys. Second, a very large number of crimes against us are not reported by the victims. I personally know of three transgender persons in Kansas City who were physically assaulted for their gender identity or presentation recently. Since none of them would report the assaults to the police, those events were not officially reported.

It must also be noted that the qualification for a crime to be a hate crime is stricter than most people believe, and it involves establishing the motivation of the attacker. For example, merely using a transgender slur like “stupid tranny!” during an attack does not in itself qualify the attack as a hate crime. Words can easily be taken to be “incidental” during an attack. The government must establish that the gender identity or expression of the victim was a primary motivating factor for instigating the attack. And here we get into a bit of a quagmire, as establishing someone’s true motivations is quite difficult. Since we cannot read the minds of others, a perpetrator can simply claim “I was drunk and don’t remember saying anything like that” or “I was mad, I said a lot of things I don’t mean” as a defense to avoid a hate crime charge. Unless witnesses can give first-hand testimony or some self-incriminating evidence exists of the intent of the act, making a hate crime charge “stick” is difficult.

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That having been said, there are some interesting facts from the report which I have not seen reported elsewhere, and I’d like to focus on some of them because perhaps we can learn some helpful information. Of the 33 victims and 31 incidents:

  • 25 cases were anti-transgender hate crimes, and 8 were for gender non-conforming behavior.
  • Most attacks were perpetrated by a single individual (39 offenders total per 33 victims total).
  • 8 of the anti-transgender crimes were aggravated assault, 7 were simple assault, 4 were criminal intimidation, 3 were robbery, 1 was burglary, and 2 cases were vandalism.
  • 1 of the gender non-conforming crimes was rape, 3 were simple assault, 2 were larceny/theft, and 2 were vandalism.
  • 4 offenders were white, 17 black, 4 were of unknown race for anti-transgender crimes. For gender non-conforming crimes, 4 offenders were white, 1 was black, 1 was of multiple races, and 2 were unknown race.
  • A total of 28 incidents were perpetrated upon human beings, and the rest against a business or institution or other “victim.”
  • 2 incidents occurred at a transportation terminal, 1 at a bar or nightclub, 1 at a commercial office, 1 at a department store, 1 at a doctor’s office or pharmacy or hospital, 7 incidents happened on a surface road or alleyway, 2 incidents were in a parking lot or a garage, 5 were in a home, 2 in a restaurant, 1 at a college or university, 1 at a gas station, 1 was on tribal lands, and the rest were in an unknown location.
  • NO incidents of transgender or gender identity crime were reported in Kansas. Two incidents occurred in Kansas City Missouri.

There are in fact only a few things to be learned from such a small number of events, but if we want to assume this sample size has any validity, it would appear that the primary conclusions can be drawn about anti-transgender hate crimes:

  • They are generally perpetrated by a single assailant.
  • About half of all crimes are assaults, and rapes are uncommon.
  • They can happen anywhere, with prevalence towards the home environment and streets.

While the racial profile of perpetrators is largely black, there is no matrix of perpetrator race/victim race to analyze. Therefore, we cannot say whether the high number of black perpetrators was due to a high amount of black-on-black transgender hate crimes, or whether racial bias was a coincident factor.

Let us also not forget that hate crimes based on sexual orientation – numbering 1,461 in 2013 – may very well encompass members of the transgender community, as anywhere between 50-75% of transgender persons identify as lesbian, gay, bisexual, or some other sexual preference than heterosexual.

What is the takeaway from this data? I’ll say it’s simply this – transgender and gender non-conforming persons need to stay in groups. Since more acts are committed by a single assailant, and can happen nearly anywhere, safety in numbers becomes key. If you are at all uncertain about going to a specific location or venue, go with someone else. If it’s late and you want to leave a bar and head to your car, ask a doorman to walk with you. Tip them if necessary. Stay in groups, stay alert, and stay safe.

International Update: An Indian Transgender Newsreader and an African Transgender Poster Girl

I have two international updates for you all, dear readers, to remind us of the global struggle for our rights, and of the global narrative of our loosely interwoven stories.

The first news article which I’m sharing is the story of Padmini Prakashi, India’s first transgender television presenter. Happily married with an adopted son and a good job, Padmini is now campaigning for free sexual reassignment surgery (SRS) for all transgender Indians. To quote her from the article:

‘We’re born into the wrong body, it’s not our fault,’ she said. ‘I know so many transgenders who are struggling to pay for surgery. Their lives are frozen in time because of the costs involved. This is not our fault; free surgery should be available for all. It should be our right, along with counselling[sic] and guidance classes and education on sexual diseases. We’re not given any help, no one is trying to assist our community.’

My second article tells the story of Tiwonge Chimbalanga, who recently fled to Africa to avoid a 14-year sentence in her home country of Malawi over becoming engaged to a man.

Tiwonge’s story is a different one, including a belief that her earlier existence as a man was due to a witch’s curse, and when a tribal healer cured her of the curse, she felt she had to start living as a woman. Her trial (where she was forced to attend despite being sick with malaria) was ended when the President, under intense internationally pressure, decided to forgive her “crime.” Unfortunately her boyfriend soon left her for a prostitute, and she now lives on the verge of complete poverty in South Africa, having fled intense discrimination from her village in Malawi.

Two women on different continents, both transgender, and both fighting for transgender rights – in the case of Padmini for her community, and in the case of Tiwonge for herself.

Transgender Day of Remembrance: Making the Abstract Concrete

Yesterday tens of thousands of transgender persons and their families, allies, and supporters attended Transgender Day of Remembrance (TDOR) events around the world. Since the beginning of TDOR, the annual events have featured a reciting of the names of those who were murdered through the year. It’s a lengthy list each time, with more than 220 of them for this year’s event (I’m hedging, because some counting sites disagree on the exact number of murdered).

But hearing the names is an abstract exercise. We hear the names read out like a gazetteer of sadness and pain in this world, and we go home. This article (linked below) by the Advocate contains the stories of a small sample of those who fell this last year, removed from this world by the evil of mankind. Twenty-four women; about one-tenth of the fallen.

Please if you click on one post today, click on this one. Read a bit about these sisters and brothers of ours, and make their unintended sacrifice concrete within your heart.

Transgender Day of Remembrance: Those We’ve Lost in 2014 | Advocate.com.

Mary Jones, a Transgender Woman in 1836

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I’ve published a short historical look at transgender or crossdresser Mary Jones, who was worked as a prostitute and was discovered in 1836 when she was put on trial for pick-pocketing her male clients. Called “the Man Monster” at the time, she received a relatively light amount of treatment given the time and the moral panic of the anti-abolitionist riots passing through New York City at the time. You may read more at the link above.

For Transgender Lawyer, Change Has Been Good

Transgender professionals who are out and proud are uncommon. The higher demands of the corporate environment are bad enough, but when you are someone who directly sinks or swims based upon the reaction of your clients, the situation becomes even more dicey. And for the case of attorneys who have their own practice, sinking is more common than swimming.

My best friend in the world, Madeline Johnson, is an attorney who is an out and proud transgender woman, and she has had to fight years to build a successful practice. This article tells of another transgender attorney, Katie Sprinkle of Dallas County, Texas, and how she fought to make her way in the business world. And how she, like my friend Madeline, continues to fight on behalf of her clients every day.

For transgender lawyer with own practice, change has been good | Dallas Morning News.

Report from the Human Rights Campaign’s National Dinner by Devin

Devin HRC

The Human Rights Campaign (HRC) is an organization which some transgender people love to hate. The story is long and somewhat sordid, and involved an attempt by the HRC to support Barney Frank’s Employee Non-Discrimination Act (ENDA) in 2007, which excluded transgender protections when the more inclusive version of the bill could not make it out of Committee. The thought was that by being able to pass something, anything to get the ball rolling by protecting gay and lesbian workers, the metaphorical camel’s nose would be under the tent. The strategy failed, and the HRC has become somewhat more reviled than FOX News among transgender persons.

Others say that the HRC can never, ever change. That it is damned forever and irreparably over its past exclusionary policies. That we, who should be no strangers to change, should deny that others can?

I know the HRC let us down in the past. But it’s true that passing a gay and lesbian ENDA might have been a winning gambit which would have allowed for a much less controversial addition of transgender protections within a few years. It’s foolish to think that Washington politics operates on a “my way, or highway” mode in passing legislation. Every single piece of legislation goes through innumerable changes and churning to gain enough support to pass a vote. The HRC and Barney Frank DID throw transgender persons under the bus in 2007. BUT, I repeat BUT, it also could have been a winning strategy which COULD have achieved transgender protections years earlier than now – now, when we still have no ENDA whatsoever.

And let’s not forget – when Frank introduced ENDA in the 111th and 112th Congresses, he specifically included gender identity and gender presentation. There was no further attempt to seriously remove protections for transgender workers again, not by Frank nor the HRC. The most recent ENDA bill introduced into the 113th Congress also included transgender protections. ALL of these aforementioned ENDA versions were backed by the HRC in their form of protecting transgender workers.

So they gambled, using transgender persons as a chip in 2007, and lost. Hindsight being 20/20, we can say as transgender persons that not only was it insulting and denigrating, but it was foolish. It COULD have worked, true, but no one enjoys being a poker chip. Especially a people such as ours, arguably the most discriminated against minority in Western civilization. And we must also recognize, the mistake was not made again.

Is there no room for forgiveness? Never? The HRC for all intents and purposes appears to be making an honest and concerted effort to not even include, but to highlight transgender protections. In their annual Corporate Equality Index (CEI), which I’ve had occasion to perform an in-depth review on behalf of my company, it appears that a company which discriminates against transgender workers cannot even earn an “80” rating, depending upon how much partial credit is given. And the HRC, regardless of what you may think about it, DOES manage to get in front of corporate Human Resources folks. It does get attention, and it does get press.

As evidence of what I feel is a new, trans-positive HRC, I present to you my very good friend Devin, a transgender woman, serves on the Board of Governors for the HRC. She was recently at the HRC’s National Meeting, where she posed a question directly to Chad Griffin, the President of the HRC. Chad’s reply has helped give Devin confidence that the HRC has turned over a new leaf, and that they are on the right track. You can read more at Devin’s blog below, and I would recommend that you contact Devin directly to ask her about the HRC, challenge her, and listen to what she has to say. She has my trust.

P.S.: Devin: Sorry seems to be the hardest word – HRC and the Transgender Community.

International Travel While Trans – Another Example of How Bad it Can Be

We have seen many times over the years how transgender travelers who do not go through due diligence prior to international travel can sometimes end up in hot water. Or worse.

This story is one example of what can happen, and how bad it can be. In actuality Eliana’s story could have been much worse – she could have been deported to her hostile home country, or she could have been imprisoned or committed to a mental facility indefinitely. However, what’s happened to her – becoming a stateless refugee – is arguably not a serious improvement.

Moreover, this article really emphasizes to us that traveling without having your gender marker changed on your passport is rolling the dice on whether you have a safe and happy trip – or not.

Transgender woman’s nightmare in Hong Kong – CNN.com.

Suit Filed for Trans Teen Forced by DMV to Remove Makeup

Chase Culpepper didn’t ask for anything on a silver platter. They didn’t ask for the World on a string. They didn’t ask for anyone to crawl on their knees through broken glass. They passed their drivers license test, and wanted someone to take a freaking photograph. It’s simple. A child could do it. I once even saw a common house cat which was trained to take photographs of people.

Unfortunately, the DMV in Anderson, South Carolina, decided that taking a photograph with Chase wearing his (how Chase identifies) makeup on would be offensive to God, the Universe, and everything because it might be hiding how he normally looks.

Except of course that Chase normally wears makeup. And it’s absolutely unheard of for a woman to be told she would have to either put on or remove makeup prior to having her photograph taken by the DMV. So basically, all we have here is some incredibly minor functionary decided they were offended or threatened by a “boy wearing makeup,” and decided to make an issue out of it. And the DMV dug in its heels to defend their staffer because, well, “reasons.”

I guess they must think it’s cheaper than hiring a cat.

Suit filed on behalf of teen forced by DMW to remove makeup | Local News – WYFF Home.

Police Blotter – 1 September, 2014

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Quite a lot of sad news here I’m afraid, so stop reading right now if you don’t want to read.

I have four articles to highlight here, and I think by far the most important one is the fact that there may be a serial killer of transgender women in Detroit. The first murder occurred sometime in November, 2013, when the body of a transgender woman was found burned beyond recognition and stuffed into a trash container. The second murder occurred on 15 August, 2014, when a second transgender woman was shot in the head just a block from the first murder scene. And since that time two other transgender women have been shot, with both surviving but seriously wounded – both of them shot within blocks of the two murders. I don’t have anything I can add, save that again, we need to exercise extreme vigilance when we are on the streets. Even in a generally transgender-friendly city like Kansas City, safety first, last, and always.

Gay Pride Parade Winds Through New York City

I wish I could give a more positive update on the investigation into the murder of transgender woman Islan Nettles. Unfortunately, New York City Assistant District Attorney Nicholas Viorst has only said they are still “pursuing leads” more than a year after Nettles was murdered by a group of men in a blatant hate crime. In the photograph above, we see Laverne Cox using her celebrity status to attempt to draw attention to the crime, but to no apparent avail.

Misissippi Murderer

This next story involves a woman who preyed upon the transgender community, but in a different way: by running a silicone “pumping” business. Which unfortunately led to the death of two transgender women, Marilyn Hale and Karima Gordon. Tracy Lynn Garner, herself a transgender woman, was convicted on 29 August, 2014 of the murder of Karima Gordon, and will be facing sentencing on 2 September, 2014. I’ve warned repeatedly of the dangers of pumping silicone, some of which isn’t even medical silicone but rather nothing more than window sealant, and this story is merely sad proof that you can indeed die from this.

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The former story is a little unusual because in that case the transgender woman was the murderer. But my final story also features a transgender murderer, in this case Melissa Young, who stabbed a male acquaintance to death in his apartment when he rejected a gift of trainers (shoes) and a calendar. Young is appealing her conviction, claiming that the Archangel Michael had possessed her body, forcing her to kill an “unclean demon.” Young, who is on the right in the photograph above, apparently had a history of threatening people with knives, and is currently serving a 20-year sentence.