Latest News - 24 Oct 2002

On a personal level this happened to me on 27 Sep 2002.

So Friday night I was out in Cedar Park at my study group for another class. On my way home I had the misfortune to see the fatal wreck at Lakeline mall. The paper listed it as a red mustang loosing control at 620 and 183. After helping out (during my 12 years in the military I was a CPR / First Aid instructor) I proceeded to give my statement to a young policeman. After giving my statement, the policeman looks at me and asks me for some ID. Not thinking anything of it I went into my purse and handed him my drivers license. Then he looks it over and asks me if I know the number on it. I gave it to him and I started wondering what was going on. The he looks at me and says, "Racheal, this is your ID right?" I told him it was and I could show him more if he really wanted to see it. Since he did I showed him my Social Security Card, VA Disability Card, SEU ID card and credit cards - all with my name on them. Then he looks at me and says, "I am only going to say this once and if you lie to me I am going to arrest you and take you down town. Now is this your ID?" Once again I told him it was. He then starts in with, "Aren't you a guy in a dress?" I told him, "No I am a Transsexual and that I have Court Documentation entitling me to be recognized as a woman." Well he wanted to see a copy of the court order (for those that don't know about this - in order to get legal documentation changes you have to go to court and present a case to a judge. Then the judge makes a determination and renders a verdict - if you can or cant have it done. If granted this is the legal document you have to present and all state agencies are bound to accept it.) Since I always carry a copy with me I was able to show it to him. These orders are embossed with the seal by the court notary, but he started into claiming that it was also fake. By this time I had been hassled for about 2 hours. I told the policeman, "My babysitter went home 1/2 hour ago and my children have been home alone for that time. And I asked him to either book me or let me go." This was so I could get home with my children as they had been without a babysitter for 30 minutes. He was more than ready to take me in for booking - on what charges I have no idea. So he went over and talked to the Sergeant at the scene. He proceeded to tell the Sergeant the story . When the Sergeant walked my way I was nervous. The Sergeant apologized for the over-exuberance of the young policeman and told him to let me go on my way. The whole thing took over 3 hours to resolve and I didn't even do anything other than see a wreck happen. I was too upset by the whole incident to even think about getting names. I have many friends that tell me I am too uptight sometimes and that I should relax. Several of them have told me not to be so paranoid about things as they have been going well over the past year. Many times I feel just like I did over in Iraq in '91 or on the covert missions where death was a real possibility - Always on the edge and paranoid. Living too long that way has been proven to be detrimental to a person. Yet as a member of the most discriminated against group what choice do I have? As a TS I do not have the meager protection that homosexuals have. I think this incident just shows that we still have a long way to go

 

HRC RELEASES GROUND-BREAKING PUBLIC OPINION RESEARCH
ON TRANSGENDER ISSUES
Public is Broadly Aware of Transgender Americans, But Much More
Education Is Needed, Says HRC

WASHINGTON — The Human Rights Campaign announced today the findings of a landmark HRC-commissioned poll conducted by the firm Lake Snell Perry & Associates Inc., that focuses on public perception of transgender issues. The poll shows that while most people accept that a person can be transgender, more education is needed to help people better understand the lives of transgender Americans, says HRC.

"The data shows that most people want to treat transgender Americans fairly and protect them from workplace discrimination and hate crimes," said HRC Communications Director and Senior Strategist David M. Smith. "Still, the majority of Americans report being uncomfortable about transgender issues, especially when confronted with the challenges that transgender people face."

Seventy percent of Americans have heard the word transgender and a majority have, on some level, contemplated the issue.

"The concept of transgender is something that the public is aware of, if not focused on," said Celinda Lake, of the polling firm Lake Snell Perry & Associates Inc. "Most people accept that it is possible for a person to be ‘born as one sex but inside feel like the other sex.' However, many are confused about what transgender means, and which people would be considered transgender."

All voters overwhelmingly favor transgender students attending public schools, according to the poll results. Additionally, despite differences between sympathizers and opponents, there is a strong general consensus that no one should be subjected to violence and discrimination because of who they are. There are, however, differences between the two points of view on how to address these issues.

The poll found that sympathizers who believe in transgender equality favor transgender-specific laws and opponents prefer using what they erroneously believe to be existing laws to protect transgender people. However, the fact remains that there are very few jurisdictions in this nation that prohibit discrimination against transgender Americans, says HRC.

Additionally, the poll found a very critical correlation between whether the public sees being transgender as a moral issue and whether they think people have a choice about being transgender.

"Three-quarters of those who say being transgender is a choice, also see it as a moral issue," said Lake, "while two-thirds who do not see it as a moral issue say people are born transgender."

Despite some negative segments of the population, much of the public expresses interest and concern for transgender people. The majority of respondents disagree with statements that say, "I do not care about transgender people," "I don't want to hear about transgender people," "There is no reason to worry about such a small minority," or "Transgender people get what they deserve." Conversely, the majority favors laws to protect transgender people's rights. Transgender individuals also face the same problem as gay and lesbian Americans, in that a great number of people believe that the law already protects these groups.

"The data clearly suggests that a strategic, step-by-step educational campaign that focuses on broadly supported issues - such as hate crimes and discrimination protection -- are the best place to start on the road toward equality," said HRC's Smith.

Among other findings:
*
61 percent believe the country needs laws to protect transgender people from discrimination.
*
57 percent incorrectly believe that it is not legal to fire a person just because they are transgender.
*
67 percent agree that it is possible for a person to be born as one sex, but inside feel like another sex.
*
53 percent believe it is "all right" for a person to be transgender, while 37 percent believe that it is wrong.
*
77 percent of people believe that transgender students should be allowed to attend public schools.
*
48 percent of Americans would have "no problem" working with a transgender person, while only 8 percent claim they "would not" be willing to.

The Human Rights Campaign is the largest national lesbian and gay political organization, with members throughout the country. It effectively lobbies Congress, provides campaign support and educates the public to ensure that lesbian, gay, bisexual and transgender Americans can be open, honest and safe at home, at work and in the community.

 

RE: For the 2nd Time, Supreme Court says SURGERY DOES NOT MATTER!

Just as the U.S. Supreme Court refused to hear the Littleton case, as they did two years ago, the same court has said that it doesn't want to hear the Gardiner case either.

By doing this the DC9 are letting stand lower court rulings in Texas and Kansas that say the following:


1. Genital corrective surgery does NOT matter for the legal status of male or female. 

2. What does matter is XX and XY chromosomes that are presumed, not tested. 

3. The chromosome presumption is from birth genitals, not testing. 

4. The Intersexed do not legally exist. 

5. SAME-GENITAL MARRIAGES REMAIN LEGAL in those states that presume chromosomes (parts of Texas centered at San Antonio, and Kansas) and those states that will not amend birth certificates regardless of the genital surgery (Ohio, Tennessee and probably a few others) if the presumed chromosomes are different.
6. Constitutionally imposed Full faith and credit given to the laws of one state by another state are now passé! Consider the ramifications of that!

So, thanks again to the DC9, anyone who ever bothered to have genital surgery has wasted their money -- from a legal standpoint, that is. And, the HBIGDA has no real reason to exist in the United States.

And those who have married into penile-vaginal relationships (as did Littleton and Gardiner), you can just forget it. I suggest that you get a federal passport as your legal sex identifier and get married all over again.

Who shall we thank for this mess? Anyone who, during the last 22 years, has voted for conservative state legislators, conservative governors, conservative members of congress, conservative presidents and, in those states that elect judges, conservative judges. These conservative law makers, conservative rulers and conservative appointers, are the people who have created the legal hurdles in statutes or who have appointed conservative judges who made such burdensome rulings.

These conservative elected folks have been pushed on us for decades by the right wing religionists who want their extreme beliefs imposed in our government are no different from the Muslim extremists who have pushed their own brand of theocracy in countries like Afghanistan. That is why separation of church and state is important.

Why do people vote conservative when their very life is an ANATHEMA (50 cent word, look it up) to conservative elected officials who make or rule on the laws that DIRECTLY EFFECT THEM?

Well, I have written this before, but now I will write it again.

Why doesn't LAMBDA, or NCLR or HRC or NGLTF or GLAD or ACLU or other legal groups use the transgender inability to alter legal sex status and the Intersexed inability to legally exist as the wedge test for equal protection arguments to push for the legalization of GLB same-sex marriage? For details, read my law review article entitled "Same-Sex Marriages Have Existed Legally ...,." on my website at http://transgenderlegal.com

Phyllis Frye
a.k.a. the Phyllabuster
http://transgenderlegal.com

A 17 year old California high school student by the name of Gwen Araujo was brutally murdered in early October by four young men she encountered at a friend's house party. The men, suspecting that Gwen was in reality a genetic boy, forced her to remove her clothes. Their suspicions were confirmed. According to the police report, the men allegedly beat her,

gashed her head, and dragged her semiconscious body to the garage where they tightened a rope around her neck until she seemed dead. Then they drove her body 150 miles to a remote spot in the Sierra foothills and buried her in a shallow grave.

Boston passes TG protective ordinance --even if just one is protected

 

Council OK's transgender bill

Vote would broaden rights protections

By Alice Gomstyn, Globe Correspondent, 10/24/2002

 

The Boston City Council yesterday approved a measure to protect transgendered persons from discrimination, passing it over the vehement objections of Councilor James Kelly of South Boston. The ordinance, authored by Councilor Chuck Turner of Roxbury, would expand city antidiscrimination laws covering race, religion, sex, and sexual preference to include ''gender identity or expression.'' It now goes to Mayor Thomas M. Menino. While nine of the council's 12 members supported the move, Kelly argued that transgendered persons don't face discrimination in Boston. ''I don't know why we should be voting to prohibit something where there is no evidence that it exists,'' Kelly told the council during an indignant speech against the measure. He was the only councilor to vote against the resolution. Councilor at Large Mickey Roache abstained, and Councilor at Large Stephen J. Murphy wasn't present.  Other councilors argued that the ordinance served a higher purpose - to raise awareness of the struggles faced by transgendered individuals. ''If this ordinance protects just one of those people, then we've done something right,'' said Councilor Maureen Feeney of Dorchester, chair of the council's committee on government operations, which supported the measure. Grace Sterling Stowell, executive director of the Boston Alliance of Gay, Lesbian, and Transgender Youth, praised the council's vote. ''I think this is groundbreaking and courageous on their part,'' she said. ''It sends the message to everyone in the city of Boston and beyond that discrimination against anyone based on who they are is wrong.''

 

This story ran on page B6 of the Boston Globe on 10/24/2002.

 

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