Charlotte NC sued by trans ex-worker
02.13.2009 3:11pm EST
By 365gay Newscenter Staff
(Charlotte, North Carolina) A transwoman has filed suit against the city of Charlotte, alleging she was fired from her job as a motor pool operations assistant because of her gender identity.Anne Marie Clukey, 60, said in court papers she had worked for the city for nearly two years and was dismissed because she did not conform to her boss's "gender stereotype."
Clukey underwent gender reassignment in 2001. Before relocating to Charlotte, she had been an automotive shop manager in Portland, Maine. Her court filing said she has more than 40 years of experience in automotive maintenance.
He problems began when her supervisor at the Charlotte city maintenance facility learned she was transgendered, her lawsuit alleges.
According to court papers obtained by The Charlotte Observer, Clukey alleges that her supervisor, Karen King, became "hostile" and passed her over for a promotion despite her experience.
When Clukey reported to management that King had overlooked her qualifications, the court papers allege that King retaliated and eventually fired her.
City attorney Mac McCarley said that the city is preparing a legal response and will deny any liability.
"Transgendered individuals do not have any rights under the federal employment discrimination laws," he told The Observer.
The federal Employment Non-Discrimination Act, or ENDA, also passed the House in 2007 but without protections for the transgendered.
The legislation would have made it illegal for employers to discriminate on the basis of sexual orientation in hiring, firing, promoting or paying an employee.
It was not taken up by the Senate and the bill died when the last session of Congress ended.
When ENDA returns it is likely to include gender identity protections.
ENDA, originally introduced by Frank, included transpeople, but Frank removed those protections in committee saying it would be impossible to pass.
More than a dozen LGBT groups immediately distanced themselves from the legislation. Frank later reversed himself and said he would fight to ensure an inclusive ENDA is passed.
New Transgender Education Resource for Churches from the Institute for Welcoming Resources
FOR IMMEDIATE RELEASE February 13, 2009 10:11 AM
WASHINGTON - February 13 - The Institute for Welcoming Resources (IWR), a program of the National Gay and Lesbian Task Force, today announced the release of transACTION, a new curriculum designed for churches and religious institutions to help congregants and members understand and welcome transgender persons into their congregations and faith settings.
"Too often transgender people looking for a place to worship can't find one to call their spiritual home because most congregations and religious institutions are not ready to welcome them as their companions in faith," says the Rev. Rebecca Voelkel, Institute for Welcoming Resources and faith work director of the National Gay and Lesbian Task Force. "Yet, many transgender people of faith are searching for the same things that other believers want: a loving community where worship and working for equality and justice are the focus of their faith experience."
transACTION is designed to help churches and institutions address this issue of understanding and welcome by providing step-by-step training about the needs, apprehensions and fears of transgender people - as well as the wealth of gifts and graces they bring - while responding to the concerns of the church or religious institution.
The program can be used in three sessions: How Do We Get to Understanding, How Do We Get to Acceptance, and How Do We Get to Welcoming. All sessions include discussions and activities to go along with the information provided in the curriculum.
"We tried to make this a learning experience that would go beyond just the basics of gender identity and gender expression in order to give participants an understanding of the issues and concerns that transgender people have when trying to express their faith and spirituality in a church or any religious setting," says Barbara Satin, author of the curriculum and a transgender advocate around issues of faith and aging.
transACTION is available for download from the Institute of Welcoming Resources Web site at www.welcomingresources.org. There are two versions of the program: a leader's version and a participant's version.
CONTACT: National Gay and Lesbian Task Force
Pedro Julio Serrano
Communications Coordinator
(Office) 646.358.1479
(Cell) 787.602.5954
pserrano@theTaskForce.org
Students talk transgender issues
February 13, 2009
By Anya Bingler
Men and women gathered Tuesday at the Women's Center to discuss issues surrounding transgendered people and their role in "The Vagina Monologues," as part of V-Week.
The event, sponsored by Spectrum, centered on topics including stereotypes, job discrimination, gender identity, sexual violence and gender re-assignment surgery.
Feeling the Hate, No Matter the Motive
February 13, 2009
By ROBIN FINN, New York Times
BAY SHORE
ON Monday, a week after the very rattled staff of the Long Island Gay, Lesbian, Bisexual and Transgender Community Center discovered their workplace trashed and slashed by vandals in what was presumed a bias crime and duly investigated as one, the Suffolk County Police Department's Hate Crimes Unit arrested four suspects just a few blocks from the glass-strewn crime scene. Case closed? Probably, but not quite as expected.
An Intimate Portrait Of A Transgender Doctor's Life
February 12, 2009
By On Top Magazine Staff
Last we heard from Dr. Marci Bowers, the woman behind the city labeled "the sex change capital of the world," was in World of Wonder's Sex Change Hospital, a six part docu-drama that focused on the people going under the knife. Tonight, Discovery Health turns the lens around to give us a look at the doctor holding the scalpel.
In tonight's premiere presentation of Discovery Health's Transgender M.D. we get a bird's eye view of the life of Dr. Bowers, a world-renowned gender reassignment specialist.
Report: Number of companies protecting trans workers continues to grow
02.12.2009 3:07pm EST
By 365gay Newscenter Staff
(Washington) A new report on workplace equality shows rapid expansion of protections for transgender workers in the private sector over the past decade.
The State of the Workplace report found that 60 of the Fortune 100 largest businesses and nearly half of the nation's largest law firms and colleges now prohibit discrimination based on gender identity.
The report was prepared by the Human Rights Campaign Foundation, the educational arm of the HRC.
It found that currently 35 percent—a total of 175—of the Fortune 500 businesses have gender identity protections, including 60 of the top 100 Fortune-ranked businesses. In 2000, just three of the Fortune 500 businesses had such protections.
Furthermore, HRC said, 85 percent of the Fortune 500 businesses now have protections based on sexual orientation, compared to 51 percent in 2000.
"This report shows that the country's largest and most competitive employers are most likely to have added protections based on gender identity and sexual orientation, setting consistent expectations of equal opportunity for their employees and job applicants regardless of where they work in the United States," said Human Rights Campaign President Joe Solmonese.
The report also assesses the current state of employment laws and employer policies surrounding gender identity and sexual orientation throughout the United States.
For the first time, more than 100 cities and counties now prohibit employment discrimination based on both gender identity and sexual orientation. Already, twelve states and the District of Columbia have protections in place. An additional eight states and 80 cities and counties prohibit discrimination based on sexual orientation alone.
In addition, the report said, more employers have improved benefits to ensure fair treatment of LGBT employees and their families.
Since 2006, a majority of Fortune 500 companies have offered benefits to same-sex partners of employees. Today, 57 percent—a total of 286—of the Fortune 500 companies offer domestic partner benefits. Removing discriminatory exclusions for medically necessary, transgender-specific treatment is a rapidly-emerging trend, the report said. Eighteen of the Fortune 100 now provide transgender-inclusive health insurance, compared to just one in 2001.
Several major California businesses publicly and financially opposed Proposition 8 in 2008, and more than 50 major businesses have joined the Business Coalition for Workplace Fairness, which supports passing federal legislation that would add both gender identity and sexual orientation to existing classes protected under federal employment law.
"Millions of people work in cities, counties and states where discrimination based on gender identity and sexual orientation is still legal. Particularly as so many workers are losing their jobs, no one should have to face the added worry of losing their job simply because of who they are. Employers and lawmakers alike should support the federal Employment Non-Discrimination Act to establish clear and consistent expectations that workers should be evaluated based on their ability to do their job—and not based on their gender identity or sexual orientation," said Solmonese in a statement.
Transwoman ordered to serve time in male prison
01.07.2009 10:18am EST
By The Canadian Press
(Montreal, Quebec) A transsexual Quebec inmate who hasn't physically completed the transformation to a woman has created an incarceration quagmire for federal corrections officials after being transferred into a men's prison.
Tania Veilleux, 43, has been detained at the federal penitentiary in Sainte-Anne-des-Plaines since mid-December when she was sentenced to 40 months in prison for sexually assaulting a young girl over a four-year period.
Veilleux had previously been held at the Tanguay prison for women in Montreal while awaiting sentencing, but other female inmates weren't comfortable with her presence there.
Veilleux was formerly known as Sylvain Veilleux, but the Registrar of Civil Status of Quebec has accepted her as a female. However, federal officials have classified her as a male.
A court-appointed lawyer who assisted Veilleux at her trial says tensions boiled over at the women's facility because while Veilleux is legally a woman, she still has male sexual organs.
At least one of female detainee didn't appreciate sharing space with Veilleux, said lawyer Andre Boissonneault. "Legally she is a woman but she hasn't had her operation, so she's partly a man," Boissonneault said.
"That caused some problems."
Boissonneault said provincial jail officials went to great lengths to accommodate Veilleux, including keeping other inmates behind bars while she bathed and changed.
"Then she was sentenced to 40-months in prison and instead of sending her to a prison for women, they sent her to a prison for men," Boissonneault said.
The Correctional Service of Canada was unavailable to comment on the case.
But a long-time Quebec advocate for the transgendered said it isn't a good idea to leave Veilleux in an all-male facility.
"I don't know how Tania will hold up in these types of facilities," said Micheline Montreuil, a transgendered Quebec lawyer, teacher and politician who ran federally for the New Democratic Party in 2007.
"Putting her in isolation to keep her safe is probably the best - but I don't know if that is a long-term solution."
Montreuil said that while she herself would feel physically capable of handling herself among males, she doesn't know how Veilleux will adjust.
Montreuil, who has visited clients in the prison where Veilleux is currently incarcerated just north of Montreal, says it is a rough institution that caters specifically to men.
"I don't know how she's going to react but knowing how inmates are, she could face harassment and could even be assaulted," said Montreuil.
"So is it a good idea to put her in a male prison? No, unless of course she's in isolation."
Boissonneault said Veilleux has not returned his calls, but hopes to touch base with her in the coming days.
Economy may delay major gay bills
01.06.2009 9:15am EST
By 365gay Newscenter Staff
(Washington) The new Congress convenes today but four pieces of legislation pushed by LGBT advocates may be placed on the back burner as lawmakers grapple with the rapidly deteriorating economy and two wars.
Joining the two returning gay members of the last Congress, Rep. Barney Frank (D-Mass) and Tammy Baldwin (Wisc.) is newly elected Colorado Democrat Jared Polis.
Three of the bills - the Matthew Shepard Hate Crime Act, the Employment Non-Discrimination Act, and repeal of Don't Ask, Don't Tell - died when the the last session of Congress ended and will need to be reintroduced. The fourth is the proposed repeal of the Federal Defense of Marriage Act which bars the government from any form of recognition of same-sex relationships.
The Matthew Shepard Hate Crime Act was named for the 21-year-old college student who was murdered in an anti-gay hate crime in Wyoming in October 1998. It would have added sexual orientation to the list of categories covered under federal hate crime law.
The bill passed the House in 2007 and the White House threatened to veto it. In an effort to get around a veto, the Senate version was tied to the 2008 defense authorization bill. It passed, but then went to conference, where it was stripped out.
Last fall, the FBI released statistics showing that hate crimes in general had dropped across the country except for those against LGBT people. The bureau report showed a 6 percent increase in anti-gay hate crimes.
If the Shepard Act is passed, it would allow federal charges to be brought in hate crimes against gays and give judges power to impose tougher sentences.
The Employment Non-Discrimination Act, or ENDA, also passed the House in 2007 but without protections for the transgendered.
The legislation would have made it illegal for employers to discriminate on the basis of sexual orientation in hiring, firing, promoting or paying an employee.
When ENDA returns it is likely to include gender identity protections.
ENDA, originally introduced by Frank, included transgendered people, but Frank removed those protections in committee, saying it would be impossible to pass.
More than a dozen LGBT groups immediately distanced themselves from the legislation. Frank later reversed himself and said he would fight to ensure an inclusive ENDA is passed.
Legislation to repeal "Don't Ask, Don't Tell," the ban on gays serving openly in the military, was taken up in committee last year for the first time, but did not make it to a vote.
DADT was enacted in 1993. Since then, more than 12,000 servicemembers have been dismissed when it was learned they are gay. According to statistics from the Servicemembers Legal Defense Network, which advocates for gays in the military, an average of two service members are dismissed under the law every day.
It also is widely expected that legislation will be introduced to repeal the so-called federal Defense of Marriage Act, which forbids the federal government from recognizing any form of gay union - marriage, civil union or domestic partnership. President-elect Barack Obama has said he would sign such a repeal, although no Democrat has so far said such a bill would be brought in.
Obama also has said he supports repeal of the gay military ban, an inclusive ENDA and passage of the Shepard Act.
While Congress takes up a massive economic stimulus package and grapples with wars in Iraq and Afghanistan, LGBT civil rights groups say they will continue to lobby for passage of the four bills.
'Ladyboy' protests amid Thailand's political chaos
28 November 2008 16:12
By Julia Ziemer, pinknews.co.uk
The ever increasing turbulence of the anti-government protests notwithstanding, a demonstration of a different nature was taking place yesterday in Bangkok.
Unaffiliated to any political party, a group of transgender 'ladyboys' paraded past central Police Headquarters in Bangkok to protest at the lack of AIDS awareness in Thailand.
Glamorously dressed in brightly coloured ball gowns and feathered head-dresses, the group struck a contrasting pose to the increasingly militant demonstrations undertaken by the yellow-shirted PAD supporters across the capital.
The PAD has most recently shut down a second airport in Bangkok, following a string of stunts that have taken place over the last four months in an attempt to cause national chaos and topple the government.
With calls for new elections and a plethora of political factions vying for power, the current landscape looks hopelessly divided between the army and various political groups.
Since gaining independence in 1947, Thailand has experienced an endless upheaval in government.
Until 1992 there was intermittent military rule, a period characterised by coups, coup attempts and popular protests.
But despite its instability, the Buddhist country has always been seen as liberal when it comes to LGBT issues.
Though not officially supporting same-sex unions, the LGBT community there is considered one of the most free and open in the world.
As well as holding transgender beauty pageants, trans actors play key roles in Thai movies and soap operas.
Transgender figures are also seen in department cosmetics counters, popular restaurants, cabaret shows and in the famous red-light district.
While observers hope the increasingly fraught situation in the country will end peaceably, the ladyboys, with their stylish parade of singing and dancing showed the world how peaceful yet fabulous protest is all about.
Court removes bar to transgender name changes
27 November 2008
By Michael Virtanen, The Associated Press
ALBANY -- A midlevel appeals court ruled Wednesday that a transgender individual can change from traditionally male to traditionally female first and middle names, regardless of potential confusion.
The case involved Earl William Golden III's petition to change names to Elisabeth Whitney Golden. A lower court had concluded the proposed change was "fraught with possible confusion."
The Appellate Division of State Supreme Court noted that people can change their names "at will," provided there is no fraud, misrepresentation or interference with the rights of others. Done in court, the switch can be "speedy, definite and a matter of record."
While confusion can be one reason for a judge to reject someone's name change petition, "that factor is not, standing alone, a basis to deny a petition inasmuch as 'confusion is a normal concomitant of any name change,"' Justice Anthony Cardona wrote.
The Golden case, which will now be sent back to state Supreme Court in Broome County, was brought by attorney Franklin Romeo of the New York City-based Sylvia Rivera Law Project, a civil rights group that advocates for gender self-determination. The group says that under the law, a judge cannot require medical evidence of a gender change to support name changes, but some still make that mistake.
Cardona wrote that Golden "satisfied the technical requirements for a name change, under the Civil Rights Law, which include, among other things, that the petition specify the grounds for the application and disclose pertinent background information."
The justices sent the case back to the lower court to issue "the appropriate order."
According to Romeo, when the law project started several years ago, transgender people were denied name changes frequently in New York City, but now they are rarely turned down there. The project has helped about 400 people change their names, and many others have petitioned courts on their own. However, the project does get reports of denials from upstate New York "with some regularity" and from other states.
"This is the first time an appellate court in New York has weighed in on it," Romeo said. "The decision will only be binding in the Third Department. We're hoping it will be persuasive on supreme courts and civil courts throughout the state."
While someone can generally use whatever name they choose under New York common law, Romeo said it becomes difficult without a supporting court document when it comes to obtaining a driver's license, passport or Social Security.
Cardona was joined in the ruling by justices Edward Spain, Anthony Carpinello, Bernard Malone Jr. and Leslie Stein.
Silverton rebuffs protest of transgender mayor-elect
25 November 2008 2:11PM PST
SILVERTON, Ore. (AP) -- The nation's first openly transgender mayor won by a comfortable margin on election night.
On Monday, he won by a landslide.
A large group of counterprotesters overmatched three young women and a man from a Kansas church who came to Silverton to protest Stu Rasmussen's election win.
The protesters from the Westboro Baptist Church arrived with an assortment of signs, such as "God Hates You," "Fags Are Beasts," "Your Pastor is a Whore" and "Barack Obama Antichrist."
But the town greeted the quartet with a festive counterprotest. More than 100 people paraded in the street and some men wore women's clothing in a show of support for Rasmussen.
"Today, I'm just Joe the Crossdresser," said Silverton attorney Yossi Davidson, 59, who stood across City Hall from the protesters wearing a dress. "Stu's an institution in this town, which is probably why he got elected. He's a straightforward, genuine kind of guy despite his gender complexities."
Rasmussen, 60, has been a fixture in Silverton politics for more than 20 years, and had twice before been mayor of the small city 45 miles south of Portland. Those terms, however, were before his breast implants and before the once-discreet crossdresser started wearing dresses and 3-inch heels in public.
Rasmussen stood with friends and watched the spectacle with a mixture of amusement and pride. "This is very heartwarming; this is such a great community," he said. "I don't think this is about me as much as it's about community spirit."
The Westboro protesters were less impressed.
"Although Stu's an abomination, these people are enablers because they support him," said Jonathan Phelps, 49.
Human Rights Commissioner talks about transgender death
Updated: 11/25/2008 11:47 AM
By: Andy Mattison, News 10 Now
SYRACUSE, N.Y. -- It's been 10 days since Moses "Teish" Cannon was shot to death, apparently targeted for being transgender.
On Monday, Cannon's death brought the state's human rights commissioner to Syracuse to meet with local transgender groups and speak out against what they consider a hate crime.
"We agreed to work collaboratively to take really reasonable action that's going to begin to focus attention on the steps that need to be undertaken," said Commissioner Galen Kirkland.
Gene linked to transsexuality identified
26 October 2008 3:26pm
Reuters
Hong Kong - Scientists in Australia said they have identified a gene which may explain why some people are transsexuals.
For decades, there has been debate over the origins of transexuality, with some recent studies indicating that family history and genetics may be linked to gender identity.
In the largest genetic study involving transsexuals to date, researchers in Australia said they found that transexuality may be linked to the androgen receptor (AR) gene - which is known to modify the effect of the male sex hormone testosterone.
"There is a social stigma that transsexualism is simply a lifestyle choice, however our findings support a biological basis of how gender identity develops," said lead researcher Vincent Harley of Monash University's Prince Henry's Institute of Medical Research.
The scientists collected DNA samples from 112 male-to-female transsexuals and found that they were more likely to have a longer version of the AR gene than another group of 258 non-transsexual men. The longer AR gene was found in 55,4 percent of people in the transsexual group and 47,6 percent of the non-transsexual men, they wrote in an article published in Biological Psychiatry.
Samples were also analysed for two other genes, but no significant differences were found between both groups.
The researchers said the longer AR variant gene may have resulted in less effective testosterone signalling, a mechanism that masculinises the brain during early development.
"It is possible that a decrease in testosterone levels in the brain during development might result in incomplete masculinisation of the brain in male-to-female transsexuals, resulting in a more feminised brain and a female gender identity," they wrote.
One of the researchers, Lauren Hare, said: "We think that these genetic differences might reduce testosterone action and under masculinise the brain during foetal development."
The researchers called for more such studies in other populations to replicate the findings.
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Folks,
The research described in Diana's message is similar to the findings of Professor Eric Vilain, MD, and his research staff at the UCLA genetics lab. About 18 months ago, they found a gene in the Y chromosome that is exactly the same in all transsexuals they tested , but is different in every male they tested that is not transsexual. To explain further, if this gene was assigned a color, it would be the same color in all transsexuals, but a different color in each of the non-transsexual males. I have a slide from one of Prof. Vilain's presentation that show this in detail.
I've talked about this on the list before but since there are new people on the list, I'll repeat it briefly.
The Vilain Lab's initial research was aimed at finding a"gay gene." While they have not conclusively found one yet, they did find that there is an area in the Hypothalamus in the brain called INAH3 that stores gender preference (generally called sexual orientation). By altering the hormone levels in the womb of the mothers shortly after conception, they succeeded in creating gay mice and gay sheep. Slides of the area in both the sheep and mice showed that the INA3 area is small in normal women and gay men, but large in normal males. Note that humans have the same exact structure (INAH3) in they Hypothalamus.
I don't have any reports on research done by the Vilain Labs on the BSTc area, which stores gender identity and is also in the Hypothalamus, but the the research on transsexual MTFs by Gooren et al in the Netherlands found that the BSTc area is affected the same way. It is small in normal women and MTF transsexuals, but large in normal and gay males.
It is interesting that multiple independent labs are
finding the same thing and are providing more and more evidence that there
are biological causes for GLBT. Some of the Vilain Labs findings are
shown on the lab's website www.uclatwins.com
Diane
Imams issue edict against 'tomboys'
24 October 2008 10:22am EDT
The Canadian Press
(Kuala Lumpur) Malaysia's main body of Islamic clerics has issued an edict banning 'tomboys' in the Muslim-majority country, ruling that girls who act like boys violate the tenets of Islam, an official said Friday.
The National Fatwa Council forbade the practice of girls behaving or dressing like boys during a meeting Thursday in northern Malaysia, said Harussani Idris Zakaria, the mufti of northern Perak state, who attended the gathering.
Harussani said an increasing number of Malaysian girls behave like tomboys, and that some of them engage in homosexuality. Homosexuality is not explicitly banned in Malaysia, but it is effectively illegal under a law that prohibits sex acts "against the order of nature."
Harussani said the council's ruling was not legally binding because it has not been passed into law, but that tomboys should be banned because their actions are immoral.
"It doesn't matter if it's a law or not. When it's wrong, it's wrong. It is a sin," Harussani told The Associated Press. "Tomboy (behavior) is forbidden in Islam."
Under the edict, girls are forbidden to sport short hair and dress, walk and act like boys, Harussani said. Boys should also not act like girls, he said.
"They must respect God. God created them as boys, they must behave like boys. God created them as girls, they must act like girls," he said.
Council chairman Abdul Shukor Husin said the ruling was prompted by recent cases of young women behaving like men and indulging in homosexuality, according to the national news agency Bernama. He did not elaborate.
Malaysian media have reported on recent incidents of school bullying among girls, which have been caught on film and circulated on the Internet. In one film, some girls are seen beating up another girl in a bathroom.
A well-known Malaysian Muslim actress caused an uproar last year when she shaved her head bald for a film. Harussani and other muftis urged Muslims not to watch the movie, arguing that the actress had violated Islam by making herself look like a man.
"Muallaf," or "the convert," is scheduled for release in Singapore next month, but no date has been set for its release in Malaysia.
Muslims make up some 60 per cent of Malaysia's 27 million people, and are subject to Islamic laws and the council's edicts, even if the rulings have not been enshrined in national or Shariah law.
It was not immediately clear what kind of punishment awaited those who violate the tomboy edict, or "fatwa." Malays generally follow the council's "fatwas" out of deference, but violators rarely get into trouble unless the edict is incorporated into national or Shariah law.
Transsexuals born with 'female-like' brain
Rex Features
Transsexuals are more likely to have been born with a 'female-like' brain, according to new research.
Transsexuals who say they 'feel female' are likely to be carrying an unusual gene type which strongly reduces levels of the male sex hormone, testosterone.
Australian scientists believe the genetic variant could be so powerful it acts during development in the womb and 'under-masculinises' the brain.
Dr Vincent Harley of Prince Henry's Institute in Clayton said: 'There is a social stigma that transsexualism is simply a lifestyle choice. However, our findings support a biological basis of how gender identity develops.'
When Dr Harley and his team analysed 112 male-to-female transsexuals, they found the modified gene variant that can decrease levels of testosterone.
Professor Andrew Sinclair, of Melbourne University commented: 'These defective copies of the androgen receptor gene could severely reduce normal testosterone levels, resulting in a more female-like brain.
'Consequently, male-to-female transsexuals might be expected to have a more feminised brain and are therefore likely to display a female gender identity.'
The news confirms what many scientists already believed, that transsexualism is down to our biological make-up, as opposed to a psychological disposition.
American Airlines calls for passage of inclusive ENDA
29 September 2008 1:42pm EDT
By 365gay Newscenter Staff
(Fort Worth, Texas) American Airlines has told Congress that it's time to pass the Employment Non-Discrimination Act.
"[We are] proud to express our strong support of federal workplace non-discrimination legislation that would extend basic job protections to gay, lesbian, bisexual and transgender Americans," the company said in a letter to members of Congress.
"Our endorsement of the Employment Non-Discrimination Act (ENDA) is consistent with our longstanding Statement of Equal Opportunity ... The principles fostered by ENDA are consistent with our corporate principles in treating all employees with fairness and respect, said the letter, signed by Denise Lynn, American's Vice President of Diversity & Leadership Strategies; Michael Wascom, American's Managing Director of International & Government Affairs; and Betty Young, American's National Sales & Marketing Manager for the LGBT Community.
ENDA, after it was stripped of protections for transgender people, passed the House last year. It has yet to be dealt with by the Senate.
If passed in its present form, ENDA would bar job discrimination against gays and lesbians.
Dozens of LGBT groups have been lobbying Washington to reinstate trans protections in the bill. American's letter, released Monday, supports that effort.
American is the nation's largest air carrier. It was the first major airline to implement same-sex domestic partner benefits, and the first to implement both sexual orientation and gender identity in its workplace non-discrimination policies. It also was the first airline to have a recognized LGBT employee resource group - GLEAM.
"On behalf of our more than 80,000 employees, we appreciate your consideration and encourage Congress to enact this important legislation," the letter said.
Statistics released last month by Equality Forum, an LGBT civil rights organization, show that 471 of Fortune 500 companies written workplace protections on the basis of sexual orientation.
Exxon Mobil is the largest of the Fortune 500 that does not specifically provide sexual orientation protection and resisted shareholder calls to amend the policy in 2006, 2007 and 2008.
According to Gallup's May 2008 Values and Beliefs Poll, 89 percent of U.S. citizens believe gays and lesbians should have equal rights in job opportunities.
News — Rochester
September 2008
By Kate McDonough
Empire State Pride Agenda
(excerpted)
Transgender 101 Update
The transgender 101 training is continuing to develop and take on an exciting form. On September 16th, clergy, lay leaders and members of the transgender community came together to workshop the goals of the training. The training is truly becoming one of a kind. Stay tuned for updates as we continue this important project.
1.
Empathetic
with
An interfaith service gathers those who support transgender people.
By
EILEEN SCHULTE
Published March 13, 2007
The Rev. Erin Swenson says she has a good sense of what Largo City Manager Steve Stanton is going through as he faces dismissal for planning to become a woman.
In
1996, Swenson, an
When she disclosed her plans to become a woman, she almost lost her job. Her name was Eric then.
"I was open with the church the same way Steve was open" with the City Commission, Swenson said Monday. "Their initial response was pretty negative. They threatened to take away my ordination."
And when things became tense, she and her bosses would "talk about it and pray about it."
At
7 p.m. Thursday, Swenson will help lead an interfaith service of hope and
healing at Unitarian Universalist Church of St. Petersburg to support
Along
with Swenson, a transgender Presbyterian minister from
Having
survived the ordeal personally and professionally, Swenson now leads
services at Morningside Presbyterian Church in midtown
She said she is in awe of the moral courage, strength and compassion transgender people, especially those in power, can exhibit. "Transgender leaders can be exceptionally effective leaders," Swenson said. "They've faced the greatest challenge society can offer."
She remains devoted to her former wife, who she said "is as close to a saint as I've ever seen," and her two grown daughters, and still spends holidays with them.
Wynn,
41, associate pastor of Church of the
Because
he made the change while serving at a
Still, Wynn said, it's "a heartbreaking journey and an exhilarating one at the same time."
"It's heartbreaking because you grieve with your family, who feel they are losing a daughter and a sister, but exhilarating because you just feel so free," he said.
He said he accepted an invitation to speak at the service because he wants to raise people's awareness about gender diversity and promote tolerance.
Harry
Knox, the director of the Human Rights Campaign's Religion Council in
"We work to give a megaphone to faith leaders around the country willing to speak out for justice for lesbian, gay, bisexual and transgender people," he said.
When
While he wants to attend the service, he doesn't know if it's his place.
"I want to be there as long as my presence wouldn't be disruptive," he said Monday.
"I feel foolish in a sense," he said.
"When I started this plan, I really felt kind of alone. I knew no other city manager had done what I did, and I felt angry I was alone in this struggle. Since then, the outreach has been overwhelming. I never thought there would be this many people who would care."
Eileen Schulte can be reached at (727) 445-4153 or schulte@sptimes.com.
. if you go Interfaith service
An
interfaith worship in support of Largo City Manager Steve Stanton will be
held at 7 p.m. Thursday at Unitarian Universalist Church of St. Petersburg,
3.
by
365Gay.com Newscenter Staff
Posted: March 8, 2007 - 3:00 pm ET
(
Steve Stanton, who still goes by his birth name, filed a written request Thursday for a public hearing into the termination proceedings against him.
Last
month commissioners voted 5-to-2 to begin the three step process to remove
Earlier last month, after a local newspaper acting on a tip began asking questions about rumors Stanton was about to have a sex change, she sat down with the St. Petersburg Times and divulged her status.
In
an interview at
Stanton, who is married and the father of a teenaged son, said she had not intended to go public until later in the year when her son would be out of town and could not be subjected to the publicity. She said that plan changed when the Times began asking questions.
Several
members of the city commission said
"I
do not feel he has the integrity, nor the trust, nor the respect, nor the
confidence to continue as the city manager of the city of Largo,"
Commissioner
After
the vote
Under the city charter a public hearing must be scheduled within 30 days. After the public hearing, the Commission may either adopt a permanent resolution calling for removal or permit the City Manager to retain their position.
"I
have served the City of
"Being transgender is an important part of who I am, but it has no bearing on my ability to do a good job."
©365Gay.com 2007
4.
by
365Gay.com Newscenter Staff
Posted: March 5, 2007 - 7:00 pm ET
(
The bill passed the legislature late last month.
In addition to protecting LGBT students the legislation also covers gender, race and age.
"
"Feeling
safe in school is directly related to academic achievement and student
success.
The bill had a rocky ride through the legislature. It was initially approved by the House with a provision excluding religious schools. That clause was struck out by the Senate.
Republicans who insisted on the exclusion had argued that the legislation was less about protecting students than it was about forcing cultural views on schools.
"There is the potential for a chilling effect on the teaching of religious doctrine through the filing of lawsuits, because of the way the bill is worded," warned Sen. Jeff Angelo (R) during debate in the Senate.
With the clause removed House Republicans attempted a last minute bid to remove all protected classes leaving the bill to condemn bullying in general terms but not define it but House Democrats stood firm.
Gay rights groups had been pressing for enactment of anti-bullying legislation for more than two years.
It was first proposed by former Gov. Tom Vilsack in 2004, but it met with opposition over its inclusion of gay students. When the bill returned this session current Gov. Chet Culver announced his support.
The new law sets in motion a number of steps that the state, local school districts, educators and students must commit to - state rulemaking, local school district policy development, educator training, information sharing with students and guardians, and implementation.
A 2005 study commissioned by GLSEN found that gay-bashing remains a major problem in the nation's schools.
Three-quarters of students surveyed across America said that over the past year they heard derogatory remarks such as "faggot" or "dyke" frequently or often at school, and nearly nine out of ten reported hearing "that's so gay" or "you're so gay" - meaning stupid or worthless - frequently or often.
Over a third of students said they experienced physical harassment at school on the basis of sexual orientation and more than a quarter on the basis of their gender expression.
Nearly one-in-five students reported they had been physically assaulted because of their sexual orientation and over a tenth because of their gender expression.
The
National School Climate Survey was released in
The study also showed that bullying has had a negative impact on learning.
LGBT students were five times more likely to report having skipped school in the last month because of safety concerns than the general population of students.
©365Gay.com 2007
6.
1.
2. The Virginia Transgender Health Initiative Study (THIS) is now complete
1.
by 365Gay.com Newscenter Staff
Posted: February 28, 2007 - 12:01 am ET
(
For
14 years Steven Stanton was an admired overseer of the
In
an interview at
Stanton, who is married and the father of a teenaged son, said she had not intended to go public until later in the year when her son would be out of town and could not be subjected to the publicity. She said that plan changed when the Times began asking questions.
Several
members of the city commission said
"I
do not feel he has the integrity, nor the trust, nor the respect, nor the
confidence to continue as the city manager of the city of
In
a 5-to-2 vote the commission began the three step process to remove
Mayor Gerard and Commissioner Rodney Woods cast the dissenting votes. A second vote must be held to confirm the firing once the terms are agreed to with the city's attorney.
"It's just real painful to know that seven days ago I was a good guy and now I have no integrity, I have no trust and most painful, I have no followers," Stanton told the commission. "My challenge here has always been that someday I was going to leave this organization. So I am going to do it with a smile on my face."
In
hr interview last week with the Times,
She
said that she had quietly begun to appear in female clothing earlier this year
on trips to the store and to events outside of
As she continues to transition she said she will change her name to Susan - telling the paper that it is a name her mother would have chosen if she had been born biologically female.
©365Gay.com 2007
2.
In a message dated 2/21/2007 3:50:47 PM Central Standard Time, jessicax@earthlink.net writes:
Dear Friends and Colleagues –
The Virginia Transgender Health Initiative Study (THIS) is now complete. THIS was the first of its kind multi-phase model Initiative
to
improve the health of transgender people at a state level. It was implemented
by the Community Health Research Initiative (CHRI) of
The following THIS reports are now available as downloadable PDF files on the Virginia Department of Health’s website:
Transgender Health Access in Virginia: Focus Group Report (54 pages)
Virginia Transgender Health Initiative Focus Group Study Research Highlight (4 pages)
The Health, Health-related Needs, and Lifecourse Experiences of Transgender Virginians (74 pages)
The
Virginia Transgender Resource and Referral List is a consumer’s guide to
trans-friendly providers and support groups throughout the
Happy reading !
3.
1. Largo official preparing for sex change
1.
tampabay.com
Largo official preparing for sex change
Times Exclusive: City Manager Steve Stanton told the Times this morning he is undergoing counseling and treatments. He plans to remain in his city position.
By LORRI HELFAND
Published February 21, 2007
Through
the process, which could take well over a year,
“He’s a dedicated city manager and puts his job first,” she said.
Married
with a teenaged son,
He and Gerard met a reporter at a private city office Wednesday morning and described in detail his decision and plans. After the interview, he began telling department managers, secretaries and others at the city.
“I’m good at my job,” said Stanton, who makes $140,234 annually for supervising about 1,200 employees and a budget of $130-million. “My gender has nothing to do with my capabilities.”
Stanton
and Gerard acknowledged that some people in
“It’s
not in my nature to flee a challenge,”
The mayor agreed.
“I don’t believe he should have to go away and hide out and have to re-emerge,” said Gerard, who is chief operating officer of Family Resources Inc., a nonprofit social service agency. “The fact that we do that as a society is pitiful.”
He began discussing his private life with a therapist who spoke at City Hall in support of the ordinance, and that led to his decision, he said.
Around
In recent years, for example, he has donned a bulletproof vest to go along on a police raid of a nightclub and broke his nose participating in SWAT training. Within the last week, he rappelled inside the dome at Tropicana Field during a fire department training exercise and dug up a median near a fire station as part of a public works project.
But he said the process of changing his gender, which includes hormone therapy and electrolysis to remove body and facial hair, is the bravest thing he’s ever done.
“I
want to do this with a sense of dignity and worth,”
Lorri Helfand can be reached at lorri@sptimes.com or (727) 445-4155.
2.
by
365Gay.com Newscenter Staff
Posted: February 23, 2007 - 11:00 am ET
(
The bill passed the Iowa House late Thursday night on a 53-42 vote. The measure passed the Senate earlier this month.
In addition to protecting LGBT students the legislation also covers gender, race and age.
The bill had a rocky ride through the legislature. It was initially approved by the House with a provision excluding religious schools. That clause was struck out by the Senate.
Republicans who insisted on the exclusion had argued that the legislation was less about protecting students than it was about forcing cultural views on schools.
"There is the potential for a chilling effect on the teaching of religious doctrine through the filing of lawsuits, because of the way the bill is worded," warned Sen. Jeff Angelo (R) during debate in the Senate.
With the clause removed House Republicans attempted a last minute bid to remove all protected classes leaving the bill to condemn bullying in general terms but not define it.
House Democrats stood firm.
"People
look to us for leadership, whether it's civil rights issues, whether it's gay
and lesbian issues, you name it. We are the ones who set the agenda and help
change the culture," said Rep.
Gay rights groups have been pressing for enactment of anti-bullying legislation for more than two years.
It was first proposed by former Gov. Tom Vilsack in 2004, but it met with opposition over its inclusion of gay students. When the bill returned this session current Gov. Chet Culver announced his support.
©365Gay.com 2007
6.
1.
More
1.
More
Wyatt Buchanan, Chronicle Staff Writer
Wednesday, January 31, 2007
People who change their gender must undergo rigorous mental health evaluations and trial periods that last years, and they sometimes face stigma, but the biggest challenge for many is paying for the process.
In
the past few years, however, following the model of
When
General
Motors, IBM, Eastman Kodak and Hallmark Cards, as well as the universities of
"We
took a look at it, the cost was negligible and we said it was the right thing
to do," said David Kaffnoff, a spokesman for Eastman Kodak in
Company officials compared transition benefits with benefits workers already enjoyed -- like hormone replacement for menopausal women or reconstructive surgery for people disfigured in an accident -- and granted the request, Kaffnoff said.
The surgeries can be profoundly important for transgender people, but the vast majority of employers still don't cover them.
After taking testosterone to begin his transition from female to male, Lance Moore, 46, became depressed when he could not afford a mastectomy, which cost $7,500, and his insurance did not cover transitions. He took out a loan from his retirement account in 2000 that he's still paying back.
"When
I finally got that, my whole life changed,"
The Human Rights Campaign, a gay, lesbian, bisexual and transgender civil rights organization in Washington, found in a survey released last year that 67 major companies now cover surgeries, hormone therapy, short-term leave, medical visits and mental health services for transsexual employees.
Opposition
in
Cost was the main issue, though.
"There was a great deal of fear because of a lack of actuarial information," said Marcus Arana, a discrimination investigator with the Human Rights Commission.
The
cost of transitioning varies. A female-to-male transition,
including breast and genital surgeries, runs $30,000 to $70,000, according to
Carrie Davis, director of adult programs at the Lesbian, Gay, Bisexual and
At
first,
Seeing low claims, the city's insurance carriers -- Kaiser Permanente, Blue Cross and Blue Shield, and Health Net -- began covering the surgeries. And after reducing the surcharge, the city dropped it in July.
"It's
now actually part of the overall rate structure in the same way as any other
medical condition or need is," said Bart Duncan, executive director of
San Francisco's Health Services System. "It was kind of like domestic
partner benefits. People were scared until
Those
same insurers don't yet offer the benefit to people who buy insurance on their
own, though. More employers must ask for the benefit before it becomes
normalized, said Dr. Robin Dea, chairwowan of the chiefs of psychiatry for
Kaiser Permanente of
"Let's face it: these surgeries are not cheap, and if you're a large insurer in an area with many people who are transgender and only one insurance company has it available as part of the basic benefit, every transgender person would be waiting for the next open enrollment," Dea said.
Even where it is offered, using the insurance can be an ordeal.
Jennifer Milburn, a researcher at UCLA, has had trouble getting reimbursed for the $7,000 she paid out of pocket for her surgery.
"Everyone is honestly trying to help, but it's just so new that there's sand in the gear of every single wheel," she said. UC began offering the coverage in 2005.
Still looming is the question of how transitioning should be classified medically.
"Down the road, the judgment that needs to be made is judging psychologically what is the person's gender identity and, in addition to that, is doing this kind of surgical procedure really going to be a life-enhancing event for this individual?" Dea said.
The
sex-reassignment-surgery
coverage that HealthNet, Cigna,
"Gender reassignment is not a medical necessity in terms of treating disease or injury," said Brad Kieffer, a spokesman for HealthNet.
Still, those pushing for health insurance coverage for transsexual procedures expect to keep making progress.
"Ultimately,
the understanding that this is a life-saving and fundamental service for
people who need it really deals with all those questions," said Andre
Wilson, a
E-mail Wyatt Buchanan at wbuchanan@sfchronicle.com.
This article appeared on page B - 4 of the San Francisco Chronicle
1. Music Video on Intersexed Persons – very moving
2. Gender and the Pulpit
3. 12-Year Old Begins Sex Change Therapy
4. Majority In Conservative Judaism Support Gay Ordinations Survey Finds
5. Spitzer Triples Spending on Gay Community Health Programs
1.
Music Video on Intersexed Persons – very moving
This is the first song/video I’ve ever seen on intersex. The shame/secrecy/fear/freak are all part of my experience, but thankfully not the surgery. In all the years I’ve been talking online to other intersexed people I’ve never met anyone who suffered infant genital mutilation and felt any differently than this song/video portrays. Those of us who weren’t forced into surgery were traumatized by the calumny and condemnation of parents and doctors that leaves us all pretty damaged. Intersexed people need allies and the help people give the intersexed is part of freeing themselves from all the unfair gender expectations imposed on them too.
Jim Costich
You might want to see the following video
FYI,
Jim Costich is an intersexed friend of mine. I thank him for sharing
this.
2.
Gender and the Pulpit
Workplace difficulties can arise for trangendered persons in nearly all professions, but what about those who are called to work for God?
Rabbi Levi Alter (left) and the Rev. Joshua Holiday, a female-to-male pastor, took a break from the summit
WEB EXCLUSIVE
By Lauren McCauley
Special to Newsweek
Updated: 4:42 p.m. ET Jan 23, 2007
At
the time of her “transition,” Swenson did not resist the church’s
questions nor blame its reluctance. “I had been in the closet for 30 years,
learning to accept myself,” she says. “It is difficult for me to be angry
at others for not accepting.” Married with two daughters before her
transition, Swenson described her struggle, years later, in a sermon: “I had
spent the better part of four decades wrestling secretly with the unreasonable
and incorrigible desire to be female.” After almost three years of grueling
questions and debate, the Presbytery finally agreed, 181-161, to sustain her
ordination, making Swenson the first known Protestant minister to transition
from male to female while remaining in office. Now 59, Swenson is tall and
blond, with shoulder-length hair and an assertive manner.
|
|
|
Kimberly White / Reuters The
Rev. Cameron Partridge (left), a transgender Episcopal priest, spoke
as Reuben Zellman, the first openly transgender student to be admitted
to
|
This
past weekend, Swenson and her peers gathered in the hills of
At the heart of almost every conversation that occurred during the conference was this: how does a person who chooses to live “with permanent gender ambiguity,” as one handout put it, also participate as a leader in an institution as traditional as religion?
Conference
organizers think the time is right for transgendered persons of faith to come
out of the closet. “Transgendered people are beginning to find their public
voice with more advocates and opportunities for protection,” explains Justin
Tanis, an ordained minister who helped put together the summit—and who was
born female. With the House and Senate now under Democratic control,
The transgender issue is so new that most religious denominations have not yet made policy statements about it. In 2003, the Roman Catholic Church announced that transsexuals suffer from “mental pathologies” and should be barred from religious orders and the Catholic priesthood. Often using Biblical language to make their point, conservative Christian groups have treated transsexuals and other people with ambiguous gender as having psychological defects that can be cured with psychotherapy. Swenson, not surprisingly, objects to this characterization. “To pick out small pieces of Scripture and use them in a hateful way is damaging to me and to the Scripture,” she explains. “God says to love one another; should anything else matter?” Swenson finds evidence of God’s love, for her unique case, in Isaiah: “To the eunuchs who keep my Sabbaths, who choose the things that please me and hold fast my covenant, I will give, in my house and within my walls, a monument and a name better than songs and daughters; I will give them an everlasting name that shall not be cut off.” (Isaiah 56:1-5).
Transgendered
people say another difficulty is that many religious denominations reinforce
gender stereotypes—conventions about women’s and men’s roles in the life
of a church, for example, that pose problems for people who want to live
outside those rules. “The Bible has been used incorrectly throughout history
to justify slavery and to oppress women,” says Joshua Holiday, a
female-to-male pastor at the LIFE (Love Is For EveryBODY)
Transgendered
clergy say they know that parishioners can become distracted by thoughts about
what lies beneath their robes, but they hope that people in the pews can learn
to see them as ministers with a holy mission. Religion, says
© 2006 Newsweek, Inc.
3.
12-Year
Old Begins Sex Change Therapy
by 365Gay.com Newscenter Staff
Posted: January 29, 2007 - 3:00 pm ET
(
Born biologically male and named Tim by her parents, the child from birth rejected male identifiers, adopted the name Kim, and at the age of 12 was diagnosed officially as transsexual.
Following physical and psychological examinations doctors determined it would be in Kim's best interests to immediately begin gender reassignment.
Her birth records have been changed to reflect her correct sex and name and doctors started administering hormone treatments.
That
was two years ago, although media reports in
In an interview with the the German news magazines Stern and Der Spiegel, Kim's father, identified only as Lutz P said that while they were at first concerned the grew to see their child as a girl.
"We saw Kim as a girl, but not as a problem. Our life was surprisingly normal," he said.
But he said that when Kim began to show the first signs of puberty she became depressed.
"At that stage we realized that she was terrified of growing facial hair and her voice breaking."
While some doctors wanted to wait until she was older before starting sex reassignment others said it should commence immediately because growing up to be a man could permanently damage her emotionally.
"Kim
is a mentally well-developed child who appears happy and balanced," Dr
Bern Meyenburg who studies transsexuality in teens at
"There is no doubt of the determined wish, that was already detectable since early childhood. It would have been very wrong to let Kim grow up to be a man. It is rare to have such a clear-cut case."
©365Gay.com 2007
4.
1.
Ex-Cop
Sentenced To 24 Years For Rape Of
by 365Gay.com Newscenter Staff
Posted: January 20, 2007 - 4:00 pm ET
(
Dean Gutierrez was sentenced in federal court for violating the civil rights of Starlight Bernal by committing aggravated sexual abuse while on duty.
Gutierrez, who served on the force for 16 years before being fired when the federal charges were laid, showed no emotion as the sentence was delivered.
Gutierrez was arrested by San Antonio Police following a lengthy investigation after Bernal filed a complaint.
She
told investigators that on June 10, 2005 she was stopped by a
DNA tests on bodily fluids found in the vehicle and on Bernal led investigators to Gutierrez.
In an interview following Gutierrez' arrest Bernal said,"I begged for my life and that didn't help... He (Gutierrez) could have done this to anyone. He had a badge and a gun. He had all the authority to do what he wanted."
At his trial Gutierrez' attorney did not dispute the DNA evidence but argued that the sex had been consensual and Bernal had filed the charges against the officer in order to sue him in a civil case.
Gutierrez could have been sentenced to life in prison.
In a statement following the sentencing the Department of Justice said it was satisfied with the sentence.
"Officers of the law bear the special responsibility of upholding justice and protecting the rights of all citizens," said Wan J. Kim, assistant attorney general for the civil rights division.
©365Gay.com 2007
2.
Md.
Quandary: Where To Place Transsexual Convict
by
365Gay.com Newscenter Staff
Posted: January 22, 2007 - 5:00 pm ET
(
The
situation arose following the conviction of Dee Deirdre Farmer, 41,on charges
of faking her own death to avoid prosecution. Officials will not say where
Farmer has been temporarily placed while they determine where she should be
incarcerated for her 28 month sentence except to say she is at the
Farmer has been freed from prison last year because she was dying of AIDS. She had been serving a sentence on other charges.
When she faced new criminal charges Farmer forged a Baltimore Circuit Court order to change the death certificate of a man named Charles Smith to reflect that Farmer was the person who had died.
A worker at the State Division of Vital Records noticed the alteration on the document and reported it to the Attorney General’s Office.
These are not Farmer's first offences nor her battle over prison housing.
In
a landmark case, Farmer sued federal prison officials over a 1989 rape that
occurred about a week after Farmer entered a federal maximum-security prison
for men in
The lawsuit claimed the government had violated Farmer's constitutional right to be free of cruel and unusual punishment by ignoring the risk that a feminine-appearing inmate would be raped by other prisoners.
The U.S. Supreme Court ruling in 1994 said that prison officials can sometimes be held liable for inmate assaults revived Farmer's lawsuit, which had been dismissed by lower courts. After the Supreme Court decision, however, she lost the case at trial.
©365Gay.com 2007
4.
First trans admin. law judge sworn in |
NEWS |
Published 01/25/2007
by Zak Szymanski for the Bay Area Reporter
When
Bay Area attorney Victoria Kolakowski applied to take the bar exam in
The
court decision in her favor came quickly. But the situation itself made a
lasting impression on Kolakowski, now 45, who last week became the first
openly transgender person in
"As
transgender people, often we are perceived by people as being ... well,
honestly, crazy or delusional. So to be the first transgender person in this
position is significant," Kolakowski told the Bay
Area Reporter in an interview Saturday, January 20, adding that she
had no similar problems when she took the
Administrative law judges are officials who gather evidence, record facts, write decisions, and preside over hearings relevant to specific government agencies. Kolakowski is an ALJ at the California Public Utilities Commission, and may hold evidentiary hearings on matters such as possible rate increases, newly proposed lines of electricity, and consumer complaints. She was one of eight new ALJs to be sworn into the CPUC on Friday, January 19 by Angela K. Minkin, chief administrative law judge of the commission.
Kolakowski begins her position at a salary of $102,000, she said, based upon the standard formula for employees who already work in comparable positions for the state. Prior to being selected as an ALJ for the CPUC, Kolakowski served in a non-permanent ALJ position for the California Department of Insurance. She worked for the CPUC as a telecommunications policy analyst in 1999, then later served as acting assistant chief counsel of the California Electricity Oversight Board, a group that worked together to pursue and collect refunds from those who overcharged the state during the energy crisis.
She
has a long history of working for LGBT civil rights – as a founding board
member and officer of the organization now known as Equality California, and
as a current board member of
But it is likely her unique combination of technical and legal knowledge that inched her to the top of the list for the competitive CPUC ALJ position. Kolakowski is looking forward to applying that background to a wide range of important decisions that have a tangible impact on Californians.
"One of the things I've always liked about the CPUC is how important it is in lives of everyday people and businesses of the state. You can't open the business section of the newspaper without seeing something we're doing. The things that happen at the CPUC are the basic infrastructure of the state," said Kolakowski, who explained her duties as the objective evaluation of a case based upon existing law, the facts of the situation, and previous administrative decisions of the commission. "For example, every time a new rule is proposed, people have to have an opportunity to give input and provide information. Every time someone wants to raise a rate, the utility has to present evidence that they need this rate increase. Or if an individual has a complaint against a utility because it's not doing what it's supposed to be doing, there needs to be some way for them to get their case heard. So we hold evidentiary hearings. Each communication is a separate proceeding of the CPUC. People come and give testimony, and the administrative law judge drafts a proposed decision that then goes to the commission."
The commission then votes on whether to adopt the decision as written by the ALJ. Not every ALJ decision is adopted – sometimes, the commission comes up with an alternative – but the job of the ALJ, said Kolakowski, is "to create evidentiary records, to weigh that record, and propose a decision. Once it is voted on and approved, that decision becomes the law of the case."
What Kolakowski cannot do, she said, is determine that existing laws are unconstitutional.
"An ALJ can try to come up with a solution that fits the facts as best as possible, but sometimes we have to say, 'unfortunately, the law is not on your side,' even if you made a good case," said Kolakowski. "What we can do sometimes is make recommendations about the ways the rules need to change in the future."
Even non-controversial cases have to be evaluated, said Kolakowski.
"Even if nobody objects to an application, we still have to look at it and say, 'Does this thing meet the standards that the law sets out?' We're not legally supposed to do anything that's not supported by the record, so part of my job is making sure the record is complete enough, so that when a decision is made, all the facts are there."
It's a sobering feeling, she said, "to know that the things you do are extremely important, and matter to people's lives."
Transgender Law Center Director Chris Daley said that Kolakowski's responsibilities are a reflection of her abilities, a refreshing and unfortunately still-newsworthy aspect of the hiring process for transgender people.
"Vicky
is a valued member of the California Bar and the transgender community,"
said a statement from Daley. "Her selection as an ALJ is an example of
how transgender people can succeed in
Despite many gains in transgender civil rights, the TLC release noted, Kolakowski's selection as an ALJ for the CPUC makes her "the only openly transgender judicial or quasi-judicial officer in the state."
"I
am very honored to serve the people of
5.
The
21st Annual Conference of the International Foundation for Gender Education in
I'll never forget my first IFGE Conference, just last year. I had a fantastic time. Some of the best and most educational workshops and seminars one could hope for along with many well thought out and highly entertaining events--just for fun.
Right now the staff of The Transgender Project is busy preparing it's presentation of preliminary findings from baseline interviews of several hundred male to female transwomen for a double workshop session on Thursday, April 12.
Just a few of the workshops include:
Author Arlene Lev Gender-variance within the Family
Author Helen Boyd Trans Sex and Identity
Dr. Richard Docter-- Listening to the Wives of Cross Dressers
Dr. Thomas Bevan-- Biopsychology of Transsexual and Transgender
Phyllis Frye --Transgender Attorney
[Unable to display image]Fredrikka
Maxwell Transgender People of Color
Dr. Jamie Koufman Voice Therapy for the Male to Female Transsexual
Dr. Lee Etscovitz The Transgender Journey: An Experiential Roadmap
The list goes on and on!
Plus
all the events and parties! Meet other Trans men and women from all
parts of the country. Network-Organize-
I strongly urge you to attend.
www.transeventsusa.
Mona Rae Mason
Field Coordinator-
National Development and Research Institutes, Inc.
212.220.0979 Ave. A
212.845.4617 W. 23rd
Transgender
People Face ID Dilemma
by Peter Cassels
EDGE National News Editor
Thursday Jan 4, 2007
Even
as transgender people continue to make strides in overcoming discrimination,
they still face the problem of securing valid identification documents in an
increasingly security-conscious nation.
When Gov. Jon Corzine signed into law a bill on Dec. 20,
But action by the New York City Board of Health last month put the spotlight
on a problem transgender people throughout the nation face: changing their
birth certificates to reflect how they appear, not necessarily how they were
born.
The board voted unanimously on Dec. 5 against a measure to allow transgender
people to amend their birth certificates without requiring that they undergo
sex reassignment surgery, sparking outrage among transgender-rights advocates.
They point out that birth certificates are a vital form of documentation that
are the gateway to all others, such as Social Security cards, school records,
driver’s licenses, passports and employment records.
According to the
Obtaining a driver’s license or passport, the ID gold standards in the U.S.,
are just the tip of the iceberg, says one national transgender activist.
"We are more and more living in a country where having appropriate ID is
necessary," Mara Keisling, executive director of the
Keisling offered as an example the plight of an imaginary person, a composite
of people her organization hears from every day. She has a birth certificate
that says her name is Marcus and that she is a male, but her name is now
Leticia.
At age 12, Leticia told her parents that she’s a girl: "I’ve always
known it. I would like to seek help about this to find out what to do."
Perhaps Leticia’s parents are poor or don’t know how to seek help. Maybe
they’re worried about what people will say or what their fellow churchgoers
will say. They throw Leticia out of the house. "There are tremendous
numbers of LGBT youth who are homeless," Keisling points out. "Very
often, parents put them on the street."
So now Leticia doesn’t have a home. She does everything she has to do to
survive, which is tough, particularly for someone who has no documentation. By
the time Leticia turns 16 she’s moved to
Washington, D.C.
She thinks she can go get a job, maybe go back to school and turn her life
around. The only ID she has access to is a birth certificate that indicates
she is male and her name is Marcus. She doesn’t have the money to get a name
change. She wants to get a driver’s license, because it will help her get a
job. The Department of Motor Vehicles wants to see a birth certificate before
it will issue her first driver’s license. The one she provides lists her
name as Marcus and her gender as male.
Sometimes
the DMV official will say: "Clearly this is wrong. I can see you are
female and I’ll put female." But most of the time the DMV will list her
gender as male, according to Keisling.
Leticia
next applies for a job. She is now in a position where she has to share her
personal medical information with an employer, who really only wants to know
her name. If she writes "Leticia" on the application, they may think
she is lying. If she writes "Marcus," they might say, "Oh, we
don’t want to hire a transgender person."
"So
she must decide how to be honest, but the context that has been created is
that it is almost impossible for her to not be accused of trying to hide
something," Keisling explains.
She
questions the wisdom of putting a person’s gender and other descriptors on
driver’s licenses, which made more sense before photos began to appear
widely on such documents in the 1970s. Keisling’s first driver’s license
listed height, weight, hair and eye color, race, gender, birth date and
address, but had no photo. States eventually dropped race from licenses when
they realized it was discriminatory, but still list the others, most of which
she says make little sense. One can change hair color by dieing it or change
eye color by wearing contact lenses, she points out.
Keisling
says the invasion of privacy transgender people have to endure by revealing
medical information extends to applying for passports, which under tougher
security rules will be required for air travel to all countries in the
She
describes the case of Mike (not his real name), a
When
Mike, who has the opportunity to travel to Canada on business and soon will
need a passport to do so, asked the Passport Office what would happen when if
a customs official notices that his passport lists his gender as female, he
was told that he’d probably have to be strip searched.
"It
is not in anybody’s national-security or public-policy interests" to
invade a person’s privacy in that way, Keisling asserts, "but we as a
society are still stuck in preconceived notions of what a transgender person
is. Somehow this arbitrary rule got attached and it still makes sense to most
people."
The
purpose of passports and birth certificates is not so you can tell who the
transsexual people are, she contends. "It is nobody’s business and no
one has any interest in it. We want to know who has weapons, not who has
penises."
The
solution to the dilemma facing transgender people is to update policies to
reflect a more modern, reality-based understanding of gender and of
transsexual people, Keisling explains. Presumably, agencies want to issue
documents that are accurate and she predicts that one day that will happen.
"They must have policies that are flexible enough to do their job and are
not driven by old, ignorant stereotypes," she says.
Visit
www.nctequality.org
to learn more about transgender people and the issues they deal with.
4.
Australian High Court RulesTranssexuality is a Medical Condition
See Deakin
Law Review
Re Kevin – Significant findings of Justice Richard Chisholm in respect of the
expert medical evidence in that case as to the causation of transsexualism and
as strongly affirmed by the Full Court on appeal
At paragraph [247]: ‘In my view the expert evidence in this case affirms that
brain development is (at least) an important determinant of a person’s sense
of being a man or a woman. No contrary opinion is expressed. All the experts are
very well qualified. None was required for cross-examination, nor was any
contrary evidence called’.
At paragraph [248]: ‘In my view the evidence is, in essence, that the experts
believe that the brain development view is likely to be true, and they explain
the basis for their beliefs. In the circumstances, I see no reason why I should
not accept the proposition, on the balance of probabilities, for the purpose of
this case.’
At paragraph [252]: ‘The traditional analysis that they are
"psychologically" transsexual does not explain how this state came
about. For example, there seems to be no suggestion in the evidence that their
psychological state can be explained by reference to circumstances of their
upbringing. In that sense, the brain sex theory does not seem to be competing
with other explanations, but rather is providing a possible explanation of what
is otherwise inexplicable’.
At paragraph [253]: ‘In other words (as I understand it) the brain of an
individual may in some sense be male, for example, though the rest of the
person’s body is female’.
At paragraph [265]: ‘In my view the argument in favour of the “brain
sex" view is also based on evidence about the development and experience of
transsexuals and others with atypical sex-related characteristics. There is a
vast literature on this, some of which is in evidence, and I can do no more than
mention briefly some of the main points’.
At paragraph [268]: ‘It seems quite wrong to think of these people as merely
wishing or preferring to be of the opposite sex, or having the opinion that they
are’.
At paragraph [270]: ‘But I am satisfied that the evidence now is inconsistent
with the distinction formerly drawn between biological factors, meaning
genitals, chromosomes and gonads, and merely "psychological factors",
and on this basis distinguishing between cases of inter-sex (incongruities among
biological factors) and transsexualism (incongruities between biology and
psychology)’.
At paragraph [272]: ‘In my view the evidence demonstrates (at least on the
balance of probabilities) that the characteristics of transsexuals are as much
“biological” as those of people thought of as inter-sex’.
At paragraph [136]: ‘I agree with Ms Wallbank that in the present context the
word "man" should be given its ordinary contemporary meaning. In
determining that meaning, it is relevant to have regard to many things that were
the subject of evidence and submissions. They include the context of the
legislation, the body of case law on the meaning of "man" and similar
words, the purpose of the legislation, and the current legal, social and medical
environment. These matters are considered in the course of the judgment. I
believe that this approach is in accordance with common sense, principles of
statutory interpretation, and with all or virtually all of the authorities in
which the issue of sexual identity has arisen. As Professor Gooren and a
colleague put it:-
“There should be no escape for medical and legal authorities that these
definitions ought to be corrected and updated when new information becomes
available, particularly when our outdated definitions bring suffering to some of
our fellow human beings”.’
Now that's the findings of a High Court, one used to dealing with scientific and
other expert evidence.
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Jacinta Bunnell
author of
“Girls Will Be Boys Will Be Girls Will Be...”
will host a gender coloring book workshop in Buffalo on June 16.
Bunnell facilitates workshops about gender and sexuality in which participants make a collective coloring book that deconstructs, dismantles, and in general shakes up traditional notions of gender.
Her workshop is ideally targeted at high-school-aged youth, people who work with youth, and any one who is looking for a fun, innovative forum to talk about gender and sexuality issues.
The workshop takes place at:
Talking Leaves Bookstore
3158 Main St, Buffalo
Friday, June, 16th
5:00 pm.
For more information call:
(716) 837-8554