Vitale Letter #242, November 11, 2002 Anne Vitale PhD, Editor
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- Notes on Gender Transition
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- LEAD STORY -- Media Follow up on beating death of Gwen Araujo
Shadows of art and death. With teen's strangling, play about Laramie hate crime hits home Play About Gay Murder Victim Opens in San Francisco Suburb Shaken by Death of Cross-Dresser Teen's slaying brings message of `The Laramie Project' home to young cast Slain transgender teen honored in Novato Parallel Haunts H.S. Production
- ANNOUNCEMENTS
- [1]CYBERSPACE: Dr. Rebecca Auge announces new page to her web site.
- [2] USA: California--Support/Social/Discussion group for transgender, transexual, genderqueer,
- intersex & questioning (TGIQ) young folks 20 & younger
- GENERAL INFORMATION
- [3] USA: Georgia --Trans Woman First Member of New Panel
- [4] UK--Sex change nurse speaks about experiences
- [5]USA: San Francisco--Transgender residents still face bias, report says
- [6] INDIA--Boy forced to become eunuch
- [7]ITALY--Man has legal "sex change" to be who he has always been
- [8]MEXICO:Tecate--Mexico's transvestite ban draws gay protest
- [9]UK: Sex-change woman wins police case
- [10] MALAYSIA --Authorities bust transvestite beauty pageant
- 11] UK: TImes Online--Revealing truth just a nip and tuck decision
LEGAL ACTION [12a] UK: A.vs Chief Constable of West Yorkshire Police [12b] A v Chief Constable of the West Yorkshire Police [13] USA : Man Found Guilty of Slaying of Transsexual [14] USA: Brandon Tina's mother seeks more money [15]USA Judge sued for jailing TG man over marriage licenses HEALTH AND SCIENCE [16] USA: Estrogen linked to more efficient regulation of a woman's heartbeat [17] UK: Sheep study poses sexuality questions ARTS & ENTERTAINMENT [18] USA: Gender Bender--The divas aren't always in dresses in HGO's avant-garde Ariodante [19] THAILAND : Champ to play role of 'lady boy' COMMENTARY
- Gwen Araujo --A sad, familiar tale
- Rosalyne S. Montgomery
- Gwen Araujo ---All we need to know about gender
Boston Passes Historic Transgender Equal Rights Legislation The National Transgender Advocacy Coalition (NTAC) RE: "The Human Rights Commission wants to force its ideas of morality on the community of Eugene". By Kelly Stevens
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LEAD STORY-- Media Follow up on beating death of Gwen Araujo
Shadows of art and death With teen's strangling, play about Laramie hate crime hits home Top newsobserver.com : features http://newsobserver.com/features/story/1901365p-1885455c.html Sunday, November 10, 2002 12:00AM EST Shadows of art and death With teen's strangling, play about Laramie hate crime hits home By MICHELLE LOCKE, The Associated Press NEWARK, CALIF.--Sara deMelo stands on her high school stage, bathed by a spotlight's cold glow. She is delivering the monologue of a cyclist who found battered gay college student Matthew Shepard tied to a fence outside Laramie, Wyo. "I-I just thought it was a scarecrow," she says, her voice trembling as she nears the end of the speech. "But when I saw hair, well, I knew it was a human being." Sara's part in "The Laramie Project," the groundbreaking drama based on the Shepard case, is much more than a role. In October, deMelo and her fellow players at Newark Memorial High School were caught in a haunting coalescence of art and life when a teen from their own small suburb was beaten and strangled, allegedly by three men who were angry that the beautiful blonde they knew as Lida was biologically male. "It's like life imitating art imitating life," deMelo says. "It made everything just real." "The Laramie Project" is an account of the reactions in Laramie, Wyo., to the murder of Shepard, a University of Wyoming student. Shepard, who was gay, died Oct. 12, 1998, after he was lured from a bar, kidnapped, tied to a fence and beaten with the butt of a gun. Two men are serving life in prison for the murder. The script comes from more than 200 interviews playwright Moises Kaufman and his Tectonic Theater Company conducted in Laramie. The words are presented verbatim, capturing the raw immediacy of the tragedy. Last spring, when the drama department at Newark Memorial decided to perform the play, "tragedy" wasn't a word easily associated with Newark, a bustling city of about 43,000 on the southeast edge of San Francisco Bay. Still, trouble wasn't unknown here. Drama teacher Barbara Williams proposed doing the play, prompted by an incident a few years ago in which one Newark Memorial student beat up another, who was gay. She took it personally; she had taught both. "I said this town needs it. We have to do this show." In September, a newspaper article announced the coming performance. Within days, anti-gay preacher Fred Phelps, who taunted gays outside Shepard's funeral and thus became a character in "The Laramie Project," sent a fax announcing his followers would protest the play. Some students were afraid; some thought it was "kind of cool," recalls cast member Kate Lyness. None considered switching to a safer topic. "Never," says Williams. Rehearsals began. Then, in early October, a rumor started going around. Eddie Araujo, who went to another Newark high school but was friends with a cast member, was missing. Araujo, who liked to call himself "Gwen" or "Lida," had last been seen at a party in Newark, dressed in a miniskirt. On Oct. 16, police said they had found a body in a shallow grave in the Sierra Nevada foothills, about 150 miles east of Newark. The next day, the news was out. Three men -- one 19, two 22, all of whom attended Newark Memorial -- were in jail, charged with murdering Araujo on Oct. 3. Most of the cast went to Araujo's funeral, listening as the dead teen's family spoke with an unrehearsed poignancy that echoed the uncensored emotion of "The Laramie Project." "The night of the funeral -- I think that's when everything hit me," says deMelo, who saw her gay cousin there. "When this first happened, he was the first person I thought of. I was, you know -- 'That could be him.' And then, when I saw him, I totally broke down." Echoes of art and life "There was nothing I could do. I mean, if there was anything ... I would've done it, but there was nothing." -- "Laramie Project." Like Laramie, the day the Araujo story broke, reporters swooped into Newark. And there are other reminders of the link between the plains city of Laramie and the mini-malled suburb of Newark. "Every day I hear a line from the show," says cast member Joe Magdalena. One came from a family member who wondered aloud whether Araujo had somehow been asking for trouble, partying as a girl. Maybe, he theorized, it was a 50-50 thing. In the play, a Laramie resident talks about a defendant's claim that Shepard made a sexual advance, rationalizing, "You know, maybe it's 50-50." "I pulled out the play and I showed him that line," Magdalena says. "I said, 'This is not one of the good lines of the play.' And he apologized." Characters in "The Laramie Project" frequently struggle to explain the unexplainable. In Newark, student actors at least have a script to go by. "For the people in Laramie, it was more than a play. It was about a dialogue. And now for this community, again it has become a dialogue," says playwright Kaufman. "I think there is something kind of good about a play being able to play that role in a community. Theater has the power to do that." "The Laramie Project" was cited by Time magazine as one of the 10 best plays of 2000. It opened in Denver to critical acclaim and was made into an HBO movie. Kaufman estimates there are 350 productions this year just counting nonprofessional productions. He planned to attend Friday's sold-out opening in Newark. Seeing the play set against a backdrop of another killing is "so devastating," Kaufman says. "You think, 'How many more kids are going to have to die before all of this is over?' " 'What just happened?' "What would he have become? How could he have changed his piece of the world to make it better?" -- Dennis Shepard at the sentencing of one of his son's killers. In the Araujo case, police say the teen was killed after his biological identity was uncovered at a party at the home of one of the defendants. Police say Araujo, a slender 5 feet and 7 inches, was knocked to the ground by his alleged 6-feet-tall attackers, dragged semiconscious to the garage and strangled with a rope. One defendant in the Araujo case has pleaded not guilty. Shepard was gay; Araujo has been referred to as "transgender," which does not mean gay but includes cross-dressers, transvestites, transsexuals and those born with the physical characteristics of both sexes. For the students putting on "The Laramie Project," the last few weeks have been a blur. "I still think that once this is all over, we're going to be like, 'What just happened?"' says Kate Lyness. Against the backdrop of the unfolding legal case, cast members have learned their lines, blocked their moves, practiced costume changes. In an impressive bit of staging, students took $3 landscape timbers and lashed them together to make a buck-and-rail fence that stretches across the auditorium, just below the stage. Mundane yet menacing, the wooden structure looms at the edge of the audience's perspective. It was at a fence like this where Shepard was pistol-whipped with a .357-magnum revolver and tied for 18 hours in near-freezing temperatures, begging for his life. At a recent rehearsal, there were some mesmerizing moments despite businesslike interruptions of, "Further to the LEFT!" and "I can't HEAR you!" Tears came readily. One of deMelo's lines in the play comes from Laramie resident Marge Murray who wonders how "two absolutely human beings cause so much grief for so many people." Is she thinking about Araujo's killers? "Oh, yeah." There's catharsis in her monologue as Aaron Kreifels, the cyclist who found Shepard. "It's like he hadn't really dealt with it. He's almost totally reliving it and going through it again to just cope with it and let the emotions go through him. And that's what I find so great about it is that it's totally raw," she says. "At this point," says deMelo, "there's so many emotions that go through us when we're on stage. It's added more feeling and more passion ... because we have the emotions and we have the feelings." END © Copyright 2002, The News & Observer Publishing Company. Top
Play About Gay Murder Victim Opens in San Francisco Suburb Shaken by Death of Cross-Dresser
TopABCNEWS.com : Play on Gay Victim Opens in Calif.
http://abcnews.go.com/wire/Entertainment/ap20021109_193.html Play on Gay Victim Opens in Calif. The Associated Press NEWARK, Calif. Nov. 9 &emdash; A play about a murdered gay college student has taken on new significance in a town shaken by the death of a 17-year-old boy who dressed as a girl. "Everything that's gone on has brought a completely different perspective of life in general, I think, to all of us and how we treat each other," said Kate Lyness, one of the student actors in "The Laramie Project" at Newark Memorial High School. Students planned months ago to put on "The Laramie Project," which tells the story of Matthew Shepard, the young gay man who died in October 1998 after he was beaten and tied to a fence outside Laramie, Wyo. Two men are serving life in prison for the killing. The Newark student players ran into controversy in September when anti-gay pastor Fred Phelps, who picketed Shepard's funeral and is one of the characters in the play, sent a fax declaring his followers would picket the play. In October, the student production was back in the national spotlight with the death of Eddie "Gwen" Araujo. Police said Araujo was killed by three men angry that the person they knew as "Lida" was anatomically male. One of the men accused in Araujo's death, Jaron Chase Nabors, 19, has pleaded innocent. The others, 22-year-olds Jose Antonio Merel and Michael William Magidson, appeared briefly in court Friday but did not enter a plea. Their lawyers, who said they need time to go over evidence in the case, got a new hearing date of Dec. 13. Outside the courtroom, Michael P. Thorman, who represents Magidson, said comparisons between Araujo's slaying and the Shepard case are off-base. "Eddie Aruajo unfortunately was killed, but he was not singled out because of his sexual orientation or his gender," Thorman said, declining to elaborate. At a rainy candlelight vigil before the play Friday night, Araujo's mother, Sylvia Guerrero, spoke tearfully of her loss and said she hoped her son's death would bring a new understanding of the importance of tolerance. "He had a lot of pain as he was growing up and in his death he had a lot of pain," she told about 200 people at the vigil. "I only wish I could have been there that night so that I could have protected him because I loved him with all my heart." Guerrero has tried to stay in seclusion since the murder but said she felt moved to speak out in support of tolerance. Playwright Moises Kaufman attended the Friday night opening of the play, which had a packed house of about 300 people. "It was about Laramie, but it was about here," Kaufman said. "It was about now." For students in Newark, "The Laramie Project" has put words to grief. "The play is so close to the reality," said drama teacher Barbara Williams, who produced the play. "It comes out of the heart." END Copyright 2002 The Associated Press. All rights reserved. © 2002 ABCNEWS Internet Ventures. Top
Teen's slaying brings message of `The Laramie Project' home to young cast Top Mercury News | 11/08/2002 | Teen's slaying br... http://www.bayarea.com/mld/mercurynews/news/local/4472794.htm Posted on Fri, Nov. 08, 2002 By Dana Hull Mercury News High schools throughout the country are mounting productions of ``The Laramie Project,'' the play based on the brutal 1998 murder of Matthew Shepard, a gay Wyoming college student. But perhaps nowhere is the play's message of tolerance more poignant than at Newark Memorial High School, where it will premiere tonight, barely a month after a transgender teenager from Newark was killed and buried in a shallow grave near Placerville. Eddie ``Gwen'' Araujo's slaying -- and the arrest of three young local men accused of the crime -- has focused nationwide attention on the Newark Memorial production, which is sold out as people from Los Altos to Los Angeles snapped up the $8 tickets. State Sen. Liz Figueroa, D-Fremont, bought $500 worth of tickets so low-income students could attend. Moises Kaufman, the playwright, is flying in and will take part in a panel discussion involving the young actors and the audience tonight. ``One of the kids told me that `we are Laramie' and that really moved me,'' said Kaufman, a native of Venezuela and founder of the Tectonic Theater Project in Manhattan. ``When I heard about Araujo, it was eerily like when Matthew was murdered. The irony of it all is both devastating and heartbreaking.'' 400 productions The critically acclaimed play, recently released for amateur productions, explores the impact of Shepard's murder on the people of Laramie, Wyo. The dialogue is taken from extensive interviews with residents of the town. Kaufman said that 400 productions of ``The Laramie Project'' are being staged across the country this year, and most of them are at high schools and colleges. Locally, Gunn High School in Palo Alto and Bishop O'Dowd High School in Oakland are among the schools staging productions this month. Barbara Williams, one of two drama teachers at Newark Memorial, decided that she wanted to stage ``The Laramie Project'' after she saw it at the Berkeley Repertory Theater last spring. ``As soon as I saw it I knew that we had to do it,'' said Williams, who has taught in the Newark Unified School District since 1965. ``The play is not just about a gay person. It's about having tolerance and compassion for all human beings.'' Newark Memorial's cast was already rehearsing ``The Laramie Project'' when rumors swirled through the courtyards that Araujo, a transgender 17-year-old who had dropped out of the city's schools, had been found dead. Araujo, who was living as a woman and wore women's clothing, was beaten and strangled to death, and the case is being prosecuted as a hate crime. Newark residents are grappling with many of the same questions that once faced the people of Laramie, nearly 1,000 miles away. ``You sort of feel guilty in a way because you don't really deserve all of the attention,'' said senior Samantha Sass, 17. ``But we're living the play.'' ``It's been kind of hard to concentrate,'' said senior Kevin Williams, 17, who portrays Matthew Shepard's father in the production. ``Everyone's feeling the stress.'' Supporting cast Hundreds are expected to show up at the school on each night of the performance for candlelight vigils designed to honor Araujo and support the cast for putting on the play. Rev. Fred Phelps, a fundamentalist preacher from Kansas who picketed Matthew Shepard's funeral, has said that he will go to Newark to protest the play next Friday. His presence will probably draw hundreds of counter-demonstrators, and at least 20 Newark police officers will be on hand to provide security. Through the emotional whirl of recent weeks, Barbara Williams has been the play's director and an anchor for the cast, which has dealt with everything from anti-gay slurs from other students to last-minute lighting problems. Not to mention stage fright. Oscar Wilde famously said, ``Life imitates Art far more than Art imitates life.'' Oct. 25, the day of Araujo's funeral, was an example of art imitating life imitating art. When Phelps picketed Matthew Shepard's funeral, activists from Laramie donned white angel costumes to block his view of the proceedings -- an event vividly portrayed in the play. At Araujo's funeral, student actors wore their own angel costumes and quietly sang ``Amazing Grace'' to a sobbing crowd. At first, the seven Newark actors held hands and stood in a small circle. But the circle eventually swelled to include more than 100 people. ``Going to the funeral really brought the play to life,'' Kevin Williams said. ``When I saw Gwen's family, it really tore me up. After that I was able to make myself cry on stage.'' As the opening curtain approached this week, the cast stayed at school for dress and technical rehearsals until 7 p.m. and often later each night. They were nervous about the big crowds and, like any other cast, concerned about how their work will be received by the audience. ``A lot of adults are coming, but we're really doing the show for the high school,'' said senior Jeff Bryant. ``That's who is on the front lines. I hope this play will make a mark on society.'' Stephanie Baumann, another cast member and one of Araujo's friends, often wept during rehearsals. ``When I'm up there on stage and they're talking about how Matthew Shepard was beaten, it makes me wonder if Eddie had to go through this too,'' she said. ``I'm dedicating my performance to him.'' --- Contact Dana Hull at dhull@sjmercury.com or (510) 790-7311. Top
Slain transgender teen honored in Novato, California Top Marin IJ - Slain transgender teen honored in ... http://www.marinij.com/news/stories/index9002475.html Thursday, November 07, 2002 By Jane Futcher High school students from Novato held a candlelight march last night to remember 17-year-old Eddie Araujo, a transgender youth brutally murdered in Newark on Oct. 3. More than 40 students and supporters walked somberly the roughly six blocks from Tully's on Grant Avenue to the Novato Teen Center, where they talked about how to ensure that such a crime could never happen in Marin. "It struck me really hard because he was my age," said march organizer Sheera Duerigen, a Novato High School senior and president of the school's Gay Straight Alliance. Novato "has the potential to be safe, and that's what we keep working for." Two students drove all the way from Rohnert Park to honor Araujo. "I felt it was really important, said Danielle Silk, a junior at Rancho Cotati High School. "The environment in Sonoma isn't terrible but it could be better." The president of San Marin High School's Gay Straight Alliance, Laura Kopp, said her goal was to raise community awareness of hate crimes and correct misinformation about Araujo's killing. She said she had heard students blaming Gwen for "hitting on" guys at school. "No matter how it happened, it happened and it was wrong, and I do think it could happen in Novato if we don't start education," Kopp said. A number of parents and community members congratulated the teens for their bravery and courage in marching, including a woman wearing a martial arts uniform, or "gi." She told the group that hate crimes stem from bullying and urged Novato to adopt a "zero tolerance" approach to name-calling and harassment. The coordinator of the Novato Teen Center, Orlando Macias, offered the space to the group for a "Zero Tolerance Ball." "This place is for teens. Use your resources the resources you have in Novato," Macias said. "You're the us of tomorrow. You do have support. I love the fact that something like this is going on. You guys are great." END
Parallel Haunts High School Production Top WorldNews: Parallel Haunts H.S. Production http://cgi.wn.com/?action=display&article=16616313&template=worldnews/search .txt&index=recent Thu, 7 Nov 2002 The Associated Press NEWARK, Calif. (AP) &emdash; Sara deMelo stands on her high school stage, bathed by a spotlight's cold glow. She is delivering the monologue of a cyclist who found battered gay college student Matthew Shepard tied to a fence outside Laramie, Wyo. ``I-I just thought it was a scarecrow,'' she says, her voice trembling as she nears the end of the speech. ``But when I saw hair, well, I knew it was a human being.'' Her part in ``The Laramie Project,'' the groundbreaking drama based on the Shepard case, is much more than a role. Earlier this month, deMelo and her fellow players at Newark Memorial High School were caught in a haunting coalescence of art and life when a teen from their own small suburb was beaten and strangled, allegedly by three men who were angry that the beautiful blonde they knew as ``Lida'' was biologically male. ``It's like life imitating art imitating life,'' deMelo says. ``It made everything just real.'' ``The Laramie Project'' is an account of the reactions in Laramie, Wyo., to the murder of Shepard, a University of Wyoming student. Shepard, who was gay, died Oct. 12, 1998, after he was lured from a bar, kidnapped, tied to a fence and beaten with the butt of a gun. Two men are serving life in prison for the murder. The script comes from more than 200 interviews playwright Moises Kaufman and his Tectonic Theater Company conducted in Laramie. The words are presented verbatim, capturing the raw immediacy of the tragedy. &emdash;&emdash;&emdash; ``We've become Waco, we've become Jasper. We're a noun, a definition, a sign.'' &emdash; ``The Laramie Project.'' &emdash;&emdash;&emdash; Last spring, when the drama department at Newark Memorial decided to perform the play, tragedy wasn't a word easily associated with Newark, a bustling city of about 43,000 on the southeast edge of San Francisco Bay. Still, trouble wasn't unknown here. Drama teacher Barbara Williams proposed doing the play, prompted by an incident a few years ago in which one Newark Memorial student beat up another, who was gay. She took it personally; she had taught both. ``I said this town needs it. We have to do this show.'' In September, a newspaper article announced the coming performance. Within days, anti-gay preacher Fred Phelps, who taunted gays outside Shepard's funeral and thus became a character in ``The Laramie Project,'' sent a fax announcing his followers would protest the play. Some students were afraid; some thought it was ``kind of cool,'' recalls cast member Kate Lyness. None considered switching to a safer topic. ``Never,'' says Williams. Rehearsals began. Then, in early October, a rumor started going around. Eddie Araujo, who went to another Newark high school but was friends with a cast member, was missing. Araujo, who liked to call himself ``Gwen'' or ``Lida,'' had last been seen at a party in Newark, dressed in a miniskirt. On Oct. 16, police said they had found a body in a shallow grave in the Sierra Nevada foothills, about 150 miles east of Newark. The next day, the news was out. Three men &emdash; one 19, two 22, all of whom attended Newark Memorial &emdash; were in jail, charged with murdering Araujo on Oct. 3. Most of the cast went to Araujo's funeral, listening as the dead teen's family spoke with an unrehearsed poignance that echoed the uncensored emotion of ``The Laramie Project.'' ``The night of the funeral &emdash; I think that's when everything hit me,'' says deMelo, who saw her gay cousin there. ``When this first happened, he was the first person I thought of. I was, you know &emdash; 'That could be him.' And then, when I saw him, I totally broke down.'' &emdash;&emdash;&emdash; ``There was nothing I could do. I mean, if there was anything ... I would've done it but there was nothing.'' &emdash; ``Laramie Project.'' &emdash;&emdash;&emdash; Like Laramie, the day the Araujo story broke, reporters swooped into Newark. There are other reminders of the link between the plains city of Laramie and the mini-malled suburb of Newark. ``Every day I hear a line from the show,'' says cast member Joe Magdalena. One came from a family member who wondered aloud if Araujo had somehow been asking for trouble, partying as a girl. Maybe, he theorized, it was a 50-50 thing. In the play, a Laramie resident talks about a defendant's claim that Shepard made a sexual advance, rationalizing, ``You know, maybe it's 50-50.'' ``I pulled out the play and I showed him that line,'' says Magdalena. ``I said, 'This is not one of the good lines of the play.' And he apologized.'' Characters in ``The Laramie Project'' frequently struggle to explain the unexplainable. In Newark, student actors at least have a script to go by. ``For the people in Laramie, it was more than a play. It was about a dialogue. And now for this community, again it has become a dialogue,'' says playwright Kaufman. ``I think there is something kind of good about a play being able to play that role in a community. Theater has the power to do that.'' ``The Laramie Project'' was cited by Time magazine as one of the 10 best plays of 2000. It opened in Denver to critical acclaim and was made into an HBO movie. Kaufman estimates there are about 350 productions this year just counting nonprofessional productions. He plans to attend one, the sold-out Nov. 8 opening in Newark. Seeing the play set against a backdrop of another killing is ``so devastating,'' says Kaufman. ``You think, 'How many more kids are going to have to die before all of this is over?''' &emdash;&emdash;&emdash; ``What would he have become? How could he have changed his piece of the world to make it better?'' &emdash; Dennis Shepard at the sentencing of one of his son's killers. &emdash;&emdash;&emdash; In the Araujo case, police say the teen was killed after his biological identity was uncovered at a party at the home of one of the defendants. Police say Araujo, a slender 5 feet and 7 inches, was knocked to the ground by his alleged 6-feet-tall attackers, dragged semiconscious to the garage and strangled with a rope. One defendant in the Araujo case has pleaded innocent. Shepard was gay; Araujo has been referred to as ``transgender,'' which does not mean gay but includes cross-dressers, transvestites, transsexuals and those born with the physical characteristics of both sexes. For the students putting on ``The Laramie Project,'' the last few weeks have been a blur. ``I still think that once this is all over, we're going to be like, 'What just happened?''' says Kate Lyness. Against the backdrop of the unfolding legal case, cast members have learned their lines, blocked their moves, practiced costume changes. In an impressive bit of staging, students took $3 landscape timbers and lashed them together to make a buck-and-rail fence that stretches across the auditorium, just below the stage. Mundane yet menacing, the wooden structure looms at the edge of the audience's perspective. It was at a fence like this where Shepard was pistol-whipped with a .357-magnum revolver and tied for 18 hours in near-freezing temperatures, begging for his life. At a recent rehearsal, there were some mesmerizing moments despite businesslike interruptions of, ``Further to the LEFT!'' and ``I can't HEAR you!'' Tears came readily. One of deMelo's lines in the play comes from Laramie resident Marge Murray who wonders how ``two absolutely human beings cause so much grief for so many people.'' Is she thinking about Araujo's killers? ``Oh, yeah.'' There's catharsis in her monologue as Aaron Kreifels, the cyclist who found Shepard. ``It's like he hadn't really dealt with it. He's almost totally reliving it and going through it again to just cope with it and let the emotions go through him. And that's what I find so great about it is that it's totally raw,'' she says. ``At this point,'' says deMelo, ``there's so many emotions that go through us when we're on stage. It's added more feeling and more passion ... because we have the emotions and we have the feelings.'' END ©2002 WN.com Top
ANNOUNCEMENTS
Top
[1]CYBERSPACE: Dr. Rebecca Auge announces new page to her web site. http://members.aol.com/rebecaauge/Conflict.html Rebecca Auge, Ph.D. Top
[2] USA: California--Support/Social/Discussion group for transgender, transexual, genderqueer, intersex & questioning (TGIQ) young folks 20 & younger Top TRANSMISSION - NEW! Support/Social/Discussion group for transgender, transexual, genderqueer, intersex & questioning (TGIQ) young folks 20 & younger Co-facilitated by Youth Gender Project and The Pacific Center for Human Growth Thursday evenings, 7:00-8:30, starting November 7, 2002 @ the Pacific Center for Human Growth in Berkeley 2712 Telegraph Avenue @ Derby Street across from Andronico's Market, on the #40 bus line For directions, call the Pacific Center @ 510-548-8283 Questions? Call Youth Gender Project at 510-665-9234 or 415-865-5625 or check out our NEW website www.YouthGenderProject.org Top
GENERAL INFORMATION
[3] Trans Woman First Member of New Panel
TRANS=ACTION PRESS RELEASE
Contact: Monica F. Helms, transaction1@prodigy.net
Atlanta, GA - On November 7, 2002, leaders and members of the GLBT community of the greater Atlanta area met with the new community liaison from the Atlanta Police Department, Sgt. Connie Locke. At this meeting, a seven-member panel was formed to become the community‚s link to the Atlanta PD. Dee Dee Chamblee, the President of LaGender, Inc., was the first person to volunteer to be on this panel, representing the Transgender Community.
Seven areas of the GLBT community were initially identified as needing representation on this panel. They were, 1) Transgender community, 2) People of Color, 3) Homeowners, 4) Bars/Businesses, 5) Youth, 6) Non-profit groups, 7) Events. Since this is a new entity being formed in Atlanta, this list is by no means finalized.
"I am proud that Ms. Chamblee stepped up to take on this challenge," said Monica Helms, Executive Director of Trans=Action. "LaGender is a support and out-reach group for transgender people with HIV and AIDS, and Ms. Chamblee brings a wealth of experience to this panel. With her strong voice and convictions, the concerns of the transgender community will be addressed quickly and completely."
The seven-member panel will meet once a month with Sgt. Locke to discuss any problems that may have come up. Sgt. Locke and the new Liaison Unit of the APD have the full and complete support from Atlanta‚s new Police Chief, Richard Pennington.
Top
[4] UK--Sex change nurse speaks about experiences Top Date: Thu, 7 Nov 2002 http://www.thisisthenortheast.co.uk/the_north_east/news/NEWS10.html Sex change nurse speaks about experiences A NORTH-EAST nurse who has undergone a sex change has told a national conference of her experience of becoming a woman while working in the NHS. Clare Morgan, a former male nurse at James Cook University Hospital, in Middlesbrough, addressed delegates at the conference in London last month. The one-day symposium was organised by the Royal College of Nursing in a bid to draw attention to the subject of gender reassignment. There are currently an estimated 5,000 people - both male and female - awaiting surgery in the UK. But someone hoping to undergo a sex change operation on the NHS faces a wait of up to 20 years before receiving surgery, as there are only 48 centres capable of carrying out the operation. According to the RCN, up to 80 per cent of those people on the waiting list either work in the care industry or aim to do so after they have the surgery. A special career advice service set up by the Nursing and Midwifery Council is receiving a growing number of calls regarding transgender issues, especially with regard to treatment by colleagues. The council believes transgender issues could become a concern for several reasons, including bullying, whether or not they should be registered as male or female nurses, and the issue of discrimination against sex change staff who apply for training. Ms Morgan told delegates about her experiences of undergoing gender reassignment. Last night, her colleagues said she had their full support. Steve Moore, of the Royal College of Nurses (RCN), gave his full support, saying: "The RCN recognises that transexualism is a genuine medical condition. "The RCN also expects work colleagues of transgender persons to treat them appropriately." A spokesman at James Cook University Hospital said: "We employ anyone on their ability to do the job. Top
[5]USA: San Francisco--Transgender residents still face bias, report says Top Contra Costa Times | 11/06/2002 | S.F. transg... http://www.bayarea.com/mld/cctimes/news/4456658.htm Posted on Wed, Nov. 06, 2002 ASSOCIATED PRESS SAN FRANCISCO - Despite efforts the city of San Francisco has made to protect the rights of transgender people, they still faces housing, workplace and health care discrimination, a report has found. The Board of Supervisors on Monday heard the final report by the San Francisco Transgender Civil Rights Implementation Task Force. The report looks at how transgender people have done in San Francisco since 1994, when the city added "gender identity" to anti-discrimination laws. It comes two weeks after the funeral of Eddie "Gwen" Araujo, a 17-year-old boy who lived as a girl and was beaten and strangled when his attackers found out he was male. The 32-member task force, made up of doctors, activists, social workers and transgender people, noted San Francisco's gains in protecting the community, such as providing insurance coverage for city employees' sex-change operations, requiring sensitivity training for police officers and making sure jails provide protective housing for transgender inmates. But the task force said transgender people in the city still face hurdles such as being denied housing and access to homeless shelters, as well as losing custody battles and having difficulty getting proper medical care. The task force recommended the city create a nonprofit job training and development agency for transgender people who have difficulty getting jobs, and it asked supervisors to provide a $50,000 grant for the new Transgender Law Center to hire a full-time staff person to help people changing their sex. Top
[6] INDIA--Boy forced to become eunuch Top http://www.expressindia.com/fullstory.php?newsid=16199 From Brenda Lana Smith R.af D. RETRIEVED: Thursday, November 07, 2002 Boy forced to become eunuch Press Trust of India Ludhiana, October 25: In a shocking incident, "some acquaintances" forcefully performed a surgery on a 22-year old boy in an attempt to make him an "eunuch". The matter came to light when the boy, who was held under captivity for about five months in the Haibowal locality, escaped from his acquaintances on Friday and told his misery to reporters in the Civil Hospital in Ludhiana, where he was examined by doctors. Though the victim reported the matter to the police, no formal case has been registered so far. The surgery to convert him into an "eunuch" was performed after making him unconscious, he alleged. © 2002: Indian Express Newspapers (Bombay) Ltd. All rights reserved Top
[7]ITALY--Man has legal "sex change" to be who he has always been Top Dispatch from Italy Luciana Buonocore is a 28-year-old guy. But somebody with bad handwriting, or a misunderstanding of human anatomy, used the feminine form of his name on his birth certificate. Throughout school, his teachers dutifully replicated the mistake because Luciana was his "official" name. Because his obvious masculinity contradicted the femininity of his name, he couldn't get a national identification card or a driver's license, and he couldn't join the army. Seven years ago he'd had enough. He launched a sustained invasion of Italy's constipated legal and administrative system -- only to face setback after setback. Then he discovered he couldn't get married because Italy doesn't recognize same-sex marriages. Finally desperation drove him to a unique tactic: he appealed to have his sexual identity overturned under Italy's sex-change law. Which worked. Here's the story of the sex-change operation that changed everything, and never happened, on the Washington Post: http://www.washingtonpost.com/wp-dyn/articles/A51403- 2002Nov1.html <http://www.washingtonpost.com/wp-dyn/articles/A51403-2002Nov1.html> Stephen L. Braveman, M.A., L.M.F.T., C.S.T. Licensed Marriage & Family Therapist Certified Sex Therapist 494 Alvarado Street, Suite A Monterey, CA 93940 Phone: (831) 375-7553 Fax: (831) 375-7553 www.bravemantherapy.com <http://www.bravemantherapy.com> stephen@bravemantherapy.com Top
[8] MEXICO:Tecate--Mexico's transvestite ban draws gay protest Top BBC NEWS | World | Americas | Mexico's transv... http://news.bbc.co.uk/1/hi/world/americas/2402571.stm From Brenda Lana Smith R.af D. Tuesday, 5 November, 2002, 00:36 GMT Tecate's transvestites will not be allowed to cross-dress Gay rights activists are set to converge on a quiet Mexican border town in the wake of moves to criminalise cross-dressing. Tecate's new town ordinance, scheduled to go into effect in mid-November, bars men from wearing women's clothes. Men who flout the rule could be arrested and fined. Transgressors would not face a jail term, although officials said that in practice it may mean imprisoning people at least overnight. "The majority of votes for this was to avoid Aids, and prostitution if possible," Tecate councilman Cosme Cazares said. "That's why we're focusing on men who dress like women. This is for health reasons. It's not to bother these boys." The new law has sparked outrage on both sides of the border, and gay rights protestors plan to hold Tecate's first ever Gay Pride march on Tuesday. Conduct code The law is one in a series of measures in a "good conduct" code being taken up by the five municipalities in the Pacific coast state of Baja California, which borders California. Tecate was the first to enact it. The ban on cross-dressing is one item in a 130-article ordinance that also bans everything from public urination to graffiti. Tecate has already come under fire for imposing a 22:30 curfew on everyone under 18. In Tijuana, council members pledged this week not to enact the ordinance - after transvestites threatened to publicise the names of officials who have solicited gay prostitutes. The state's other three municipalities have not taken up the ordinance yet. Targeted crackdown Town hall spokesman Jose Luis Rojo said the crackdown on transvestites targets those "who cause - how can I say this - who whistle and yell things at you while you're walking. A lot go out in the night looking for customers and they take advantage of children." The town of 100,000 is said to be concerned over a rise in the number of transvestites who have moved to Tecate in recent years to escape Tijuana's violence. "We are not classifying this as a crime," Mr Cazares said. "It's an infraction just like you get for driving the wrong way down the street." -- See also: 04 Sep 01 | Americas Living in America's shadow http://news.bbc.co.uk/1/hi/world/americas/1525429.stm 07 May 99 | Education Cross-dressing 'helps boys read' http://news.bbc.co.uk/1/hi/education/337745.stm 20 Jul 02 | Country profiles Country profile: Mexico http://news.bbc.co.uk/1/hi/world/americas/country_profiles/1205074.stm END © MMII
[9]UK: Sex-change woman wins police case Top BBC NEWS | England | Sex-change woman wins po... http://news.bbc.co.uk/1/hi/england/2405335.stm From Brenda Lana Smith R.af D. Tuesday, 5 November, 2002, 14:58 GMT The woman wanted to join West Yorkshire Police A transsexual has won her case against a police force which refused to recruit her as a constable. The Court of Appeal ruled that for employment purposes, the transsexual was a woman and the chief constable cannot resist her application to join the force. She had successfully completed a police assessment course but her application to join West Yorkshire Police was rejected in 1998. She alleged that she had been discriminated against on the grounds of sex, but the police said they were discriminating against her because she was a transsexual and that was not unlawful. Blanket Ban The woman, known as Miss A during the court proceedings to protect her identity, underwent sex change surgery in 1996 and now has no male characteristics. She was told by the force that it operated a blanket ban on transsexuals as they posed difficulties when asked to carry out intimate body searches and could never be fully operational. Her barrister, Laura Cox QC, told Lords Justices Kennedy, Buxton and Keene that the question they had to decide was whether her client should be recognised as a woman. European Directives The case reached the appeal court after several employment tribunals came to different conclusions as to whether she had been discriminated against, under both English law and European directives on equal treatment. West Yorkshire Police said there would be no obstacle to her recruitment but for the fact that under English law, gender is assigned at birth and cannot be altered. Miss Cox told the judges the UK and Ireland are the only EU countries where this is still the case and that several police forces have no objection to recruiting transsexuals. Essex and North Yorkshire each have serving transsexual police officers. -- See also: 08 Oct 02 | England Sex-change woman sues police http://news.bbc.co.uk/1/hi/england/2310583.stm 20 Jul 01 | UK Police force reveals transsexual officer http://news.bbc.co.uk/1/hi/uk/1449485.stm 17 Jul 01 | UK Transsexual loses marriage case http://news.bbc.co.uk/1/hi/uk/1442941.stm 24 Sep 98 | Lib Dem Conference 'Give transsexuals their rights' http://news.bbc.co.uk/1/hi/uk_politics/lib_dem_conference/179202.stm 21 Oct 98 | Politics Transexual demands 'respect' http://news.bbc.co.uk/1/hi/uk_politics/198434.stm 20 Oct 98 | Politics MP praises 'The Street' http://news.bbc.co.uk/1/hi/uk_politics/197239.stm -- © MMII Top
[10] MALAYSIA --Authorities bust transvestite beauty pageant Top From: Brenda Lana Smith R.af D. Authorities bust transvestite beauty pageant http://thestar.com.my/news/story.asp?file=/2002/10/30/nation/jhpondan&sec=na tion Wednesday, October 30, 2002 By HAMDAN RAJA ABDULLAH MUAR: Dressed in satin and black gowns complete with chokers, the 200 guests and contestants, some holding bouquets, were gathered at a lounge before the start of a beauty contest. Except for the din of squeaky coarse chatter, they looked every inch women. The contest, held here for the first time to pick the "Queen of PaperDolls 2002," was supposedly the largest gathering of transvestites in this small town also known as the furniture hub in the country. Police and state religious officers broke up the gathering when they raided the lounge at Jalan Arab here at 9.30pm on Monday. The nearly 200 transvestites ran helter-skelter. About 80 of them were arrested by the raiding team headed by religious officer Abdul Rahim Mahmud. The transvestites came from various states and they knew of the contest through their networking. Some tried to escape arrest by climbing up the ceiling of a toilet while others hid inside a secret compartment behind a cabinet. The team also booked four lounge workers found hiding inside the compartment and seized contest prizes such as hampers. The transvestites will likely be charged with wearing female clothes and acting like women at a public place, an offence under Section 7 of the Syariah Criminal Enactment 1988. If convicted, they can each be fined up to RM1,000 or jailed six months or both. Police said the organiser did not have a permit to hold the contest. END © 1995-2002 Star Publications (Malaysia) Bhd (Co No 10894-D) Top
MEDIA WATCH [11] UK: Times Online--Revealing truth just a nip and tuck decision Top From Brenda Lana Smith R.af D. Times Online http://www.timesonline.co.uk/article/0,,27-474061,00.html Football November 09, 2002 Revealing truth just a nip and tuck decision By Danny Baker THE cliffhanging Eric Cantona piece published elsewhere on this page is a very distant echo of the great Hancock's Half Hour episode entitled The Missing Page, so it is almost spooky that this week I met, for the first time, Alan Simpson, half of the mighty Galton and Simpson scriptwriting team who wrote that timeless work. Bizarre, too, that before I can embarrass him with hosannas about his great influence over so many of us contemporary TV midgets, he almost grabs me by the throat and forces me to reveal just who is the former first division superstar now living in the United States as a fully (post) operational woman. Do you know I had almost forgotten about chumming that teasing line a few months back? I think I had been coy about naming names because I was unsure of the legal standing on the fingering of former defenders as transsexuals. However, I have now received so many e-mails and letters containing the person's name complete with documentation and websites that confirm the condition, that I am in danger of looking like somebody who thinks he could scoop the world by revealing that Elton John wears a wig. So here goes. It is Tony Powell, of Norwich City. Well, formerly of Norwich City and, I suppose, of "Tony" Powell too. At least that is who the story centres upon. There are a fair number of websites, too, that have Tony &emdash; now apparently a motel manager in Hollywood &emdash; enjoying the myth of his nip and tuck and feigning confusion as to how it all started. That said, the overwhelming balance of evidence, including a standing appeal for info lodged by the Norwich Evening News in the pages of the San Francisco Examiner, leans towards Tony really being an ex-pro who is today, thanks to a surgeon's skill, just that little bit easier to nutmeg. Not that there is anything too remarkable in that, were it to be true. The list of top-flight players who have embraced women's clothing either during their careers or, as seems more popular, in the years immediately after retirement, is growing by the season. Gary Lineker, Paul Gascoigne, Cantona and David Beckham are just four of the cross-dressing fraternity that I can think of simply off the top of my head. Now while nobody is suggesting that they will inevitably see the thing through into surgery, I don't think we could all pretend to be shocked out of our lives if at least a percentage of them did. After all, we are constantly told that transvestism has no correlation with homosexuality. Therefore it would be foolish to leap to conclusions about changing sex also. Indeed, going the whole medical hog might be seen as the only truly professional way to get to grips with such a lifestyle if that be your determined path. Tony Powell, if he is half the man I have heard he is, probably sneers at Becks and Co as mere gutless day-trippers, scared of laying their ultimate cards on the table. Whatever. That's who the story was about and you and I were possibly the last people in the world to hear of it. Finally, and it is no bad punchline, you might wish to know that Alan Simpson, the genius who begged me to reveal here who it was that had called in "the removal men", is the real-life chairman of Hampton & Richmond Borough Football Club. Fact. And I feel sure that's something Sid James would have enjoyed a great deal . . . Copyright 2002 Times Newspapers Ltd. Top
LEGAL ISSUES [12a] UK: A.vs Chief Constable of West Yorkshire Police Top http://www.lawreports.co.uk/civnovc0.1.htm From Brenda Lana Smith R.af D. Sunday, November 10, 2002 DISCRIMINATION &emdash; Sex &emdash; Employment &emdash; Genuine occupational qualification &emdash; Transsexual rejected for appointment as police constable on ground of inability to carry out personal searches &emdash; Whether exception applicable &emdash; Whether supplementary genuine occupational qualification &emdash; Sex Discrimination Act 1975, ss 7, 7B(2)(a) (as inserted by Sex Discrimination (Gender Reassignment) Regulations 1999 (SI 1999/1102), reg 4(1)) &emdash; Council Directive (76/207/EEC) A v Chief Constable of West Yorkshire Police and another CA: Kennedy, Buxton and Keene LJJ: 5 November 2002 ------------------------------------------------------------------------ A male who had undergone gender reassignment to adopt life as a female transsexual should be treated as a female for the purpose of employment in conformity with European Community law. The rejection of her application for employment as a woman police constable on the basis that she could not carry out intimate body searches infringed the Equal Treatment Directive. For the purpose of equal treatment in employment law, European Convention jurisprudence was introduced into the domestic law by vitue of its status in Community law as from the date of the Directive, not by the Human Rights Act 1998, and therefore covered the acts complained of which took place in 1997. The Court of Appeal so held when allowing an appeal by the claimant, A, from the decision of the Employment Appeal Tribunal [2002] ICR 552, allowing an appeal by the Chief Constable of West Yorkshire Police from the decisions of an Employment Tribunal sitting at Leeds, who on 18 March 1999 held that the Chief Constable had discriminated against A contrary to Pt II of the 1975 Act, and on 1 December 1999 held that s 7B(2)(a) of the 1975 Act, as inserted by the Sex Discrimination (Gender Reassignment) Regulations 1999, was inconsistent with Council Directive 76/207/EEC on equal treatment. The Sex Discrimination Act 1975 provided by s 7(2) that "Being a man is a genuine occupational qualification for a job only where ... (b) the job needs to be held by a man to preserve decency or privacy because (i) it is likely to involve physical contact with men in circumstances where they might reasonably object to its being carried out by a woman..." S 7B(2) as inserted by the 1999 Regulations provided that "there is a supplementary genuine occupational qualification for a job only if&emdash;(a) the job involves the holder of the job being liable to be called upon to perform intimate physical searches pursuant to statutory powers ..." The Police and Criminal Evidence Act 1984 provided by s 54(9) that a "constable carrying out a search shall be of the same sex as the person searched". KENNEDY LJ said that in dealing with a complaint of sex discrimination in the context of employment the focus had to be on s 7(2)(b) of the 1975 Act and not on s 54(9) of the 1984 Act, although the consequences of the decision upon the duties spelt out in the latter statute could not be ignored. In the light of Goodwin v United Kingdom (2002) 35 EHRR 447 it was no longer possible, in the context of employment, to treat the claimant as other than female except perhaps in circumstances where public interest was an overriding consideration. If when dealing with the claimant's application for employment the Chief Constable was bound to treat her as female, then it was not open to him to discriminate against her on the basis that she was transsexual, or to invoke the exception in s 7(2)(b) of the 1975 Act. BUXTON LJ, concurring, said that as a matter of human rights law the court had to apply the law as it was now developed by the Convention organs. The Convention jurisprudence entered the domestic law in this case because of its status in Community law. It had always been assumed in Community jurisprudence that decision on the meaning of the treaties applied from the date of the treaty and not from the date of the decision. It was a fallacy to contend, as did the Chief Constable, that a person should in law be a man or woman for all purposes. The question, rather, was whether the individual met the criteria of the particular rule in issue. In the present case, because of the date at which the acts complained of took place, the Convention jurisprudence was introduced into the domestic law not by the medium of the Human Rights Act 1998, but by the medium of the Equal Treatment Directive. KEENE LJ agreed with both judgments. ------------------------------------------------------------------------ Appearances: Sarah Cox QC and Stephanie Harrison (Winstanley Burgess) for A; David Bean QC and David Jones (West Yorkshire Police Solicitors) for the Chief Constable; Rabinder Singh QC (Treasury Solicitor) for the Secretary of State for Work and Pensions. ------------------------------------------------------------------------ Reported by: Ken Mydeen, barrister. Top
[12b] A v Chief Constable of the West Yorkshire Police Top A v Chief Constable of the West Yorkshire Pol... http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2002/1584.ht ml RETRIEVED: Thursday, November 07, 2002 From Brenda Lana Smith R.af D. Tuesday, November 05, 2002 England and Wales Court of Appeal (Civil Division) Decisions A v Chief Constable of the West Yorkshire Police & Anor [2002] EWCA Civ 1584 (05 November 2002) -- Neutral Citation Number: [2002] EWCA Civ 1584 Case No: A1/2001/2397 IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM EMPLOYMENT APPEAL TRIBUNAL Royal Courts of Justice Strand, London, WC2A 2LL 5th November 2002 B e f o r e : LORD JUSTICE KENNEDY LORD JUSTICE BUXTON and LORD JUSTICE KEENE ____________________ Between: 'A' Appellant - v - (1) Chief Constable of the West Yorkshire Police and (2) The Secretary of State for Work and Pensions Respondents ____________________ Ms Laura Cox QC and Ms Stephanie Harrison (instructed by David Burgess, Winstanley Burgess, City Road, London) for the Appellant Mr David Bean QC and Mr David Jones (instructed by West Yorkshire Police Solicitors) for the Respondent (1) Mr Rabinder Singh QC (instructed by Treasury Solicitor) for the Secretary of State for Trade & Industry as Respondent (2) and Intervener. Hearing dates : 8th & 9th October 2002 ____________________ HTML VERSION OF JUDGMENT : APPROVED BY THE COURT FOR HANDING DOWN (SUBJECT TO EDITORIAL CORRECTIONS) ____________________ Crown Copyright © Lord Justice Kennedy: 1. This is an appeal and a cross-appeal from a decision of the Employment Appeal Tribunal which on 2nd October 2001 allowed the appeal of the Chief Constable from a decision of the Employment Tribunal sitting at Leeds, and remitted the matter to the same Employment Tribunal for re-hearing. History. 2. The appellant is a male to female transsexual. She was registered as male at birth, but in May 1996 underwent gender re-assignment surgery. She changed her identity, moved to a different location, and made new friends who were unaware of her medical history and status. That was considered to be essential to enable her to socialise and become accepted in her community, which was of great importance if her treatment was to have a successful outcome. 3. On 4th January 1997 the appellant applied to become a police constable in the West Yorkshire Police. In a covering letter she raised the question as to whether there would be any problem in a transsexual carrying out searches. She received a reply indicating that the police had considered the point she raised, and were happy to give further consideration to her application. She was assessed and tested in the normal way, and was told that she was successful at each stage. References were taken up, and then on 9th March 1998 she received a letter from the Assistant Chief Constable which stated that since the time of her application the issue of transsexual applicants had been further considered, and it had been decided "that transsexuals will not be appointed to the Force". The letter went on to explain the reason for the decision namely &endash; "Candidates will not be appointed unless they are capable of performing the full duties of a Police Constable. Unfortunately, as you are already aware, legislation affects the carrying out of searches on persons in custody by transsexuals and, therefore, you would not be able to undertake full duties." The appellant alleged that she had been discriminated against on the grounds of sex, and in a letter dated 30th April 1998 the police accepted that they did discriminate against her on the grounds of her transsexuality, but asserted that the discrimination was not unlawful. 4. On 12th May 1998 the appellant began these proceedings by submitting her application to the Employment Tribunal complaining of sex discrimination. On 10th September 1998 she applied to the Employment Tribunal for and obtained an order that "nothing shall be done by way of publication in any newspaper, periodical or other publication or in any media broadcast or transmission to identify the applicant or which is likely to lead members of the public to identify her as the person affected by the subject matter of these proceedings." On 21st September 1998 the Tribunal gave its reasons for making the order, which in paragraph 3 gives a description of the appellant's history since being diagnosed transsexual. I have drawn on that paragraph earlier in this judgment, and part of it reads &endash; "Her ability to find employment, make relationships and integrate with the wider community so that she can live a full life, depends very much on her personal medical details remaining confidential. The social and personal relationships formed since moving to her new community have allowed her to live a normal life as a woman, without fear of assault, abuse or damage to her home and possessions. It has taken her a number of years to get to know people, form friendships, become accepted and valued within the community and to have the confidence to participate in local functions and charity events." The Tribunal's decision goes on to refer to examples of unpleasant media attention directed at transsexuals, and then refers to the appellant's efforts to prevent disclosure of her identity in these proceedings because "she was concerned that such disclosure might lead to unwarranted attention affecting her private and personal life." Before the Employment Tribunal 5. Over a period of four days in February 1999 the Employment Tribunal, with the same chairman, heard the appellant's complaint. The Chief Constable admitted that he had discriminated against the appellant on the ground that she had undergone gender re-assignment, but contended that legally she was male although she presented as a female. The Chief Constable contended that in that situation she would not be able to carry out the full range of policing functions required of a police officer. He contended that conformity of legal and apparent gender was, in the words of section 7 of the Sex Discrimination Act 1975 "a genuine occupational qualification" for that job. For the appellant it was argued that such conformity was not a genuine occupational qualification within the meaning of the section, and if it was then the Chief Constable could make other arrangements without undue inconvenience to accommodate the appellant. 6. The relevant part of section 7 reads &endash; "(1) in relation to sex discrimination &endash; (a) section 6(1) .... (c) [which renders it unlawful to discriminate by refusing to offer employment] does not apply to any employment where being a man is a genuine occupational qualification for the job ..... (2) being a man is a genuine occupational qualification for a job only where &endash; (b) the job needs to be held by a man to preserve decency or privacy because &endash; (i) it is likely to involve physical contact with men in circumstances where they might reasonably object to its being carried out by a woman, or (ii) the holder of the job is likely to do his work in circumstances where men might reasonably object to the presence of a woman because they are in a state of undress or are using sanitary facilities. (3) (iv) paragraph ... (b) ... of sub section (ii) does not apply in relation to the filling of a vacancy at a time when the employer already has male employees &endash; (a) who are capable of carrying out the duties falling within that paragraph, and (b) whom it would be reasonable to employ on those duties, and (c) whose numbers are sufficient to meet the employer's likely requirements in respect of those duties without undue inconvenience." Section 2 of the 1975 Act provides that the provisions relating to sex discrimination against women are to be read as applying equally to the treatment of men, and for that purpose have effect with such modifications as are requisite. It follows that if this were a case of a man other than a transsexual alleging discrimination against him in circumstances where discrimination was admitted but section 7 was relied upon the word "man" would have to be replaced by the word "woman" in those parts of the section which I have quoted. 7. Having given careful consideration to the evidence presented to it, the Employment Tribunal in its decision of 8th March 1999 found "that searching is an intergral part of being a police constable" and further "that it would objectively be unreasonable to require the (Chief Constable) to employ the (appellant) as a police constable if in law and fact she could not carry out the full range of a police constable's duties". 8. The Employment Tribunal then examined the relevant statutory and case law material, including section 54(9) of the Police and Criminal Evidence Act 1984 which has been in the forefront of the submissions made to us on behalf of the Chief Constable and which, under the section heading "Searches of Detained Persons" reads &endash; "(9) the constable carrying out a search shall be of the same sex as the person searched". For the Chief Constable it was argued that failure to comply with that obligation would give rise to serious consequences, and that as the appellant was still legally a man she could not take part in searching women. In relation to section 7(2)(b) there was evidence from a senior police officer that "a Muslim woman prisoner assisted with shower or toilet facilities by a transsexual would be offended if she discovered that the officer in question was such". The Employment Tribunal recorded that evidence, and continued&endash; "We accept that and acknowledge that there are many people in our society who would have religious, cultural or moral objections to being searched by a transsexual. While respecting those objections we do not think that they are contemplated by the expression 'might reasonably object'. Instead we think that is a reflection of the embarrassment which many people feel in the circumstances outlined in section 7(2)(b). It is embarrassment to which Code A makes express reference. Given the application of the principle of equal treatment, we cannot see that there is any obligation upon the (Chief Constable) to disclose to anyone that the (appellant) is transsexual. The (Chief Constable) employs a transsexual as a civilian worker. It would be a violation of her right for the (Chief Constable) to disclose that she is a transsexual. For it would expose her to curiosity and from some quarters even opprobrium and yet have nothing to do with her conduct or her ability to do her job." After a reference to the employment of homosexuals the Employment Tribunal continued &endash; "Thus we have in the (appellant) a person who presents as a woman. If she is treated, as she wishes, in all respects as a woman, nobody will be any the wiser. We do not ignore the possibility that in particular circumstances the fact of her transsexualism may come out into the open. In those circumstances, the (Chief Constable) will have to manage the situation". In paragraphs 35 and 36 of its extended reasons the Employment Tribunal dismisses as negligible the risk of the Chief Constable facing civil or criminal proceedings if the appellant were to carry out a search, or of evidence obtained as a result of a search by her being excluded from a criminal trial, and in paragraph 37 the Employment Tribunal said &endash; "We return then to the principle of proportionality. We are required to reconcile the principle of equal treatment as far as possible with the requirement of full operational policing. In our judgment the risks to the (Chief Constable) in permitting the (appellant) as a transsexual to carry out the full range of duties including the searching of women are so small that to give effect to them by denying the (appellant) access to the office of constable would be wholly disproportionate to the denial of the (appellant's) fundamental right to equal treatment." After the Tribunal Decision. 9. On 1st May 1999 the Sex Discrimination (Gender Re-Assigment) Regulations 1999 came into force. Those regulations introduced new material into the 1975 Act, including section 7B(2)(a). At a hearing in November 1999 the Employment Tribunal, under the same chairman, found that section 7B(2)(a) was not consistent with the European Communities Equal Treatment Directive (207/76). Thus in July 2001 the Employment Appeal Tribunal had before it two appeals relating to the appellant, and the Secretary of State was represented in relation to the second appeal. As to the second appeal the Employment Appeal Tribunal held that section 7B(2)(a) is not inconsistent with the Directive, and before us there has been no challenge to that decision, but the existence of the second appeal does account for the fact that the Secretary of State has been represented before us. Before the Employment Appeal Tribunal. 10. As to the first appeal, in the light of the concessions already made the Employment Appeal Tribunal accepted that under the unamended Act discrimination on the grounds of transsexualism was discrimination on the grounds of sex, and that the police did discriminate against the appellant on the grounds of transsexualism. Subject to section 7 there was therefore discrimination which was unlawful, and, as was pointed out, it is not easy to discern how section 7(2)(b)(i) is to be read on the premise that the unamended Act contemplated discrimination on the grounds of transsexualism. 11. The Employment Appeal Tribunal went on to point out that the Employment Tribunal never answered the question of whether in law the appellant is male. The Employment Appeal Tribunal gave careful consideration to the authorities in relation to that issue up to and including the decision of this Court in Bellinger v Bellinger [2002] 2 WLR 411, and concluded that as the domestic authorities speak with one voice and no decision of the European Court of Justice bound the Employment Appeal Tribunal to ignore those domestic authorities the appellant had to be recognised as male in law. That gave rise to the question of whether the Chief Constable could properly hold out such a person to act as a constable as if she were female. The Employment Appeal Tribunal found that it would be wrong to do so, and went on to consider whether the Chief Constable would "get away with it". That involved some consideration of police powers, beginning with section 54(9) of the Police and Criminal Evidence Act, and other provisions relating to searching. The Employment Appeal Tribunal found that the provisions were concerned with what was the police constable's sex at law, and went on to reject the suggestion that the Chief Constable, knowing that a police constable was in law male, could condone a system under which she was held out as female. If the Chief Constable gave instructions that a transsexual police constable was not to conduct searches of the kind that would normally be undertaken by a female police constable that would be become obvious to her immediate colleagues and, as the Employment Appeal Tribunal said, it would be likely to come out that the appellant was not what she seemed. The Employment Appeal Tribunal continued &endash; "The destructive effect that would have on her private and social life does not need to be imagined as affidavits sworn in connection with her applications to ensure the anonymity of these proceedings make it plain." So the Employment Appeal Tribunal rejected the Employment Tribunal's conclusion that if the appellant were to be held out to be a woman no one would be any the wiser on the grounds that it would either involve the Chief Constable in deception or destroy her privacy. The Employment Tribunal had recorded that the appellant is willing to disclose the fact of her transsexualism "to those who need to know it for whatever purpose" but the Employment Appeal Tribunal continued &endash; "Read consistently with the evidence adduced on her part at earlier stages of the proceedings, that cannot be understood to mean that she could tolerate her work-a-day colleagues or, still less, persons who she searches or declines to search, should know of her transsexualism. The (appellant) cannot be heard to blow hot and cold as to the need for her transsexualism being kept secret barring the few in senior police circles who would inevitably need to know of it." The Employment Appeal Tribunal therefore allowed the appeal, but was not confident that there was no unlawful discrimination so it remitted the matter to the Employment Tribunal for further consideration of section 7(2)(b) on the basis &endash; (1) That the religious, cultural or moral objections which they held that many would have cannot be dismissed without careful study and without full reasons being given: (2) That in relation to searches it would not be open to the police to hold out the appellant as a female police constable: (3) That if proportionality falls to be considered it must be considered against the background that at least in relation to searches a concealment of the appellant's transsexuality as a constable would be neither proper nor practicable. (4) Consideration needs to be given to section 7(4), which the Employment Tribunal had not directly addressed. After the EAT Decision. 12. Since the Employment Appeal Tribunal delivered judgment in October 2001 there have been two developments of considerable significance to this case. First, on 11th July 2002 the European Court of Human Rights gave judgment in Goodwin v UK [2002] 35 EHRR 447 and, secondly, but only in the course of submissions made by Ms Laura Cox QC in reply, it has been made clear on behalf of the appellant that she is prepared to risk her transsexuality becoming known to colleagues and possibly to others if that is an inevitable consequence of her service as a police constable, something which was not fully understood by the Employment Appeal Tribunal, nor by this court until a late stage in the hearing. The Primary Question. 13. I agree with the Employment Appeal Tribunal that in order to decide this case it is necessary to decide first what is the appellant's legal gender. The Employment Appeal Tribunal considered the domestic authorities and came to the conclusion that they spoke with one voice. That is right, but in the light of Goodwin it is necessary to consider whether the voice can still be heard in the field of employment law. So what needs to be ascertained is the appellant's legal gender in that field. The Authorities. 14. In Corbett v Corbett [1971] P 83 Ormrod J held that a marriage between a male and a male to female transsexual was void on the basis that in law the gender of the latter remained as it had been at birth, but the judge was careful in the way in which he articulated the question which he had to decide, saying at 106 C &endash; "The question then becomes what is meant by the word 'woman' in the context of a marriage, for I am not concerned to determine the 'legal sex' of the respondent at large." It was that question which he answered when he said at 106 F &endash; "My conclusion, therefore, is that the respondent is not a woman for the purposes of marriage but is a biological male and has been so since birth." 15. In R v Tan [1983] QB 1053 the Court of Appeal Criminal Division held at 1064 that Corbett v Corbett should apply for the purposes not only of marriage but also to a charge under section 30 of the Sexual Offences Act 1956 or section 5 of the Sexual Offences Act 1967 (both offences concerned with living on the earnings of prostitution). Giving the judgment of the court Parker J said at 1064 &endash; "It would in our view create an unacceptable situation if the law were such that a marriage between Gloria Greaves (one of the appellants) and another man was a nullity, on the ground that Gloria Greaves was a man; that buggery to which he consented with such other person was not an offence for the same reason; but that Gloria Greaves could live on the earnings of a female prostitute without offending against section 30 of the Act of 1956 because for that purpose he/she was not a man and that the like position would arise in the case of someone charged with living on his earnings as a male prostitute." 16. More recently in Bellinger v Bellinger [2002] 2 WLR 411 in this court a male to female transsexual who had gone through a ceremony of marriage with a man who supported her was refused a declaration that the marriage was valid. In the majority judgment of the President and Robert Walker LJ it was said at paragraph 105 &endash; "It seems to us that two questions arise. The first question is for the court. What is the status of the petitioner? Is she male or female? That question should, in our judgment be answered by assessing the facts of an individual case against the clear statutory framework. The second question is for Parliament. At what point would it be consistent with public policy to recognise that a person should be treated for all purposes, including marriage, as a person of the opposite sex to that to which he/she was correctly assigned at birth? The second question cannot be properly decided by the court." The court then referred to the importance of courts not deciding matters which Parliament should resolve. We understand that an appeal against the decision of this court in Bellinger is soon to be heard by the House of Lords. But at present the position in domestic law of transsexuals in relation to marriage and in relation to certain criminal offences is clear. 17. Turning now to employment, the Sex Discrimination Act 1975 was quickly followed by, and is said by the UK Government to give effect to its obligations under, the Equal Treatment Directive (76/207/EEC). The Directive required Member States to give effect to the principle of equal treatment but Article 2(2) provided &endash; "This Directive shall be without prejudice to the right of Member States to exclude from its field of application those occupational activities and, where appropriate, the training leading thereto, for which, by reason of their nature or the context in which they are carried out, the sex of the worker, constitutes a determining factor." 18. In Johnston v Chief Constable of the Royal Ulster Constabulary [1987] QB 129 the European Court of Justice considered the decision to arm only police officers who were male, thus reducing the demand for women police officers. It pointed out at page 151 that Article 2(2) "being a derogation from an individual right laid down in the Directive must be interpreted strictly" but accepted that "the context of certain policing activities may be such that the sex of police officers constitutes a determining factor for carrying them out." In such a case there was a need for periodic monitoring of the need to maintain the derogation, and the principle of proportionality had to be observed. 19. In Webb v EMO Air Cargo (UK) Ltd [1993] 1 WLR 49 the House of Lords considered the Sex Discrimination Act 1975 and the Equal Treatment Directive in the context of a temporary employee dismissed because she was pregnant. At page 59 Lord Keith of Kinkel said &endash; "The Directive does not have direct effect upon the relationship between a worker and an employer who is not the state or an emanation of the state, but nevertheless it is for a United Kingdom court to construe domestic legislation in any field covered by a Community Directive so as to accord with the interpretation of the Directive as laid down by the European Court of Justice, if that can be done without distorting the meaning of the domestic legislation." 20. In P v S [1996] ICR 795 the European Court of Justice considered the position of a manager of an educational establishment who was dismissed when he gave notice of and underwent gender re-assignment. At page 807 the Advocate General said &endash; "It is necessary to go beyond the traditional classification and recognise that, in addition to the man/woman dichotomy, there is a range of characteristics, behaviour and roles shared by men and women, so that sex itself ought rather to be thought of as a continuum. From that point of view, it is clear that it would not be right to continue to treat as unlawful solely acts of discrimination on grounds of sex which are referrable to men and women in the traditional sense of those terms, while refusing to protect those who are also treated unfavourably precisely because of their sex and/or sexual identity." At page 810 he said &endash; "First, transsexuals certainly do not constitute a third sex, so it should be considered as a matter of principle that they are covered by Directive (76/207/EEC), .... Secondly, I note that the Directive is nothing if not an expression of a general principle and a fundamental right. Here I would point out that respect for fundamental rights is one of the general principles of Community law, the observance of which the court has a duty to ensure, and that 'there can be no doubt that the elimination of discrimination based on sex forms part of those fundamental rights'." That was echoed by the judgment of the court, which states at page 814 &endash; "The scope of Directive (76/207/EEC) cannot be confined simply to discrimination based on the fact that a person is of one or other sex. In view of its purpose and the nature of the rights it seeks to safeguard, the scope of the Directive is also such as to apply to discrimination arising, as in this case, from the gender re-assignment of the person concerned." There was found to be no material before the court to justify the dismissal under Article 2(2). 21. In Chessington World of Adventures Ltd v Reed [1998] ICR 97 the Employment Appeal Tribunal considered the situation of an applicant who was harassed by fellow employees after announcing a proposed change of gender from male to female. The employers knew of the harassment but failed to act. On their behalf it was argued that the Sex Discrimination Act could not be read consistently with P v S without doing impermissible violence to the language. The Employment Appeal Tribunal rejected that submission, and accepted at page 104 counsel for the respondent's submission that it was possible to distinguish "legal sex" in the context of marriage. 22. Sheffield and Horsham v UK [1998] 27 EHRR 163 I need only mention in passing. In that case the applicants were male to female postoperative transsexuals who relied on Articles 8,12 and 14 of the European Convention on Human Rights to support their complaint that the respondent refused to give legal recognition to their status as women. The European Court of Human Rights did not find any violation of the Articles relied upon. 23. In the context of the present case it is important to recognise that the Human Rights Act 1998, which incorporated the European Convention on Human Rights into English law did not come into effect until October 2000, long after the decision of the Chief Constable which is now complained of. 24. That brings me to the decision of the European Court of Human Rights in Goodwin, to which I have already referred. The applicant was a postoperative male to female transsexual, who experienced considerable difficulties as a result of the respondent government's refusal formally to recognise her postoperative state. Paragraphs 90 to 91 of the judgment in part read &endash; "In the 21st Century the right of transsexuals to personal development and to physical and moral security in the full sense enjoyed by others in society cannot be regarded as a matter of controversy requiring the lapse of time to cast clearer light on the issues involved. In short, the unsatisfactory situation in which post-operative transsexuals live in an intermediate zone as not quite one gender or the other is no longer sustainable..... the Court does not underestimate the difficulties posed or the important repercussions which any major change in the system will inevitably have, not only in the field of birth registration, but also in the areas of access to records, family law, affiliation, inheritance, criminal justice, employment, social security and insurance." But the Court was not persuaded that the change should not be made, and in paragraph 93 it said &endash; "The Court finds the respondent Government can no longer claim that the matter falls within their margin of appreciation, save as regards the appropriate means of achieving recognition of the rights protected under the Convention. Since there are no significant factors of public interest to weigh against the interests of this individual applicant in obtaining legal recognition of her gender re-assignment, it reaches the conclusion the fair balance which is inherent in the Convention now tilts decisively in favour of the applicant. There has, accordingly, been a failure to respect her right to private life in breach of Article 8 of the Convention." The Court also found that there was a breach of article 12, and in paragraph 120 it said &endash; "It will be for the United Kingdom Government in due course to implement such measures as it considers appropriate to fulfil its obligations to secure the applicant's, and other transsexuals' right to respect for private life and right to marry in compliance with this judgment." The Submissions. 25. In the light of those authorities Ms Cox submits that although the European Convention on Human Rights was not incorporated into English Law at the material time it was indirectly effective because the Sex Discrimination Act gave effect to the Equal Treatment Directive, which in turn had to be read consistently with the Convention. It was clear from P v S that transsexuals cannot be treated as a third sex, and is now clear from Goodwin that a postoperative male to female transsexual is entitled to be regarded for all purposes as female. In the field of employment law the matter cannot simply be left until Parliament decides how to react to the decision in Goodwin because through the medium of the Directive and the 1975 Act that decision has direct effect. 26. For the respondent Chief Constable Mr David Bean QC supported by Mr Rabinder Singh QC for the Secretary of State, submits that we should focus on the police powers of search, and in particular on section 54(9) of the Police and Criminal Evidence Act. The Chief Constable, we were told, does not, at any rate now, seek to exclude recruitment of all transsexuals, but only of undisclosed transsexuals, and the reason for excluding those is that in domestic law a male to female transsexual remains male (see Corbett, Tan and Bellinger), so section 54(9) prevents her from searching a woman, and her appearance makes it in practice impossible for her to search a man. Furthermore any attempt to leave searching to others would result in disclosure of her transsexuality. Mr Bean submits that Corbett, Tan and Bellinger are clear authority as to the appellant's legal gender, and the legal gender of a person cannot be different in relation to different areas of the law. Furthermore both Tan and the Police and Criminal Evidence Act are concerned with the criminal law, and in domestic law for the purposes of the criminal law the appellant remains a male. Conclusion. 27. In my judgment as we are dealing with a complaint of sex discrimination in the context of employment the focus has to be on section 7(2)(b) of the 1975 Act, and not on section 54(9) of the Police and Criminal Evidence Act, although we cannot of course ignore the consequences of our decision upon the duties spelt out in the latter statute. For the reasons given by Ms Cox it seems to me that in the light of Goodwin it is no longer possible, in the context of employment, to regard the appellant as being other than female, except perhaps in circumstances where, as was said in Goodwin, there are &endash; "..significant factors of public interest to weigh against the interests of the individual applicant in obtaining legal recognition of her gender re-assignment ". I have considered whether Goodwin changed the law to such an extent that it could be said that the decision under challenge in the present litigation was right at the time it was made in March 1998. I am not satisfied that can be said, but that decision, and the decision of the Employment Appeal Tribunal in this litigation, might well have been different if Goodwin had been decided earlier. Mr Bean submitted that Goodwin could be distinguished on the basis that it relates to ongoing complaints, whereas the present case relates to a decision at a fixed point in time. Although that distinction can be drawn it does not, to my mind, effect the applicability of the reasoning in Goodwin. 28. If when dealing with the appellant's application for employment the Chief Constable was bound to treat her as female, then it was not open to him to discriminate against her on the basis that she was transsexual, and no possibility of invoking section 7 could arise. That may be why not all Chief Constables appear to have taken the same stance as the respondent in the present case, but the information as to the practice elsewhere is of limited value because we know little about what has really happened. In particular we do not know how transsexuals who have been employed have been deployed, or to what extent they have sought to prevent their transsexualism from being disclosed. In some cases, as explained by Buxton LJ in his judgment, there may be factors of public interest to weigh against the interests of the individual applicant which would entitle a Chief Constable to refuse employment to a transsexual, particularly one who wanted his or her transsexualism to remain undisclosed, but that is not this case. 29. At this stage, and in the context of this case, it seems possible to say that were the appellant to be employed as a police constable no particular problem should arise in relation to section 54(9) of the Police and Criminal Evidence Act not only because of the implementation of the Human Rights Act, but also because if the appellant is not required to search females on the basis that for the purposes of the criminal law she remains a male, and if that leads to the disclosure of her transsexuality, that is something which she is prepared to accept. But, as Ms Cox rightly points out, that is not a matter in relation to which we need express a concluded view. All that needs to be said is that in the light of Goodwin it is now clear that the respondent's attempt to invoke section 7 of the 1975 Act cannot succeed. 30. I would therefore allow this appeal and dismiss the cross appeal. As this is a sensitive and difficult matter I should like to record our indebtedness to counsel for the way in which the litigation has been conducted, and emphasise that although in the end the decision has gone against the respondent that should not be taken to be any criticism of him, or of those who have been advising him. Plainly he has been doing his best to satisfy conflicting demands in the context of evolving law. Lord Justice Buxton : 31. I gratefully adopt the account of the history and of the statutory provisions set out in the judgment of Kennedy LJ. I agree with him that the appeal should be allowed and the cross-appeal dismissed. Since the case raises some potentially difficult issues, I venture to add some few words of my own. 32. The case was transformed by the information, vouchsafed for the first time in this court, that Miss A had no difficulty in her work colleagues, and members of the public with whom she dealt, knowing of her transexuality. The Chief Constable's argument was that he could not discharge his obligations under section 54(9) of PACE if searches were made by transsexuals; and that he could not sensibly avoid the problem, by exempting Miss A from searching duties, without revealing the reason for the exemption. If the facts had remained as the Chief Constable reasonably believed them to be, with Miss A as an undisclosed transsexual, then I am by no means certain that, even after Goodwin, Miss A would necessarily have succeeded. It would, however, be wholly artificial to decide the case other than on the correct facts; and for that reason I agree that the Chief Constable cannot in law maintain his resistance to considering Miss A for employment. 33. I should perhaps add that in any event I consider that this case must be determined according to the law as set out in Goodwin. I was not persuaded by Mr Bean's argument that the state of the law as perceived in Goodwin should be held to apply only from the date of that ruling by the Strasbourg court, and that therefore the Chief Constable's decision, which predated the ruling in Goodwin, should be adjudicated upon according to the pre-Goodwin law. That the law at the time at which he made his decision was uncertain is of course another factor that goes towards acquitting the Chief Constable of any actual fault, an aspect of the case that my Lord has already emphasised. However, as a matter of human rights law the court has to apply the law as it is now developed by the Convention organs. And I am fortified in that view by the consideration that, as set out below, the Convention jurisprudence enters domestic law in this case because of its status in Community law. It has always been assumed in Community jurisprudence that decisions on the meaning of the treaties apply ex tunc, that is, from the date of the treaty and not from the date of the decision; the much controverted decision to the contrary in Case 43/75 Defrenne v Sabena [1976] ECR 455 [69]-[75] being the exception that proves that rule. 34. All that said, however, it remains necessary to explain why Miss A's attitude to disclosure made so much difference; and because of the singular way in which the case before us developed I wish also to say something about how the point on which the appeal is resolved emerged, and why the Chief Constable, in my view wholly understandably, continued until a late stage in the appeal to think that he was confronting a case based on undisclosed transsexuality. 35. It is quite true that the Chief Constable's original reaction to A's application to become a constable was that transsexuals, understood as a general category, could not be considered. It is also true that the finding of the EAT, at §28 of its Judgment, was that "the job A sought did need to be held by other than a transsexual to preserve decency or privacy because it was likely to involve physical contact with men or women in circumstances where they might object to its being carried out by a transsexual." But, importantly, the EAT went on to find that that difficulty could not, operationally, be avoided by not using A for such searches, because of what the EAT understood to be A's imperative wish that her transsexuality should not be disclosed. The EAT said: "The Tribunal's second escape-that if the Police held out A as female no one would be any the wiser and hence no one would raise objections- was not open as it would involve the Police in a deception and in any event, if it were sought to mitigate that deception by the giving of special instructions as to searches by A, so far from preserving privacy, it would destroy that of A." These conclusions were based upon a clear understanding of A's position as explained by the EAT in §§ 24-26 of its judgment, the essential part of which has been set out by my Lord in §11 above. 36. It was nowhere said in the Grounds of Appeal; in the Appellant's 19 page skeleton; or in Miss Cox's opening before this court; that, as we are now assured to be the case, the EAT had simply got the facts wrong, and that A was perfectly willing for her colleagues at large, and if needs be the members of the public with whom she dealt, to know of her transsexuality: the necessity of any disclosure to be determined by the Chief Constable. That this was, or might be, A's position only started to emerge in Miss Cox's reply, when she submitted, as I understood it, that the Chief Constable's argument, by limiting itself to undisclosed transsexualism, conceded that there had been unwarranted discrimination, because A had indeed been "open" when applying for the office of constable. That openness had, however, been only with the senior officers assessing her application, as the EAT observed in the passage set out by my Lord in §11. The findings of the EAT therefore directly contradicted Miss Cox's submission. Miss Cox responded to this difficulty by submitting that the view and approach of the EAT had not been available to it, because there was no or no sufficient evidence to support it. In particular, it had been quite unreasonable to use affidavits sworn for the purposes of anonymity in these proceedings, necessarily conducted in public, to draw conclusions as to A's future attitude within the workplace. 37. Miss Cox explained the failure to raise that objection earlier by saying that no issue raised by the Chief Constable required the matter to be addressed. I am perfectly prepared to accept that the nature and thrust of the anonymity point may well not have been as apparent in the proceedings below as it was to us after we had had the benefit of hearing Mr Bean on it; and it was unfortunate that it did not feature in Mr Bean's skeleton argument in this court. But, that said, it is plain from the parts of the EAT's judgment that I have already cited that they had rejected the ET's rebuttal of the practical objections relied on by the Chief Constable under section 7(2)(b) at least in part because A's insistence on anonymity precluded the making of special arrangments in her case. If there was a short answer to that, to the effect that there was no evidence to support the assumption that A insisted on anonymity, then it is difficult to understand why that answer was not immediately given. 38. However, the argument as to lack of evidence having been produced, I am afraid that I was completely unpersuaded by it. In the absence of any other and contradictory material, the overwhelming impression left by the earlier anonymity proceedings was that it was fundamental to A's privacy and ability to function within society that her transsexualism should not be known. And, quite apart from that, it could not possibly be right, in a matter as delicate as the present, for the court to proceed on the basis of a factual case that rested on procedural arguments about the state of the evidence rather than on the real facts. We therefore insisted that Miss Cox took direct instructions on the point from her client, who was present in court. We were told that those instructions were unequivocally in the terms that I have reproduced in the first sentence of 36 above. 39. That revelation transformed the case. Although understandably Mr Bean did not receive instructions to concede the point whilst appearing before us, in opening his argument he had made it clear that the Chief Constable's concern was not in relation to the employment of transsexuals as such, but only in relation to the operational difficulties caused by undisclosed transsexuality. But why the point mattered so much deserves some explanation. 40. I start from the observation that it is a fallacy to contend, as did the Chief Constable, that a person must in law be a man or a woman for all purposes. The question, rather, is whether the individual meets the criteria of the particular rule of law in issue. That approach, and in particular the recognition that it is not for the court to determine criteria upon which a person should be treated as being of one sex or the other for all purposes, is with respect to be found clearly stated in the judgment of this court in Bellinger v Bellinger [2002] Fam 150, at §105, a passage already cited by my Lord. 41. In that context, it is important to be clear that Goodwin decides that it will be a breach of article 8, in cases "where there are no significant factors of public interest to weigh against the interest of this individual applicant in obtaining legal recognition of her gender re-assignment", to refuse to recognise that re-assigned gender [Goodwin, §93]. Accordingly, in any case to which the Human Rights Act 1998 [the HRA] applies, it will in future be necessary to consider whether a failure or refusal to treat a post-operative transsexual as being of the reassigned gender involves a breach of Article 8. Since the application of article 8 is case-specific, and does not confer absolute rights, the court will have to consider in every case whether the subject's interest in achieving respect and recognition for her gender re-assignment is outweighed by countervailing considerations of the public interest. 42. In the present case we have to add the fact that, because of the date at which the acts complained of took place, the Convention jurisprudence is introduced into domestic law not by the medium of the HRA, but by the medium of the Equal Treatment Directive [ETD]. That means that not only is any case subject to the considerations of balance already referred to, but also that the ETD, and thus the potential breach of article 8, does not, as it would under the HRA, potentially arise in connexion with every issue arising in domestic law, but rather only applies in relation to the employment field to which the ETD is limited. 43. Accordingly, even if the Chief Constable is, after Goodwin, under the regime of the ETD at peril of committing a breach of article 8 if he does not treat A as a woman for the purposes of assessing her suitability for employment, it does not follow that in making the assessment appropriate to article 8 the court is precluded as a matter of law from giving weight to difficulties perceived by the Chief Constable as arising from A's transsexualism. That consideration is reinforced by the fact that where, as in the present case, the issue is one of Community law, it seems plain that the decision of the European Court of Justice in Case C-13/94 P v S [1996] ICR 795 that discrimination on grounds of transsexuality amounts to discrimination on grounds of sex for the purposes of the ETD carries with it the corollary that "sex" in article 2(2) of the ETD must also be read as including transsexuality: so, just as the Chief Constable cannot discriminate against transsexuals, equally he can potentially rely on considerations specific to transsexuality under article 2(2). 44. The issue however remains one of balance. Even if the Chief Constable, whether under the ETD or under the HRA, can potentially take into account difficulties perceived as arising from A's transsexualism in relation to section 54(9), any such issues of balance are likely to be conclusively determined by the obligation of the Chief Constable to manage his force in such a way as to avoid situations arising under section 54(9) that would threaten the individual's article 8 interests. If an individual were to insist that her transsexuality remained undisclosed, the Chief Constable might not be able to take such steps. If the transsexuality can be disclosed to colleagues, and thus an explanation be given of why it may be prudent for A not to conduct section 54(9) searches, that difficulty falls away. 45. Accordingly, once it had been made clear that Miss A has no objection to colleagues generally and, if needs be, members of the public with whom she deals knowing of her transsexuality, that destroyed the Chief Constable's defence of genuine occupational qualification based on the difficulties of complying with section 54(9) of PACE if an undisclosed transsexual was a member of the force. There was therefore effectively no issue before us. It was not satisfactory that we were not aware until comparatively late in the proceedings that that was so. 46. I have ventured to explain this point in some detail not only because of its inherent importance but also because Miss A and those advising her may wish to take note of the importance, in connection with her wish to be considered for the office of constable, of her willingness that her transsexuality should be disclosed. Lord Justice Keene: 47. I agree with both judgments and have nothing to add. ------------------------------------------------------------------------ BAILII: Copyright Policy http://www.bailii.org/bailii/copyright.html | Disclaimers | Privacy Policy | Feedback URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/1584.html Top
[13] USA : Man Found Guilty of Slaying of Transsexual Top From Brenda Lana Smith R.af D. NYPOST.COM Regional News: BX. MAN GUILTY IN S... http://www.nypost.com/news/regionalnews/25104.htm By DAREH GREGORIAN November 9, 2002 -- Moments after being found mentally fit to stand trial, a Bronx man pleaded guilty yesterday to stabbing a transsexual to death outside of the Port Authority. Dwayne McCuller, 22, admitted to Manhattan Supreme Court Justice Rena Uviller that he stabbed Amanda Dyer in the neck after a June 20, 2000, argument at the corner of 42nd Street and Eighth Avenue. In return for the guilty plea, McCuller was promised a sentence of 171/2 years in prison, plus five years supervised release. Copyright 2002 NYP Holdings, Inc. All rights reserved. Top
[14] USA: Brandon Tina's mother seeks more money Top Lincoln journalstar.com http://www.journalstar.com/nebraska.php?story_id=2206 RETRIEVED: Friday, November 08, 2002 Wednesday, November 06, 2002 BY JOE DUGGAN Lincoln Journal Star An attorney for the mother of murder victim Teena Brandon made an "off-the-wall" request of the Nebraska Supreme Court on Tuesday: award a respectable financial payment and end the appeals. Lincoln attorney Herbert Friedman appeared before the high court to appeal JoAnn Brandon's lawsuit against Richardson County and its former sheriff, Charles Laux, who badly mishandled the investigation. The justices wanted to know what relief Friedman was seeking. "This is off the wall," he responded. "It seems to me this court could easily pick a figure and be done with this." After the roughly 20-minute hearing, Friedman said there was no legal precedent for the state Supreme Court to award damages in a civil case. "But they do have the power to do what they think is inherently just," he said. At trial, JoAnn Brandon sought $500,000 in damages against the county. A year ago, District Court Judge Orville Coady ordered Richardson County to pay a total of $98,223. Tuesday's appeal centered on two portions of the award: $7,000 for emotional distress Teena Brandon suffered at the hands of the sheriff, and $5,000 for her "intrinsic value" to her mother. Lincoln attorney Richard Boucher argued the high court should allow the judge's decision to stand because it was made after a thoughtful review of the evidence. "The evidence in this case is that the reward is reasonable," Boucher said. The case involves the Dec. 31, 1993, stabbing and shooting of Teena Brandon, 21, in a rented farmhouse south of Humboldt. Her killers also shot and killed Lisa Lambert, 23, of Humboldt, and Phillip DeVine, 22, of Fairfield, Iowa, because they were in the house at the time. The case attracted national attention when it was learned that Brandon had been living as a man and dating women in Falls City, Humboldt and Lincoln. It later inspired the film "Boys Don't Cry," in which actress Hilary Swank won an Oscar for her portrayal of a character based on Teena Brandon. On Christmas Eve 1993, John Lotter and Marvin Thomas Nissen beat and raped Brandon because they were angry she had fooled them into believing she was a man. Juries later convicted the men of rape and three counts of first-degree murder. Lotter is on death row, while Nissen earned himself a life sentence by testifying against his former friend. In the wake of the criminal trials, JoAnn Brandon has won court decisions that held the sheriff and county failed to protect her daughter after she reported the rape. Authorities allowed Nissen and Lotter to remain free even though Brandon told the sheriff they had threatened her life if she reported them. In addition, Laux pursued a crude and demeaning line of questioning of Brandon in the hours after she was raped. In late 1999, Judge Coady ruled in JoAnn Brandon's favor but awarded her only $17,000. On appeal, the Supreme Court found Laux's behavior toward Brandon was "beyond all possible bounds of decency, and is to be regarded as atrocious and utterly intolerable in a civilized community." The court ordered Coady to increase the base award to $86,000 and review the additional claims against the county. In October 2001, Coady found little evidence to support JoAnn Brandon's claim of loss of companionship. In part, he based his decision on the fact that JoAnn Brandon did not pick up her daughter after she was raped to bring her to the safety of Lincoln. As a result, he set the "intrinsic value" of Teena Brandon's life at $5,000. In addition, the judge found the sheriff intentionally inflicted extreme emotional distress upon Teena Brandon. But he said there was no medical evidence to award more than $7,000 -- $1,000 for each day between her rape and murder. On Tuesday, Friedman said that while the Brandon family wasn't the Brady Bunch, JoAnn and Teena had a close relationship. In the several months she lived in Richardson County, Teena called her mother frequently and visited once or twice a week. After the rape, they decided it was not safe for her to return to Lincoln because the rapists knew JoAnn Brandon's address. So the mother made arrangements for the daughter to stay with Lisa Lambert in Humboldt. Regarding a lack of medical evidence that Teena Brandon suffered distress from the sheriff's questions, Friedman said the judge set an impossible standard under the circumstances. "She didn't live long enough for a psychiatrist to look at her and say there was post-traumatic stress disorder," he said. Short of setting their own award in the case, the Supreme Court justices should send the matter to a district judge for a new verdict, Friedman argued. And the judge should be anyone but Coady, he added. In defense of the judge's ruling, Boucher argued there was a limit to the county's responsibility for the inappropriate actions of its former sheriff. He also said it was reasonable for the judge to conclude that mother and daughter had, at best, a tenuous relationship. When Brandon told her mother that she had been sexually assaulted, "no one came to Richardson County to retrieve her. No effort was made to get to Richardson County to help and comfort her in her time of need," Boucher said. The high court's ruling in the appeal could take as long as several months. -- Reach Joe Duggan at 473-7239 or jduggan@journalstar.com. END © 2002, Lincoln Journal Star. Top
[15]USA Judge sued for jailing TG man over marriage licenses Top From: Mrs. Petra Henderson [mailto:petrahenderson@yahoo.com] --- In transgendernews, "tgnews_moderator" <tgnews_moderator@y...> wrote: Gay People's Chronicle (glbt weekly, Ohio) November 1, 2002 http://tinyurl.com/2est http://www.gaypeopleschronicle.com/stories02/02nov1.htm#story3 Judge sued for jailing TG man over marriage licenses by Eric Resnick Akron--A transsexual man has filed a federal civil rights suit against a judge who had him arrested for allegedly falsifying the gender on his marriage license applications. Sean M. Brookings, 56, of Springfield Township, filed a federal civil rights suit against Stark County Probate Judge R.R. Denny Clunk for wrongful arrest, detention, invasion of privacy, and malicious prosecution without cause. The suit stems from Brookings' arrest on February 6, 2001 after Clunk accused him of misstating his gender on three marriage license applications in 1988, 1990, and 1994. Another judge later dismissed all the charges. Clunk had granted all three licenses, allowing the post-operative female-to-male transsexual to marry women. The suit was filed October 25 in U.S. District Court, Northern District of Ohio, which is located in Akron. Also named in it are Barberton attorney Vincent Alfera, Leslie McKinney of Tallmadge, and three Stark County sheriff's employees. Clunk learned that Brookings was transsexual in 2000 as the result of a Summit County probate court battle over the will of his most recent wife, Lois McKinney, who died that year. Alfera represented Leslie McKinney, who is Lois' son, in the probate matter. The estate's only asset is the mobile home that Brookings and Lois McKinney lived in, and where Brookings continued to live. It is the center of the probate case. "It makes me sick to think that thing is living in my parents' home," Leslie McKinney told the Akron Beacon Journal on April 1, 2001. The newspaper also quoted Clunk, "Every now and then, one [of these transsexual marriages] gets by because there's so many of these surgeries going on." Clunk wrote the landmark 1987 In Re Ladrach opinion denying a marriage license to a post-operative male to female transsexual and a male, saying Ohio law only recognizes a person's gender at birth. On May 4, 2001, Alfera sent a letter to Clunk and Stark County Prosecutor Robert Horowitz which ended, "I urge you to bring charges against Sharon M. Perry/Sean Brookings. Otherwise, this individual will not hesitate to continue frauding [sic] probate courts by making future marriage applications, for same sex marriages that are illegal in the state of Ohio." The prosecution ended when Brookings' attorney Randi Barnabee, who is also transgendered, moved to dismiss the charges, saying the statute of limitations had run out five years earlier for the most recent license. Canton Municipal Court Judge John Poulos agreed April 3, and dismissed the case without hearing evidence. According to Barnabee, the suit's defendants are listed in the order of their culpability. Clunk is listed first, followed by the county, then Alfera, then McKinney, then the three sheriff's employees who will be named once it is determined through discovery who they are. They are alleged to have invaded Brookings' privacy when, following arrest, Brookings was sent to the Stark County jail for processing. Springfield Township and Canton police told the jail that Brookings was transsexual and needed to be segregated for his protection. According to the complaint, two jailers, one male, one female, made Brookings pull down his pants so they could look at his genitals. But the bulk of the complaint centers around the conduct of Clunk and Alfera as attorneys and officers of the court. Brookings alleges that the two violated numerous ethical canons and disciplinary rules. The suit calls it "inconceivable" that Clunk didn't know the statute of limitations had long ago run out, but he used his influence as a judge to get the city of Canton to prosecute the case anyway. Clunk may be personally liable for any award to Brookings, because he made the falsification complaints as a private citizen, not as a judge. © 2002 KWIR Publications
HEALTH AND SCIENCE [16] USA: Estrogen linked to more efficient regulation of a woman's heartbeat Top http://www.eurekalert.org/pub_releases/2002-11/aps-elt110502.php Public release date: 5-Nov-2002 Contact: Donna Krupa djkrupa1@aol.com 703-527-7357 American Physiological Society Estrogen linked to more efficient regulation of a woman's heartbeat Age is the 'equalizer,' according to a study that provides new insights into why women live longer than men October 31, 2002 (Bethesda, MD) &endash; Men die earlier than women. This fact leads scientists and medical researchers to conclude that gender and age are two basic factors continuously affecting body functions, disease categories and even life expectancy. Previous research has determined that gender influences brain structure and functions; however, in considering the cardiac pacemaker, there is still debate as to whether heart rate dynamics differ between women and men. Electrocardiogram (ECG) findings offer interesting arguments for both sides of the issue. There is a similarity in the sexes regarding the mean and standard deviation of the R-R interval portion of electrocardiogram (intervals between positive deflection of the QRS complex, which involves the depolarization of ventricular cardiac cells). On the other hand, women have been reported to have lower, similar, and higher high-frequency power (HF) and similar low-frequency power (LF) of heart rate variability (HRV). (HRV is a strong predictor of mortality adversely affected by such problems as anxiety, depression, and trauma.) A team of researchers has speculated whether confusing findings in heart activity of the sexes could be attributed to the nonlinear characteristics of pacemaker activity, which may cause large variations when analyzed by traditional linear methods. Such variations might lead to severe interference if there are gender differences in the discharge from the heart's natural pacemaker, the sinus (SA) node. Accordingly, they set out to determine whether the complexity or chaos of cardiac pacemaker activity differs between women and men. Because aging may be a major determinate of heart rate dynamics, the researchers systemically studied the effect of aging on nonlinear properties and on gender-related differences. The results were then compared with standard frequency-domain methods to measure the nervous system's parasympathetic and sympathetic regulation of heart rate. The authors of "Sexual Dimorphism in the Complexity of Cardiac Pacemaker Activity," are Terry B. J. Kuo from Tzu Chi University and Tzu Chi Buddhist General Hospital, Hualien, Taiwan, and Cheryl C. H. Yang, also from Tzu Chi University. Their findings appeared in the October 2002 edition of the American Journal of Physiology--Heart and Circulatory Physiology. Methodology The study entailed the participation of 480 volunteers (240 women and 240 men), age 40&endash;79, similar to overall distribution of males and females. They were distributed into eight groupings based on five-year age intervals, with each age stratum containing 30 women and 30 men. Subjects excluded had cardiovascular fluctuations: hypotension, hypertension, diabetic neuropathy, an implanted cardiac pacemaker, frequent occurrence of atrial fibrillation, premature atrial or ventricular contractions, or other forms of arrhythmia. Nonlinear analysis of short-term resting R-R intervals was performed using the correlation dimension (CD), approximate entropy (ApEn), and largest Lyapunov exponent (LLE). Evidence of nonlinear structure was obtained by the surrogate data test. CD, ApEn, and LLE were negatively correlated with age. Results The short-term heart rate variability analyses reveal that a woman's heart rate is characterized by a higher CD, ApEn, and LLE when compared with that of a man in the middle age, indicating a more complex signal broadcasting from a woman's cardiac pacemaker. In assessing the brain, a more complex neural signal is always accompanied with a more involved neural network. On the other hand, a very simple firing pattern can only be observed in an isolated neuron. Thus the higher complexity of women's heart rate dynamics implies that the female heart is modulated more comprehensively by the autonomic nervous system (ANS), especially the rapid vagal influence, although such modulation is not strong enough to produce an evident change in the mean and standard deviation of R-R intervals. With the effect of age, previous studies have revealed that aging is accompanied with a decrease of complexity in either cardiac pacemaker activity or midbrain neural activity. Older subjects, regardless of gender, had a lower CD, ApEn, and LLE, indicating a lower degree of neural modulation to the cardiac pacemaker. The researchers conclude that this lower complexity in the elderly may be due to a decrease in the ANS potency resulting from the normal aging process. The higher complexity of heart rate dynamics observed in women before the age of menopause may be related to the lower cardiac mortality and longer life expectancy of women. Previous studies regarding the nonlinear analysis of HR dynamics chiefly focused on its capability to discriminate pathological states or senile changes from normal conditions. Because illness and aging may lead to a prominent change in ANS function, which in turn leads to a prominent change in HR dynamics, such alterations can usually be detected by traditional linear methods. Conclusions In almost every country, women have a longer life expectancy than men, generally attributed to gender-related differences in cardiovascular function. The exact mechanism underlying these differences remains unclear; however, the data in this study indicate that changes in the nonlinear properties may reflect effects of gender and aging on cardiac parasympathetic regulation. The gender-related difference in autonomic regulation function is key: women before menopause have a lower risk of heart diseases than do men. The "cardioprotective" effect of estrogen has been proposed for this trend but the linkage between the sex hormone and the heart is ambiguous. Because a potentiated vagal function may protect the heart from tachyarrhythmias after ischemic heart disease and decrease the mortality rate, the dominance of vagal function in middle-aged women may produce a protective effect against lethal tachyarrhythmias. The study revealed 71 percent of women were postmenopausal; the mean age of menopause was 47.7, and only six percent of postmenopausal women received hormone replacement therapy. Thus the loss of gender-related differences in the nonlinear indexes after age 50 supports the hypothesis that estrogen has a facilitating effect on cardiac parasympathetic regulation as revealed by the nonlinear content of heart rate dynamics. Nonlinear analysis techniques may reveal new aspects of HR dynamics. Mechanisms underlying the effects of gender and aging on nonlinear properties of cardiac pacemaker activity and related clinical applications warrant further investigations. Because the algorithms may be directly incorporated into current HRV analysis protocols, CD, ApEn, and LLE have a high potential for studying gender-related differences in cardiac pacemaker activity and related autonomic regulation. ### Source: October 2002 edition of the American Journal of Physiology--Heart and Circulatory Physiology. The American Physiological Society (APS) was founded in 1887 to foster basic and applied science, much of it relating to human health. The Bethesda, MD-based Society has more than 10,000 members and publishes 3,800 articles in its 14 peer-reviewed journals every year. Top
[17] UK: Sheep study poses sexuality questions Top BBC NEWS | Health | Sheep study poses sexuali... http://news.bbc.co.uk/1/hi/health/2404109.stm Tuesday, 5 November, 2002, 12:24 GMT US scientists claim to have found evidence that brain structure influences sexual preference in sheep. They say a region of the brain involved in sexual behaviour is different in "gay" rams which prefer to mate with other males. Similar types of findings have been found in humans, according to researchers at Oregon Health and Science University (OHSU) in Portland. The part of the brain studied is an area of the hypothalmus involved in mating behaviour, the preoptic hypothalamus. In humans and some other animals it is about twice as large in males compared with females and contains twice the number of cells. Its function in behaviour is not fully known. Researchers studied sheep in an attempt to understand the biological basis of sexual behaviours. They say previous studies have shown that between six and 10% of rams are attracted to males rather than females. They analysed the brain structures of 17 rams, nine of which preferred to mate with males, and 10 ewes. Human sexuality Research focused on a group of brain cells in the preoptic hypothalamus called the sexually dimorphic nucleus. "Interestingly, this bundle of neurons is smaller in ewes and in rams with same-sex preferences than it is in rams that prefer ewes," said lead researcher Dr Kay Larkin. "We also determined that the volume of the sexually dimorphic area is approximately the same in rams that prefer rams as it is in ewes." The researchers believe sheep could help provide clues about human sexuality. Professor Charles Roselli said: "While we realise that sexuality is more complex in humans than reproductive behaviours in sheep, this model will help illuminate the basic principles that apply to all mammals, and may be helpful in understanding the biology of human behaviours as well." Previous work on a possible biological basis to sexual orientation has caused controversy. There has been conflicting evidence on whether genetics might underpin homosexuality to some extent. David Allison of the UK gay rights group Outrage says there is nothing wrong with the so-called nature/nurture debate; what matters is getting rid of prejudice. "It's the prejudice that is wrong not how gay people come into world," he told BBC News Online.
ARTS & ENTERTAINMENT [18] USA: Gender Bender The divas aren't always in dresses in HGO's avant-garde Ariodante Top Houston Press | houstonpress.com | Culture ... http://www.houstonpress.com/issues/2002-11-07/theater2.html/1/index.html From Brenda Lana Smith R.af D. BY MARENE GUSTIN Houston Grand Opera is making good on its promise that this will be "The Year of the Diva." Never mind that two of the women in the company's second offering of the season wear trousers. Women dressed as men, Pina Bausch-style dance theater and a wave machine -- Ariodante has it all. David Alden's stylish postmodern version of Handel's castrato classic uses female mezzo-sopranos in the roles of the two male leads -- a not-so-novel approach considering that society frowns on castrating choirboys these days, but an approach that begs for a slightly more masculine staging for the audience to believe the gender-bending. Susan Graham, renowned for her trouser roles, makes her Houston debut and her debut as Ariodante, the knight with the voice of an angel. Her towering physique helps, but a little more boldness in the Act I movements would have helped more. She/he seems overly shy and wilting in the presence of Princess Ginevra's unabashed declaration of love. Graham's timid tiptoeing proves chivalry is not only dead, it died of effeteness. That a wandering knight is so coquettish when faced with amore seems a tad surreal. But then most of the staging is an attempt at surrealism, a reflection of the deceptive plot and a device meant to challenge the audience as to what is real and what is not. Witness the window/stage at the back of the set through which principals and corps often cross to join the action on stage. Whether it is a painting or a stage or a real window becomes a moot point as characters interact in this tale of deception, redemption and love. For an opera the death count is decidedly low; only the evil Duke Polinesso (sung opening night by British mezzo Sally Burgess in another trouser role) gets to die on stage. But there is ample chest-beating and writhing in the agony of lost love. Irish-born Michael Keegan-Dolan gives us choreography worthy of its performance. Good in the masked-ball number of the first act, the dancing becomes great in the more provocative delusional sequence of Act II. In a dream, Ginevra is pelted by apples -- first lobbed across the floor, then spat at her by the corps de ballet. The dancers are splendid in both the experimental movement and in the time-warping costumes of Ian MacNeil. Put your hands on your hips and take a step into madness as this dance progresses through the maligned princess's confusion and grief over learning her beloved has drowned himself as a result of her supposed infidelity (really a ruse concocted by Polinesso). And yes, there is the nudity, although the preperformance controversy seems to have been much ado about almost nothing. When dream Ginevra is stripped by the frightening corps and plunged into a vat of water, the effect is striking, not titillating. Brian Byrnes also gives a solid turn as fight choreographer, though it's too bad Ariodante doesn't get to fight; his brother (sung by American tenor John McVeigh, one of the few men in this performance) dispatches the evil duke before his arrival. Ah, but there is singing, too. Both Graham and Burgess give the castrato a run for their money as they belt out bel canto with all the trills and flourishes that Handel instilled in the score. You can't even try to sing along with this style of music, much of which is coloratura, highly embellished vocal music that would leave lesser-trained divas panting. Of the singers in skirts, American soprano Alexandra Coku turns in a stunning and breathtaking Ginevra, completely over the edge in both love and grief. Christine Brandes (another American soprano) sings gorgeously as the deceitful maid Dalinda, and her love duet with McVeigh's Lurcanio is a delight. American bass Oren Gradus is the other male in the show, casting his tones as the King of Scotland, Ginevra's father. Christopher Hogwood (founder of the Academy of Ancient Music) is beyond compare in conducting the HGO orchestra. With its weak plot (come on -- if Ariodante really loved Ginevra he would know that wasn't her with the duke), this opera originally relied on its beautiful music. But Alden's version has even more to recommend it -- namely, Ian Rutherford's postmodern staging and MacNeil's costumes and sets. Devices such as the window/stage, the movable mirrored flats and the wave machine through which Ariodante and Dalinda roll until they are spit out on shore all create a theatrical world of wonder. The music and dancing are only enhanced by the staging, decor and lighting, the last an eerie renaissance creation by Wolfgang Göbbel. Coloratura, choreography and Caravaggio-inspired sets meld to create eye candy with a pleasing sound. If you see only one avant-garde opera this year, make it Ariodante. houstonpress.com originally published: November 7, 2002 ©2002 New Times All rights reserved. Top
[19] THAILAND : Champ to play role of 'lady boy' Top From Brenda Lana Smith R.af D. Champ to play role of 'lady boy' - NOV 5, 2002 http://straitstimes.asia1.com.sg/asia/story/0,4386,153011,00.html? BANGKOK - With the true story of Thailand's famed transvestite kickboxer due to hit the silver screen next year, the directors announced yesterday the casting of a real-life kick-boxing champion to play the role. Featherweight Asanee 'Art' Suwan, ranked fifth by the World Muay Thai Council, will don the coveted gloves and lipstick to play Nong Toom, the 'katoey' or 'lady boy' who stole hearts during a 60-bout career. 'I strongly believe that Nong Toom's life will be an inspiration to many and I will do my best to do justice to the role,' Art said at an elaborate casting announcement ceremony for the film to be titled Beautiful Boxer. The US$2.5-million (S$4.4-million) movie is to be released internationally late next year, targeting Japan, Singapore and possibly the United States and Europe, said the film's Thai-born director Ekachai Uekrongtham. During a nationwide search for his Nong Toom, he auditioned more than 300 people including professional and amateur boxers, transvestites and transsexuals before settling on Art, he said. Like Nong Toom, 22-year-old Art hails from the northern city of Chiang Mai and began kickboxing at the age of 12. Nong Toom caused a sensation in the late 1990s when he unabashedly wore lipstick in the ring and said his goal was to earn enough money from boxing to pay for a sex-change operation. The star became a woman in 2000 after retiring from the sport. --AFP
COMMENTARY Gwen Araujo --A sad, familiar tale Rosalyne S. Montgomery Top Gwen Araujo / A sad, familiar tale http://www.sfgate.com/cgi-bin/article.cgi?f=/chronicle/a/2002/11/08/ED199454 .DTL Friday, November 8, 2002 For those of us in the transgender community, the tragic end to 17-year- old Newark resident Gwen Araujo's life is an all-too-familiar tale. Once again, a promising young life is cruelly destroyed because of hate, insecurity and fear. And in typical fashion, the manner of death is not a simple murder, but brutal annihilation. For transgendered youth, life is a cruel choice: Either you live a lie in fear, or risk ostracism, brutality and death for being the person you are inside. Contrary to popular belief, a person's gender identity is not dictated by anatomy. There are many of us who feel like we are trapped in the wrong body, and those of us who do decide to transition often lose our families, jobs and friends. In Gwen's case, her family generally supported her, although it was obvious that they were having some degree of difficulty adjusting to the change. For the vast majority of transgender youth, that kind of family support and understanding simply doesn't exist. If the teens are honest about their feelings to their parents, many become the victims of abuse and violence from their own families in a misguided attempt to "cure" them. Other families disown and throw their own kids to the wolves simply because they do not fit into a millimeter-wide slot of their gender role. Equally sad is the fact that the suicide rate for transgender youth approaches 40 percent. Why? Transgender youth nearly always feel isolated and alone, and what little self-esteem they have is quickly destroyed by the rejection from their families and peers. Add the lack of understanding of gender issues and the perverse tolerance of bullying by school officials and faculty (supposedly grown adults!), and it's no small wonder that these kids are depressed and suicidal. It doesn't have to be that way. I frequently work with disadvantaged transgender youth for the simple reason that I see these young people as the wonderful human beings they are. Just like all other kids, they have dreams, desires and needs. Although I cannot give them much, I do give them something far too many have had a deficiency of: love, understanding and support. What else can be done? -- Education: School officials, faculty and youth counselors should learn about transgender issues and the realities of what living transgendered means. -- Zero-tolerance for bullying: Adopt a zero-tolerance policy for all forms of bullying in the schools. Not just for transgendered youth, but all youth. Nobody has the right to abuse anyone for any reason. -- Teaching tolerance: Respecting diversity not only of opinion and thought, but also of self-expression and gender identity. -- Support: Most of all, giving these kids the love and understanding that all young people crave and need, no matter what labels may or may not apply. The death of Gwen Araujo need not be in vain. In her name, it is time to end the silence and stop the violence. -- Rosalyne S. Montgomery is founder and executive director of Transgenders United for Equality, a San Francisco-based transgender civil rights and advocacy organization. TRUE's Web site is http://www.truesf.home.igc.org; E-mail is truesf@igc.org. END RELATED ARTICLES: 11/08/2002 - Newark teen's death not an isolated incident . http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/11/08 /EB172523.DTL 10/19/2002 - Three charged with hate crime-murder of cross-dressing teen . http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2002/10/19/stat e0400EDT0014.DTL 10/18/2002 - Three charged with hate crime-murder of cross-dressing teen . http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2002/10/18/stat e1928EDT0198.DTL more related articles... http://www.sfgate.com/cgi-bin/suglist.cgi?article=/chronicle/archive/2002/11 /08/ED199454.DTL&wt=0 Top
Gwen Araujo ---All we need to know about gender Larry Brinkin Top Gwen Araujo / All we need to know about gender http://www.sfgate.com/cgi-bin/article.cgi?f=/chronicle/a/2002/11/08/ED236831 .DTL Friday, November 8, 2002 The recent murder of Gwen Araujo, part of a national epidemic of violence against transgender people, presents an opportunity for all of us to examine our attitudes about gender, gender expectations, discrimination based on gender identity and individual and institutional responsibility. The San Francisco Human Rights Commission, the municipal department that enforces the city's anti-discrimination ordinances, played a significant role in the passage of the gender identity discrimination law in 1994. It has enforced that law since it took effect in January 1995 and has assisted hundreds of transgender people who have alleged discrimination in employment, housing and public accommodations. Additionally, we have worked with employers, businesses, government and nonprofit agencies and the media to educate them about transgender rights and concerns. The complex issues arising from the news of Gwen Araujo's murder start with one basic, simple fact: Gwen Araujo was a young woman. In teenage parlance, she was a girl. Articles and reports in the media refer to a "boy" named "Eddie," which are references to Gwen's sex at birth and her given name. But according to our understanding of who Gwen was, she was trying to make it clear to her family, friends, schoolmates and others in her life that she was female. She dressed in women's clothes, wore makeup, tried on different female names (settling finally on Gwen), presented in every way as female, and spoke of yearning for physical transformation, including surgery. It is not necessary, and indeed in most cases it's offensive, to rely on a person's birth name or what you think you know about his or her sex at birth, when deciding what name and which pronouns to use in reference to them. In fact, it matters less than knowing a person's gender identity. Virtually all non-transgender people would be extremely offended and agitated if they were referred to and spoken to as if they were a different gender. Why is it that transgender people have to suffer such indignity, even in death? If the Gwens of the world say to us that they are female, that's all we need to know. We don't need to know if they've had gender confirmation surgery or not. And once we know that they are female (as we do with Gwen Araujo) then we must, if we are to be fair and respectful, speak and write of a girl or woman named Gwen, not a boy named Eddie, and we must speak and write of what she went through in life and what happened to her. Similarly, if we write of someone named Jack who we know to be a transgender male (female to male) we write of a boy or man, what he went through in life and what happened to him. The majority of gender identity discrimination cases filed with the San Francisco Human Rights Commission allege improper use of names and pronouns. If the commission finds that employers, landlords, city personnel or places of public accommodation deliberately use improper names and pronouns, we'll write findings against them. It is time for all of us who are not transgender to extend to transgender people the standard we demand for ourselves -- call me by my name (even if it's not my birth name), refer to me as the gender that conforms to my identity and use pronouns in reference to me that match my gender identity. Let's stop being hung up on anatomy and birth certificates -- transgender people are entitled to be seen as who they are, not how others want to see them. Larry Brinkin is a senior contract compliance officer with San Francisco's Human Rights Commission. END RELATED ARTICLES: 10/26/2002 - Slain teen is 'my angel now'. http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/10/26 /BA195684.DTL 10/24/2002 - Newark teen latest victim of violence in transgender community. http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2002/10/24/stat e0344EDT0020.DTL 10/23/2002 - Transgender teen's slaying shakes nation. http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/10/23 /MN240721.DTL more related articles... http://www.sfgate.com/cgi-bin/suglist.cgi?article=/chronicle/archive/2002/11 /08/ED236831.DTL&wt=0 -- ©2002 San Francisco Chronicle. Page A - 25 Top
Boston Passes Historic Transgender Equal Rights Legislation The National Transgender Advocacy Coalition (NTAC) Top For Immediate Release: Dated November 8, 2002 From: The National Transgender Advocacy Coalition (NTAC) Contact Person: Vanessa Edwards Foster; Houston, Texas Contact Email: ntacmedia@aol.com media@ntac.org Contact Phone: 832-483-9901 Website: http://www.ntac.org
BOSTON PASSES HISTORIC TRANSGENDER EQUAL RIGHTS LEGISLATION
On October 30, 2002, Mayor Thomas M. Menino expanded anti-discrimination protection for over 589,000 citizens of Boston, Massachusetts plus those who visit and work there. Without any fanfare or press announcement, the mayor signed a gender-identity nondiscrimination ordinance overwhelmingly passed by the City Council a week earlier.
"Gender identity and expression" is defined as "a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression whether or not that gender identity, gender-related self image, gender-related appearance, or gender-related expression is different from that traditionally associated with a person's sex at birth." This definition covers such gender variation as transsexuals in all stages of transition, cross-dressers, drag queen and kings, and the intersexed.
Addressing such concerns as employment, public accommodation, lending, housing, credit, insurance, and education, the ordinance adds gender-identity or expression to the list of protections for those who reside, visit, and work within the city. It's also noted as being one of the most comprehensive nondiscrimination languages in the country, especially on public accommodations.
"By passing this ordinance, Boston has affirmed its commitment to ending all forms of discrimination," said Cole Thayer, cofounder of the Massachusetts Transgender Political Coalition. Thayer was one of a large coalition of local and national groups - such as the National Transgender Advocacy Coalition (NTAC), the National Gay & Lesbian Task Force (NGLTF), and even the Human Rights Campaign (HRC) - that participated in training and in directly working and in testimony for passage of the ordinance.
"The City Council has proven to be open to learning about discrimination," added Thayer, "it has unmistakably shown that it is dedicated to protecting the rights of all who don't conform to rigid sex stereotypes."
At least one council member had a difficult time with the extension of equal rights to transgenders. In a column written for the South Boston Tribune last summer, Councilman James M. Kelly said, "I can't support this ordinance because cross dressers have the option of dressing as they please after work, out of school, after their job on the construction site, and away from the locker room." In voting against the ordinance, Kelly remarked, "We're solving a problem that doesn't exist."
Council member Kelly's logic completely overlooks the Peter Oiler v. Winn Dixie case where a Louisiana truck driver fired by Winn-Dixie for cross-dressing on his own time. In September, a The 5th Circuit Court judge ruled that indeed an employer may terminate an employee simply for the way they dress (in this case cross-dressing) away from the job.
But despite the concerns of council member Kelly, the City Council voted 9 to 1 to pass the ordinance with one abstention and one absence.
"The sense of community that came from the amount of support received was overwhelming," said Ethan St. Pierre, a board member of NTAC who testified before City Council for the measure. "I felt very empowered to be a part of and to witness such a historic event."
Gunner Scott, also an MTPC, added, "I am very happy and excited by the support that was shown throughout this process from both community members and Boston City Council members. Both the Boston City Council and Mayor Menino have demonstrated that discrimination will not be accepted or tolerated in Boston for all its citizens. This is a great step forward for transgender folks in Massachusetts."
Transgender activists are celebrating the Boston victory in a year that has so far seen transgender-inclusive anti-discrimination laws passed in 12 cities and towns, including New York City, Philadelphia, Dallas, Chicago and Buffalo.
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RE: "The Human Rights Commission wants to force its ideas of morality on the community of Eugene". By Kelly Stevens Top October 28, 2002 I've heard this argument before, but this is the first time I've seen it so concisely stated. "The Human Rights Commission wants to force its ideas of morality on the community of Eugene". My observation is that Mr. Pearson, and others like him, have been imposing their idea of morality on Eugene, and the rest of the country for quite a few years. As long as it is their idea of morality they have no problems. But when someone challenges that morality they have major upset. I am of the opinion that it is long past time in the U.S.A. that morality, as a stand alone subject, be debated. What constitutes morality? Is it adherence to a particular religious point of view? Is it adherence to a commonly accepted code of conduct? Is it always black and white, or is there any gray? Where is the line between morality and immorality drawn, and most importantly, who gets to draw that line? Then we can get down to the nitty gritty of what constitutes moral. That is one super large, gargantuan can of worms. But a peak at the can label can show just a little of the problems within. Is it moral for two people to form a loving relationship? Can those two people form such a relationship that they chose to announce to the community, and stand up in front of it, that their love is so great that they wish to intermingle the most intimate parts of their lives until death separates them? Is it moral to keep two such people apart because someone, outside of the couple, objects to their partnering? Do you have a problem if I define that couple as Romeo and Juliet? Robert and Jose? Jane and Concepcione? The rest of the label on that can is more complicated. Opening that can may be extremely messy. Who knows where those worms will crawl, and what they'll get into? Anybody have a can opener I can borrow? Anybody willing to lend a hand getting the lid off? Kelly Stevens c/o smcbride@whc.net Who has lots of questions and not enough answers. Top
LETTERS TO THE EDITOR
From Alessa Adamo
I recently read your Oct. 24 article on the killing of Eddie Araujo. It was posted on a transgender newsletter on the Internet. Although I am abhorred by this young person's brutal killing, I have been angered and frustrated by much of the reaction to his situation.
I am a 50 year old MTF (male to female) transsexual living with a same sex partner, another MTF. I, like you, am also confused about how to refer to Eddie. I finally decided to refer to him as Eddie and male. However if I had met Eddie cross-dressed I would have respected his decision to be Gwen at that moment and refereed to him as Gwen and female. This is how I viewed myself when I was cross-dressing.
I have read many editorials excoriating society for Eddie's death. They cry for further education for our young. Unlimited tolerance and understanding for the rest of society. More supervision in our schools. This juvenile pap goes over well with liberal leaning groups but is so unrealistic as to be laughable if it wasn't so tragic.
You cannot force society to be enlightened, even though the struggle to try is worthwhile. While engaged in that struggle a family is responsible for protecting their own and I am disappointed that Eddie's family apparently did not do that.
According to news reports Eddie was often out all night without supervision. Reportedly even trading sex for drugs and alcohol. His mother did not apparently require him to be in school because he was on the streets more than at school. In short it seems that Eddie was left to do as he would choose and not held to some standards that only his family could reasonably require.
I don't know how much truth there is to what has been reported but if Eddie was not supervised and given limits in which to make him safer in a crazy world then the family must accept at least some of the responsibility for Eddie's death. They allowed him to live at high risk and it finally caught up with him.
I don't know the family's circumstances and am not personally placing blame anywhere. For all I know Mrs. Araujo did all she knew how and was as lost as Eddie was. But it is a parent's job to intervene and protect our children. We are the adults and have taken that responsibility when we became parents. We should not be our children's friends or roommates, we should be their caretakers and protectors. Their educators and disciplinarians...their parents. Even if it alienates them from us.
Eddie should have never been at that party as Gwen. Eddie should have been in school full time in reasonably androgynous dress. Eddie should not have been allowed to be out at nights. Eddie should not have been killed. It was tragic and senseless and the boys who murdered him should face the consequences of their actions.
I pray that more Eddie's are not out there unsupervised roaming this dangerous world not aware of, or not caring how much danger they are in. I pray for Eddie's family for they did not deserve to lose him. I pray for all of us who are different so that we may live peacefully in society but have the good sense to know where the limits are. And I pray for Eddie's soul because it is too late to pray for a fulfilling life for him.
Alessa Adamo
Pacifica, CA
Joe Rodriguez of the Mercury News,
By Rebecca Ann Wilder
After reading your story about "Gwen" (below for reference) and several others printed in columns all across the country. I have realized the vast community including yourself neither understand what transsexuals are or why we insist on transforming to our desired gender.
Will a toddler resort back to crawling all the time after they learn to walk? Most people with gender issues fight a lifelong battle fear of rejection, unacceptance from the community, loss of their jobs, religion, family and friends. Midway through their life usually after some sort of trauma, like divorce, bankruptcy, termination from employment and so on, they realize all they want is to be happy like our friends and neighbors. At that point they no longer wish to live a forced life. A life since birth you had male genitalia and so you shall live like a man. So says our society in many ways than one. Gwen is a very good example. Other people with the same issues that have not confronted their gender issues see the aftermath of the little girl in Newark and what everyone is saying about her and they family.
In your story you ask,
"For those who will cross-dress anyway, shouldn't there be a line of dress they shouldn't cross, parties they shouldn't attend? Would that be any different from telling a teenage daughter she can't wear a skimpy halter to a fraternity beer blast?"
Now I have a question for you. If you were told to were a dress every day of your life feeling the way you feel (I am assuming manly). Would you do it because society told you to do so in order to conform with what everyone else wants?
My point is I am trying to bring to light what a transsexual thinks about nearly every minute of their life. After getting out of the shower and looking into the mirror, do you smile and flex your muscles and feel pleased with the image starring back at you? I can assure you transsexuals do not admire themselves starring at a disfigurement on their bodies wether it be breasts or testicles. I recall having the same dream throughout my childhood and teenage years that I was born a girl and everything was wonderful. being on the cheerleading squad, having pajama parties with the other girls and shopping for clothes. Then waking up disappointed and depressed scratching my stubbly chin thinking God made a terrible mistake and gave me the mind of a girl and the body of a boy. There is nothing I could do about it (so at least I thought) so once again head for work as a successfulTranssexual business man all the while making sure I present myself manly enough in everything I do so no one catches on that I have a serious gender issue.
Ever had that dream over and over? Ever feel like there is something profoundly wrong with you and cant figure out what to do about it or scared stiff to do anything about it? Most people will answer "NO" to many if not all of my questions. Why? because they are not transsexuals or have any gender issues.
Hopefully I am helping you understand the mind of a transsexual. Now lets move on to why a Transexual breaks out of the closet and changes their life so upside down in a world not ready for this new revelation or acceptance of this chosen lifestyle. Most of my comments are based on my own experiences or close friends going through the same transition. As I mentioned before usually after some sort of personal disaster, such as my case divorce, bankruptcy portfolio loss from market crash and of course the first two brought on from being terminated from my employment. A few years before all that happened the Internet was booming and searching for research was now at a persons fingertips without the embarrassment of asking the librarian if a book on transsexuals was available. I was astounded and had no idea I could find a solution. The realization that fixing the problem I had since birth could indeed be done with hormones and surgery was relieving. Except the fact of loosing ones human rights on almost every level not to mention the loss of everything in your life. Now armed with the knowledge that transition was possible I gained self esteem and vast knowledge on the how to part of transitioning. Once I lost everything, i realized that my dream could become a reality. My only obstacle was fear, tremendous fear of ridicule and rejection. I then decided why not do it? I have nothing else to loose anyway. I did indeed seek professional help to start my transition. Told everyone I knew including my entire family of my intentions to become a woman that I always felt I was. I have already mentally prepared myself for no one to understand or except who I was or what I was about to undergo. Half of my family supported me with open arms yet wanted to be educated on the subject. The other half would rather believe I died serving my country or whatever excuse they are using to avoid having to speak about me. My father, refusing to see me in person or talking to me on the phone, wrote me a letter saying that I have some hidden motive, maybe to see women naked in the looker room at a local gym or something. He also wrote that if I insist on transitioning that he will mourn the loss of his son however, will not honor a new daughter.
Do I regret transitioning? I regret not having the courage to do it sooner some 10 years ago. I am leading a very hard life. I Can hardly get or hold a minimum wage job because too many people believe what i am doing is wrong. Discrimination. I know what it is now and know what it feels like to not get the job based on my looks. Qualified? you bet. Going from $50,000 per year to $11,000 ask yourself if its not a hard life. And yet I still continue to transform and live in my new role as female. But one thing that I am experiencing now after 31 years that I never knew existed. Happiness, self acceptance and definitely pleased looking into the mirror seeing a young attractive beautiful woman. I now take better care of myself, don't drink whiskey constantly and feel free to cry during a sad movie. I wouldn't go back to living a lie to myself as a man for anyone now that I have experienced what non transsexuals take for granted, the love for themselves. It is worth any criticism, ridicule, loss of people that are worried what other people will think and unemployment.
A couple more quick questions. Why are you referring to Gwen as gay? I understand her fight with her gender. I see her a heterosexual in love with boys just like any other genetic female. Wouldn't she be gay if she were dating other girls? Thats a question we should all ponder as more and more transsexuals are trying to get married. Who am I legal to marry? I am not gay. I am a woman that wants a normal lifestyle married to a man. That I will tackle when the time comes. Society is not yet ready to except transsexuals. Force me to be a lesbian because thats what society demands, not likely. I can no more make you gay than you can cure transsexuals of their gender issues.
There will always be somebody out there writing a column on what they think everyone else should do. And our voices are what influences society. I for one take a stand for women such as Gwen and admire her for her courage to take the problem she was dealt with at birth and face it head on without the fear. I her life there was no question who she was. So why should she not enjoy the same clothes as the rest of the female population. Hardly any transsexuals wants to advertise their birth sex nor want to be reminded. Should Gwen stamp "I am a transsexual" on her forehead? Society labeled them as transsexuals. I prefer to be labeled as a woman.
Close minded people however will never acknowledge me as a woman. As I noticed in your article referring to Gwen as "Eddie, he and boy". Are you at odds with giving Gwen the proper pronouns that you get? I would you feel if society refereed to you as Ms. Joe Rodriguez when you call yourself Mr.Joe Rodriguez.
My purpose is only to reverse some statements to you to think about how it would affect your life not to attack your view. Everyone is entitled to His/Her opinion. Did you notice that I did not place "it" between "his/her"?
Rebecca Ann Wilder
rebecca897@earthlink.net
cc: editor@avitale.com
To the editors (of the Eugene Register Guard): Lori Buckwalter Top There are public safety issues at the core of the controversy on transgender rights and accommodations. Problem is, no one's talking about the real issues. People whose gender identity is perceived as "different" are most likely to be abused, excluded and attacked in this community, even to the extent of having no safe place to use a toilet stall. A recent editorial about the city council's consideration of an ordinance to protect every person from discrimination because of their gender identity misses this point entirely. Where are we reminded that the concern over people's rights to employment, housing and public accommodation is the reason this proposal was needed to begin with? Instead, the public is told to allow its possible ignorance and misconceptions about the needs and lives of transgendered people to remain unchallenged. In the absence of any evidence to support the fear that giving transgendered people access to public space poses any threat whatsoever, readers are still urged to accept this biased presumption as compelling till disproven. Statistical and common-sense evidence argues for the compassionate protection of an already victimized class of people, but there seems to be a disconnect on that for some folks, who'd rather we dwell on misconceptions and irrational fears. It's not the details of the ordinance on gender identity rights that are being put to a real test here, but the broader conception of a society that protects and respects all its citizens. The truth is that transgender people exist in this world, and even in Eugene. They pay taxes, raise families, work and shop next to everyone else; they are real people. They deserve the same rights of safe access to public space as everyone else. They assume the same risks and responsibilities for living in a respectful, responsible way as other citizens, and should be held accountable on an equal basis for their actions toward others. But what they don't need is hysterical suspicion about their motives for activities of daily living and for wanting to be a part of this culture. The crux of the problem in educating about transgender issues is to begin with the presumption that every person is equal under the law, and that every person is entitled to safety, human rights and dignity; even transgender people. That's the starting point for a dialogue that reaches reasonable conclusions and reasonable accommodations when necessary. Many other cities, including Portland and Salem, passed gender identity protections, finding that irrational fears gave way to a more inclusive, less suspicious reality. These jurisdictions opened their eyes to the clear facts that transgender people are routinely abused, excluded and threatened, opened their minds to the concept of a society that cares about this bias, and opened a door on a real future for folks who may have been afraid to live in public before. These topics aren't common for a lot of people, but then this is a world of many diverse individuals, and we all have a lot to learn about each other's lives and struggles. Hiding behind hysteria won't help that, nor will an appeal to intentional ignorance. Those people who are already at risk, and those who are willing to acknowledge this risk, are asking for a higher standard of conduct from their leaders; informed, principled advocacy for human rights and public safety. Unfortunately, some of what they have gotten in return is the very discrimination that already serves as an excuse for current abuses. I support the proposed ordinance changes sent to Eugene's City Council by the Human Rights Commission , especially those dealing with gender identity. They should be passed without amendment. Human rights aren't optional, nor should they be contingent on appeals to biased stereotypes and hysterical fears. The ordinance will allow for reasonable, cooperative and respectful civil conduct, and a fair and consistent basis for access to gendered facilities and services. This does not threaten anything other than the status of irrational pleas for continued denials of public safety and respect for citizens who really need these. If our children are unsettled and confused, perhaps it is due to the discrepancy between our society's statements and its actions, in support of those who are most at risk. That hypocrisy is still in the closet, and desperately wants to stay there. Lori Buckwalter Executive Director, It's Time, Oregon! State Certified Instructor, Sexual Minority Civil Rights and Public Safety Portland, OR Top
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