Vitale Letter #246, December 9, 2002

Anne Vitale PhD, Editor

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ANNOUNCEMENTS
[1][USA: San Francisco Bay Area--MTF Group Reforming--Advanced transition / Recent post-op
[2] USA: California: Monterey TG support group announces openings for new members
[3] USA: Pennsylvania --Governor has signed the hate crimes law
[4] UK: Write in appeal regarding government's questioned will to implement TG legislation
 
GENERAL INFORMATION
   [5a]USA: New Hampshire: Transgendered Man Sentenced To Special Prison Unit
   [5b]USA:New Hampshire--More on Transsexual Sentenced in Sister's Murder
   [6]USA: St Charles County Missour--Rights clash in cross-dressing case in Missouri
   [7]CANADA-- Sex-change delisting `prejudiced' -  SRS may be covered. Probe finds OHIP bias against transsexuals Tribunal to decide on
issue of coverage
   [8] INDIA--Public rally to protest of mysterious murder of transwoman
   [9] USA: Transgender Rights on the Move
   [10] INDIA : Ahmedabad --Americans campaign for eunuch candidate
   [11]USA:Houston Texas--Another warning about the only TG shelter in the country - From
Jade: "Transgender Homeless: What I Know About It..."
   [12]USA: Transgender Day of Remembrance attracts 50 in Dallas
   [13]USA: San Diego, California--Community holds Transgender Day of Remembrance vigil
   [14]USA: El Paso, Texas--Man on bail charged in new TG slaying
   [15] UK--A male to female transsexual 'humiliated' by her former employers has agreed to
an undisclosed sum out of court 
   
 MEDIA WATCH
[16]USA: Changing birth certificate gender varies state to state.
[17] AUSTRALIA: As sure as Bob's your cross-dressing aunty
 
LEGAL ACTION
[18]USA: Nebraska-- Court Rejects Increase in Damages to Mother of Brandon Teena
[19]UK--West Yorkshire Police appeal over transsexual case
 
 
ARTS & ENTERTAINMENT
[20] New ZEALAND--Just the thing when life gets rocky
[21]THAILAND --This tootsie needs no saving
 
 
LETTERS TO THE EDITOR
Re: Driver's License
From Lisa Ann Estrine
 

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ANNOUNCEMENTS
   [1][USA: San Francisco Bay Area--MTF Group Reforming--Advanced transition / Recent post-op. 
  Anne Vitale PhD to facilitate
 Top
   
   This group is for MTF's who are either in an advanced stage of transition (living full time in the female gender role) or 
has had SRS in the last year. The group has been meeting for the last 20 weeks and is well established. 
There is room for two new members. 

This is NOT a drop-in/social group. Each participant is expected to make an attitudenal commitment to attend all or as many as possible of the 10 scheduled meetings. The fee is $25 per session or $225 if paid in full at the start of the 10 sessions. Participants are responsible for payment of each session whether they attend or not. If you live in the San Francisco Bay Area and think you can make it to San Rafael from 7:30 to 9:00 pm on alternate Wednesday evenings, let me know. The first meeting is scheduled for January 8, 2003. Visa and MasterCard accepted.

Call Anne Vitale PhD at 415-456-4452 or send an email to Group@avitale.com for more information.


[2] USA: California: Monterey TG support group announces openings for new members
   Top

Stephen L. Braveman Writes:

Dear Trans Community Members,

The Monterey Transgender Support Group, for both FtM's and MtF's/Pre-op and Post-op, will be having it's next meeting regular meeting this coming Saturday, December 14th, from 10 a.m. to noon.

For those who do not know, this is a closed (see note regarding guest below), confidential therapy support group run by gender specialists Stephen L. Braveman, M.A., L.M.F.T., C.S.T. (Licensed Marriage & Family Therapist, Certified Sex Therapist) and Maren Martin, M.A., L.C.S.W. (Licensed Clinical Social Worker). The group meets at Stephen's office in Monterey. There is a $25.00 fee per group and a free, one hour intake is required to be a regular part of this group. There are currently a couple openings for new members available.

GUESTS IN THE TRANS COMMUNITY, WHO ARE NOT PART OF THIS GROUP, ARE WELCOME ON SPECIAL OCCASIONS, SUCH AS THE ONE COMING UP IN FEBRUARY WHEN WE WELCOME POST-OP FTM, JAMISON GREEN, KNOWN AROUND THE WORLD FOR HIS ADVOCACY OF TRANS RIGHTS AND EDUCATION. HOWEVER, THIS IS BY RESERVATION ONLY. SORRY, NO DROP-INS ARE ALLOWED.

Call or write Stephen at the number/e-mail address below if you are interested in joining the group, being a guest at a special meeting and/or both.

All my best,
Stephen L. Braveman, M.A., L.M.F.T., C.S.T.

Licensed Marriage & Family Therapist

        Top
      
   [3] USA: Pennsylvania --Governor has signed the hate crimes law
   Top
Source: PA Gender Rights
Date: Dec. 3, 2002
   
A few minutes ago, we got a call from the PA Secretary of State
notifying us that Gov. Schweicker has signed the Hate Crimes Bill into law.
   
We have won our first ever statewide transgender legislative victory in
Pennsylvania. Indeed, we have been told that this is he first ever
significant LGBT statewide victory in a state whose government is
entirely controlled by Republicans.
   
No more need to contact the Governor, but huge thanks to those who did.
And huge thanks to those who did the many other things that made this
victory possible.
   
A victory party is scheduled in Harrisburg on Sunday December 15. Anyone
who would like to attend should contact Mara Keisling at
mara@keisling.com for directions.
Congratulations to everyone.
      
   Top
   
   [4]UK: Write in appeal regarding government's questioned will to implement  TG legislation 
   Top
   Date: Sat, 30 Nov 2002
 From: Petra Henderson <petrahenderson@yahoo.com>
   
More info from Stephen Whittle (PFC) and some additions from
Mish (in the SRS group) and some from me... If you are not a UK
citizen or Ex-Pat, please first read my note at the end of this
post.
   
First find your current MP, if you are no longer in UK use
your last known UK post code in the following link...
   
(Same, off course, if you are in UK and don't know his/her
name!)
 "United Kingdom Parliament website  / Directory of MPs,
Peers and Offices "
http://www.locata.co.uk/commons/
   
in this site you can search your MP by Post code, by
your/their Constituency or by the MP's name...
   
Sample result for my (Petra's) Last UK residence...
   
Constituency:   Isle of Wight
Sitting MP:    Andrew Turner
Party:   Conservative
Website:   None
To contact your MP:
By telephone: 020 7219 3000 (House of Commons
Switchboard - ask for your Member's Office)
By letter: House of Commons, London, SW1A 0AA By e-mail: Click
Here  ****
   
Please do NOT use the e-mail contact, then it would be looked at
and forgotten, only a pile of real letters with real signatures
will give the necessary feeling of "This is a vote" that every
MP needs when considering anything...
   
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
   
To:-
[MP's name],  [Party name] Member of Parliament
for [Official Constituency Name],
House of Commons,
London,   SW1A 0AA
   
Dear  [MP's name]
   
[Once again] I‚m writing to you reference the European Court of
Human Rights ruling in the case of I v Christine Goodwin's
case for the right to respect for private and family life, the
right to marry and to found a family in relation to her status
 as a transsexual person.
   
I have heard rumours there are now doubts as to whether
the Government has the will to implement the legislation
before the next election.
   
This is a disgraceful situation .... [the message we now
have to get across to the Government is that we have won
these rights, and we want them to act now, not in 3
years time. SO ADD SOME PERSONAL WORDS of
how this situation has affected you or the rights of others
and how a further three years could affect you or others!]
   
Therefore I‚m asking you to ask Rosie Winterton or Robin
Cook when the Government intends to bring UK law into
line with the ECHR's decision in the cases of Goodwin & I
v  UK government.
   
Further, I sincerly urge you to sign the early day motion
put down by Dr. Lynne Jones, which I provide below for
your ease to review.
   
EDM 214  TRANSSEXUAL PEOPLE'S RIGHTS 27.11.02
Jones/Lynne
   
That this House notes that it has been over five months
since the European Court of Human Rights ruled in favour
of Christine Goodwin's case for the right to respect for
private and family life, the right to marry and to found a
family in relation to her status as a transsexual person; and
calls on the Government to bring forward legislation to give
transsexual people full rights and legal recognition, without
delay.
   
I know that MPs often use the excuse for not signing EDMs
is that they don't do any good. I would like point out that it
is important that you sign as it will show the Government
that you will not be opposing legislation.
   
Once again I know I can trust in you to give me and others
the support and some basic civil rights we need.
   
Petra's Note: If you are outside the UK consider adding...
   
 "It is important that this sorry state of affairs is ended as
soon as possible, then Europe is watching. Please do your
part for people like me and for the image of the UK in the
rest of Europe and indeed the world."
   
Yours sincerely
   
Then Sign in Original
with Ink, best "blue" Ink...
   
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
   
For further Info for UK members about contacting your MP
over the EDM If you already know the name of your MP
you can find out  further details about them here.
   
http://www.parliament.uk/commons/lib/alms.htm
   
Thank you
   
Please write us an answer here and let us know if you have
written,
and what response you have received if any...
   
Please also forward this to any other T* groups that may contain
   
Ex-UK members still holding a vote, or likely to respond with a
personal "ÈX-citizen  and former Voter" letter in similar
style...
   
Concerned Citizens of any country who can write and point out
how bad the UK looks in the world and how the world is watching
and expecting minimum compliance with Human rights, should
please also do so... Select an MP from an area you feel you may
like to one day live in or one who you feel associated with
(Favourite UK football team, music groups origins, i.e.
Liverpool / Beatles, etc.) or one from Scotland, Wales or
Northern Ireland, etc.
  Top 

GENERAL INFORMATION [5a]USA: New Hampshire: Transgendered Man Sentenced To Special Prison Unit Top Shanley Pleads Guilty To Killing Sister Date: Sat, 07 Dec 2002 From: "Mrs. Petra Henderson <petrahenderson@yahoo.com>" <petrahenderson@yahoo.com> -- In transgendernews@yahoogroups.com, tgnews_moderator <tgnews_moderator@y...> wrote: Source: WNNE (The Champlain Channel) URL: http://www.thechamplainchannel.com/wnne/1822283/detail.html Date: December 5, 2002 Transgendered Man Sentenced To Special Prison Unit Shanley Pleads Guilty To Killing Sister NEWPORT, N.H. -- A Claremont, N.H., man who had a sex change operation decades ago was sentenced Thursday to 22 years to life in a transgendered prison unit for killing his sister. Joseph Shanley, 66, pleaded guilty to second-degree murder in the October 2001 death of Ann Cavanaugh. He had asked to be incarcerated at the state prison for women. But prosecutors worked out an agreement instead to send Shanley to a Connecticut men's prison that has a special transgendered unit. If that plan fails, Shanley will be held in the women's prison in Goffstown. Shanley was convicted of shooting Cavanaugh to death in the Claremont home they shared. Top
[5b]USA:New Hampshire--More on Transsexual Sentenced in Sister's Murder Top From: "tgnews_moderator <tgnews_moderator@yahoo.com>" <tgnews_moderator@yahoo.com> Source: Valley News (Vermont) Author: Bob Hookway URL: http://www.vnews.com/12062002/800356.htm Date: Dec. 6, 2002 Newport, n.h. -- A Claremont man who shot his sister to death in 2001 was sentenced to 22 years to life in prison yesterday. Tied to the case was the question of whether 66-year-old Joseph R. Shanley, who had a sex-change operation 33 years ago, should serve his sentence in a men's or women's prison. Shanley pleaded guilty three months ago to second-degree murder in the killing of Ann Cavanaugh, 68, at the Ledgewood Drive home in Claremont they shared. The prosecutor, Assistant New Hampshire Attorney General Jeffery Strelzin, told Sullivan County Superior Court Judge Robert E.K. Morrill that his office had worked out an agreement with New Hampshire prison officials, who said they would send Shanley to a Connecticut men's prison to serve his time in a "transgendered" unit there. If that plan fails, Strelzin told Morrill, the state would house him in the New Hampshire State Prison for Women in Goffstown. The agreement headed off what threatened to be a court spectacle regarding Shanley's sex, as well as a potential turf battle between the New Hampshire Corrections Department and the Superior Court over who should decide where an inmate is housed. "For people with needs like his, people with transgender issues, the closest place is Connecticut," Strelzin said in an interview before the brief sentencing hearing. The case drew Chris Keating, director of the New Hampshire Public Defender Program, to the Newport court yesterday, along with Shanley's court-appointed attorney, Janice Peterson of the program's Keene office. Keating said afterward he was relieved the issue had been resolved to everyone's apparent satisfaction. "I'm happy that the corrections department has taken the wise and humane course here. They've chosen a place where Jo can be safe and live with some dignity," he said. Regarding Shanley's sentence, Strelzin said in an interview: "I don't think any sentence is fair. It's appropriate under our system." During the hearing, an emotional Shanley appeared unable to read a statement he had prepared. Speaking on his behalf, Peterson read: "The word sorry doesn't begin to express my terrible shame, horror, and disbelief that my act has caused. But sorry I truly am. I'm sorry I was ever born. I'm sorry I didn't die before this tragedy happened. I'm sorry I ever took even one drink of alcohol in my life. I'm sorry I ever owned or even saw a firearm. I'm sorry I am so fearful of everything. I hope that one day we will meet in Heaven and I'll be able to tell her how sorry I am and ask her forgiveness. I am truly sorry I shortened the life of someone who could, at times, be a wonderful person and friend." No motive for the crime has been established. After Shanley summoned them to the home late at night on Oct. 4, 2001, police discovered Cavanaugh's body lying face down. She had been shot once in the head and three times on her lower left side, and had sustained a fifth "grazing shot" to her buttocks, New Hampshire State Police Detective Shawn Skahan testified at an October 2001 probable cause hearing in Claremont District Court. He said Cavanaugh had been dead for several hours when police arrived. Under questioning at the Claremont Police Department early the next morning, Shanley told investigators he and his sister had been preparing to move from the home they had owned for only a couple of weeks before the murder. He said his older sister had been in a "mood" earlier that day but denied shooting her. Police put Shanley under surveillance and arrested him two days after the murder when he tried to get away from them and drive to Vermont. Investigators have refused to say whether they recovered the murder weapon. Police found a .25-caliber pistol and a .38-caliber pistol at the scene. But a second .38-caliber pistol -- Cavanaugh's gun, according to Shanley -- was missing when police searched the home. Skahan later testified that the missing gun was registered to Shanley. He said police traced the ownership through numbers on the gun's empty box. Four months ago, Peterson filed a motion in Sullivan County Superior Court asking that the court declare "Jo" Shanley a woman and send him to a women's prison after sentencing. "Joseph Shanley was born as a male on February 14, 1936. At a very young age, he was convinced that he was a girl and that nature had made a mistake in giving her the outward appearance of a boy. She was later inspired by the story of Christine Jorgensen to take steps to alleviate the anguish caused by her gender dysphoria," Peterson wrote. She said Shanley went to Casablanca, Morocco, for "sexual reassignment surgery," but continued to live outwardly as a man, in part to keep his machinist's job. "Although Jo lived as a man for purposes of his family relationships and for purposes of employment, she thought of herself as a woman and dressed and acted as such in private and in public when not working," Peterson wrote. The attorney said in her filing that after a live-in companion died in 1992, Shanley lived alone until he moved in with his sister in late September 2001. After deciding to plead guilty to second-degree murder in August, Shanley changed his mind and decided to go to trial on the charge. With jury selection set for Sept. 16, Shanley changed his mind again. He entered the guilty plea Sept. 5 before Morrill, who then set yesterday's sentencing hearing. The judge gave Shanley credit for 427 days presentence confinement and ordered him to complete all treatment and education programs prison officials require. Top
[6]USA: St Charles County Missour--Rights clash in cross-dressing case in Missouri Top Date: Sun, 08 Dec 2002 From: "tgnews_moderator <tgnews_moderator@yahoo.com>" <tgnews_moderator@yahoo.com> Source: Post Dispatch Author: Shane Anthony http://www.stltoday.com/stltoday/news/stories.nsf/News/2311C63000C0373 486256C88007FFA44?OpenDocument&Headline=Rights+clash+in+cross- dressing+case At the heart of the hoopla in St. Charles County over a father dressed as a woman chaperoning a school field trip is a debate about parental rights: The right of a father to participate in his child's school life and the rights of other parents to decide what their children should be exposed to at school. For a number of years, a father has volunteered at Castlio Elementary School in the Francis Howell School District, attended school events and come to parent-teacher conferences dressed as a woman. In October, he chaperoned a fourth-grade field trip to Jefferson City and wore a sweater, jeans, makeup and a woman's hairstyle. The parents of some of the fourth-graders objected. Parent Vickie McMichael asked the School Board last week to come up with a dress and behavior code for school volunteers and chaperones. School Board President Donald Wescott has said the board will take no action until its attorneys study the matter. McMichael, 40, says, "The issue has become who decides what to teach and when to teach our children. The answer: the parents." But local legal experts say the issue is whose rights outweigh the other. Bruce La Pierre, a professor who teaches constitutional law at Washington University School of Law, said the school district would have to prove to a court that a considerable amount of harm was done to the children by having such a chaperone. "It's hard to see the harm other than that the children are seeing a lifestyle or a way of living or a way of dressing that's inconsistent with what they're familiar with," La Pierre said. "Does that harm override the parent's interest in participating in school affairs with his child? This parent has a significant constitutionally protected interest here." In the absence of a policy preventing a male chaperone from wearing women's clothes, McMichael and other parents said they would like to be notified when such a person is around the school so they could remove their children. Patti Hight, 44, whose daughter went on the field trip, said she didn't want the school district to teach her children about sex and gender without her permission. Who would answer questions from children who might ask why a man was dressed as a woman? "That sexual education is mine and my husband's responsibility, not the school's," Hight said. School Board member Lisa Naeger agreed. "I see this as a special interest group pushing the envelope to force tolerance," she said. "In doing so, they take the rights away from parents to decide when or how or if they want to address these issues with their own children." But the issue isn't quite so clear, experts say, if the parent is of transgender. Denise Lieberman, legal director of the American Civil Liberties Union of Eastern Missouri, said a cross-dresser refers more to a person who dresses in clothing of the opposite sex as a fetish. A transgender person lives his or her life as a member of the opposite sex, in nonsexual ways. Jane Aiken, a Washington University law professor, said the parent could have altered his sex surgically. If he had become a woman, she said, questions would arise as to whether the district could require him to wear men's clothing. But Thor Hearne, an attorney with Lathrop and Gage who has worked on constitutional and civil rights issues, said the school district could create a policy listing appropriate behavior and dress. Free speech can be limited in a school setting, and a policy would require research that showed what effect a person wearing clothing of the opposite sex would have on students. "If it's done rightly, I would certainly believe the school board is acting within their Constitutional authority to create some limitations on inappropriate dress or behavior on a field trip," he said. The Francis Howell parent's identity has not been made public. No one has said whether the parent has surgically changed his or her sex. He has two daughters in the school district, the younger in fourth grade. Marty Hodits, 54, whose wife teaches at the school, has worked for the same business as the father in question. He said no one had said anything about his involvement at school until now. "This individual made time to support our district and made the education of his and other children a top priority ahead of other personal activities," Hodits said. "This is more than I can say for some of the individuals that are now trying to persecute this individual." The McMichaels said they had volunteered at the school for years, too. Their fourth-grade daughter is the last of four children to attend Castlio. Rick McMichael said they had not previously encountered the parent, and their children had not been in his children's classes. Aiken said that while parents have the right to pull their children out of activities, a list of who would be chaperoning a trip might present legal problems if its purpose was discriminatory. The question leaves room for debate, she said. A list made with the intention of letting parents know that an African-American would be a chaperone would be deemed intentional discrimination. But transgender people are not a protected class in the way that people of different races, sexes and creeds are. Still, Aiken said, such a policy could offend the Constitution. And if the district developed a dress code that demanded that men and women wear gender-appropriate clothing, could women wear pants? Dr. Tim Jordan, a behavioral pediatrician, said the issue provides an opportunity for parents to talk about tolerance. Parents may be upset because they feel they have no voice and no control, he said, but children might not be upset about a man dressing as a woman or vice versa until their parents become upset. "Kids tend to be a reflection of the adults around them," he said. "In my experience, kids are pretty tolerant by nature. They don't have all the judgments that we have." Reporter Shane Anthony: E-mail: santhony@post-dispatch.com Phone: 636- 255-7209 Top
[7]CANADA-- Sex-change delisting `prejudiced' - SRS may be covered. Probe finds OHIP bias against transsexuals Tribunal to decide on issue of coverage Top Date: Sun, 08 Dec 2002 From: "tgnews_moderator <tgnews_moderator@yahoo.com>" <tgnews_moderator@yahoo.com> Source: Toronto Star Author: Karen Palmer, Public Health Reporter http://www.thestar.com/NASApp/cs/ContentServer? pagename=thestar/Layout/Article_Type1&c=Article&cid=1035775288111&call _pageid=968867505381&col=969048872038 itle: Sex-change delisting `prejudiced'; Probe finds OHIP bias against transsexuals Tribunal to decide on issue of coverage Ontario could soon be paying for sex change surgeries if a human rights tribunal finds the government discriminated against transsexuals when it quit offering compensation for the operation five years ago. An Ontario Human Rights Commission investigation found the government's decision to cancel OHIP coverage was prejudiced. At least four separate complaints involving six people have been referred to an independent tribunal, which will meet in the new year to hear arguments about whether the discrimination was justified. "This is more than a mild victory," said Susan Ursel, a human rights lawyer representing two complainants. Her clients declined to speak to the media, but said through their lawyer that they're pleased with the decision. Ursel said her clients had already begun the transition from male to female and were "caught in limbo" when the surgery was suddenly delisted by the Mike Harris government in 1998. Dr. Ray Blanchard, who heads the Clinical Sexology Program at the Centre for Addiction and Mental Health, said the government used to pay for about 10 surgeries each year, at an average total cost of about $120,000. "When you compare that to what one heart bypass surgery would be, you get the perspective that we're not talking a lot of money here," he said. A private Montreal clinic performs the surgery for $14,000, although Maxine Petersen, a psychological associate at the centre, said that since OHIP coverage was cancelled, many transsexuals are choosing to fly to Thailand, where the surgery costs $6,000 (U.S.). The province first began paying for sex-change surgeries in 1969. Blanchard said the sexology program has always viewed surgery as a treatment of last resort for patients diagnosed with gender dysphoria, a clinical illness characterized by a desire to be, or insistence that one is, of the opposite sex. However, Petersen said that for some transsexuals, surgery is seen as the only option. Copyright 1996-2002. Toronto Star Newspapers Limited. All rights reserved Top
[8] INDIA--Public rally to protest of mysterious murder of transwoman Top From: "tgnews_moderator <tgnews_moderator@yahoo.com>" <tgnews_moderator@yahoo.com> Source: Vividha (GLBT organizaton, India) Via: TGPOC mail list URL: http://www.hindinest.com/vividha/ (in Hindi) DATE : 8TH DECEMBER 2002 (SUNDAY) TIME : BEGINS AT 4:00 PM BEGINS FROM : TOWN HALL END POINT : MAHATMA GANDHI STATUE, M.G ROAD Vividha is an autonomous, non-funded collective of sexuality minorities (hijras, kothis, double-deckers, lesbians, bisexuals, gays, homosexuals, transgenders and others who are oppressed due to their gender identity/sexual orientation), and their supporters. We are 10 months old. This December 8th 2002 (Friday) we have decided to observe the 'International Human Rights Day' by coming out publicly in Bangalore to demand our rights and to highlight human rights violations that are committed against us. One of the demands is also for an unbiased enquiry into the death of Chandini, a hijra/transgender woman (details below). JUSTICE FOR CHANDINI Chandini alias Nazir, a 22 year old hijra (transgender woman) died in mysterious circumstances on the night of December 1, 2002, Sunday in Bangalore, India. On December 4th all English and Kannada newspapers sensationalised the death of a hijra/transgender woman called Chandini. Her death was reported as a suicide. The reason given was that she killed herself because her husband discovered her hijra identity and threatened to reveal it to his parents. They reported that Chandini deceived Gnanaprakash by lying that she was a genetic (biological) woman at the time of marriage. This sensational and hijra phobic report is filled with misinformation and uses the most ignorant and derogatory words such as Gandu, Khojja, transvestite etc to describe Chandini. Members of Vividha along with representatives of Peoples' Union for Civil Liberties- Bangalore, Sangama (a sexuality minorities' rights group) and Alternative Law Forum met with a few people who have known Chandini and her husband Gnanaprakash. It has become evident to us in this process of enquiry that the version given by the police and unquestioningly carried by the media is false. The nature of reportage only reveals the media's prejudices against these marginalized communities. The following facts can be ascertained by a simple enquiry and is backed by photographic and videographic evidence. Chandini hailed from Arsikere, Hasan, and had been living in Bangalore for the past 5-6 years. Gnanaprakash initially met her in a hamam (bath houses where hijras live). After a six-month relationship (sexual too) and after much persuasion Chandini, who had not decided to undergo Nirvan (Castration experienced as a sex-change operation) agreed to marry him. They married 16 months ago. A week after the marriage, Gnanaprakash accompanied Chandini when she decided to go for Nirvan (Castration) in a hospital in Cuddapah, Andhra Pradesh. After the operation Chandini and her newly wed husband lived at Chandini's guru (Hijra mother in the hijra community) Prema's house, for about a month. Later they rented a house in Amrutha Halli, on the outskirts of Bangalore and lived together as husband and wife, for 5 months. He was often violent towards her and began to harass, beat her and took away all the money that she was earning through sex-work. His parents too were very aware of the fact that Chandini was a hijra. Chandini has twice ran in fear to her Guru when he tried to kill her by pouring Kerosene on her. After six months of living together unable to bear his constant demands for money and to escape his torture, she left for Pune. She returned to Bangalore on November 7, 2002 and began living with her Guru in Amrutha Halli. Just 12 days ago, Gnanaprakash learnt of her return to Bangalore and came to her Guru's house. In the absence of her Guru he forced her to leave with him. She had on her person 60 grams of gold jewellery and Rs. 50,000 in cash when she left. Gnanaprakash took her to a rented house in Ramaswami Palya (Banaswadi Police Station Limit) in Bangalore. Gnanaprakash deliberately isolated Chandini from her only support, the hijra community. These facts expose the lies of Gnanaprakash and his family. In the light of the above mentioned facts we fear that she was brutally murdered by him for her money and jewellery. Local police in Banaswadi Police Station initially refused to register the complaint of Prema (Chandini's hijra mother). They in fact said that they do not recognise the hijra community or its relationships. They said they would act only if Chandini's biological parents issued a complaint. Chandini might or might not have been killed by her husband but her dignity and her selfhood have been brutally murdered by the media and the Police. While the proper course of action would have been a basic enquiry the Police have not found a hijras life worth any such effort. This denial of hijra and transgender peoples' lives is what continues to propagate myths that portray them as deceivers and criminals. Hijras are accorded little dignity when alive. This incident shows how their dignity gets outraged even after their death. WE DEMAND: 1. Impartial and speedy enquiry into Chandini's death and punishment to the guilty 2. Immediate repeal of IPC 377, ITPA Act and all legislations that discriminate against sexuality minorities 3. Govt. to appoint a committee of human rights activists to look into the human rights violations committed by all state institutions (Police, medical establishment, educational institutions) and to remedy these violations 4. Recognise hijras as women with equal opportunities 5. Employment, housing, rail travel concession, education opportunities for hijras and kothis CONTACT US AT: Vividha, Flat 13, 3rd Floor, 'Royal Park' Apartments, 34 Park Road, Tasker Town, Bangalore - 560051, Phone: 2868680/2868121, Email: vividhabangalore@hotmail.com Top
[9] USA: Transgender Rights on the Move Top FROM Brenda Lana Smith R.af D. Q-online - Column: Capital Letters - Transgen... http://www.q.co.za/2001/2002/12/09-capitalletters.html Capital Letters Hastings Wyman December 9, 2002   The movement to achieve legal rights for transgendered people has generally been deemed a quixotic effort, a stepchild of the larger gay movement, ignored even by most liberal politicians. Lawmakers, for example, have been reluctant to include transgenders in gay-rights proposals. Last year in Maryland, legislators required that transgender provisions be deleted before amending their state's civil rights laws to include gay people. And in Congress, supporters of the Employment Non-Discrimination Act (ENDA) have declined to include transgenders, fearing - probably correctly - that extending the measure's sweep would prevent the bill's passage. (This led the National Gay and Lesbian Task Force to withhold its support from ENDA.) Recently, however, the transgender movement has begun to experience success. According to Jennifer Middleton, an attorney with Lambda Legal Defense and Education Fund who specializes in transgender law, transgender progress in the public policy arena "is slow and halting, but it is happening." While success on the federal and state level has not been achieved, Middleton notes the transgender community "is much, much more organized than we've ever seen before" and has begun to lobby local jurisdictions effectively. This year alone, New York City, Chicago, Dallas, Philadelphia, and Boston have all expanded their gay rights laws to include transgendered people. All told, 43 cities, seven counties, and two states now ban discrimination based on gender identity or expression. In addition, some courts - though not all - have begun to rule that existing rights laws implicitly cover transgendered people. In one area unique to transgendered people, much progress is being made - obtaining a birth certificate that reflects one's current sexual identity. Lambda Legal recently reported that 47 states now allow people who have changed their birth gender to get a new birth certificate, while only three do not. Many states require the applicant to have had sex-related surgery before getting a court order to obtain the new certificate. Moreover, applicants for a new birth certificate often find that officials are unsympathetic or otherwise reluctant to issue one, so that additional legal proceedings may be required. Such problems persist in part because transgendered people, despite recent progress, have considerably less political impact, even locally, than gay people. One reason is that those who identify as transgendered are a much smaller component of the population than those who say they are gay. Another reason is that more people seem to believe that changing one's sexual identity - for whatever reason - is less acceptable than being gay. No transgendered people are known to have been elected to public office in this country. However, several have entered the world of politics at significant levels. The most noteworthy is Minnesota's Susan Kimberly, who served as deputy mayor for then-Mayor Norm Coleman (R) of St. Paul, who recently won election to the U.S. Senate. Other policy goals, such as allowing transgendered people to choose which public toilet - male or female - they will use, face considerable opposition. A major problem for such proposals is definition. The Transgender Law and Policy Institute uses the most inclusive meaning for the word, ranging from those who have had their gender identity surgically altered to "anyone whose gender identity or expression differs from conventional expectations of masculinity or femininity." For some purposes, such as hate crimes legislation, a broad-brush definition works well. Some lawmakers are especially concerned that hate crimes statutes be written to cover transgendered people, who appear to be a more frequent target of hate-motivated violence than other minorities - witness the recent murder in California of 17-year-old Gwen Araujo. But for other rights goals, such as access to public rest rooms, a broad definition of "transgender" can cause problems. Recently, the city council of typically progressive Eugene, Ore., voted 6 to 2 to delete gender-identity language from a civil rights proposal because the mayor, citing privacy concerns, said he would veto the measure if transgender people were allowed to use the rest room of their choice. And while some courts are helping the transgendered movement, Middleton notes that there are an increasing number of legal challenges to marriages involving transgendered persons. Gay Addenda * In Texas, where the Republicans recently won control of both houses of the legislature, state GOP chair Susan Weddington says she would welcome discussion of a state "defense of marriage" bill, as well as other socially conservative proposals. * Oklahoma made history this year by electing its first openly gay officeholder, Jim Roth, who won a seat on the Oklahoma County Board. Also of interest, former Congressman Steve Largent (R), who lost his bid for the Oklahoma governorship to state Sen. Brad Henry (D), was a dedicated foe of gay rights when he was in Congress. Hastings Wyman <HWymanSPR@aol.com> publishes Southern Political Report, a nonpartisan biweekly political newsletter related * Lamda Legal Defense http://www.lambdalegal.org/cgi-bin/iowa/splash.html * News menu http://www.q.co.za/2001/menus/news.html Top
[10] INDIA : Ahmedabad --Americans campaign for eunuch candidate Top Date: Fri, 06 Dec 2002 From: tgnews_moderator <tgnews_moderator@yahoo.com> Source: Sify News http://news.sify.com/cgi-bin/sifynews/news/content/news_fullstory_v2.jsp?art icle_oid=12193485&category_oid=-44082&page_no=1 Date: Dec 5 , 2002 A eunuch in the fray no longer raises eyebrows, but Imran Gulamnabi Ajmeri has American eunuchs campaigning for him! Contesting as an independent from the sensitive Shahpur constituency of the city, Imran has Hanny, Stephanie and Ria, eunuchs from New Jersey,all set to seek the support of the voters in the Gujarat polls. Imran told UNI that the three came to India a few days ago to campaign for their fellow eunuch. Presently, the three are taking lessons in Gujarati language and will begin campaigning from December seven. Besides the American "angle", Imran is all set to add glamour to his canvassing by inviting Bollywood actress Mamata Kulkarni to address a few public meetings. In an atmosphere vitiated by communal tension, Imran even boasts of support across communities, a claim which most of the BJP and the Congress candidates may find hard to make. Imran says the social work done by him in the constituency in the last several years would pay him rich dividends in the elections as he would get votes from both Hindus and Muslims in a state where the society is divided on religious lines, post-Godhra. During the campaigning, Imran is critical of both political parties, which he says, have acquired a "dirty" image. His slogans such as "Hum Bhrashtrachar Kyo Kare? Hamare Agge Pichhe Hai Kaun?" (Why should I indulge in corruption? And for whom, as I have no family) and "Janta Ka Paisa, Janta Ke Naam" (Public money for public welfare) are well accepted by the voters. Imran, who has studied up to Class XII at Rajkumar School at Panchgani in Maharashtra, is fluent in English. Imran is reluctant to speak about his family background, saying "I do not want to disclose anything about my family as it might embarrass my parents." However, on persistent questioning, Imran revealed that his mother is a social worker and father is working in a state government undertaking. He also said that his maternal grandparents in Mumbai raised him. Top
[11]USA:Houston Texas--Another warning about the only TG shelter in the country - From Jade: "Transgender Homeless: What I Know About It..." Top Date: Fri, 06 Dec 2002 From: Alyssa Jacqueline Wright <alyssajacqueline@subdimension.com> As Resident Assistant of CATS Project Shelter, I have a firsthand perspective of our client's needs. In addition to common issues facing any other homeless individual, our clients have very specialized needs that must be addressed. Our ability to address these needs is jeopardized by lack of community support. As of late, it has become increasingly apparent that funding for these vital services must come from the community itself. Unless we are able to effectively encourage community members to become monthly supporters, our housing and supportive services will end. Discontinuation of services would mean that those who are currently being housed through Project Shelter would become homeless. They will loose their psychological counseling and medical support. Those who are currently in job training or working will loose their ability to continue their progress. Those who are on our waiting list for housing services will continue to be homeless. While we are a small facility with very little funding, our program far exceeds the outcomes of similar programs that will not work with the transgender community. The intake process includes a medical and psychiatric evaluation, a comprehensive needs assessment and a Client Action Plan formulated to facilitate their care and progress. Each client receives comprehensive case management. One hundred percent of our clients receive HIV testing, TB testing and hepatitis testing. All work, attend school or perform community service until they are employed. All who are not currently employed fill out and turn in a minimum of 25 applications each week. All receive psychological counseling for issues relating to their gender identity. All receive additional psychological support to address other life issues that contributed to their homeless situation. All are clean and sober. Every program aspect is designed to afford each client the opportunity to become healthy, self-sufficient, productive members of society. CATS Project Shelter has the unique ability to meet the difficult challenges facing the homeless transgendered individual. Project Shelter is the only facility of its kind in America. It is also the only alternative for many who would otherwise face the streets. In so many cases, our clients are intelligent, hard working individuals who could not adhere to gender stereotypes. Discrimination led to their loss of employment. Discrimination stood in the way of housing and discrimination created the barriers to social services that are accessible to anyone else. The program‚s unique approach encourages each client to assume responsibility for themselves as well as their situation. Many of our clients are capable of entering the workforce and each unemployed client receives the support they need to become employed. Our shelter clients log extensive volunteer/community service hours per week. Each client actively reviews his/her life choices. Each client becomes an active participant in her/his personal growth. We believe that self- assessment encourages self-awareness and brings about personal empowerment, effecting positive change in the individual's life. It is imperative for CATS to secure perpetual support from the community in order to continue these services. We have found that there are very few corporations or foundations that are willing to support a transgender program. If we as a community value these services, it is up to us, as a community, to ensure their continuation. Expenses are involved in maintaining a shelter system that can offer practical and effective assistance to people who otherwise would have no alternative but to live in the streets. Our clients have NO alternatives other than the services we as a community-supported organization are able to provide. The comprehensive care and support CATS administers to those within our community who are in need can only continue if the organization providing such care is in turn supported by the community of which it is a part. For CATS to be able to afford these opportunities to our fellow community members in need, direct involvement and support by the community is an absolute necessity. We, as a community are faced with a decision: are we willing to allow the only option so many of us need for homeless and social services to die or do we choose to part with 5, 10 or 25 dollars each month. Jade Burdette, Resident Assistant CATS Project Shelter Community Awareness for Transgender Support CATS Toll Free: 1-866-234-8883 Local (Houston, TX): 281-585-8089 Fax: 281-585-0785 Donate Online: http://www.tghelp.org CATS is a 501[c][3] nonprofit organization. Donations are tax-deductible to the fullest extent of the law. Top
[12]USA: Transgender Day of Remembrance attracts 50 in Dallas Top Date: Wed, 04 Dec 2002 From: "tgnews_moderator" <tgnews_moderator@yahoo.com> Source: Dallas Voice (GLBT weekly, Texas) Author: By David Webb, Staff Reporter http://www.dallasvoice.com/news/morecity.cfm? article_id=2537&type=city Date: November 28 (?), 2002 Transgender Day of Remembrance attracts 50 Commemoration at Cathedral of Hope marks loss of 27 transgender people who were killed during past year due to their gender identity (photo) Dallas' first official observance of the Transgender Day of Remembrance attracted about 50 people to the Cathedral of Hope sponsored event last Sunday evening. Organizers had hoped for at least three times as many people to participate, but they vowed to increase turnout next year. "I think if we keep doing it every year it will get bigger," said Tylana Coop, president of the Dallas Transgender Alliance, one of the speakers at the gathering. Coop said that the assembly represented progress for the Dallas-Fort Worth transgender community. The group included transexuals, crossdressers, gender variant gays and lesbians and supporters from the gay, lesbian and bisexual community, she noted. "We're all here united in one purpose, and that's to stand up against violence," Coop said. "I think we've brought a lot of awareness, and that's the main thing ˜ to educate people." Members of Metroplex Crossdressers Club, Dallas Transgender Alliance, Tri-Ess, Dignity USA/Dallas, White Rock Community Church, Crossroads Community Church and Cathedral of Hope read the names of 27 transgender victims killed by hate violence during the past year. They lit a candle for each victim. The transgender hate crimes recorded during the last year occurred in the United States, Brazil, Venezuela, Canada, Japan, Germany, Chile, Indonesia and Viet Nam. Seven occurred in South American countries and 15 took place in the United States, with El Paso and Houston seeing one transgender murder each. The violence included shootings, stabbings, stranglings and beatings. The most recent occurred Oct. 3 when a transgender teen was beaten and strangled at a party when her sexuality was revealed. The death of Eddie Araujo, 17, who went by the names of "Gwen" and "Lida," attracted national attention after his body was discovered in a remote campsite. Four young men were charged with his murder. The recorded transgender death toll represents only a fraction of the actual count, said event co-organizer Pamela Curry, who represented the Dallas Transgender Alliance. "Tonight we are reading the names of those we know of," Curry said. "There are countless others we don't." Cathedral of Hope Pastor Mona West said that the transgender community should include the victims and their assailants in their prayers. She urged them to "let go of bitterness, anger and confusion." "Somehow in the midst of prayer for our enemies we are changed," West said during the service. Everyone needs to become better educated about transgender violence and to become aware that "we are all God's children," said co- organizer Linda Freeman, who is the lay minister for the Cathedral of Hope's transgender ministry. "The last time I checked, she made us all," Freeman said. West said that it was important for the Cathedral of Hope to sponsor the transgender observance because one of the church's "core values is inclusion." "Transgenders are a part of this community, and we are a cathedral for this community," West said. Freeman said that the remembrance would become an annual event as part of the transgender community's ongoing effort to educate the public. "We want people who are not a part of any of this to understand what is going on," Freeman said. The nation's gay, lesbian and bisexual community should unite in a collective voice against the "senseless and brutal violence," said Elizabeth Birch, executive director of the Human Rights Campaign. "These deaths remind us that anti-transgender hate crime are pervasive and often especially violent," Birch said in a press release recognizing the day of remembrance. Birch noted that progress is being made in the effort to include transgenders in anti-discrimination efforts. Ten cities extended nondiscrimination protections to transgenders this year, including Dallas, Chicago, Boston, Philadelphia and New York, Birch said. Some 56 jurisdictions now have such laws, compared to only 13 in 1995, she said. Top
[13]USA: San Diego, California--Community holds Transgender Day of Remembrance vigil Top Date: Wed, 04 Dec 2002 06:07:58 -0000 From: "tgnews_moderator" <tgnews_moderator@yahoo.com> Source: Gay & Lesbian Times (GLBT weekly, San Diego) Author: Travis D. Bone, Reporter URL: http://tinyurl.com/37kk http://www.gaylesbiantimes.com/asp/nm2/templates/sandiego.asp?articleid=712&zoneid=2 Date: November 28, 2002 Community holds Transgender Day of Remembrance vigil (photo) Wednesday, Nov. 20, marked the fourth annual Transgender Day of Remembrance, a day set aside to remember and honor transgender victims of senseless and brutal violence during the past year. In honor of the victims, candlelight vigils and ceremonies were held nationwide. Locally, members of San Diego Transfamily held a candlelight vigil in Balboa Park from 5:00 to 6:30 p.m., followed by a memorial service at the Claire de Lune coffee house in North Park that included the reading of the names of those killed in the past year. "Basically we are here to commemorate the 27 known deaths this year regarding transgender people who were coming out and expressing themselves and were abused and brutally murdered because of it," Jill Barry, the vice president of San Diego Transfamily, told the Gay and Lesbian Times. "One of our rights is the right to [free] speech, religion and expression. If you snuff our ability to express, where does it stop from there?" Close to 20 transgender people took part in the candlelight vigil in Balboa Park. The recent murder of Gwen Araujo, a 17-year-old transgender girl in Newark, California, was on many people's minds. Araujo was brutally murdered by her own peers after she attended a party wearing a dress last month and it was discovered by a partygoer that she was a biological male. While there have not been any transgender deaths in San Diego in the last year, this summer a transgender woman was beaten near the corner of Park Blvd. and University and another was beaten in the face with a shovel after leaving the Rainbow Bar in City Heights. The attacker in the Rainbow Bar beating received four years in jail for the incident, which was tried as a hate crime. "We are part of the LGBT, and basically any crime, any abuse towards our direction actually is a crime against the whole community," Barry added. "We are out of the normal society box that some people love to live in." Despite the loss of life, this year has also been one of progress for the transgender community. Ten cities extended discrimination laws to cover their transgender citizens, including Chicago, Boston, Philadelphia, New York and Dallas. More than 56 jurisdictions now have such laws, compared with only 13 in 1995. According to a recent poll commissioned by the Human Rights Campaign Foundation, 61 percent of Americans believe that the country needs laws to protect transgender people from discrimination, and 68 percent believe that we need laws to protect against anti-transgender hate crimes. But 57 percent also incorrectly believe that transgender people can't legally be fired because of their gender identity and expression. Locally, the transgender community has seen some advances with the changing of The Center's name to add the word transgender to its official title. However, as noted by Councilmember Toni Atkins, the city's Human Dignity Ordinance still does not include the word transgender in its wording. "I've only been here for a year and a half and I have found it to be very receptive and very friendly," said Barry, who moved to San Diego from Pasadena, adding, "However I am on the luckier side of the world, in that I don't get `clocked' as we put it (identified as transgender); I get by quite well in a female roll as a transsexual, which I am full time." For more information on San Diego Transfamily you can visit them online at www.sandiegotransfamily.com. Issue #779 - www.gaylesbiantimes.com - 11/28/2002 All material Copyright © 2002 Uptown Publications Top
[14]USA: El Paso, Texas--Man on bail charged in new TG slaying Top Date: Wed, 04 Dec 2002 07:11:22 -0000 From: "tgnews_moderator" <tgnews_moderator@yahoo.com> Source: Echo Magazine (GLBT weekly, Arizona) http://echomag.com/news/hotnews.html Hot News El Paso, TX ˜ The man who was jailed for allegedly killing a young transgender woman near Sunland Park in April allegedly killed again this month, police said Nov. 26. According to Louie Gilot of the El Paso Times the slain woman found Friday just south of La Union, NM, is another victim of Justen Grant Hall, 21, of El Paso. Police disclosed her name as Melanie Ruth Billhartz. She was 29 and lived in El Paso. Police won't comment on how she died or how she knew Hall. Hall was arrested Nov. 24 in Plainview, Texas, after sheriff's deputies and state troopers spotted Hall allegedly driving Billhartz's car. Hall will be under a $1.25 million bond. He would have to post $125,000 to get out. He could face the death penalty. Hall had been out on $75,000 bail since June 15 for allegedly shooting Arturo Diaz, 28, in the back on April 10. Diaz's body was found off Anapra Road near Sunland Park, clad in women's clothes. The two purportedly met that night at a gay bar in downtown El Paso, where Hall had been seen hanging around for some time before the killing. Hall's indictment alleges he was motivated by prejudice over Diaz's sexual orientation, and the killing was classified as a hate crime. On April 20, Hall was arrested at the a local trailer park in Canutillo, TX for illegally carrying a loaded 9 mm handgun. Hall was out on bond when he was arrested two days later and charged with Diaz's murder. The trial date for the murder case was postponed because a psychological exam of Hall was ordered on Nov. 4. Diaz's mother, Rosa Diaz, said she was horrified by the latest turn of events. "I told them you're going to let him loose, and he's going to kill again. Why did they give him bail? Why did they postpone the (trial) date?" she said in a phone interview Tuesday night. "I'm very sorry for this girl's parents." Issue 344 · 11.21.02 ©ACE Publishing Top
[15] UK--A male to female transsexual 'humiliated' by her former employers has agreed an undisclosed sum out of court Top From Brenda Lana Smith R.af D. HR Gateway.com - HR News & Information with U... http://www.hrgateway.co.uk/viewnewsdetail.asp?uniquenumber=1148&loginstatus= Thursday, December 05, 2002 Details Ref : N/1148 Date Posted : 04/12/2002 Author : HR Gateway Editorial Brief Details An audio software retailer has settled out of tribunal and issued an apology for a catalogue of humiliation targeted at a transsexual employee. A male to female transsexual 'humiliated' by her former employers has agreed an undisclosed out of court sum from them on grounds of sex discrimination, it was revealed today. Sharon Persky, an audio buying manager, had worked for S Gold and Sons, an audio software wholesaler and distributor for more than 20 years, and in 2000 told her employers that she was undertaking a sex change. After telling the company she alleges that her employers began a campaign of humiliation. They denied her access to the women's toilets and engaged lawyers to write letters to her parents asking about her sex life. She also alleges that they made her queue up in the male line when leaving the company in the evening to be scanned before leaving the premises: 'I am just glad that this case is over,' she said today. 'Having worked for this firm for more than 20 years, I was very unhappy to find myself bringing this case. 'I am particularly pleased that the company has agreed to work with the Equal Opportunities Commission (EOC) in developing a comprehensive Equal Opportunities Policy so that no other employees find themselves in my position,' she said. Nearly three years after she had informed her employer, despite changing her name by deed poll, amending her details with her bank and other institutions, presenting full-time as a female and taking medical advice, her employer had still 'considered her to be a man', she said. Chair of the EOC, which supported her case, said today that the issues raised during the investigation, as well as the outcome, highlighted the need got true equality in workplaces: 'This case highlights the need for employers to ensure that that they treat all their staff fairly including transsexuals. If problems do arise, it's important that a company has proper policies which are laid out and implemented so that everyone knows that harassment of any kind will not be tolerated,' said Mellor. The company issued a full apology to Persky stating that it acknowledged that mistakes had she took her decision to undergo gender reassignment: 'The company is committed to supporting Sharon's decision and will be more proactive in the future. The Company will be amending the company's Equal Opportunities policy to follow recommendations from the EOC to help to better support Sharon and any other employee in the future,' the apology stated.   Thursday 05 December 2002 Copyright HR Gateway Ltd 2002 Top


MEDIA WATCH
   
   [16]USA: Changing birth certificate gender varies state to state. 
   Only Ohio, Tennessee and Idaho prohibit switch
   Top
   
   From: "Mrs. Petra Henderson <petrahenderson@yahoo.com>" <petrahenderson@yahoo.com>
USA: Changing birth certificate gender varies state to state
   
--- In transgendernews@yahoogroups.com, 
http://groups.yahoo.com/group/transgendernews
tgnews_moderator <tgnews_moderator@y...> wrote:
Source: Washington Blade
Author: RHONDA SMITH
http://www.washingtonblade.com/national/021206birth.php3
Date: Dec. 6, 2002
   
A female-to-male transgender resident of Virginia recently won the right 
to obtain a revised birth certificate that reflects his new gender after 
state health officials initially rejected the man's request, and his 
tale is not unusual one for transgendered American, who face a sometimes 
confusing patchwork of state laws on the subject.
   
Lawyers at the Lambda Legal Defense & Education Fund's southern regional 
office in Atlanta threatened to sue officials in the Virginia Department 
of Health's Division of Vital Records on behalf of the unidentified man, 
who began his quest for a new birth certificate late last year.
   
"We were disappointed because here was someone who had followed the 
rules and qualified for the revised certificate," said Gregory Nevins, a 
Lambda Legal lawyer in Atlanta. "Procedurally, we had problems with 
their not honoring a court decree or recognizing that he did meet the 
standards set out in the statute and regulations."
   
Virginia law states that the state registrar can amend a person's birth 
certificate to reflect a change in gender "upon receipt of a certified 
copy of an order of a court of competent jurisdiction indicating that 
the sex of an individual has been changed by medical procedure."
   
State officials in Attorney General Jerry W. Kilgore's office confirmed 
their legal position on this matter, Nevins said, but also told him they 
would consider related evidence. It took about one month for both sides 
to reach an agreement.
   
"Any decision whether or not to grant a change of that kind is up to the 
state registrar," said Tim Murtaugh, a spokesperson for Kilgore's 
office. "The attorney general office's position is that the letter of 
the law must be followed."
   
Murtaugh said the reason the birth certificate change for the 
transgender man was not initially granted was that all of the necessary 
medical information was not brought to the state registrar's office.
   
Trina Lee, a spokesperson for the Virginia Health Department, said that 
agency could not comment on an individual case.
   
Nevins at Lambda Legal said Virginia officials told the transgender man 
that because he had not undergone a phalloplasty, an often-unsuccessful 
genital-reconstruction procedure to create a penis, he did not meet the 
state's legal requirement for changing his gender "by medical procedure."
   
As part of gender-reassignment surgery to transition from female to 
male, however, Lambda Legal officials said their client underwent a 
hysterectomy, a double mastectomy, and hormone therapy. The man also had 
requested and been granted a court order from a judge mandating that his 
birth certificate be changed to reflect his new gender.
   
Lambda Legal officials said Virginia law does not specify that a person 
must receive a phalloplasty to complete a gender reassignment, only that 
he undergo medical procedures.
   
"The attorney general's office did the responsible thing," Nevins said. 
"They abided by what they promised to, which was to evaluate the 
information we presented. Eventually, they came around to our position."
   
Hodgepodge of state laws
   
How such cases are handled varies based on a hodgepodge of laws and 
regulations that 47 states have implemented. The only U.S. states that 
refuse to amend birth certificates to change gender designations are 
Ohio, Tennessee and Idaho.
   
In Pennsylvania last month, the Associated Press reported that a judge 
told truck driver Daniel Gryphon MacNeal, who underwent 
gender-reassignment surgery last year, that the court would need to see 
blood test results before granting the man's request to change the sex 
listed on his birth certificate.
   
"Gender is based on the number of matched genes and chromosomes. Sex 
organs are secondary," said Bedford County Judge Thomas Ling. "I would 
have to be presented with a blood test showing the gender."
   
MacNeal and his attorney, Frederick Gieg, vowed to go to the 
Pennsylvania legislature to seek a law that would allow judges to make 
such changes on birth certificates.
   
MacNeal said he hopes to get married to a woman some day but cannot if 
his birth certificate still denotes his gender as female. He also noted 
the frustration caused when people notice that his driver's license says 
he is female but he looks like a male. He began hormone therapy 12 years 
ago and has a beard.
   
The Center for Lesbian & Gay Civil Rights in Philadelphia said MacNeal 
was seeking the change in the wrong venue.
   
"The court doesn't have the power to change the gender, but it can be 
done through the Pennsylvania Department of Vital Statistics," said 
Tiffany Palmer, legal director at the center. "Right now, it's addressed 
administratively rather than by law."
   
State of birth decides
   
Birth certificate amendments must be obtained from the state in which 
the person was born and often require a court order, Lambda Legal 
officials said. They suggested that transgender people who want to 
change their birth certificate contact their local health department or 
office of vital records.
   
How the amended certificate looks also can vary, Lambda Legal officials 
said. While some agencies will issue a new birth certificate, others 
will only modify the current certificate, and sometimes noticeably.
   
When transgender residents of one state move to another state, they can 
face another set of challenges because state laws and regulations 
addressing this issue vary.
   
Gwyneth Morgan, a transgender activist in Washington, D.C., said that if 
a transgender woman from California applied for a marriage license in 
Ohio, officials there could ignore her new birth certificate even though 
it denotes that she is a female.
   
"So my right of marriage is at risk, along with my right to privacy and 
my fundamental civil rights," she said.
   
Morgan, a California native, has a driver's license that reflects her 
gender as female. But because she has not undergone 
genital-reconstruction surgery, her birth certificate states that she is 
male.
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[17] AUSTRALIA: As sure as Bob's your cross-dressing aunty Top Date: Sun, 1 Dec 2002 From: Petra Henderson [mailto:petrahenderson@yahoo.com] via Claire Ashton" <claire@c-ashton.fsnet.co.uk> Sourcw--the Austrailian "The Age" December 2 2002 http://www.theage.com.au/articles/2002/12/01/1038712827548.html As sure as Bob's your cross-dressing aunty . . . December 2 2002 By Tim Harris At various points in its venerable history, male transvestism has been more noteworthy than it is today. In the 18th century, men who liked to wear dresses, wigs and make-up kept their interest very much to themselves. There was one such man, however, who got away with it quite spectacularly. In his lifetime, he was a spy, a soldier, a diplomat and a woman in the service of a king. Charles-Genevieve-Louis-Auguste-Andre-Timothee d'Eon de Beaumont, more conveniently known as the Chevalier d'Eon, was born in Burgundy in 1728. It has been suggested that his feminine second name was chosen because his mother wanted a girl. In his memoirs, d'Eon claimed to have been born female and raised as a boy, but his other five names support the biological fact that d'Eon was born male. In his childhood, it amused his mother to dress him as a girl. This appears to have amused d'Eon as well, as he was to spend a substantial part of his life in women's clothing. D'Eon excelled at school, and entered government service in 1749, where he wrote a treatise on state finance. Seven years later, after a spell as royal censor, he joined "The King's Secret" - Louis XV's personal spy network. Men disguising themselves as women is now the stuff of comedy, but d'Eon was able to carry it off. He was slightly built, and his ability to pass as female was first put to use on a mission to Empress Elizabeth I of Russia. As a woman, he was able to gain Elizabeth's private confidence, and advance Louis' political interests. After his successful gender-bending in Russia, d'Eon returned to more masculine pursuits, serving as Captain of Dragoons in the Seven Years War. He distinguished himself in action, was wounded, received the Cross of Saint Louis and was elevated to the rank of Chevalier. In 1763, Louis appointed him Plenipotentiary Minister to London, a cover for clandestine work as Louis' agent for a secret invasion plan. D'Eon enjoyed his position and spent lavishly, acquiring a large library and occasionally appearing publicly in women's clothes. An expert swordsman, he did not take ridicule lightly, and applied his fencing skills in several duels, which he fought in female dress. He remained in London until ordered back to France when Louis XV died in 1774. D'Eon was in debt, but also in possession of a lot of sensitive information, and demanded terms for its delivery to the new King, Louis XVI. By now, d'Eon's cross-dressing had become a habit, and one of his conditions was that the King recognise him as a woman. D'Eon was now something of an embarrassment. Rumours had spread that he was a woman or even a hermaphrodite, and large wagers were placed on his real gender. He had written a book that revealed diplomatic secrets, and his reputation made him rather too obvious for espionage work. With compromising documents in safe hands, Louis was happy to grant d'Eon's request, and made the drag act official by decreeing that he dressed as a woman for as long as he lived in France. With a comfortable pension and an extensive wardrobe, the Chevaliere (as he was now known) lived quietly on the family estate until 1785. He moved back to England where he continued to live as a woman, although to Horace Walpole "her hands and arms seem not to have participated of the change of sexes, but are fitter to carry a chair than a fan". James Boswell found "she appeared to me a man in woman's clothes". D'Eon had crossed gender lines so many times that everyone was thoroughly confused. D'Eon lost his pension when Louis XVI lost his head in the French Revolution. The Chevaliere sold off his library, then turned to supporting himself by giving fencing lessons and taking part in tournaments. He received a serious wound in 1796, and lived the rest of his life in genteel misery, dying in 1810. In order to settle outstanding wagers, it was insisted that a coroner determine the sex of the deceased. He confirmed that under his petticoats, d'Eon had always been male. Top

LEGAL ACTION [18]USA: Nebraska-- Court Rejects Increase in Damages to Mother of Brandon Teena Top --- In transgendernews@yahoogroups.com, tgnews_moderator <tgnews_moderator@y...> wrote: Source: AP Via: ABC News http://abcnews.go.com/wire/US/ap20021206_896.html Date: Dec. 6, 2002 Court Rejects Increase in Damages to Mother of Cross-Dresser Who Was Raped, Murdered LINCOLN, Neb. Dec. 6 -- The Nebraska Supreme Court on Friday rejected an attempt to increase the damage award to the mother of a cross-dressing woman whose murder was dramatized in the 1999 movie "Boys Don't Cry." Teena Brandon, 21, was posing as a man and using the alias Brandon Teena when two acquaintances, John Lotter and Marvin Nissen, learned her true gender. She told the local sheriff they had raped her, but they were not arrested. They murdered her and two other people about a week later. JoAnn Brandon initially asked for $350,000 in damages, claiming Richardson County Sheriff Charles Laux's indifference led to her daughter's murder. District Judge Orville Coady awarded JoAnn Brandon $17,360 in damages, ruling that Teena Brandon was partly responsible for her own death because of her lifestyle. In an opinion issued last year, the Nebraska Supreme Court said Laux was more concerned with Teena Brandon's sexuality than with keeping her safe after she reported being raped. According to last year's ruling, Laux showed indifference by referring to Teena Brandon as "it" and not immediately arresting the two suspects, who had threatened to kill her if she reported the rape. JoAnn Brandon was then awarded $98,223. On Friday, the high court upheld that award, recognizing Coady's determination that the relationship between Teena and JoAnn Brandon was strained. Brandon's attorney was not in his office and could not be reached for comment. A lawyer for Laux and Richardson County did not immediately return a call seeking comment. Lotter received three death sentences for the killings and is awaiting execution. Nissen testified against Lotter and was sentenced to life in prison. Neither was ever charged with rape. Laux is now a guard at the prison in Tecumseh where Lotter sits on Nebraska's death row. Top
[19]UK--West Yorkshire Police appeal over transsexual case Top From Brenda Lana Smith R.af D. BBC NEWS | England | Police appeal over trans... http://news.bbc.co.uk/1/hi/england/2543359.stm Wednesday, 4 December, 2002 West Yorkshire Police are to challenge a groundbreaking court decision which ruled it was wrong to ban a transsexual from the force. The woman was prevented from becoming a police constable on the grounds she could not carry out her full duties. But the Court of Appeal last month ruled West Yorkshire Police had acted illegally in banning her from joining. The force is now seeking leave to appeal to the House of Lords on the grounds the decision threatens the right of public bodies to make policy decisions. Chief constable Colin Cramphorn said: "Our concern in this case is not gender, it is the fact that the Court of Appeal reached a decision based on legal judgements brought after 1997. "This is a charter for hindsight. "If this ruling goes unchallenged then any decision made by a public body can be overturned by subsequent legal findings and the public body be held accountable. "It threatens the entire decision making process of every public institution." The judgement was in part based on a case heard in the European Court of Human Rights in July 2002 and applied retrospectively to the West Yorkshire case. First case The woman, known as Miss A during the court proceedings, had successfully completed a police assessment course. But her application to join West Yorkshire Police was rejected in 1997. She underwent sex change surgery in 1996 and now has no male characteristics. Essex and North Yorkshire each have serving transsexual police officers but this is the first case in which an existing transsexual has sought to become a police officer in England. -- See also: 05 Nov 02 | England Sex-change woman wins police case http://news.bbc.co.uk/1/hi/england/2405335.stm 12 Jul 02 | Archive Transsexual Rights http://news.bbc.co.uk/1/hi/programmes/newsnight/archive/2124905.stm 20 Jun 02 | England Transsexual loses birth certificate battle http://news.bbc.co.uk/1/hi/england/2055626.stm Internet links: West Yorkshire Police http://www.westyorkshire.police.uk/ European Court of Human Rights http://www.echr.coe.int/ The BBC is not responsible for the content of external internet sites © MMII

ARTS AND ENTERTAINMENT [20] New ZEALAND--Just the thing when life gets rocky Top From Brenda Lana Smith R.af D. New Zealand News - Dialogue - <i>Diana Wichte... http://www.nzherald.co.nz/storydisplay.cfm?storyID=3008272&thesection=news&t hesubsection=dialogue   Diana Wichtel: Just the thing when life gets rocky 07.12.2002 Back in the early 1970s, a New Zealander living in London and with time to kill decided that "dammit" could reasonably be rhymed with "Janet" and an international, interactive monster was born. I didn't catch up with The Rocky Horror Show until the mad mid-80s. Somehow it seemed like a good plan to pack up my partner and go cover for the Listener the cult happening that had grown up around midnight screenings of the movie version. The Rocky Horror Picture Show was playing and playing at the Hollywood, so it was off to deepest darkest Avondale, wearing garish makeup and sleazy clothes. I dressed up, too. In those days, the Rocky experience was still a bit risky. The partner nearly got his head punched in by some local boys who had clearly never heard of Dr Frank 'N' Furter and would not be wearing makeup anytime soon. At least not in public. "Don't dream it, be it" was never the easy path in life. Nevertheless, we and a packed theatre full of other degenerates had a great night. So I was curious to see how the stage version has stood the test of time. Was it really advisable to do the Time Warp again? Yes. And it really is time we made a place for Richard O'Brien in the pantheon of Great New Zealanders, somewhere between Sir Edmund Hillary and Lynn of Tawa. Who? Exactly. At least the expat genius and Rocky creator has had some local publicity lately, thanks to Auckland Theatre Company's rocking, joyous production of O'Brien's greatest hit. His only hit, really. But he certainly knocked the bastard off. The show's been a cult must-see for 30 years. And at heart, Rocky is a very New Zealand play. Transsexual transvestites, kinky sex, bad clothes, a cheerful singalong - what could be more Kiwi than that? As a personal tribute to O'Brien for taking the oxymoron out of the phrase "a fun night at the theatre", I'm sure I can dredge up nine reasons The Rocky Horror Show should edge at least one Roger Hall out of the admittedly short list of great New Zealand plays. (1) Not nearly enough of our playwrights turn up for opening night in drag. Roger Hall should try it. (2) Okay, O'Brien only lived in New Zealand for 12 years, but that sort of technicality doesn't stop us from claiming the far more embarrassing Russell Crowe, who has also been known to wear a skirt. (3) They were clearly formative years, spent fighting culture shock in flea pits, absorbing the language of B-grade schlock and the weirdness that lurks beneath the bland surface of Hamilton. In those days, even bad movies took six months to get here. We literally did live in a Time Warp. That catchy ditty could be our national anthem. Some would say New Zealand's relationship to the space-time continuum is still fairly tangential. Just as Brad and Janet only just escape Frank 'N' Furter's decadent lair, O'Brien just escaped being a real New Zealander. He began an agricultural course when he left school. Dairy farming's loss is a show business gain, and how often do you get the opportunity to say that? (Quite often, if you count the Topp Twins). (4) Rocky allowed Auckland Theatre Company to finish its 10th year with an enthusiastically simulated bang. So what if we couldn't hear some of the lyrics? The whole point of the Rocky experience is that you know them already. (5) Full credit to artistic director Simon Prast, who took time out from giving ungrateful local theatre critics a tongue-lashing to find a show that withstands even the most outrageous excesses of his directorial style. Rocky has apparently overtaken that other theatre company crowd-pleaser, The Vagina Monologues. "Vaginas and transvestites. What does that say about Auckland theatregoers?" Prast was overheard to muse the night we went. One hesitates to speculate. (6) Except to note that O'Brien tapped into a deep vein of camp that has always lurched its way through underground channels in the Kiwi psyche. Think about it. Diamond Lil, Hudson and Halls, Murray Mexted's rugby commentary ... Even new boys like Havoc (an excellent Eddie/Dr Scott in the production) and Newsboy play innocent, regressive homoeroticism for all its worth. So, for that matter, do Paul Holmes and Brian Edwards (is it me or is there something increasingly alarming about their badinage during Edwards' media comment slot on Holmes' breakfast show? This week they couldn't stop talking about frottage, and Holmes insisted that Edwards admire his upper body. In short, the country that produced yodeling lesbian twins who perform with milking equipment on their heads has to be Rocky's true spiritual home. (7) Because the show is ridiculously easy to cast here. Dammit, Janet, even Sir Robert Muldoon was once in it. (He played the narrator. I can't remember if he wore fishnets). Come to think of it, Helen Clark would make an excellent Frank 'N' Furter, and Bill English would be great as bewildered straight-arrow Brad, if the leader of the opposition thing continues not to work out. (8) Because O'Brien links us to that other musical horror, the Spice Girls' movie Spiceworld. (O'Brien played a paparazzo). Geri's outfits make Frank 'N' Furter look tasteful. (9) Because Rocky is still oddly relevant. You could see Janet and Brad's dilemma stranded in a seductive, bewildering new world - "Something different," as poet Allen Curnow once wrote, "something no one counted on" - as a metaphor for the existential dislocation of the colonial experience. Well, maybe not. But, like all the best camp products, Rocky looks dangerous but is ultimately harmless and good-hearted. In an increasingly dangerous world we can use as much of that as we can get. ©Copyright 2002, New Zealand Herald        Top
[21]THAILAND --This tootsie needs no saving Top From Brenda Lana Smith R.af D. Bangkok Post Wednesday 04 December 2002 - Thi... http://www.bangkokpost.com/en/Outlook/04Dec2002_out52.html Transsexual star of new movie is no damsel in distress; she has the heart of a fighter Story by ALONGKORN PARIVUDHIPHONGS Yolatee Khomkong has a look that even ``real'' women envy. With her demure yet affable manner, agreeable facial features, long, luxuriant tress and smooth fair skin, the 24-year-old, openly transsexual actress usually has no trouble ``passing''. Although that will be more difficult for her now that she's caught the public eye after appearing in the recently released Prang Chompoo (Saving Private Tootsie), her first movie role. The comic action flick has become the talk of the town because its cast includes a number of katoey (transvestites or effeminate men) and homosexuals, including make-up artist/model Ornapa Krisadee, openly gay academic Dr Seri Wongmontha and comedian Thongthong Mokjok. The movie is intended to make the point that gay and transgendered people deserve the same respect as other human beings. ``It's not one of those typical stories in which homosexual characters are portrayed in a grotesque or mocking fashion,'' said Yolatee, who is better known by her nickname, Som-o (pomelo). In the movie she plays Cherry, a TV/TS who finds herself in the middle of an armed conflict when her plane crashes on the Thai-Burmese border. She subsequently falls for a young ethnic-minority soldier before finally being rescued by Thai troops. Making the film was an unforgettable experience, she said, describing it as fun and hardship in equal measure. ``During the two-month shoot we all had to stay in the jungle and didn't have [much] time for personal grooming at all.'' And that must have been a real penance indeed. Apart from eating lots of fruit and vegetables, she says the secret to maintaining her looks is, well, moisturising lotion. ``I like to smear white cream on my body until it won't absorb any more. It's a bit like bathing myself with lotion,'' she said with a giggle, covering her mouth as she does so _ just like any well-bred young lady. ``Normally, it takes about 10 to 15 minutes, so I smear the lotion on as I dance around the room,'' said Yolatee, going on to reveal that she's managed to keep her weight pegged at 53 kilogrammes for years now. The director of Prang Chompoo, Kittikorn Liawsirikul, was anxious to make the rescue scenes in the movie as action-packed and realistic as possible. So Yolatee acquired lots of bruises from all the knocks and falls she got as she ran through the jungle set. All that she took in her stride, though. But one scene in particular did create some difficulties. ``I was asked to exchange punches with my co-star [Theeradanai Suwannahom] so I had to pose like a real boxer. For that scene I had to do a lot of takes,'' she recalled, smiling. She may sound lady-like but Yolatee has the heart of a fighter. Without a backwards look, she moved out of the family home at the age 17 because her parents couldn't accept her sexuality. ``Why do they have to think that being katoey is weird? Why should I change to someone I am not? Wouldn't that be even more weird?''. Yolatee is the fifth child born to a Thai-Chinese family in Nakhon Ratchasima. At her all-boys school, she was regarded as a good-mannered student and on several occasions was asked to dress up for school events, mostly in female attire. She won a most-popular-student award and was voted Nang Noppamas (beauty queen) during a school celebration of the Loy Krathong festival. ``Some of the boys liked to kiss me. Some even touched my butt. But back then I don't regard this as harassment; they were just joking around. I'd stick with my group and leave school right after class let out. So I didn't hang out with any other boys,'' she recalled. When her parents found out about her sexual preference, however, Yolatee was sent to study in Bangkok immediately after she'd graduated from Mathayom 3. The intention was to separate her from her gay friends. ``But it was even worse [in Bangkok] because I met more katoey friends there and learned how to put on make-up and dress up properly.'' After she'd turned 17, her parents summoned her home. Her father issued an ultimatum: If she didn't stop acting like a katoey, he would cut off all financial support. ``He said that if I wanted to continue as a katoey then I should stay out of his face.'' Leaving home without a second thought, she went to Pattaya to stay with a cousin, also a katoey, who was working in the transvestite shows put on at Tiffany. Yolatee was taken on as a dancer and because of her height (172 cms) and looks quickly attracted attention. After winning several awards at the beauty pageants put on every year at Tiffany, she was named first runner-up in the Miss Alcazar competition in 1996. Two years later she reached the apex for a TV/TS in Thailand, snatching the Miss Calypso title. Winning this was a great source of personal pride. ``It helped me gain more confidence and taught me how to lead my life in ways useful to society and the community,'' said Yolatee, now a senior student at Rajabhat Suan Dusit's Faculty of Communication Arts. Her CV to date includes a role in a music video for gay-themed song Pratheung, and a guest appearance on TV series Tham Fah Ha Rak (Ask the Skies for Love). Job offers have been flowing in since the release of Prang Chompoo. ``One film-maker asked me to play a lesbian. But that would be a difficult role for me; I'd have to kiss another woman, you see.'' Now that she's climbing the star ladder, her life _ and particularly her love life _ is increasingly under the spotlight. ``People see me as flirtatious and fickle. But in fact to survive in this business you need to be friendly and open-minded. I'm not looking for anyone special now. Why? [pauses] I still can't forget my first boyfriend. He was super nice.'' People tend to focus on Yolatee's appearance but she'd rather get compliments for her polite, lady-like behaviour. She is anxious to maintain a positive image in order to overcome public prejudice towards katoey. ``I don't want people to see me as a weirdo,'' she said. ``I don't think the value of a person should have anything to do with sexual orientation; it should be about inner beauty and having a good heart.'' © Copyright The Post Publishing Public Co., Ltd. 2002



  LETTERS TO THE EDITOR

Re: Driver's License

From Lisa Ann Estrine

In response to your story on the drivers license controversy in Colorado, in California you can get your license changed if your hormone doctor signs a form stating that you suffer gender identity syndrome. That is how I got my name changed and to get my drivers license. And, just so you will know, I was able to change my social security card to reflect my new identity. And after my SRS, I can also get my birth certificate changed, not an amendment, but a new document.

Lisa Ann Estrine.

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