Showing posts with label transgender. Show all posts
Showing posts with label transgender. Show all posts

Thursday, June 13, 2013

The Most Important Thing

Kelly, Nicole, Jonas and Wayne Maines, with GLAD attorneys Jennifer Levi and
Ben Klein, outside the Maine Law Court after oral argument June 12, 2013
“I hope [the justices] understand how important it is for students to be able to go to school and get an education, have fun, make friends and not have to worry about being bullied by students or the administration and to be accepted for who they are. That’s the most important thing.” - Nicole Maines
Not long into yesterday’s Maine Supreme Court arguments in our case Doe v. Clenchy, our client Nicole Maines leaned in a little closer to her mother, bringing her head to rest on Kelly Maines’ shoulder. 

It’s good to have a supportive and loving parent around when things get tough, and listening to a cadre of lawyers and judges debating the difficult, discriminatory experiences of your life and your rights as a transgender girl can make for a tough day for a 15-year-old. Her dad Wayne and her twin brother Jonas were also by her side at the arguments.

The family has stuck together and supported each other through the stress of more than four years of legal proceedings and media attention related to the discrimination Nicole experienced as a 5th grader at her Orono middle school, where administrators rescinded her access to the girls’ restroom after a male classmate followed her into the facility to make trouble. Nicole was forced to use a staff bathroom and separated from the other girls, in violation of Maine’s trans-inclusive non-discrimination law. The reversal forced Wayne and Kelly to withdraw their children from the Orono school system and move to another part of the state so they could attend school quietly and safely.

Friday, April 5, 2013

Broadening and Embracing the LGBT Family



David Wilson, together with his husband Rob Compton, was a plaintiff in GLAD’s 2003 case Goodridge v. Department of Public Health, which made Massachusetts the first state where same-sex couples could marry. Since that experience, he has committed his time and resources to the movement for LGBT equality, and particularly to working within the movement to increase outreach to people of color, combat institutional racism, and broaden and diversify who is embraced by and feels a part of the LGBT family.

And family is what it’s all about for David.  He was in Washington D.C. last week for the two days of Supreme Court arguments on marriage equality and the Defense of Marriage Act (DOMA). When we sat down to talk about that experience, however, he started with a different story, about his granddaughter.

David was a keynote speaker at the 2013 GLSEN Massachusetts Conference last weekend, and when his granddaughter Ruby, a high school student, learned about the engagement she not only asked to attend but wanted to speak. At the conference, she shared a story about a classmate who came out to her as transgender two years ago and how she immediately jumped into action as an ally, encouraging the student and asking what she could do to help him feel supported at school.   She was a key player in helping fellow students understand the transition and ensuring that they use the right pronouns and be respectful of his privacy.

Her awareness as an ally, David pointed out, stemmed from her upbringing in a family headed by a gay couple (between them, David and Rob have five adult children from prior marriages, and seven grandchildren) and absorbing the joys and difficulties that LGBT people face through the experiences of her own family. Years and years of LGBT people forming families, he said, has led to entire families – like his and Rob’s – that are standing up to share their stories and join the movement for LGBT equality.

David calls this phenomenon “broadening the diversity and inclusion of the team” -- expanding the LGBT family to better represent the diversity of our community and the diversity of our issues.  That’s precisely what was on his mind as he attended the Supreme Court arguments in the Windsor case, and when he spoke at a rally on the courthouse steps last week.

“I was there [in DC] to figure out how a ‘win’ will impact people on the ground, especially people of color, transgender people, people outside the movement, people who don’t feel the movement is for them,” David explained. “As a plaintiff in the first winning marriage case, I’ve had a lot of privilege.  How can I make sure I take the access I’ve had, and translate it to others?  I’ve been at the forefront of this fight. What about the people left out or left behind?”

His concern for “the people left out” was only heightened when he finally got into the courtroom to hear a portion of the Windsor DOMA argument after a lucky opening happened for the last thirty people who were expected to stay 3 to 5 minutes but actually stayed 15 minutes until the ending statements. Once inside, David found himself thinking, ‘Where’s the diversity in this room?’ To my mind, it wasn’t there. There was certainly diversity among the nine justices but it did not appear to be present  in the rest of the room.”

It was a marked contrast to the exuberant scene outside the Supreme Court doors, where a throng of LGBT protesters and various supporters of the freedom to marry gathered to make their voices heard. “The rally outside the Court was real,” said David. “The speakers, and the people gathered around were very excited, proud and connected.  It was a really diverse crowd.” 

“But then the people coming down the steps from the Court didn’t reflect the people at the rally,” he added. “And there I was, coming out of the Court feeling so proud but disconnected from the folks gathered at the bottom of the steps of the Supreme Court”

Prior to going into the court, David received a warm welcome when he stepped to the microphone at the rally. “I think the organizers and the people gathered were excited to see a man of color, someone with gray hair, someone who has had long range involvement in this movement,” said David. “I felt incredibly welcomed, appreciated and valued.”  Once the crowd recognized me as one of the earlier speakers, they were so happy and proud that I had been granted access as one of them.

He wants other members of the LGBT family to feel that same embrace, even if they feel the marriage movement doesn’t speak to them.  Justice Elena Kagan gave him a way to do that during the DOMA argument when she quoted a passage from the House Judiciary Committee’s report on DOMA, in which the committee concluded that by passing DOMA, “Congress decided to reflect and honor collective moral judgment and to express moral disapproval of homosexuality.”

That’s when it dawned on David that a win in Windsor would not just provide married same-sex couples with federal equality in marriage, it could also potentially strike a blow to the many other laws that have been enacted out of moral disapproval of LGBT lives, affecting a much broader swath of our community.

“When Justice Kagan read the morality piece I really understood,” said David. “I thought, okay, when I leave this room, leave Washington, what can I do to make this more real?  How can I show people that this will impact you, too?  How can I translate this to the Black Church, to seniors, to kids of color?"

"That’s what I’m thinking about now.”

Thursday, February 21, 2013

Calling All GLAD Alumni!

By Robbie Samuels, Senior Manager of Events and Donor Engagement

Did you intern, volunteer or work at Gay & Lesbian Advocates & Defenders sometime over the last 35 years? Thank you! You helped pave the way for GLAD to become the groundbreaking legal rights organization we are today.

Many of our earliest interns, staff and founding board members (e.g. Urvashi Vaid, Richard Burns and Cindy Rizzo) went on to become leaders in the LGBT movement. Which made me wonder – where are all of our alumni now?

Haven’t been in touch recently? Are you in the Boston area? Join us at our next GLADHour on Wednesday, February 27. Held three times a year, these happy hours for fans of LGBTQ equality are the perfect opportunity to reconnect with GLAD and meet some of our amazing supporters.

Wednesday, February 20, 2013

Know Your Rights: LGBTQ Youth Rights in the Child Welfare and Juvenile Justice Systems



by Bruce Bell, Legal InfoLine Manager

In a recent post, I focused on the rights that students, particularly public school students, have and the anti-discrimination laws that provide protection to youth as well as adults in employment, housing and public accommodations.

GLAD’s Youth Initiative is also working to make sure youth in the child welfare system or the juvenile justice system know their rights, and we are exploring ways to increase those protections. 

If your rights are being violated or you have questions about your rights, or if you work with LGBTQ youth in one of these areas and have questions, GLAD would like to hear from you.  Contact GLAD’s Legal InfoLine by email or live chat or call our toll-free number, 800-455-GLAD (4523).  A friendly volunteer will assist you—it’s free and confidential.

LGBTQ youth in the child welfare system have the right to safe and appropriate placements, free from discrimination or harassment based on sexual orientation or gender identity or expression, and have the right to:

Thursday, February 14, 2013

Happy Valentine's Day

New England has led the nation in affirming the love and commitment of same-sex couples and families.

From securing the rights of same-sex couples to adopt children, to elevating protections for civil unions, to celebrating groundbreaking marriage equality in Massachusetts 10 years ago this year - with Connecticut, Vermont, New Hampshire, Maine (and hopefully soon Rhode Island) following suit, GLAD is proud to be a part of ensuring that the love shared in LGBT families and relationships can thrive and flourish.

Take a look at some heart-warming New England love stories below, and have a happy Valentine’s Day!

Tuesday, January 29, 2013

We Are Family




A Creating Change Workshop Session with
LGBT Movement Leaders from China and Taiwan

Post by Laura Kiritsy, Manager of Public Education

It’s hard to know where to start when trying to wrap up my experience at this year’s Creating Change, the National Gay & Lesbian Task Force’s annual conference for LGBT activists and leaders, which took me, along with my colleagues Eva Boyce, Janson Wu and Robbie Samuels, to Atlanta last week. I’m still savoring memories of Krispy Kreme donuts, which were readily available in the Hilton Atlanta lobby. With all due respect to Dunkin’ Donuts, I’m still baffled by Krispy Kreme’s crash and burn in New England.

But I digress. Carb-laden confections certainly were not the best thing about this year’s Creating Change.

Thursday, January 17, 2013

Back to Beacon Hill for (Full) Transgender Equality


 Constituents waiting to talk to their legislators about co-sponsoring
"An Act Relative to Equal Access in Hospitals, Public Transportation, Nursing Homes, Supermarkets, Retail Establishments, and all other places open to the public"

Post by Laura Kiritsy, GLAD Manager of Public Education

I was at the State House today for the first time since the big, celebratory, ceremonial signing of the Transgender Equal Rights Bill almost exactly one year ago (my colleague Jennifer Levi wrote a nice reflection on that event for our blog). Given that, you may be surprised to hear that my trip to Beacon Hill today was for a Legislative Day of Action in support of a bill called “An Act Relative to Equal Access in Hospitals, Public Transportation, Nursing Homes, Supermarkets, Retail Establishments, and all other places open to the public.” The Equal Access Bill, as we call it, would add protections for transgender people in public accommodations to our state’s non-discrimination laws.

Tuesday, January 15, 2013

Know Your Rights: Transgender Rights in New England




We’ve come a good way towards establishing legal protections for transgender people in New England in the past several years. In 2011, both Connecticut and Massachusetts added gender identity to their anti-discrimination laws, joining Rhode Island (2001), Maine (2005) and Vermont (2007) in providing protections in employment, housing and credit, and, in all but Massachusetts, public accommodations (like restaurants, bars, parks, stores, hospitals, shelters, etc.).

Thursday, September 20, 2012

Plain and Simple: Making the Case for Fair Treatment of Trans Students



by Laura Kiritsy, Manager of Public Education

GLAD has litigated two cases in Bangor, Maine. The first was Bragdon v. Abbott, in which Senior Attorney Ben Klein represented a woman with HIV who was denied treatment by a dentist who had a written policy of refusing to treat anybody with HIV. Ben argued that case all the way to the U.S. Supreme Court, where he won a landmark victory in 1998 that established anti-discrimination protections for people with HIV under the Americans with Disabilities Act.

Fourteen years later, Ben and I drove the 440-mile round trip in his 2001 Honda Civic DX (with manual locks and windows) back and forth to Bangor so he could argue another important case, Doe v. Clenchy. GLAD is representing Susan Doe (a pseudonym), a transgender girl who had her education disrupted when the public school she attended did an “about face” by excluding her from the girls’ bathroom after a male student repeatedly harassed her. 

The hearing took place on Wednesday in Penobscot County Superior Court in downtown Bangor before Judge William R. Anderson. The day before his court appearance, Ben followed his standard argument preparation on our drive to Northern Maine. First, he lowered the volume of the Glee soundtrack and treated me to a preview of his argument on the drive up. It was nearly flawless, although I didn’t interrupt with umpteen questions, as judges often do. Then, after a sumptuous dinner at the local Longhorn Steakhouse, Ben retreated to his hotel room for a final review of his notes and a session of yoga and meditation. Meanwhile, I retreated to my room to eat a Snicker’s bar and watch a Civil War documentary.

At counsel table along with Ben were Jennifer Levi, the director of our Transgender Rights Project; John Gause, counsel for the Maine Human Rights Commission, which is also a party to the case, and Jodi Nofsinger, a Maine attorney who is also part of our litigation team. Susan, who is now a sophomore in high school, was seated close behind them, along with her very supportive mother and father.

To give some context for this case, Maine has a statewide law prohibiting discrimination against people based on gender identity and expression in all areas, including public education and public accommodations, plain and simple. To defend against what otherwise seems to be a cut and dry case of discrimination, the school has pointed to a Maine Human Rights Commission regulation that permits schools to have separate restrooms for boys and girls, a regulation the school interprets to mean it can ignore a student’s gender identity in that one instance.

Ben countered that the Commission’s regulation cannot override the state’s non-discrimination law, making his arguments quite thoroughly and forcefully, despite the anticipated barrage of questions from the judge. He made the case that the plain language of Maine’s non-discrimination law prohibits the school from denying a girl access to facilities that other girls use simply because she’s transgender. Lastly, he argued that the school violated the law because not only did it exclude Susan from the girls’ bathroom thereby treating her differently than all other girls, it forced her to use a separate facility thereby treating her differently than all other students. 

Ben was satisfied that the arguments “went as well as they could have,” as the judge really seemed to be wrestling with the issues presented in the case. That’s a common experience; our litigation frequently raises new and novel legal issues that judges are often encountering for the first time. Indeed, just as Judge Anderson is wrestling with the rights of transgender people, the judge in the Bragdon case wrestled with the issue of proper access to care for people living with HIV/ AIDS 14 years earlier. Now, it’s simply a no-brainer that people can’t be discriminated against in any setting because of their HIV/AIDS status. We’re working toward the day when treating transgender people equally and respectfully is also a no-brainer.

As with so many of our cases, we understand that the argument before Judge Anderson is just the first step in a long process that may potentially lead to a full trial, and ultimately a decision from the Maine Law Court, the state’s highest court. So now, we await a ruling.

Stay tuned.

Thursday, June 21, 2012

Fearless, Uncompromising and Creative Advocacy

Janson Wu with Sarah Remes at the ACS National Convention
GLAD Staff Attorney Janson Wu was named the 2012 recipient of the American Constitution Society’s David Carliner Public Interest Award, becoming the first LGBT-identified attorney to receive the honor.

The Carliner Award recognizes “outstanding mid-career public interest lawyers whose work best exemplifies its namesake’s legacy of fearless, uncompromising and creative advocacy on behalf of marginalized people.”

In her presentation of the award  at the ACS National Convention in Washington, D.C. last Saturday, David Carliner's granddaughter Sarah Remes pointed out the many parallels between Janson's work and that of her grandfather:

 Mr. Wu has been a powerful advocate for marriage equality. He led the legislative effort to secure marriage equality in New Hampshire at a time when others believed such a thing was impossible.

In his recommendation, Bishop Gene Robinson wrote, "I now have a husband, not just a 'friend' or partner, because of Janson Wu's efforts in our midst."

Mr. Wu has taken the fight into the courts, where he is a lead member of the team challenging the Defense of Marriage Act. He and his team recently achieved an enormous victory when the First Circuit became the first circuit court to rule that DOMA is unconstitutional.  It is appropriate that Mr. Wu is honored with this award in the name of the person who brought the first interracial marriage case to the Supreme Court in 1956.
 

Mr. Wu has been a leader for transgender rights. While working on the marriage equality bill in New Hampshire, he insisted that his coalition include the struggles of transgender people.  He led a litigation effort against Denny's in Maine, after the restaurant refused to allow a transgender customer to use the appropriate restroom. Not only did Mr. Wu secure a settlement for his client, but Denny's changed its policies to be welcoming and respectful of all transgender customers.

Mr. Wu also was a key member of a Maine coalition that protected transgender rights against a right-wing attempt to cut them from an anti-discrimination bill. He is the co-author of a chapter in a recently published book, Transgender Family Law: A Guide to EffectiveAdvocacy.

In 1965, my grandfather won the right of gay employees to work for the federal government, and Mr. Wu's work follows in those footsteps.


“I’m humbled to receive this award for doing work that I love, particularly fighting for transgender rights and marriage equality,” Janson says.  “I hope to honor David Carliner’s amazing legacy by fighting for the most disadvantaged and unpopular in our communities, because it’s the right thing to do.”

All of us here at GLAD congratulate Janson on this well-deserved recognition!

Monday, June 11, 2012

Sprinkling Seeds of Trans Equality and Other Tales from Netroots Nation


 Blogging for Transgender Equality panelists Dr. Jillian T. Weiss,
Jos Truitt, Monica Roberts, Autumn Sandeen and Jennifer Levi



It’s true – I chose to spend the Saturday of Boston Pride hanging out at GLAD’s booth in the Netroots Nation exhibition hall, and I liked it. Drag queens, Mardi Gras beads and block parties are great, but who can resist the opportunity to spend the day inside a hotel convention center gazing into the eyes of progressive bloggers from around the country as they peer at you over their open laptops? For me and my colleagues Amanda Johnston and Carisa Cunningham, the hottest ticket around last week was for Netroots Nation 2012 down in Providence, Rhode Island*.


The highlight, of course, was the GLAD-organized panel Blogging for Transgender Equality on Friday morning, the first trans-specific panel in Netroots Nation’s seven-year history. We had a great line-up of panelists: our Transgender Rights Project Director Jennifer Levi; and bloggers Autumn Sandeen, Jos Truitt, Monica Roberts and Jillian Weiss. Jillian was a most excellent moderator for the panel, which was well attended by a crowd that seemed as excited as we were that trans issues were being discussed at Netroots Nation. The discussion was wide ranging and nuanced. For instance, while Jos noted that the mainstream media’s coverage of the transgender community has improved overall, Monica lamented the lack of coverage of trans women of color and their accomplishments. Ultimately, said Jos, the trans community needs to guide the mainstream media to the stories of the community that need to be covered.

The Netroots website has a great page dedicated to our panel, featuring a complete video of the presentation and discussion, panelist bios, and a catalogue of some of the awesome Tweets from folks who attended. See what you missed here. And check out Amanda’s photos from the panel on Facebook (don’t forget to “like” and “share” – this is a social media conference, after all!). So exciting!

My favorite Tweet during the panel was this one, from Netroots conventioneer @nolanpack:
 
#NN12 Blogging for Transgender Equity - amazing panel! Learning so much!

Yay! That’s why we organized it.

Another great thing about Netroots was the opportunity to meet and hear from some of the community’s most influential bloggers and activists, particularly at the LGBT Connect, a daylong pre-conference that took place last Wednesday, courtesy of online activist guru Mike Rogers. The most interesting portion for me was a panel discussion that featured activists from Florida, Indiana, North Carolina and South Carolina discussing the successes and struggles of LGBT organizing in conservative states. It was an eye opening discussion, and a reminder that despite our community’s gains -- from the recent rulings striking down DOMA to the historic support we have from President Barack Obama -- that in many states LGBT people are still fighting for the most basic legal protections.

We wrapped it up with the LGBT caucus on Saturday morning. I didn’t expect great turnout after Friday night’s numerous festivities, especially since while I was at the coffee bar in the convention a hall, a woman talking on her cell phone noted that a discussion with New York Times columnist Paul Krugman that morning was poorly attended “because everyone’s hungover.” With all due respect to Mr. Krugman, the LGBT caucus was pretty crowded. We even got a visit from Maryland Senator Ben Cardin, a staunch LGBT supporter who addressed the crowd and took a bunch of caucus-goer questions. Given our recent victory in our Gill DOMA lawsuit (which, incidentally, Dahlia Lithwick raised in Friday afternoon’s Big Decisions panel as very likely to be taken up by the Supreme Court next session), I was heartened to hear Sen. Cardin tell the crowd, “I want to repeal DOMA. I want to get it done. Marriage equality is a basic right.”

A nice way to end my visit with the Netroots Nation, and this blog post.

*And anyway, we get another chance to celebrate Pride right there in Providence next weekend, when Rhode Island Pride honors our own attorney Karen Loewy for her years of advocacy in the state. Join us there!

Friday, June 8, 2012

Watch Live: Blogging for Transgender Equality Today at 10:30 a.m.

GLAD's Transgender Rights Project Director Jennifer Levi joins bloggers Monica Roberts, Autumn Sandeen, Jos Truitt and moderator Dr. Jillian T. Weiss for a look at the role of blogging and online advocacy in the movement for transgender equality.

This panel is part of the Netroots Nation 12 conference

You can watch the panel streamed live here starting at 10:30 a.m. EST

 

Monday, June 4, 2012

Putting the ‘T’ in NeTrooTs


 

Post by Jennifer L. Levi, GLAD's Transgender Rights Project Director, co-editor of Transgender Family Law and a panelist on Blogging for Transgender Equality at Netroots Nation

Those who know me well will be surprised to find me joining a panel of bloggers at Netroots Nation, an international gathering of progressive online activists. While I am an aspiring tweeter and regularly reflect on my work as director of GLAD’s Transgender Rights Project here at Equal Justice Under Law, GLAD’s home in the blogosphere, I do the majority of my advocacy on the ground – in the courtroom, at statehouses across New England, at the negotiating table, and in the offices of policy makers and opinion leaders.

That said, the internet has been a powerful organizing tool for the transgender community, and online activism has been central to advancing our movement for transgender equality.
 Nearly fifteen years ago, I struggled to find connection to the transgender community.  I had to fly halfway across the country to Houston, Texas, to attend the International Conference on Transgender Law and Employment Policy in order to meet like-minded transgender-identified attorneys.  The trip was well worth it.  There I connected with Phyllis Frye, Shannon Minter, and Stephen Whittle, among others, committed advocates who have done and continue to do foundational work to secure transgender equality.

Today, I can go online and chat with members of my community at the touch of a few keystrokes, learn about our movement’s victories and setbacks, and take immediate action to move the ball forward. I witnessed the power of this online community in 2007 with its swift and strong response to the stripping of gender identity protections from the federal Employment Non Discrimination Act (ENDA).  Within hours, literally hundreds of organizations and thousands of individuals stated their opposition; the bill was refiled in 2009 with the protections intact.
That’s why I’m excited that GLAD has organized Blogging for Transgender Equality: History, Challenges and Progress, the first trans-specific panel we're aware of to be hosted at Netroots Nation.
I’m even more excited about the expertise my co- panelists bring to the discussion scheduled for Friday, June 8 in Ballroom B at the Rhode Island Convention Center in Providence.

Dr. Jillian T. Weiss, a brilliant legal mind and the associate editor of The Bilerico Project, the web’s largest LGBT group blog, will moderate the panel. Activist Autumn Sandeen, who blogs about LGBT issues at the highly regarded Pam’s House Blend will also join us, along with the tireless Monica Roberts, who does some of the web’s most thorough coverage of the trans community on her blog TransGriot, and Jos Truit, an editor at Feministing.com, a community of young feminist activists, who blogs about trans issues.
We’ll be talking about the role of online activism in securing a place at the table for the transgender community, despite pervasive societal prejudice, and how transgender bloggers and activists can and have translated their online efforts into on the ground political and policy results, despite the political forces in opposition. We will also discuss why political allies should connect with transgender issues in their blogging and activism.
Our panelists will share examples of the powerful role this online community plays in moving rights forward, while also examining what is missing from the conversation.

You must be registered for the Netroots Nation conference to attend this panel in person. To register or for more information, visit www.netrootsnation.org/register/

If you can’t make it, we’ll be live tweeting the whole discussion, naturally. And it will be streamed live on the Netroots Nation website. Our panel is from 10:30 a.m. – 11:45 a.m.

Follow along at #NN12 #NN12LGBT

When
Friday, June 8, 2012
10:30 am · 11:45 am 

Where
Rhode Island Convention Center
1 Sabin Street
Providence, RI 02903

RSVP and help us spread the word on Facebook

Thursday, May 31, 2012

A Really Great Dad: Improving Legal Advocacy for Transgender Parents


Editor’s Note: June 1 is the 7th Annual Blogging for LGBT Families Day, a tradition aimed at showing support for our families in the blogosphere brought to you by Mombian.com, one of our favorite LGBT parenting blogs. Please enjoy our submission by Liz Monnin-Browder, a former GLAD attorney and co-editor of our groundbreaking new publication, Transgender Family Law: A Guide to Effective Advocacy.

It was a prime example of serendipity. A few weeks ago, on the day that I saw the book TransgenderFamily Law: A Guide to Effective Advocacy in print for the first time, I received an email from a soon-to-be new dad who is a transgender man. He emailed to ask me for advice about what he should do to safeguard his parental relationship with his unborn child.

He gave me permission to share part of his email for this blog post:

“I think that the potential exists for my wife’s family to challenge my parentage should anything happen to her. I have found a family law attorney with experience in gay and lesbian law, but, as far as I can tell, I will be her first trans client. I know that you worked on family law cases at GLAD, and I was wondering if you could direct me to any written resources with which I could provide this attorney.”

As a new parent myself (my daughter is 11 months old), I was struck that this soon-to-be new dad not only needed to figure out which brand of car seat to buy and how many diapers to stock up on, but that he also needed to prepare for the arrival of his baby by retaining legal counsel and searching for resources to educate his attorney.

And he is wise to do so. He is married to his wife, and they are bringing this baby into the world together as their child.

But if something happened to his wife, his parentage – the fact that he is this baby’s father – could be challenged. The outcome would depend on the relevant state’s law and the judge’s familiarity with transgender people and respect for the legitimacy of their family.

So he is already being a really great dad by seeking information about what to do now to protect his legal parent-child relationship with his baby, even before the baby’s birth.

This is just one story that illustrates why we need Transgender Family Law: A Guide to Effective Advocacy, the first book to comprehensively address family law issues for transgender people and their families. Each chapter – penned by experts from across the country – covers a different area of family law so transgender people and their attorneys can pick and choose to read the parts that apply to their situation. There are also useful sample documents in the appendix. We intended for it to be a practical, user-friendly resource.  I was so grateful to have this resource to share with the soon-to-be new dad for him to provide to his attorney.

Please join us in spreading the word about this book. We want as many transgender people and as many family law and estate-planning attorneys as possible to know about this resource. We want more families to be able to protect their families without ever having to go to court, and we want more families to achieve positive outcomes in the courts so that we can change the course of bad case law and make more good case law for transgender people and their families. 


Monday, January 23, 2012

Ice Skating vs. Civics Lesson: A Tale of Two Field Trips

Check out this great post by Jennifer Levi, GLAD's Transgender Rights Project director.

For some reason, I felt compelled to bring my kids to the governor’s ceremonial signing of the Transgender Equal Rights Bill last Thursday. They patiently (well, pretty patiently) listened to nearly an hour of speeches by legislators, officials, and advocates. That afternoon, I took them ice skating at Frog Pond on the Boston Common. On the ride home that night, I asked them what they thought of the day, imagining they might say something enthusiastic about Governor Deval Patrick giving them a pen after signing the bill. Maybe I thought one of them would say that it was cool to be in the State House or to get to shake Attorney General Martha Coakley’s hand. Instead, my daughter said that the signing was boring. My son said the best part of the day was ice skating.


Their responses really came as no surprise to me. I knew ahead of time that the ceremony would be a bit long for their attention spans, that they would not really be able to understand all that was said, and that their motivation for choosing to go (they did have a choice) might largely have been about getting the day off from school to take a trip to Boston. Still, I felt compelled to bring them and I finally think I know why.


A couple of weeks before the signing, I got an e-mail from a client (and now friend) who is the caretaker of her 6-year-old grandchild (who I’ll call Susan, not her real name, in order to protect her privacy). I’ve had the great fortune to be able to advocate for this family as Susan started school, working with a public school system that presumed transgender children do not exist. Together we explained that this child’s school records need to reflect her female gender identity and not her male assigned birth sex. Together we explained to the school the importance of this child consistently being referred to as a girl including by using her taken (now legal) name and female pronouns. And sometime in the future, I imagine, we may need to convince the school that no matter who knows that this child is transgender and whatever the reaction from other parents, kids, or people in the community, the school’s obligation is to ensure that this child has the same educational opportunities as all the other children and that means providing unwavering support for her as the girl that she is.


In her e-mail, Susan’s grandmother said that she wanted to bring Susan to the signing. “It’s an important event in her life and I want her to witness it,” she explained. I understood immediately the importance of the event and responded that I, too, was planning to bring my kids. Part of my motivation was for them to see the culmination of years of my work, work that sometimes drew me away from them on weekends and evenings after which they would ask where I was and why I was not home.


But that was only part of it. I also wanted them to hear from our governor about the importance of this new law and see him put his signature affirming the language of this law, the drafting into which I had put much time and energy. At the ceremony itself, it became even clearer to me why I had brought my kids. Representative Rushing, with unmatched poignancy explained in his remarks that this new law does not create rights. As he said to a crowded room packed with transgender people, our allies and family members, “You were born with th[e]se rights.” This law, he explained, “protect[s] and acknowledge[s] those rights. That is what we are celebrating today.” He went on to say that “we should not forget the time when we did not acknowledge those rights and your humanity,” and for that “we are incredibly sorry.”


This new law cannot change history. It will not restore the losses the community has suffered because of discrimination. It will not redress the indignities transgender people have faced in housing, employment, education, and beyond. And, as we all know, it is not perfect. Even as it includes protections for education, employment, and housing, and against hate crimes, it leaves out key protections in the context of public accommodations.


Notwithstanding, the new law provides hope and promise for the future. It sends a strong message to our transgender children as well as to those who are not transgender that transgender people matter in the eyes of the law. Nobody should be deprived an education, a job, or housing because of others misperceptions about who we are as men and women, boys and girls. And that’s a great start. It does not fix the past but it bodes well for the future.


The ceremonial signing of the law that hopefully triggers a change in action and attitudes and creates a promise for a more hopeful future is something I wanted my children to witness. Even if the event was eclipsed, in their eyes, by the excitement of ice skating on Frog Pond, I’m glad I brought them.