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Posts Tagged ‘transexual’

Contact:
Jen Richards
Co-Director, The Trans 100
jen@thetrans100.com

 ABIGAIL JENSEN FROM TUSCON, ARIZONA ANNOUNCED TO THE FIRST EVER ‘TRANS 100’ LIST

We Happy Trans, This is H.O.W., Chicago House and GLAAD Announce Inaugural List Focused on Positive Work Being Accomplished by Trans People Nationwide

 April 9, 2013 – Today, Abigail (Abby) Jensen of Tucson, Arizona was announced as an honoree of the Trans 100, an inaugural overview of the breadth and diversity of work being done in, by, and for the transgender community across the United States. The 2013 Trans 100 list, created by We Happy Trans, a website that celebrates the positive experiences of transgender people, and This is H.O.W., a Phoenix based nonprofit organization dedicated to the betterment of the lives of trans people, was presented at an event sponsored by Chicago House, GLAAD, the Pierce Family Foundation, Orbitz.com, and KOKUMOMEDIA. The first effort of its kind, the list intends to shift the coverage of trans issues by focusing on the positive work being accomplished, and providing visibility to those typically underrepresented.

For a full list of the 2013 Trans 100 visit www.WeHappyTrans.com, or www.facebook.com/Trans100.

Abby is a transgender woman, experienced attorney and activist. Currently, she is closely involved in fighting bills introduced in Arizona this year that would not just override some of the limited protections for trans people available in Tucson, Phoenix and Flagstaff, but go beyond that to actively encourage discrimination and harassment of trans and other gender nonconforming people in Arizona. You can often find her posting about current social justice issues on Facebook and on Twitter @Arizona_Abby.

Asked about her selection, Abby said, “I am honored to appear on the Trans 100 list with so many amazing and creative people, all of whom are working to better the lives of our community. I look forward to renewing my friendships and working relationships with those I already know and getting to know those I have yet to meet.”

The list began as an idea by This Is H.O.W. Executive Director Toni D’Orsay, and was then developed in partnership with Jen Richards of We Happy Trans. The project received over 500 nominations in December 2012, with over 360 individuals recommended for inclusion.

A launch event for the Trans 100 list took place at Mayne Stage in Chicago on International Transgender Day of Visibility, a day which aims to bring attention to the accomplishments of transgender people around the world.

“The only sustainable self-interest is that which extends the sense of self to include the whole,” said Jen Richards at the Trans 100 launch event. “Look around: women, men, people of color, genderqueer kids, crossdressers, showgirls, sex workers, academics, activists, artists, and allies. We are all one community.”

“The value of the work that is represented by the 100 people on this list is immeasurable,” said Executive Director of This Is H.O.W., Antonia D’orsay, about the Trans 100. “These people demonstrate the diversity, the determination, and the incredible triumph of spirit that informs all trans people, no matter where they are. This is just a glimpse of what trans people can accomplish.”

“The Trans 100 will bring much-needed visibility to the critical, grassroots work that trans people have been doing in communities across the country for years,” said GLAAD’s Wilson Cruz. “While media coverage so often misses the mark on accurate portrayals of trans people, the Trans 100 is changing the game by sharing the inspiring and diverse stories behind trans advocacy.”

KOKUMO, an artist, activist, and African American transgender woman, hosted the event. Two accomplished transgender musicians – folk-rock songwriter Namoli Brennet, and singer Joe Stevens of the West Coast-based Folk/Roots group Coyote Grace – gave live performances.

Jen Richards partnered with Chicago House and KOKUMOMEDIA to produce Chicago’s Trans 100 launch event. GLAAD served as Inaugural Sponsor, with additional support from the Pierce Family Foundation, Orbitz.com, Progress Printing, and Dr. Graphx. Both Chicago House’s TransLife Project and This is H.O.W. provide direct services to transgender people experiencing homelessness, unemployment, violence, health disparities, and HIV infection. KOKUMOMEDIA uses film, music, and literature to provide to create and generate realistic depictions of transgender, gender non-conforming, and intersex (TGI) people of color.

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About We Happy Trans: WeHappyTrans.com was launched in early in 2012 in response to the lack of positive depictions of trans people in the media, and the absence of an online space that focused on the positive aspects of the trans experience. For more information, please visit www.wehappytrans.com or connect with We Happy Trans on Facebook.

About This is H.O.W.: This Is H.O.W. Inc. is a 501c(3) non-profit organization dedicated to the betterment of the lives of Trans (transsexual, transgender, and gender variant) persons experiencing crisis situations such as homelessness, substance abuse, familial abuse, and transition related difficulties. For more information, please visit www.thisishow.org or connect with This is H.O.W. on Facebook and Twitter.

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Over on Bilerico, Karen Ocamp shared her take on President Barack Obama’s speech at HRC’s annual dinner last night.  I don’t go for name calling (Karen says Obama is a “sissy”), but I share her disppaontment at Obama’s failure to use the power of his office to put action to his words, to demonstrate there is more to him than rousing speeches and inspiring words.  Here’s my dream of what Obama could have said to show that “Yes, We Can!” is more than just a slogan to win votes and volunteers, which I left as a comment on Karen’s essay:

I was very disappointed in Obama’s speech. I don’t think it would have been much more of a risk, politically, for him to have said, “Tonight, I call on Congress, on Speaker Nancy Pelosi and Majority Leader Harry Reid, to start making my vision for America a reality by passing ENDA and delivering it to my desk to be signed into law.” Or to say, “Today, I signed an executive order telling the United States military to stop spending your tax dollars on investigating and discharging dedicated Americans who have volunteered to serve our Nation simply because of who they are. Our county cannot afford to lose those soldiers, sailors, air men and women and others. But, more importantly, I signed that Order because it is the right thing to do. And, now, it is time for Congress and the rest of America to do the right thing too. We can no longer stand on the sidelines and watch as Americans are denied the promise of equality that this great Nation has stood for for more than 200 years simply because of who they are, and who they love.”

But, then, I’ve always been a dreamer. It’s hard to maintain that hope, however, in the face of continued disappointment.

As Rep. John Lewis, who marched with Martin Luther King, Jr., said on the floor of the House during the debate over a trans inclusive ENDA in November 2007, “It is always the right time to do the right thing.”  Mr. President, the time is NOW!

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Perhaps, someday, I will have the time to write a proper blog on this topic. For now, however, I simply want to record (for my own future use, and that of my friends) various internet discussions on the the use of the terms “cisgender” and “cissexual” and the issue of cis privilege. I have encountered these discussions over the last few days as I explored these topics in response to the controversy that erupted on Pam’s House Blend, when one cisgender male objected to being informed that’s who/what he is because it hurt his feelings to have his position of privilege as a cis person (i.e., one who doesn’t have to endure the challenges, not to mention the harassment, discrimination and other oppression, that those of us whose gender identity differs from the biological sex to which we were assigned at birth, i.e., trans folks, experience on a regular basis) pointed out to him. I suspect I’ll revise and add to this list as time goes on.

The posts where this controversy arose on PHB:

http://www.pamshouseblend.com/diary/11728/aravosis-needs-to-issue-his-own-apology-to-trans-people-before-1st-citing-tgs-on-lgbt-civil-rights

http://www.pamshouseblend.com/diary/11753/

The resulting discussion on Questioning Transphobia, which contains links to several other relevant discussions: http://questioningtransphobia.wordpress.com/2009/06/29/cis-is-hostile-terminology-really/

Julia Serano’s blog post on the origins, of these terms and her use of them in her book, Whipping Girl: http://juliaserano.livejournal.com/14700.html

Some discussions prompted by the above discussion on QT:
http://www.xoros.net/2009/06/30/cis/
http://queersubversion.blogspot.com/2009/06/cisgender-privilege.html
http://tgnotwhatyouthink.blogspot.com/2009/07/counteroffensive.html
http://mythcongeniality.blogspot.com/2009/07/in-margins.html

An earlier discussion on QT explaining why every cis person should “check [her/his] cis privilege” before getting all huffy after being told s/he *is* cisgender and/or cissexual and, consequently, is speaking from a place of cis privilege: http://questioningtransphobia.wordpress.com/how-to-check-your-cis-privilege/

A simple explanation of the meaning of “cis”: http://smashthecisarchy.wordpress.com/2009/04/23/trans-101-what-is-cis/

An interesting and informative post that explains why I will hereafter ensure that I always say “trans woman” and “trans man,” not “transwoman” and “transman,” which ties into the discussion of cisgender, cissexual and cis privilege: http://takesupspace.wordpress.com/2008/10/15/put-the-goddamn-space-in-transwoman-transfeminism-transmasculine-etc-language-politics-1/

UPDATED with links to some additional discussions that have recently arisen.

UPDATE, 7/13/09
A cis woman’s take on being cis – http://jadedhippy.blogspot.com/2009/07/hey-guess-what-im-still-cisgender.html
Continuing discussion on Questioning Transphobia – http://questioningtransphobia.wordpress.com/2009/07/04/a-point-about-cis/

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Attorney and law professor Jillian Weiss has posted another interesting article over on Bilerico.  This one concerns the U.S. Supreme Court’s 2003 decision in Lawrence v. Texas, which held that laws making sex between consenting adults of the same sex a crime (aka “sodomy” laws) are unconstitutional, and whether and how that decision can be used to, in her words, “loosen the chokehold that the law has on transgender people.”  One of the commenters there asked if she could write another article on the definition of “sex” in Title VII and EEO policies banning “sex” discrimination, as applied to trans people.  Rather than wait for Dr. Weiss’ response, I decided to weigh in on this topic.  Here is my response:

E.T., I’ll take a stab at responding to your second question regarding the definition of “sex.”

It’s important to distinguish 2 different situations in which the legal definition of the word “sex” impacts trans people: first, laws that ban discrimination on the basis of sex in employment, housing, public accommodations, etc.; and second, the right of trans people to access legal privileges, e.g., marriage (in most states), that are restricted on the basis of a person’s sex. The second group could also encompass the right of trans people to use services or facilities, e.g., public restrooms, access to which is restricted on the basis of a person’s sex. (I say “could encompass” since, in most places, contrary to public opinion, there are no laws that say a man can’t use a women’s restroom, or vice versa. In other words, sex segregation of restrooms is largely a matter of social convention, not law, although trespassing and disturbing the peace laws are sometimes used (unjustly, in my opinion) to enforce those conventions.)

Where access to a legal privilege, service or facility is restricted based on sex, determining a trans person’s right of access requires a determination of what “sex” the person is, since sex-based segregation is based on a strict binary division between male or female, where no ambiguity is allowed. Answering that question, in turn, raises myriad complicated questions regarding how a person’s sex is determined. For example, is it strictly biological or chromosomal, or does it include a person’s gender identity or expression? If biological, do we look only at the configuration of the person’s genitals or genes at birth, or do we, also or instead, give effect to the person’s genital configuration after surgery? Can a person’s sex be legally changed? And what do we do about intersex people whose chromosomes, genitalia, internal organs, etc. are not clearly male or female?

Most, but not all, of the cases addressing this question in the context of the right of a trans person to marry have ignored the effects of surgery and attempts to “legally” change the person’s sex by amending her/his birth certificate. In other words, they were decided based on the basic premise espoused by many of our opponents that “once a man, always a man,” and vice versa.

Fortunately, most, but not all, of the recent cases involving the definition of “sex” for purposes of determining a trans person’s right to protection under laws banning sex discrimination have avoided this difficulty. They do so by saying that it doesn’t matter what sex a person is, i.e., whether the person is male, female, both or neither. Instead, what matters is whether the person was treated differently because of some sex-related characteristic. This trend started with the U.S. Supreme Court’s decision in Price Waterhouse v. Hopkins in 1988. In that case, the court said that discrimination based on sex under Title VII, the federal law banning sex, race and other types of discrimination in employment, includes being treated differently because the person doesn’t conform to sex-based stereotypes regarding dress, mannerisms, etc. Thus, the Supreme Court held that it was illegal for Price Waterhouse to refuse to make Ann Hopkins a partner basically because she was too “butch.” (The court, of course, didn’t use that term and there is no indication that I know of that Ms. Hopkins was lesbian.)

This trend, IMO, reached its logical endpoint with last fall’s federal trial court decision in Diane Schroer’s Title VII sex discrimination suit against the Library of Congress. Schroer v. Billington. In that case, the court found that the Library violated Title VII by discriminating against Schroer because she was changing her sex, not because she was male, female, both or neither.

Thus, in the context of discrimination laws or policies that you were talking about, it isn’t necessary to define a person’s sex as male or female, etc. It is only necessary to tackle that question when the trans person is seeking access to a legal privilege like marriage, or a service or facility, like a restroom, where access is restricted based on whether the person is male or female. The lack of a coherent and consistent definition of a person’s sex and/or methods for legally changing one’s sex that are actually recognized by the courts are the source of most, if not, all, of the ongoing confusion regarding the rights of trans people.

In the case of marriage, I think the best solution to that confusion is to remove all sex or gender based restrictions, in other words, to legalize same sex marriage. That’s why the battle for marriage equality is important to the trans community, contrary to the opinions of some. With respect to access to restrooms and other sex-segregated facilities, I think the best solution is to provide for personal privacy, e.g., the stalls in women’s restrooms, and allow access based on the person’s gender expression. In other words, if you’re presenting as a woman, you use a women’s restroom, and vice versa, regardless of your physical sex. Any other solution quickly becomes too complex and confusing to administer and enforce. Implementing that solution will, however, require the American public to just “get over” their hang-ups about the sex or gender of the person in the stall next to them.

UPDATE

Some of you may also be interested in this post from last year on how laws that ban sex discrimination in access to public accommodations relate to the right of trans people to public restrooms.

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The discussion on various Yahoo groups that I belong to regarding the impact of the same-sex marriage bans just enacted in Arizona, California and Florida on marriages involving one or more transgender partner continues. I’ve previously posted about those issues here and here.  This is my most recent addition to that discussion:

I agree with the basics of your description [of the law concerning marriages in which one partner is trans], but want to clarify that what happens in most of these cases is that the couple is able to get a marriage license and marry simply because they appear to be a typical male/female couple. Thus, although they are allowed to marry, they are “legally” married only in the sense that no one has challenged it yet. Many couples involving a trans partner may marry, live out their lives and die without anyone ever challenging the validity of their marriage, and thus escape the uncertainty I’ve been talking about. But there’s no way to predict which couples will be that fortunate and which ones will face the horror of being told years later that they were never legally married.

As for the “trans lesbian” who married her partner that you mentioned, I assume that you are referring to cases where a MTF transsexual marries a cisgender female, before the trans partner has changed her name or sex marker on any of her identification documents. I know of several such cases. Again, as long as the couple appears to be a male/female couple to whatever clerk issues the marriage license and to whatever judge or other authority marries them, their marriage is treated as a legal, opposite-sex marriage, but may, or may not, in fact be legal if it is ever challenged.

The basic rule is that a marriage that was legal when and where it was entered into continues to be valid until dissolved by divorce. The federal Defense of Marriage Act (DOMA), however, makes an exception to that rule for same-sex marriages by allowing states where such marriages are banned to refuse to recognize a legal same-sex marriage entered into in another state or country. DOMA should not apply, however, to a marriage between a trans woman who was legally male at the time and a cisgender female since, at the time it is entered into, it is a legal opposite-sex marriage. The same applies to a trans man who is legally female at the time he marries a cisgender male. Such marriages should, therefore, be safe from challenge even after the trans partner legally changes her/his name and sex. A marriage between a man and woman, one of whom realizes that she/he is trans after the marriage and then transitions, should also be legal, since the only difference between that situation and the ones I just discussed is simply a matter of timing.

BUT, and this is a big “but,” I know of no cases anywhere addressing whether a marriage in which one partner transitions after marriage continues to be valid. Everything I know says it should be, but stranger things have happened, especially when it comes to trans people.

Finally, just to clarify, the majority of courts that have faced the issue have said that a marriage between a trans woman (i.e., an MTF transsexual) who is “legally” female at the time of marriage and a cisgender man (or vice versa) is INVALID as an illegal, same-sex marriage, despite any change in identification documents, birth certificates, or whatever.

The bottom line is to get married before the trans partner has legally changed her/his sex if you can. If not, once married, see an attorney to draft wills, medical directives, child adoptions, etc. to legally create as many of the benefits of marriage as possible, in case the marriage is declared invalid at some future date. (In fact, it wouldn’t be a bad idea to do those things even when the couple marries while they are still legally of different sexes, just in case.) In other words, do the exact same things that other “same-sex” couples have to do to create the semblance of a legally recognized marriage. That’s why marriage equality is just as much an issue for trans people as it is for gays, lesbians and bisexuals.

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I have participated in the Arizona Transgender Alliance (AZTA) since its inception. Like any organization, it has struggled to define itself and its purposes in a way that unites, rather than divides, us. Nonetheless, it continues because people see a need to join together. One of AZTA’s current projects is to produce a calendar with photos and biographies of trans women and men to help educate the public about who we are. I volunteered to participate and wanted to share here the biography I submitted because I think it expresses some of the most important aspects of my transition and who I am today. This is what I said:

I was 52 years old before I first began to accept what I had always known: that I’ve always wanted to live my life as a woman, because that is who I am. That moment was one of revelation, but not one of surprise. It was a moment of calmness and gentle peace. It was a moment when I simply realized, “oh, yes, that is what I want.” A month later, I began taking estrogen and I’ve never looked back. Each step along the way, I tested whether I was on the right path for me by asking, “is this bringing me peace or anxiety, love or fear?” And each time, the answer was always the same: “this is right for me because this is who I am.” There were, of course, many moments when I felt scared. In those moments, I simply waited to see if the fear would pass. When it did, I continued forward. Because of that process, when I finally decided it was time to transition, I was ready. My confidence in my decision was unshakable. It is that confidence that has allowed me to live my life as a woman with a calmness and comfort with who I am that others see and that helps them to accept me as who I know myself to be.

When I transitioned, I feared those moments when people would learn that I am transgender. Much to my surprise, however, after transition, I have found that I am much more comfortable when people know about my history. My transition was part of a lifelong search for wholeness and integrity, so situations where fear leads me to believe that I need to deny or hide who I am tempt me to violate my sense of wholeness, of personal integrity. The pain of that violation is much more powerful than any fear of what people may think or how they might react. Consequently, I stay true to myself and am “out” in virtually all parts of my life.

Together, my comfort in who I am, and the pain I feel when any of us suffer because of the bigotry and hate of those who feel threatened by who we are have led me to be an advocate whenever and wherever I can. That takes many forms, from standing before the Scottsdale City Council arguing for the passage of ordinances banning discrimination on the basis of gender identity and expression to proudly becoming, as far as I know, the first attorney to ever appear before the Arizona Supreme Court as both a man and a woman (and in the same year!). But mostly it takes the form of simply being who I am, a woman of integrity and grace who lives in peace with herself, allowing others to see and learn about who I am and, in that process, to see that trans people are no threat to them and thus build tolerance and acceptance of who we are. Today I am proud to be transgender and grateful for each opportunity I get to show the world who I am and, hopefully, change the world one heart, and one mind, at a time.

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After I graduated from high school, I left Idaho for Stanford University.  I was a student there from 1971-1975.  In many ways, those were some of the best years of my life.  Stanford was the first place where I experienced what it’s like to be part of a community, to have friends who truly care about me.  At the same time, I also was very depressed during much of my time there, isolating myself from the very friends who I knew could most help me out of that dark place.  Although mostly repressed, my gender dysphoria was still present during those years, revealing itself to me, but never to others, in various ways during those years.

I’ve stayed connected with several friends from my freshman dorm (*waves to Pam, Kevin, Rob, Bruce, Anne, Jon and Hilarie*), but I’ve only been back to the campus a few times since I graduated.  Before I transitioned last year, I wanted my friends to know about me, so I sent an email to dorm buddies telling them about my plans.  In response, I received unconditional support from them all, for which I count myself very fortunate.  Although there have been questions, the support and love has continued just as it did before.

Stanford is very diligent about maintaining contact with its alumni, so I still receive Stanford Magazine regularly, and I always read the “Class Notes” section for news of my friends and classmates.  Every month after my transition, I would wonder about somehow announcing my transition and change of name there.  Until a few months ago, however, I never knew quite how to go about it and the time never felt quite right.

Then, in the May/June issue this year, there was an article about the support given to transgender students on campus and the addition of “gender identity” to Stanford’s nondiscrimination policy.  Seeing that article, I knew that it was time to share my transition.  Before that article, I had never seen the word “transgender” mentioned in any official Stanford publication, nor had I ever read of any other transition in the Class Notes.  But I wanted both current students, and my classmates, to know that it’s OK to be trans and that, wherever they are, they’re not alone.  Thus, not long after that article appeared, I contacted the “class correspondent” for the Stanford Class of 1975 and shared my story.  The result is this addition to our “Class Notes” in the November/December issue of Stanford Magazine:

Following up on the article on transgender students in the May/June issue of Stanford, one of our classmates was inspired to share her story. Abby [Abigail] Louise Jensen writes, “While I was at Stanford and until last year, my name was Sherman Jensen. On May 10, 2007, I legally changed my name. Four days later, I transitioned, finally and forever, to live as a woman. It’s the best decision I ever made for myself and has brought me more peace and joy than I have ever experienced.

“After graduation, I worked fighting forest fires for the U.S. Forest Service and as a civil rights investigator for the Idaho Human Rights Commission; received a law degree from Boalt Hall Law School (Class of 1982); worked 12 years in Seattle as an associate and partner at Garvey, Schubert & Barer, along with Soto dormmate Rob Spitzer; had three beautiful daughters; got divorced and moved to Prescott, Ariz. Since 1997, I have worked as a sole practitioner doing criminal appeals and state post-conviction proceedings as court-appointed counsel for indigent criminal defendants, where I’ve had some success in changing the law of Arizona to be fairer for all.

“At Stanford, I did my best to suppress any thoughts of who I knew myself to be, even then. Nonetheless, I remember distinctly one afternoon spent hiding among the shelves in Meyer Library looking at books containing pictures of genital reassignment surgery. I suspect that’s not an experience that many of our classmates share. Beginning in 2005, the gender dysphoria that I struggled with since I was very young began to assert itself, leading to my transition last year to living the rest of my life as a woman. I have been fortunate to have escaped the harassment and discrimination that many who follow this path experience. In particular, I am grateful for the loving support I have received from the other Soto dormmates with whom I’ve stayed in contact: Pam Franks, Anne Watson, Kevin Wright Enright, Hilarie Hathaway Pierce, MA ’75, Jon Levin, ’76, and Bruce Williams, as well as Rob Spitzer.

“As my transition progressed, as well as my increasing interest in civil rights issues, I have become involved in advocating for fair treatment of LGBT people. In December 2007, I appeared before the Scottsdale, Ariz., City Council and spoke on behalf of the Arizona Transgender Alliance in support of proposed city ordinances banning discrimination on the basis of sexual orientation and gender identity. That night, Scottsdale became only the fourth Arizona city (after Tucson, Tempe and Phoenix) to enact a ban on such discrimination in city employment. In addition, to the best of my knowledge, last year, I became the first attorney to argue before the Arizona Supreme Court as both a man and a woman. Both of those appearances, as well as all my other court appearances since my transition, have been handled with dignity and respect by both the judges and my fellow attorneys.

“Finally, I joined the board of directors of and became president of QsquaredYouth, Inc., a nonprofit organization that provides support, education and advocacy for LGBTQ youth in Yavapai County, and the Board of Directors of the Prescott Area Women’s Shelter. I am now hoping to move on from my current career to a position where I can devote my time and energy to improving the lives of LGBTQ people.” Abby, thank you for sharing your personal experience with our classmates.

It will be interesting to see what kind of response I get. I’m listed under my current name on the Stanford Alumni website (my first name is Abigail, although I go by Abby), so it should be relatively easy for any of my classmates, other Stanford alums, or students to contact me, and I would certainly be interested in hearing from any and all of them (as long as they remain respectful, that is).

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