Legislative Update

In California, the legislature has passed a number of important bills guaranteeing rights for LGBT Californians. The Gwen Araujo Justice for Victims Act was signed into law in late September. This measure bans the use of the so-called "Panic Defense" by defendants who claim that they panicked upon discovering that their victim was transgender in the hopes of receiving a lighter sentence for crimes such as assault or murder. Under the new law, juries will be instructed not to consider claims based on gender identity, sexual orientation or other characteristics in rendering their verdicts.

The Older Californians Equality and Protection Act was also passed, which requires the state's Department of Aging to include LGBT seniors, and their specific needs, in its programs and planning. In yet another bill, California also standardized its housing anti-discrimination laws, which include gender identity as a protected class. Unfortunately, however Governor Schwarzeneger vetoed the Bias-Free Curriculum Act passed over the summer by the legislature, which would have barred textbooks in the state from using language discriminatory to LGBT people. You can read more about the civil rights advances in the state on the Equality California website at: Equality California

In West Chester, Pennsylvania, members of the Borough Council passed an anti-discrimination law that includes sexual orientation and gender identity. The 6-0 vote took place on September 20. Not only were there no opposing votes, but no one spoke against the ordinance during the time for public comment. The law bans discrimination in housing, employment, and public accommodations. West Chester is the fourteenth jurisdiction in Pennsylvania to pass an inclusive anti-discrimination bill and the fourth to do so this year. The ordinance also included a measure to appoint a Human Relations Commission for the borough that would oversee implementation of the new law. Steve Glassman, a member of NCTE's Board of Directors and Chair of Pennsylvania's Human Relations Commission, provided technical assistance to the Council. You can read more about it here: Center for Civil Rights

In New York City, the Board of Health has taken a step closer to make it possible for transgender New Yorkers to change their birth certificates. The measure is now open for public comment until October 30, when a public hearing will take place. Previously, New York law made it possible for people to amend their birth certificates, but with no gender listed. The new rules would allow the certificates to be reissued and include the new gender. Activists in New York have been working for many years to make this change possible.

The proposal would require documentation from a medical doctor and a mental health provider-both of whom must have experience with transgender health care-that the person has completed permanent gender transition. However, no specific medical treatment is mandated. People would also need to provide a legal name change order and have lived as the new gender for at least two years.

Legal Update

The Civil Rights Division of the state of Colorado has ruled in favor of a transgender woman who filed a complaint of discrimination against her former employer. Danielle Cornwall had worked for fifteen years as a radiographer and technician for Intermountain Testing (ITC) in Greenwood Village, Colorado, but was fired shortly after telling the company that she was transitioning from male to female. ITC tests construction and manufacturing materials; all of the employees, with the exception of secretaries, were male. You can read the Associated Press article about the case by clicking here: click here

In Texas, Dean Gutierrez, a 16-year veteran of the San Antonio police department, was found guilty of sexual assault and civil rights violations after Starlight Bernal came forward, saying that the officer had beaten and raped her during a traffic stop last year.

In Florida, William McHenry was sentenced to life in prison for the 2003 stabbing death of Reshae McCauley. McCauley was in the process of transitioning from male to female when she was killed. Advocates in Florida expressed relief at the verdict and the fact that the victim's gender identity was not put on trial.

Pediatrics Publishes Article on Intersex Conditions

Pediatrics, the official journal of the American Academy of Pediatrics, published a "Consensus Statement on Management of Intersex Disorders" in its August issue. This is an important step for our allies in the intersex movement. Several organizers created a series of working groups comprised of fifty experts in the field, including Cheryl Chase from the Intersex Society of North America (ISNA) and numerous physicians. The working groups reviewed past studies and documentation. Finally, the participants met together to draft the conclusions presented in the article.

Among the important information presented in the article is the clarification of terminology. The group suggests the use of the term "disorders of sex development" (DSD) to describe "congenital conditions in which development of chromosomal, gonadal, or anatomic sex is atypical." ISNA has adopted the use of the term DSD in their work with the medical community (you can read more about their position by clicking here). The authors also state that homosexuality and differences in gender roles do not constitute incorrect gender assignment, differentiating between gender identity, gender roles and sexual orientation.

The article recommends that newborns should not be assigned a gender before they are evaluated by experts in the field and that the evaluation should be multidisciplinary including team members with knowledge in the fields of endocrinology, urology, psychology, etc. They also conclude that all children should be assigned a gender and emphasize that patients and families should be communicated with openly, have their privacy respected, and be encouraged to participate as much as possible in the decision making. They note that it is important to communicate that DSD is not a cause for shame.

According to the article, decision making about gender assignment needs to emphasize issues such as fertility and functionality more than cosmetic appearance. The authors also discuss cultural factors that may influence the decisions made, such as the role of infertility or religious views about genetic conditions.

Finally, the group notes the very clear lack of information on the long-term outcome of various medical and psychological strategies. They call for additional research and the pooling of information.

To view the article, click here.

The New York Times also recently published an article on Cheryl Chase and the intersex movement. You can find it by clicking here:

Creating Change Conference

The National Gay and Lesbian Task Force will be holding their Creating Change conference in Kansas City next month, from November 8-12, 2006. All of NCTE's staff members will be presenting workshop at the conference, which will feature a number of workshop related to gender identity and expression. The conference is the premiere event for LGBT activists and has a strong trans participation. You can find more information at: Creating Change

Dancer Willi Ninja Dies

Willi Ninja, who came to prominence for his role in the 1990 film, "Paris is Burning," died recently of AIDS-related causes. Ninja was known for his pioneering role in refining a style of dance known as "vogueing," which influenced many other performers, including Madonna. He was known for his gender-transgressive dancing and participation in the New York drag community. He was a self-taught dancer who cited such varied influences as the martial arts, Fred Astaire, and Olympic gymnasts.

National Latino Congress Addresses Gender Identity

In September, the National Latino Congreso affirmed its support for civil rights for Latino/as of all sexual orientations and gender identities. The Congreso was a gathering of political, civic, business, and community leaders in the Latino community, the first major gathering in the community in almost 30 years. The event included training for grassroots activists and sought to set a long-term agenda for advances by the Latino community. The support of rights for LGBT Latinos was an important and ground-breaking step. You can see the conference website at: Latino Congresso; NCTE was one of the sponsors of the Congreso.

Transgender Teacher Begins School Year

At Batavia High School, in western New York, a science teacher is transitioning from male to female, and has begun dressing and being addressed as a female this year. The school district provided information about gender identity disorder to students on the first day of school and has denied requests for students to be transferred out of the teacher's classroom. While a few parents moved their children to private high schools in response, the majority of students have simply gone on with the year as usual. The teacher notified the school last year and the school district spent nine months preparing to educate students about it. Because of privacy laws, the teacher's name has not been cited in any of the media accounts.

Transgender TV Show in the Works?

Variety magazine has reported that the creator of the show, "Nip/Tuck" will next produce a new drama about a transsexual, showing her transition from male to female over the course of five seasons. Ryan Murphy says he hopes to begin production next year; Murphy and Brad Pitt will be the executive producers for the show.

NCTE Model for Other Organizations

The Family Pride Coalition, an advocacy organization for LGBT parents and their families, has published their own "52 Ways to be OUTspoken!" modeled on NCTE's "52 Things You Can Do for Transgender Equality." The Family Pride version includes ways for LGBT parents to be active with their kids in promoting equality and thanks NCTE for the idea. To view a copy, go to their webpage at www.familypride.org. To view NCTE's version, go to www.nctequality.org/52Things.asp.