Seamus Johnston, a woman who lives “as a man,” pleaded guilty to going into a men’s locker room. University of Pitt-Johnstown Police told her not to use the men’s locker room and asked her to use a private changing facility. Johnston repeatedly did not and it eventually escalated into a disorderly conduct incident with police.
Recently, a friend forwarded me a link to this blog post by Katrina Rose, who teaches history at the University of Iowa. Ms. Rose appears to believe that we owe her answers to questions she poses on her blog, despite the fact that answers to her questions readily appear on our own blog and elsewhere.
However, she raises an interesting real-life set of facts that illustrate the concerns raised in our submission to the United Nations and the objective definition of “gender identity” we believe responsible GLBT Organizations should advocate.
Ms. Rose asks: “Should this person have been allowed to volunteer as a rape crisis counselor at rape relief center that only allows women to be rape crisis counselors? Should this person be allowed to use women’s restrooms?”
First, who is this person? Kimberly Nixon is a post-operative transsexual woman who unsuccessfully pursued a case against Vancouver Rape Relief, a organization that provides direct service to females traumatized by sexual violence, over the organization’s unwillingness to allow Nixon to volunteer as a rape counselor.
So, should VRR have allowed Ms. Nixon to volunteer as a rape counselor?
Someone on the Internet stated that the narrow definition of “gender identity” that would protect people of trans* experience without gutting sex-based protections will allow private citizens to do PANTY CHECKS in violation of the 4th amendment’s ban against unreasonable search & seizure! Specifically, someone stated:
The most obvious deficiency with this definition is that it would presumably allow any women in or near a public bathroom to become “panty police” and make a “show me your papers” demand of any other woman entering the bathroom. When a suggested alternative to a legal definition of gender identity that has worked well for decades rubs up against the Fourth Amendment (unreasonable search), we’re solidly in the realm of fantasy.
First of all, rubs up? Really? Fantasy?
We have much unpacking to do with this one.
What does the Fourth Amendment say? Continue reading “The Transgender Myth of the Panty Check”
Recently, Jennifer Levi, an attorney at New England’s Gay and Lesbian Advocates and Defenders wrote a piece for Pam’s House Blend on Connecticut’s recently enacted nondiscrimination law, which bans discrimination based on “gender identity.” She wrote the article to counter allegations that “some people were saying that the language ‘sold out the non-transsexual part of the community,’ by requiring evidence of medical transition” and “others (who) said it was introduced by some segment of the feminist community to limit the scope of the protections.”
Egads! Rest assured, we would not believe it if GLAD did anything at the behest of the “feminist community.”
Echoing the meaningless definitions adopted by the 14 other states that have implemented “gender identity” discrimination protections, the Connecticut law defines “gender identity or expression” as “a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth.” Continue reading “Connecticut (USA)”
Scott Konitzer alleges in a lawsuit against the Wisconsin Department of Corrections that DOC officials falsely induced him to settle his 2003 civil rights case during mediation in 2010 with promises to continue certain non-surgical treatments, and to consider other therapies that experts in the disorder might recommend. Konitzer further claims that DOC officials never intended to consider the other treatments and limited his existing treatment to treatments that render him suicidal and bald.
Konitzer, a/k/a Donna, prompted lawmakers to pass the Sex Change Prevention Act, subsequently ruled unconstitutional by a federal judge who concluded that doctors must decide whether inmates with gender identity disorder need the kind of hormone treatments Konitzer and a few others receive.
His current lawsuit contends the Department of Corrections stopped giving him one drug in the hormone treatments, which prompted the head hair loss; denied proper voice changing therapy; and denied a specific type of depilatory cream to remove unwanted hair from other body areas.
In a May 24, 2013 decision, the court dismissed some of his claims, but granted him leave to amend the lawsuit with regard to his Eighth Amendment medical care claims.
A 33-year-old Palmdale man was charged with disguising himself as a woman so he could secretly shoot videos inside a women’s bathroom. Jason Pomare allegedly wore women’s clothing, including a bra and wig, and then hid the camera in a paper bag to shoot videos of women inside a department store bathroom, authorities said.
Hannah Leith said he was stopped by a security guard when he tried to go into the women’s toilets at the Paisley Centre, Scotland.
“I visited the ladies as I left and I was approached by a security guard and informed a complaint had been made that I was using the ladies’ toilets.
“He proceeded to inform me that I was only to use either the men’s or disabled toilets unless I was post-operative.
“I informed him that I had the legal right to use appropriate toilets, and he responded by saying if I used them, I would be banned from the centre.”
“It was not made clear whether a staff member or a member of the public had made this complaint… I have lived full-time as a woman since last August and this disgusts me.”
He subsequently attempted to enter the ladies’ toilets but was stopped again by another guard, and attempted to reason with the first security guard he spoke to.
“This was useless as he said words to the effect that I was causing problems for everyone and that the majority was more important than just me.
“When I said it had never caused a problem before, and no-one has either noticed or cared I was trans, he replied that they noticed – implying that I do not pass as a woman, which I don’t believe is correct.”
A transgender woman in Hong Kong won a court appeal allowing her to marry her boyfriend and forcing the government to rewrite the city’s marriage laws. The woman in her 30s, known in the Court of Final Appeal as “W” under anonymity rules, successfully overturned earlier verdicts that said marriage is only allowed between couples who were of the opposite sex at birth.
W, who underwent sex realignment surgery more than five years ago at government expense, argued that her post-operative sex was recognised by the law and that previous rulings were a violation of her constitutional rights. The city’s Registrar of Marriages had argued that she could not wed her boyfriend because her birth certificate – which cannot be altered under Hong Kong law – said she was male.
“It is contrary to principle to focus merely on biological features fixed at the time of birth,” the court said in a written judgement by the panel of five judges. It added that existing laws “impair the very essence of W’s right to marry”.”
A man who changed her sex has sued the Kenya National Examination Council for a new examination certificates reflecting her new sex.
In a landmark case filed at the Milimani court, Audrey Mbugua Ithibu who was born Andrew Mbugua, says the fact that her Kenya Certificate of Secondary Education bears a different sexand name, she has been unable to get a job which was a violation of her rights.
Audrey wrote her KCSE exams as a man and was issued with her certificate in 2001. She was thereafter diagnosed with gender identity disorder. Gender identity disorder is the formal diagnosis used by psychologists and physicians to describe persons who experience significant gender dysphoria (discontent with the sex they were assigned at birth and/or the gender roles associated with that sex). It describes the symptoms related to transsexualism, as well as less extreme manifestations of gender dysphoria.
In her lawsuit, Audrey accuses the council of refusing to effect the change despite giving her hope that it will do same. She says the council’s refusal was tantamount to failing its statutory duty and was unfair and unjustified. The council’s refusal had also caused her to suffer distress and depression due to the daily stigma of being unable to secure employment.
The Red Lion Area School District denied the request of a transgender high school senior to have his chosen name read at graduation. In a letter to the ACLU dated May 3, 2013 the district’s solicitor writes that the district will allow Issak Wolfe to wear the boy’s cap and gown. But, solicitor Benjamin Pratt wrote, the district will read students’ legal names. For Wolfe, that means his name will be read as Sierra Stambaugh.