6/28/13

UK court convicts teen for non disclosure of trans status prior to penetration

A recent court ruling in the UK sets into case law validating transpanic responses.

In a rather lengthy finding a British court ruled that a teenage trans man deceived a cisgender girl by not revealing his trans status prior to vaginal penetration with a strap on. The defendant admits to the sex act but denies using a dildo.

A very good breakdown of the case can be found at Complicity titled: Court of Appeal confirms: Stealth trans people having sex are criminals.

I'm uneducated about British law and American but to me there are a two points to examine. First this turns trans status into a liability.

Para 26 ".... where the complainant is deliberately deceived by a defendant into believing that the latter is a male.."

Paragraph 27: "deception as to gender can vitiate consent" making trans people guilty of deception simply for being trans. That finding is now case law in the UK potentiality criminalizing transsexuality and interex people who do not notify potential sexual partners (in writing?) prior to sexual contact.

Secondly, the case wasn't simply about being trans it was also about deception regardless of whether its about a trans of cis person. The issue is the vaginal penetration of a partner without her consent with a object other than what she expects I.E., a penis.

I'll probably get crucified for saying this but...supposing that both party's accurately described the circumstances prior to penetration I would have to agree the the ruling that aggrieved party was deceived. I am of the belief that disclosure of trans status with a potential sexual partner, before the sexual act occurs, is only right. Doing otherwise could be construed as deception. My opinion does not mean I think we as trans people are of less value, but we have undeniably different history in context with cisgender people and this history has a profound effect on whom we are today.

That being said, it us not right that all other other considerations, non disclouse of I.E. HIV status, age etc, to be considered OK, singling out trans status as the single criminalizing factor.

H/T to Lexie Cannes.


6/27/13

Scottish Trans and Intersex people no longer must divorce before legally transitioning but...

It's an amazing day for equality that makes me proud of my bonnie Scottish heritage. A new marriage equality bill that was made public today is arguably one of the best, but it is in need of revision to treat trans and intersex people fairly.

Up until today Scottish transgender people who wished to change gender markers legally were first required to divorce and resubmit a application for a civil partnership which was reserved for same sex couples. This process was stressful, costly and time consuming.



Under the new The Equal Marriage Bill, to be published today transgender people wishing legal gender recognition will no longer be forced to divorce first, however  if a trans person wishes to divorce a interim certificate would be issued during the process. The full Gender Recognition Certificate(GRC) will not be issued until the divorce process is complete unnecessarily delaying transition.

The Scottish Transgender Org. posted to facebook voicing their objection to Gay Star News misquoting them about the bill writing "We have NOT "applauded the bill for being tight and clearer" and have asked Gay Star News to remove that erroneous line. The Alliance commented almost immediately "Gay Star News have just apologized to us and confirmed they will correct the article. The article now reads:
Nathan Gale, a Development Worker for STA, said: ‘We are delighted that the Marriage and Civil Partnership (Scotland) Bill has been launched today.

‘We are particularly pleased that transsexual people will no longer be forced to divorce in order to have their gender legally recognized.

‘There are some outstanding issues for trans people which we will continue to press with the Scottish Parliament and Government. But this is a substantial step towards equal marriage rights for all, regardless of sexual orientation or gender identity.’

According to the Scottish Transgender org mailer:

What the bill means for married trans people where they and their spouse wish
to continue their marriage:
• An application to the gender recognition panel is made
o To confirm that the couple wish to remain married, a statutory
declaration will be submitted by the trans person’s spouse stating that
they consent to the marriage continuing after gender recognition
• If the application is successful a full Gender Recognition Certificate (GRC) will
be issued
• The Gender Recognition Panel will send a copy of the GRC to the Registrar
General for Scotland
• Regulations will be made by the Registrar General for issuing a suitable
additional revised marriage certificate to the couple (showing new name and
gender)

What the bill means for married trans people where either/both they and/or
their spouse do not wish to continue their marriage:
• An application to the gender recognition panel is made without any statutory
declaration from the spouse
• If the application is successful an interim Gender Recognition Certificate
(GRC) will be issued
• Either the trans person or their spouse can initiate divorce using the interim
GRC
• Once the divorce is completed the interim GRC is replaced with a full GRC

We are concerned that this process could lead to unreasonable delay in the granting
of a full GRC if the spouse is uncooperative and seeks to delay the divorce process.
We will be pushing to prevent such unreasonable delays being possible.

What the bill means for civil partnered trans people:

There will be two recognition routes for civil partnered trans people to select from.
First option:
• An application is made to the panel and an interim gender recognition
certificate is issued
• The couple either change their civil partnership into a marriage or dissolve
their civil partnership
• The interim gender recognition certificate will be replaced with a full GRC



It's interesting to note that by volume most responses were opposed to gay marriage - 64% of the 62,000 responses were against it, but most of those were generated by postcard and internet petition campaigns by religious groups; of the individual submissions on the Scottish government website, the vote was 65% in favour - a finding broadly in line with opinion polls.


6/26/13

Transgender Artist Arrested For Responding To Transphobia By Baring Her Breasts

Arsenault said the incident was provoked by questions from the flight attendant, which they deemed inappropriate.

"She came over and said, 'You guys have to teach us how to do our makeup,' " said the 39-year-old performer. "And then they were like, 'You know, because you used to be guys, right?' "

In response, Sanfino decided to strut topless down the aisle.

"She walked down the aisle with quite a bit of grace and flamboyance and had her arms out," said Arsenault. "And then the flight attendants came and covered her up, saying 'Think about the children!' "

When the plane landed officers arrested them despite there being no law against woman or men going topless in Canada. They then deleted photos and videos from their cell phones telling them that it was illegal for them to film the arrest.

It's interesting to note that while the officers arrested Sanfino for baring woman's breasts, her legal documents still identify her as male. When the officers saw their pasport gender makers indicated male they then began misgendering them, threatening to throw them in jail with men.

There are no law prohibiting Canadians from photographing and filming police as long as one is not obstructing.


6/25/13

Australia Passes Worlds First LGBT Anti Discrimination Laws That Includes Intersex People

Gay star news: Australian lawmakers have voted to make discrimination against LGBT people illegal at a national level for the first time, although religious bodies will still be mostly exempt in line with state level legislation when it comes to LGBTs.

But for the first time aged care providers who are owned by religious groups will no longer be able to exclude people from aged care based on their LGBT or same-sex relationship status.

"For the first time in Australia, and for the first time internationally, intersex people are recognised fully and authentically in anti-discrimination legislation." ~ Organisation Intersex International Australia (OII).

Morgan Carpenter (OII Australia secretary) said:

"Intersex people face discrimination because we have queer bodies. We face discrimination in access to healthcare, employment, schooling and even in interpersonal relationships. Intersex men and women face disbelief in the reality of our gender identities, and those of us who are physically most different are often the most vulnerable.

In February, the Senate agreed with us that intersex is a biological reality, and that all of us should be protected, regardless of our gender identity and without religious exemptions. This is now law, and a huge step forward that will have many positive repercussions."


6/23/13

Colorado civil rights division rules that Coy Mathis' School Discriminated Against Her

First-of-Its-Kind Decision Mandates Equal Treatment for Transgender Students

Source Transgender Legal Defense Fund: June 23, 2013 - Happy LGBT Pride Month! We are thrilled to announce that the Colorado Civil Rights Division has ruled in favor of six-year-old Coy Mathis, whose school had barred her from using the girls’ bathroom at her elementary school because she is transgender. This is the first ruling in the nation holding that transgender students must be allowed to use bathrooms that match who they are, and the most comprehensive ruling ever supporting the rights of transgender people to access bathrooms without harassment or discrimination.

NY Times: In a sharply worded ruling, the division concluded that the Fountain-Fort Carson school district needlessly created a situation in which the student, Coy Mathis, would be subject to harassment when it barred her from the girls’ bathroom even though she clearly identified as female.

Telling Coy “that she must disregard her identity while performing one of the most essential human functions constitutes severe and pervasive treatment, and creates an environment that is objectively and subjectively hostile, intimidating or offensive,” Steven Chavez, the division director, wrote in the decision.

But the state’s ruling went even further, saying that evolving research on transgender development showed that “compartmentalizing a child as a boy or a girl solely based on their visible anatomy, is a simplistic approach to a difficult and complex issue.”

Michael D. Silverman, the executive director of the Transgender Legal Defense and Education Fund, which filed the complaint on the Mathises’ behalf, hailed the decision as a momentous victory and hoped it would sway how other school districts treated transgender students.

“This is the first ruling in the nation that holds that transgender students be allowed to use bathrooms that match who they are,” he said. “There are thousands of families like the Mathises who are feeling relieved and vindicated that the commission ruled that Coy is a girl just like any other girl.”

A lawyer for the school district did not return requests for comment. The school district had argued it acted reasonably in the dispute, saying Coy was permitted to wear girls’ clothing to school and was referred to as female.

“When Coy was told we won, she got this giant smile and her eyes bugged out. She said, ‘So I can go to school and make friends?’ ”

This win is important in the legal context, but its even more so to Coy and her wonderful family. I had the honor of getting to know this wonderful family and thank god things turned out as they have.~ kelli Busey

Some history of this case found on planetransgender:

TLDEF Files Complaint to Protect Transgender First Grader From School Discrimination

Colorado School District 8 Notches It Up saying Mathis Family Rejected Invitation To Talk

Pediatrician Dr. James Sears On CNN: Coy Mathis Will Walk Around The Girls Room With Her Penis Out, Like all Boys Do.

Dr. Jim Sear's Excuse is Not An Apology For Transphobic Bashing of Coy Mathis

Would You Sign Coy Mathis Parent's Petition?


Thousands march in today's Istanbul Trans Pride



Taksim square belonged to trans Pride Today! Thousands turned out for this celebration, although joyful there was a underpinning of discontent. Turkey is one of the most hostile of countries in the world to trans people but that didn't stop this from happening. Posted below are some of the Mobil uploads and photos posted on LGBT Istanbul facebook Enjoy!

Marchers were chanting Homofobik devlet, transfobik devlet or Homophobic state, transphobic state!