Transgender / Transsexual

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With Teachers Coming Out as Transgender, Districts Struggle

Leo Soell came back to school with no hair, a new name and an announcement.

The Hall Elementary School fifth grade teacher left to undergo cancer treatment last fall as Brina. A double mastectomy and four rounds of chemotherapy clarified a few things.

For years, Soell had lived a double life. At home in Southeast Portland, friends knew Soell was transgender and used the gender-neutral pronoun “they.” At work in Gresham, coworkers called the 26-year-old “she.” But after treatment, Soell was ready to be known as “Leo” and “they” at school, too.

“Because I was dealing with cancer, you think about the fact that you need to be yourself and nothing less than that every single day,” Soell said. “I chose to stop lying.”

Soell returned from medical leave in May, and expected coworkers to celebrate. Instead, other teachers said, the principal told staffers they could not announce Soell’s gender transition or name change. Some coworkers stopped talking to Soell, teachers said. Others called Soell “lady” or simply “Soell.”

Oregon and Washington have long barred employers from firing workers because of their gender identity. Portland-area districts celebrate diversity in school mottos and warn against discrimination in board policies. Yet most schools remain unprepared for the coming wave of transgender teachers, staff and students.

In the worst cases, teachers and students say they have been harassed or bullied. Even in progressive Portland, where principals routinely remind educators to ask students their preferred pronouns, transgender teachers say they still worry about how administrators will respond to parents, who may not understand or care what the law requires.

And in Gresham, investigators are now reviewing what happened to Soell last spring.

“I honestly don’t think the district had any clue that all of this would happen,” Soell said. “The frustrating part is I knew without a clear policy this would happen. I don’t think it was malicious. I think it came from lack of understanding.”

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Soell grew up in Boulder, Colo., and came to Portland in 2008 to study at Lewis & Clark College. Soell started teaching at Hall Elementary in 2013. That same year, Soell began telling friends and family that they did not identify as a woman.

Soell’s loved ones weren’t surprised: Soell had been a high-energy, androgynous kid and grew into a lanky, 5’10 soccer and basketball standout who wore a tie to graduation and job interviews.

Still, identifying as “he” didn’t feel right either, Soell told friends. Soell identified as “transmasculine” but existed somewhere between male and female. They asked friends to use the gender-neutral “they” rather than “he” or “she.”

At work, Soell stopped separating students by gender and won a grant to buy classroom books with characters who didn’t hew to gender stereotypes. Soell even spoke on a 2014 panel at Lewis & Clark about being a transgender teacher, but waited to come out at work.

In Oregon, teachers work their first three years on single-year, probationary contracts. Soell planned to wait the three years before coming out to administrators.

“It was getting harder to work in Gresham,” Soell said. “Even just a staff member leaving the room and saying, ‘Bye, ladies,’ was hurtful because I felt like I was lying.”

Then, last November, doctors diagnosed Soell with breast cancer. Surgeons removed Soell’s breasts and performed transgender reconstructive “top surgery” to give Soell a masculine-appearing chest. Soell went in for chemotherapy with a hospital wristband that said “female,” and came out ready for a new name.

Other Portland-area teachers have come out as transgender. In 2009, a longtime West Linn High School math teacher Nick Kintz became Nicole. The school principal wrote parents to explain, “We believe we have a teachable moment for ourselves, our students, and this community. As educators, we speak to authenticity, tolerance, honoring diversity and developing character.”

Kintz taught another six years before retiring this summer.

Two years ago, Reynolds School District leaders supported Micah Freeman when he transitioned to male while teaching seventh grade language arts. Freeman, 39, had taught at H.B. Lee Middle School for eight years and knew of other transgender teachers who had left their jobs to transition in secret. But that didn’t feel right for him.

“I wanted to be honest with kids because I wanted them to have a positive role model,” Freeman said. “More than 40 percent of transgender people attempt suicide. If I came to work and one of my trans students had committed suicide, and I had been stealth, closeted, I would wonder for the rest of my life if it would have made a difference if I — a happy, functional adult — had been honest.”

Three parents removed their children from Freeman’s class, but otherwise, the process went “incredibly smoothly,” Freeman said. Class went back to normal: Freeman’s students refer to him as “he,” and his transition rarely comes up.

When a transgender student enrolled, H.B. Lee’s principal welcomed the student and offered Freeman as a resource.

It’s impossible to say exactly how many transgender teachers work in Oregon. Though spokespeople for seven districts said they don’t have openly transgender teachers, The Oregonian/OregonLive spoke with several who agreed to talk privately about their situation but didn’t want their names used for fear of retribution.

Some said principals encouraged them to be open about their gender identity and keep books with transgender characters in their classrooms. But one second-year Portland high school teacher said they feared their contract would not be renewed if parents found out.

In 2011, parents called TV news stations to complain about a Vancouver, Wash. substitute, mislabeling the transgender woman as a “crossdresser,” a man who wears women’s clothing but does not identify as female.

Evergreen School District officials stood by the contract employee, the substitute teacher said, but students repeatedly called her names over the following four years. The teacher asked not to be identified by name.

Soell, wanting a smooth transition, sent a district-approved coming out video to coworkers and compiled a list of questions students might ask and possible responses for various grade levels.

That document “disappeared into the abyss,” Soell said. Instead, two of Hall’s coworkers said, the principal called an immediate staff meeting and told teachers they could not announce Soell’s name change or preferred pronouns to their classes.

Gresham-Barlow spokesperson Athena Vadnais said district administrators asked the principal “to notify staff to not engage in extensive conversations because of our need to honor the employee’s rights and to ensure the age appropriateness of the conversations with students.”

Still, students noticed differences. Chemotherapy caused Soell’s hair to fall out. Soell’s own class started using “Leo,” now their teacher’s legal name. When children asked questions, teachers said they weren’t sure how to reply.

“I felt incredibly uncomfortable,” said Tara Kerwin, a fourth grade teacher. “We were told what not to do but not what to do.”

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A few local nonprofits that offer school-specific training on gender issues are seeing a jump in demand. Facilitators at Bridge 13, run by the Sexual Minority Youth Resource Center, say they have four to six trainings a week booked this fall, most at Multnomah County SUN schools.

“There’s becoming more of an awareness that they need to get ahead of this,” said Danni/y Rosen, chair of Oregon’s Gay, Lesbian & Straight Education Network and a transgender person who identifies as both a man and a woman. “Youth are coming out younger and younger, and schools are struggling with that.”

Rosen said most districts are saddled with a litany of state and federal requirements and make decisions by calculating cost and risk. If no one is openly transgender at a school, district leaders may not prioritize that kind of training.

In more conservative suburban districts, Rosen said, school leaders also worry parents will complain.

“There’s this fear that the community is not ready,” Rosen said. “‘Are we as a district the one that should be changing the culture of the community?'”

Even in rural areas, Rosen said kids are becoming emboldened: Sandy High School students last year successfully fought to have the district reclassify 11 staff bathrooms as gender-neutral for transgender students to use.

Eric Overby, a Troutdale resident whose stepdaughter is transgender, said officials at one Clackamas County district told him, “We don’t have that problem out here.”

“I told them, ‘First of all, it’s not a problem,'” Overby said, “‘And second, yes you do. I know several who go to your school.'”

Last year, Overby and his wife opened an East Multnomah County chapter of Parents and Friends of Lesbians and Gays. As many as 30 families attend meetings; about 70 percent have a transgender child or sibling, Overby said.

TransActive Gender Center is working with more than 450 metro-area families with transgender children, said executive director Jenn Burleton. About 63 percent of those are younger than 12.

Students will eventually encounter transgender people, Rosen said, and a teacher’s reaction to a transgender coworker sets a model.

“If we want our youth to be successful in the world, we need to look at how they are going to work in diverse teams,” Rosen said. “You don’t want them in Fortune 500 companies, which have been very affirming for transgender workers’ rights, and they don’t know how to deal with diversity.”

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A few weeks ago, Gresham-Barlow leaders hired TransActive to host a one-hour training at Hall Elementary. Facilitators told Hall staff that district employees are legally required to use Soell’s legal name and preferred pronouns. Soell now goes by Leo and they in class.

“I understand that for a lot of people, trans visibility is scary because it’s new,” Soell said. “I completely understand what it’s like to have things change when you don’t want them to. However, change is never an excuse to treat someone poorly.”

Nearly all of Soell’s students use the new monikers, though occasionally they have a playground debate.

“Are you a boy or a girl?” younger students have asked.

Soell’s answer: “I’m just a person.”

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ICE issues New Guidance on the Care of Transgender Individuals in Custody

U.S. Immigration and Customs Enforcement’s (ICE), Office of Enforcement and Removal Operations (ERO) issued further guidance to personnel on how to care for transgender individuals in custodial settings.

The Transgender Care Memorandum reaffirms ICE’s commitment to provide a safe, secure, and respectful environment for all those in our custody, including those individuals who identify as transgender,” said ICE ERO Executive Assistant Director Thomas Homan. “We want to make sure our employees have the tools and resources available to learn more about how to interact with transgender individuals and ensure effective standards exist to house and care for them throughout the custody cycle.”

The memorandum addresses many elements of custody with regard to the treatment of transgender individuals. These elements include:

• Data Systems: appropriate data systems will be updated to record an individual’s gender identity, assisting the agency in data collection and informed decision-making.

• Identification and Processing: comprehensive officer training and tools will be provided to ensure an individual’s gender identity can be identified early in the custodial life cycle to ensure care in accordance with the new guidance.

• Housing Placements: the memorandum includes a voluntary ICE detention facility Contract Modification that calls for the formation of a facility-based multidisciplinary Transgender Care Classification Committee that will be responsible for making decisions related to searches, clothing options, housing assignments, medical care, and housing reassessments for transgender individuals.

This new guidance is the result of a six-month agency Working Group that examined these issues with subject matter experts, sought input from transgender individuals, and visited various non-federal facilities across the country to observe best practices. The full guidance is available at:>http://www.ice.gov/sites/default/files/documents/Document/2015/TransgenderCareMemorandum.pdf<.

Additionally, ICE also announced the designation of a new National ERO Lesbian, Gay, Bi-sexual, Transgender and Intersex (LGBTI) Coordinator and each of the 24 ERO Field Offices will also designate local LGBTI Field Liaisons who will serve as resources for officers.

The Transgender Care Memorandum is intended to complement existing ICE and U.S. Department of Homeland Security (DHS) policies and standards, including the DHS PREA Standards.

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Report Details Transgender People’s Economic Struggles

The estimated 700,000 transgender people in the U.S. experience disproportionately high rates of poverty compared with the general population and others within the lesbian, gay, bisexual and transgender population, according to a new report by transgender advocacy groups.

Their financial difficulties are linked to isolation that results from discrimination in the workplace, in the health care industry and in educational settings. Financial insecurity also was attributed to a lack of legal protections, according to the report, sponsored by eight public policy and transgender organizations including the Transgender Law Center, the Center for American Progress and the Movement Advancement Project.

“Transgender people face extreme discrimination in virtually all areas of life — when looking for housing, trying to find decent and affordable health care and health insurance, opening lines of credit and obtaining accurate identity documents,” the report stated.

Transgender people in Sonoma County face the same issues, said Jacqueline Nugent, a counselor for Positive Images, a nonprofit lesbian, gay, bisexual and transgender support group based in Santa Rosa.

Nugent runs three transgender counseling groups for Positive Images — one for parents of transgender people, one for male-to-female transgender people and one for transgender youths and people questioning their gender.

She said she’s seen an increase in the number of people seeking support and advice in her groups, which she’s run in Sonoma County for five years. From her perspective, more people are seeking services because of new cultural acceptance. Transgender people are increasingly visible in public and are being represented in the news and on TV, she said.

“I’ve seen a huge uptick,” said Nugent, 65, who is a transgender woman. “Trans people are out in the culture now, being normalized, much more than when I was growing up.”

Documenting challenges among transgender people, beyond anecdotally, can be difficult because few state or national surveys include questions about gender identity, transgender advocates said. However, advocates said increasingly, people are asking for gender-appropriate space to respond on questionnaires.

Nugent said the issue has come up in her support groups, in addition to other health and safety concerns. Five years ago, just two or three people would attend weekly peer counseling meetings. Compare that with today, and the same group has between 15 and 20 people showing up. Between 50 and 120 people attend her other groups.

Nugent said she fields questions and addresses problems with transgender people facing barriers to adequate health care, people who are on the verge of homelessness and many who face harassment at work.

“There is a lot of discrimination when people are transitioning, and it’s really hard,” Nugent said. “That leads to social anxiety and being afraid to go out in public.”

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HRC Apologizes to Trans Community, Pledges Push for Broad LGBT Bill

In a gracious and surprising move, the president of the nation’s largest LGBT organization offered an apology to the transgender community at the same time he said the group would take a lead in advocating fully comprehensive federal LGBT civil-rights legislation.

“I want to cut right to the chase here today,” said Human Rights Campaign President Chad Griffin in Atlanta Friday, September 5, addressing several hundred people at the annual Southern Comfort conference, a major gathering for transgender people.

“There’s an elephant in this room, and, well, it’s me,” he said.

“So I am here today, at Southern Comfort, to deliver a message. … HRC has done wrong by the transgender community in the past, and I am here to formally apologize,” said Griffin.

As he explained, “I am sorry for the times when we stood apart when we should have been standing together.

“Even more than that, I am sorry for the times you have been underrepresented or unrepresented by this organization. What happens to trans people is absolutely central to the LGBT struggle. And as the nation’s largest LGBT civil rights organization, HRC has a responsibility to do that struggle justice, or else we are failing at our fundamental mission.”

Griffin’s speech also decried violence against transgender people, calling it a “national crisis.” He listed a number of ways HRC is working toward transgender equality in the workplace and toward raising the visibility of transgender persons through story telling. Griffin asked that both he and HRC be held “accountable.”

He reaffirmed that HRC would continue to press for a fully inclusive Employment Non-Discrimination Act, which would ban workplace bias on the basis of sexual orientation and gender identity.

But Griffin also pledged support for broader protections.

In the next Congress, he said, “HRC will lead the campaign for a fully-inclusive, comprehensive, LGBT civil rights bill. A bill with non-discrimination protections that don’t stop at employment, but that finally touch every aspect of our lives – from housing, to public accommodations, to credit, to federal funding, to the education we all need to succeed and thrive.

“And I’m going to keep being honest with you, this is not going to be an easy fight.”

HRC posted the text of Griffin’s 2,400-word speech on the organization’s blog (http://www.hrc.org/blog/entry/speaking-at-southern-comfort-2014).

 

A healing speech

HRC has long had a fraught relationship with the transgender community. Some progress was made by former leader Elizabeth Birch, when in 2003 the organization added the “T” to its goals and ostensibly included the entire LGBT community. But HRC has regularly been criticized for not reaching out to trans groups and not having many trans people on its board. Currently HRC has at least one trans-identified board member, Meghan Stabler of Austin, Texas.

In addressing Southern Comfort, Griffin aimed to heal the most recent rift between HRC and the transgender community, which dates back to 2007. That year Joe Solmonese, then HRC president, told Southern Comfort attendees that the organization would advocate federal employment protections, fully inclusive of sexual orientation and gender identity.

But when former Representative Barney Frank (D-Massachusetts) said that ENDA with gender identity provisions would not pass in Congress, HRC followed his lead and supported a measure inclusive only of protections for sexual orientation. Many transgender people felt betrayed by HRC’s backing of Frank, and a deep, if not bitter, divide ensued.

Locally, trans leaders attended what they described as an “angry and tense” meeting in January 2008 when Solmonese came to San Francisco to meet with them in an effort to mend fences.

More recently, while ENDA passed the Senate on November 7, 2013 by a 64-32 vote, marking the first time that legislative body approved federal civil rights legislation banning anti-LGBT employment bias, House Speaker John Boehner (R-Ohio) has said repeatedly that he would not bring ENDA to a vote, claiming the legislation is unnecessary and would lead to frivolous litigation.

Meanwhile, a growing number of national and statewide LGBT organizations, including the Transgender Law Center and National Center for Lesbian Rights, have come out against the proposed ENDA, saying that while it bans workplace discrimination on the basis of sexual orientation and gender identity, the federal law also would allow religious organizations to discriminate against LGBTs even in non-ministerial or pastoral capacities.

Currently, 21 states, the District of Columbia, and Puerto Rico have laws barring workplace discrimination based on sexual orientation, with 17 states and D.C. also barring discrimination based on gender identity.

 

Transgender activists, leadership pleased

Transgender activists and organizational leaders said they are heartened by Griffin and HRC’s reconciliatory outreach. Those who spoke with the Bay Area Reporter were not at the conference, but all were aware of Griffin’s remarks.

“I believe Griffin’s speech may well prove a milestone in the relationship between HRC and the trans community, if the organization follows through on its promises,” said North Brunswick, New Jersey-based Rebecca Juro, a transgender woman, freelance journalist, and radio talk show host, who has often been critical of HRC.

In email correspondence, she added, “I think the greatest sense of betrayal felt by the trans community about HRC revolves around the organization’s advocacy in the past of legislation that didn’t include gender identity and expression protections. Griffin not only pledged that the organization would only support fully-inclusive legislation, but also announced an effort to pass an omnibus bill that would include protections not only for LGBT people in employment, but also in housing, health care, credit, public accommodations, federal funding, and education. I believe that’s important, particularly because it challenges the notion that the piecemeal approach to LGBT rights we’ve seen thus far at the federal level is the only way to go.”

Transgender activist, blogger, and columnist Autumn Sandeen of San Diego also voiced praise for HRC’s bridge-building gesture.

“Chad Griffin apologizing to trans people, identifying a path to change the relationship between the HRC and trans community, and then asking to hold the HRC and him to account is important,” she said in an email. “That he made the apology where one of the HRC’s most significant breakings of faith toward trans community began as well signals a real sincerity. I’m hopeful – I’m optimistic – that Chad Griffin and the HRC will make good on this Southern Comfort conference delivered promise to trans community.”

Some local trans leaders said the apology was “overdue.”

Masen Davis, executive director of the Transgender Law Center Photo: Courtesy TLC

Masen Davis, executive director of the Oakland-based Transgender Law Center, said in a phone interview that he was “very impressed by the content and what seemed to be the spirit behind the speech at Southern Comfort,” even though “it was in many ways long overdue to approach the transgender community and apologize for what happened in 2007.”

“While that debacle did not happen on Chad’s leadership, I thought it was an important step forward to acknowledge it and pledge to work differently with the transgender community,” Davis added.

With respect to ENDA, Davis said TLC is supportive of “any effort to secure strong [employment] non-discrimination protections for LGBT people at the federal level” provided that the protections “are strong and that they stand the test of time and protect all members of our community, including those who work for religious institutions.”

He also voiced support for Griffin’s call for an omnibus, federal LGBT civil rights measure.

“I am a big believer that we have an important responsibility to ensure that our communities get the protections that they need,” Davis said. “Obviously, employment is so critical, but employment is just one of the many areas that we need to make sure our people are protected.”

Davis cited other areas, including housing discrimination, health care discrimination and discrimination in credit.

“All areas of life where LGBT people run into challenges and to the extent that the federal government has any jurisdiction,” he said.

Davis acknowledged that it will likely take time before a broader LGBT civil rights law is passed in Congress.

“It may take time for that to be crafted and get the champions we need for its passage,” Davis said. “But it wasn’t that long ago that people were concerned that marriage would not get the support it needed, and here we are with a slew of marriage victories. I think we need to set high standards for ourselves and our community and start putting forward the kinds of legal support we need and deserve.”

Shannon Minter, legal director of the National Center for Lesbian Rights, said Griffin’s speech was “an important moment in HRC’s relationship with the transgender community.”

“It took guts for Chad to acknowledge that HRC has made some past mistakes without attempting to gloss over the pain and mistrust those mistakes have caused,” Minter said in an email. “I give him huge credit for stepping up and taking that on, even though he was not at the helm when those mistakes were made. That shows true leadership and foresight. I think his remarks were heartfelt and that he is genuinely committed to including transgender people in HRC’s work, which is essential if we are to continue to make progress.”

Looking beyond Griffin’s Southern Comfort speech, Minter said that “the biggest challenge for HRC and all of the national organizations in doing effective advocacy for transgender people is to find ways to stay in touch with what is happening on the ground and to support local transgender activism and leaders, especially transgender leaders of color who far too often are passed over when it comes to funding, visibility, and credit.”

In his remarks, Griffin mentioned the leadership of Davis and Minter, among others, as an “inspiration” to the LGBT movement and “to me personally,” he said.

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Transgender Woman Says Immigration Detention Officials Told Her To Pretend Her Rape Was Consensual

 

Marichuy Leal Gamino is a 23-year-old transgender woman who has spent more than a year living in an immigration detention facility, housed with men. Though she spent most of her life growing up in Arizona, she was born a Mexican citizen, making her an undocumented immigrant. After repeatedly experiencing harassment and threats of abuse, she says she was sexually assaulted last week by her cellmate. When she reported the abuse to the staff of the for-profit facility, they allegedly responded by asking her to sign a statement claiming that she had consented.

A number of LGBT and immigrant rights groups are lifting up Gamino’s story as an example of the many flaws in current immigration policy, as well as the disparate impact that detention has on LGBT immigrants. A growing coalition has signed onto a petition calling on the Department of Homeland Security (DHS) to release Gamino from the Eloy Detention Center. In the coalition’s letter, Francisco Luna of Arcoiris Liberation Team asserts that Immigration and Customs Enforcement (ICE) “has shown that they are incapable of ensuring Marichuy’s protection from future assaults or retaliation for reporting the awful sexual abuse she has survived.”

It’s been over two years since DHS announced it would begin implementing new guidelines from the Prison Rape Elimination Act (PREA) in its immigration detention and holding facilities. These guidelines, finalized nine years after PREA’s passage in 2003, call for specific protections for LGBT detainees, including training for facility staff and reporting structures to catch if LGBT inmates are being targeted for their identities.

Corrections Corporation of America (CCA), the private for-profit that owns and manages the Eloy Detention Center, claims to abide by PREA’s requirements. CCA’s Human Rights Policy includes protections based on sex and gender, and it also maintains a “zero tolerance policy” for sexual abuse and sexual harassment. That policy includes guidance that transgender detainees will be considered for housing on a case-by-case basis to “ensure the inmate/resident’s health and safety.”

According to Gamino’s report of her experience in the center, these guidelines were clearly not followed. Despite identifying as a woman in name and appearance, she has been housed with men for the entirety of her detainment — over a full year. According to the Transgender Law Center, which has been lifting up Gamino’s story using the #FreeMarichuy hashtag on Twitter, she experienced weeks of “bullying, lewd comments, and threats of rape” from her cellmate, all of which she reported to detention officers, who told her to “deal with it.” After she was raped, she was not only pressured to admit that she consented to it, but she “has still been offered no real recourse or assurance that her safety will be protected.” CCA did not immediately reply to a ThinkProgress inquiry regarding Gamino’s situation, but told the Phoenix New Times that the allegations will be investigated. ICE also confirmed that the Eloy Detention Center has been inspected and found in compliance with PREA standards.

A congressional mandate requires that 34,000 immigrants be held in detention facilities every day. Because many LGBT people flee countries where laws criminalize their identities, they are more likely to be swept up in this quota. A Center for American Progress report details how these LGBT detainees are unfairly treated in immigration detention facilities, including sexual assaults that took place in the same facility where Gamino is held. Transgender detainees are also often forced into solitary confinement instead of being housed with the gender by which they identify.

The Government Accountability Office found that between October 2009 and March 2013, 40 percent of sexual assault allegations were never reported to ICE. That’s because ICE field officers were not complying with reporting requirements, and because detainees were not even able to report their abuse due to an ineffective hotline. Of the 215 investigations during that time, only 7 percent were substantiated.

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MILESTONE: US Dept. of Education. Announces Title IX Protects Transgender Students

NCTE welcomes guidance issued today by the U.S. Department of Education which makes clear that the federal Title IX law prohibits discrimination against transgender students. The guidance, from the Department’s Office for Civil Rights (OCR), states: “Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR accepts such complaints for investigation.”

 

“This announcement is a breakthrough for transgender students, who too often face hostility at school and refusal by school officials to accept them for who they truly are,” said NCTE Policy Director Harper Jean Tobin. “It is now clearer than ever that schools nationwide are responsible for ensuring that transgender students are respected and safe, and students can seek protection from the Department of Education and the courts if schools fail to do so.”

 

Recent research indicates that 80% of transgender students feel unsafe at school because of who they are [GLSEN 2012]. While the guidance does not address specific forms of discrimination against transgender students, recent actions by the Departments of Justice and Education make clear that schools must provide equal access to all school facilities and programs consistent with a student’s gender identity. A 2013 federal settlement with the Arcadia, California school district, on behalf of a transgender boy excluded from school restrooms and field trip accommodations, requires school officials to treat the student as male for all purposes. Earlier this month, the Department of Justice issued guidance stating the nondiscrimination based on gender identity requires domestic violence shelters and other grantees under the Violence Against Women ACT (VAWA) to provide equal access consistent with a person’s gender identity.

 

This historic statement on gender identity is embedded in a larger guidance document on the responsibilities of schools to prevent and respond to sexual violence against any student—part of a package of guidance and resources announced by the Obama Administration today to address this widespread problem. Also being launched is a new website, NotAlone.gov, collecting resources for students and schools and reporting settlements with schools related to sexual violence on campus. NCTE applauds the White House Task Force to Protect Students from Sexual Assault and the federal agencies involved in this effort.

 

“Sexual violence in schools is shockingly common in the U.S. and needs to stop,” said NCTE Executive Director Mara Keisling. “That the Federal Government is addressing sexual violence is so important. And it is also important, and honestly a relief, that the Department of Education is clarifying Title IX in a way that will make schools safer for transgender students.”

 

While the Department of Education took the opportunity of issuing the sexual violence guidance to also clarify that transgender students are protected under Title IX, this protection is not limited to the context of physical or sexual violence and extends to all forms of discrimination in education. NCTE has long pressed for this guidance along with other LGBT advocates, and now urges the Department of Education to issue further detailed guidance on the rights of transgender students.

 

To ensure compliance with Title IX, NCTE urges schools to use our Model School District Policy on Transgender and Gender Non-Conforming Students, developed by NCTE and our partners at GLSEN, to update their own policies. Students or anyone aware of discrimination based on gender identity can file a complaint with the Department of Education at https://ocrcas.ed.gov/.

 

To learn more or to speak with Mara Keisling or Harper Jean Tobin, please contact Vincent Paolo Villano / [email protected] / 202-631-9640.

 

 

 

Pentagon Human Goals Charter “Disappointing” for Absence of Trans People

 

April 28, 2014

 

The Pentagon today released the Human Goals Charter, a document that outlines the guiding principles for the treatment of Department of Defense uniform and civilian workforce that, for the first time, affirms gay and lesbian military service members.

 

In response to the absence of the inclusion of transgender people in the document, National Center for Transgender Equality Executive Director Mara Keisling issued the following statement:

 

 

“While this is a positive step, it’s very disappointing that the Department of Defense (DOD) missed this opportunity to make clear its commitment to equal opportunity for transgender civilian workers. Transgender civilian workers at the Department of Defense are protected under sex discrimination laws because EEOC precedent makes clear that sex discrimination law protect transgender workers in all federal civilian contexts including the Department of Defense. We hope the Department will make this explicit in its civilian EEO policy, and will soon review the outdated rules, and remove the prejudice from those rules, that prevent transgender service members from serving openly and safely.

Another obvious deficiency in federal employment policy that can and should be addressed immediately is the President should sign the Executive Order that will explicitly disallow job discrimination by federal contractors including military contractors.”

 

To speak with Mara Keisling, please contact Vincent Paolo Villano / [email protected] / 202-631-9640.

 

 

LGBT Advocates Commend New VAWA Non-Discrimination Guidance, Urge Other Federal Agencies to Follow Lead

 

April 24, 2014

 

As advocates for lesbian, gay, bisexual, and transgender (LGBT) people, we applaud the Department of Justice for issuing strong implementing guidelines for the historic non-discrimination provisions in the Violence Against Women Act (VAWA), ensuring that LGBT survivors of violence receive equal services and treatment free from unlawful discrimination. The recently released Frequently Asked Questions about the new provisions are precedent-setting and will be a guide for other federal agencies on how to implement LGBT non-discrimination provisions. These provisions mark the first ever explicit protections from discrimination for LGBT people under federal law.

 

This guidance is a significant step forward because it makes clear that federal tax dollars under VAWA can’t be used to discriminate against LGBT people. If a grantee receives any funding under VAWA, all activities of that entity are covered by the non-discrimination mandate (including employment), as well as activities that aren’t related to or funded by the Department of Justice. This is hugely important because VAWA funding is disbursed to many agencies and programs around the country, including many rape crisis centers, domestic violence shelters, legal services, housing programs, education and prevention campaigns, courts, prosecutors, police and sheriff’s departments, as well as state agencies that administer VAWA funds.

 

As part of this guidance, the Office of Violence Against Women in the Department of Justice (OVW) announced a framework for analyzing the limited conditions for services that are segregated or specific to gender and prohibited justifications based on overbroad assumptions or past practice. In the limited case where gender-segregated services are proven to be essential, meaningful comparable services must be provided. The policy is also historic because it is the first time a federal agency has clearly stated that non-discrimination on the basis of gender identity means that all transgender people are to be housed and provided with other services according to their self-identified gender. The guidance makes clear that transgender people can’t be turned away or treated differently just because another client complains about being around a transgender person, and that staff cannot ask invasive personal questions to get a transgender person to “prove” their gender.

 

We urge the Department of Justice to formalize this historic guidance in binding regulations, as is standard practice with other major civil rights laws. We look forward to other federal agencies following the lead of the Department of Justice and applying similar interpretations of other laws and regulations prohibiting discrimination based on sex, sexual orientation, and gender identity.

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Transgender Teen’s Imprisonment Under Scrutiny

 

 

Is it a violation of a 16-year-old’s rights to place her in a prison with adult inmates even though she has not been charged with any crime?

Her treatment is appropriate and legal because she has “an extensive history of violence” against staffers and other residents of psychiatric facilities, according to the Connecticut Department of Children and Families.

The youth is a female transgender child who was born male but identifies as a female. In court documents she is identified as Jane Doe in order to protect her identity.

She has been in DCF custody since age 5. A legal complaint filed in federal court by attorney Aaron J. Romano and the girl’s affidavit describe a series of hellishly violent homes in which she has lived off-and-on since that age.

“I was placed in DCF custody because my father was incarcerated and my mother was using heroin, crack, alcohol and possibly other drugs,” the girl wrote.

“While in DCF custody, I have suffered immensely,” she added. “I feel that DCF has failed to protect me from harm and I am now thrown into prison because they have refused to help me.”

The federal court complaint was filed against DCF and its commissioner, Joette Katz, as well as against the state Department of Correction and its commissioner, James Dzurenda.

Romano charged: “While under the supervision and care of DCF, from ages eight through 16, Jane Doe was repeatedly drugged, beaten, raped, homeless and was being commercially sexually exploited.”

DCF spokesman Gary Kleeblatt issued a statement noting a Superior Court judge April 8 ordered the girl transferred from DCF and the state’s juvenile justice system to DOC custody and thus to York Correctional Institution in East Lyme, a women’s prison, because of her alleged violent attacks on others.

The DCF said, “We are sensitive to the traumatic and difficult experiences the youth has encountered over her life.”

But the agency’s statement added: “The judge who issued the transfer order heard evidence over a six-day period in which there was ample evidence provided by numerous witnesses stating under oath that the youth has a propensity for violence.”

“The youth has an extensive history of violence, including targeting female staff at several programs as well as other girls in the programs,” DCF said.

According to DCF, this included: stabbing a female peer with a fork; four assaults or threats on female staffers as well as an assault on a female peer resident at the Bridgeport Detention Center; and 10 assaults and several attempted assaults on staffers at the Solnit Psychiatric Center.

The most recent violent episode, DCF stated, came at a Massachusetts residential program where the youth assaulted a female staffer, “breaking her jaw and temporarily blinding her in one eye.”

DCF described her as “uniquely dangerous, in that no other youth at the Connecticut Juvenile Training School has exhibited such a long-established pattern of assaults.”

But Romano said, “Victims of violent sexual abuse frequently will exhibit aggression because they misinterpret signals.” Commenting on the Massachusetts episode, he said, “She was walking away (from an encounter), calming herself down, when a staff member came from behind and put her in a bear hug. She interpreted this as an attack.”

Romano said the youth is “in lockdown” at York’s mental health unit for 22-23 hours daily in order to keep her separated from others. “Her condition is deteriorating. She is receiving no counseling, nothing,” he said, as of last Wednesday.

The DCF statement said the youth will be allowed to participate in group activities, including education and treatment programs.

DOC spokesman Andrius Banevicius said, “We’re not going to comment on conditions or anything generally surrounding this situation. Since this would be in an article about Jane Doe, I’m not at liberty to say anything.”

Romano said the girl should be in a treatment center with a peer group and adult mentors rather than a prison. “She’s in a setting where aggression is the norm. Why would you put a child you want to reform in an aggressive setting where that’s encouraged?”

In her affidavit, the girl described her conditions: “During the day and night, I can hear the adult inmates screaming, banging and crying. I find it difficult to fall asleep.”

“I can feel myself growing more and more isolated, frustrated and feeling alone in my current isolation,” she wrote. “I need to be given treatment and services specific to my needs. I need to deal with the trauma I’ve experienced in my life. This prison cannot do that for me.”

The only positive comment in her nine-page affidavit was her saying: “I have been provided with hormone treatments through DCF to further develop physical characteristics, including breasts.”

Romano said only once before in Connecticut has a judge granted DCF permission to transfer custody to DOC.

In his legal complaint, Romano charged the state law used to transfer the girl is illegal because it violates two federal laws: the Juvenile Justice Delinquency Prevention Act and the Prison Rape Elimination Act.

Romano is seeking to have a federal judge overturn the youth’s “unconstitutional transfer” by DCF to DOC. The complaint also seeks an order requiring DCF “to institute programming specific to the treatment and rehabilitation of transgender youth and children, which Doe would be permitted to attend.”

California Legislature Passes Bill to Aid Transgender Californians with Name Changes, Identity Documents

Assembly Bill 1121, authored by Assemblymember Toni Atkins and co-sponsored by Equality California and the Transgender Law Center, passed the Assembly last week by a bipartisan vote of 56-18, with an official vote count pending. The bill will help ensure people who are transgender have better access to legal name changes and identity documents that accurately reflect their gender identity. The bill will continue to Gov. Jerry Brownâs desk.

ãMy bill provides transgender people with a simple, inexpensive, and private process for changing their names and documents to be consistent with their gender identity,ä said Assemblymember Toni Atkins. ãI am grateful for the support of my legislative colleagues for this simple step that will have a big impact on quality of life and personal safety for transgender Californians.ä

ãEvery Californian deserves the freedom to live as their authentic selves, and AB 1121 removes significant barriers to that freedom,ä said John OâConnor, Equality California executive director. ãHaving documents that reflect who you really are is crucial to achieving full equality, and EQCA is proud to see this bill advance to the Governorâs desk. We thank Assemblymember Atkins for her continued leadership.ä

In 2011, the National Transgender Discrimination Survey showed that 44 percent of transgender people reported having been denied service, harassed or assaulted when presenting identity documents that did not match their gender presentation.

ãAs a transgender man myself, I have experienced both the discrimination that often accompanies having identity documents that do not match oneâs gender identity as well as the burdensome process of revising identity documents. This important bill will mean more transgender people will be able to go about their daily activities – from voting to applying for jobs ö without being unfairly outed or put in danger,ä said Masen Davis, Executive Director of Transgender Law Center. ãWe are grateful for the leadership of Assemblymember Atkins who continues to champion fairness for all Californians.ä

While some states have administrative procedures that permit transgender people to amend the gender marker, name or both on their birth certificates, California still requires a court hearing as a prerequisite before the stateâs Office of Vital Records will change the gender marker on a birth certificate.

Court fees are currently $435 for a gender change or name change petition. AB 1121 will allow individuals to bypass the court and apply directly to the Office of Vital Records to amend a birth certificate. That will both streamline individualsâ access to corrected birth certificates and reduce the caseloads of overwhelmed courts.

AB 1121 would also make the name change process more private and affordable for transgender people, exempting them from the requirement that a person pay to publish a notice of the intended name change in the local newspaper for four weeks. Sajian Bernard of Sacramento, who testified in hearings before the Assembly Judiciary Committee, has been trying to legally change his name and gender for several years. He told the committee, “I’m really uncomfortable about the way that the newspaper notice is so public, basically announcing to everyone in the world that I’m trans. Whenever I’m outed as trans it’s humiliating, and could actually put me in danger.”

Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, and transgender advocacy organization in California. Over the past decade, Equality California has strategically moved California from a state with extremely limited legal protections for lesbian, gay, bisexual and transgender people to a state with some of the most comprehensive human rights protections in the nation. Equality California has partnered with legislators to successfully sponsor more than 90 pieces of pro-equality legislation. EQCA continues to advance equality through legislative advocacy, electoral work, public education and community empowerment. www.eqca.org

Transgender Law Center works to change law, policy, and attitudes so that all people can live safely, authentically, and free from discrimination regardless of their gender identity or expression. www.transgenderlawcenter.org

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