Before the 1950s, America didn’t have any gay publications. While there may have been pulpy Gay and Lesbian fiction for folks to read and a few movies about gay life playing in cinemas (1936’s “These Three” and 1944’s “Laura” come to mind,) there weren’t any magazines or even pamphlets that queer folks could pick up to read about gay life. To put out an out-and-out gay magazine was just too risky, and while Lisa Ben, the RKO staffer who put out the country’s first lesbian magazine-cum-newspaper in the 1940s, was responsible for penning entire issues of “Vice Versa,” she had to keep it quiet. – Advertisement –
Then the 1950s happened. The Mattachine Society, started up by Harry Hay and a few other prominent gay men in Los Angeles in 1950, decided to start up its own publication: Something that would cover serious political issues concerning LGBT rights as well as topical subjects and happenings. The first issue of ONE magazine came out in January 1953, and while the Los Angeles gay community was happy about it, law enforcement was not.
To put things in a bit of context: This was before Stonewall, before the Black Cat protests in Silverlake, even before the Cooper’s Donuts riot in 1958 where rent boys and drag queens headed off the cops at a late-night hangout in L.A.’s “gay ghetto.” The world may have been ready for ONE magazine’s frank treatment of civil rights, social justice and gay life, but the U.S. Postal Service was not. A magazine boasting the headline “Something About Sailors” simply wasn’t going to go unnoticed by the world at large.
According to Matt Baume, who hosts the podcast “The Sewers of Paris,” ONE tried to come out quietly in the early years, featuring:
“No matchmaking ads; no racy photos; no descriptions of physical intimacy—even cuddling. But the following year, an issue contained ads for sheer pajamas and a short story that involved some touching, which led the Post Office to seize the issue.”
The Post Office refused to mail issues of ONE through the mail. While issues were mostly sold in bars, it was being mailed enough to get under the skin of Los Angeles Postmaster Otto Olesen. ONE found itself on the wrong side of the law, with no one, not even the L.A. ACLU to help out. ONE’s attorney Eric Julber had a long journey ahead of him. He not only had to convince the Supreme Court that ONE wasn’t “filthy.” He had to make a strong case that a publication dealing frankly with homosexuality isn’t the same thing an obscene or pornographic publication.
And miracle of miracles, he won. After losing out in court the first time, Julber got a swift reversal in 1958, thanks to the fact that previous cases dealing with nudity and “polygamy” had eventually won. While this victory might seem small to us, it set an important precedent. Even before the official start of the Gay Rights Movement, ONE was making history, right here in L.A.
Equality California, the nation’s largest statewide LGBTQ civil rights organization, announced the 2019 officers of the Equality California and Equality California Institute Boards of Directors. Presidents Joe Gregorich of Sacramento and Beth Collins of Santa Barbara will lead the organizations’ respective boards during Equality California’s 20th anniversary year.
“We’re thrilled to have such dynamic leaders at the helm of Equality California and Equality California Institute as we celebrate this important milestone,” said Equality California Executive Director Rick Zbur.“At such a critical moment for the LGBTQ community and our fight for full equality, we’re deeply grateful that they have chosen to devote their time and expertise to leading Equality California and Equality California Institute. We are also thankful for the outstanding stewardship of our outgoing board officers, including President Emeritus Mandy Lee and two-term treasurer and former Interim Executive Director Laurie Hasencamp.”
The Equality California board officers are each beginning the first year of their two-year terms (2019-2020), while the Equality California Institute board officers are each returning for the second year of their two-year terms (2018-2019).
The 2019 board officers for Equality California are:
Joe Gregorich (Sacramento), President: Joe is a leading state government affairs professional in Sacramento with over a decade of experience managing government relations in California and on a multi-state basis. He currently serves as director of state government affairs for Sutter Health, a not-for-profit health system that serves more than 100 communities across Northern California. Joe previously served as vice president of Equality California’s board from 2017-2018.
Scott Malzahn (Los Angeles), Vice President: Scott is a partner at the law firm Baker Marquart, where his practice focuses on general business litigation and intellectual property disputes. He teaches constitutional law at the University of Southern California Gould School of Law and previously served on the trial team at Gibson, Dunn & Crutcher LLP that represented plaintiffs in Perry v. Schwarzenegger, the federal court case that resulted in the striking down of California’s Proposition 8. Scott previously served as secretary of Equality California’s board from 2017-2018.
Cecilia Cabello (Los Angeles), Secretary: Cecilia is a veteran public policy expert and was recently nominated and confirmed to the five-member Los Angeles Board of Public Works, where she serves as vice president. She previously served in the administration of Los Angeles Mayor Eric Garcetti, as California State Director of Hillary for America in 2016 and as director of government relations for the Southwest Regional Council of Carpenters.
Drew Murphy (Los Angeles), Treasurer: Drew is senior vice president of strategic planning for Edison International. Prior to joining Edison, he was senior managing director of Macquarie Infrastructure and Real Assets, where he headed the utilities, energy and power team. Drew also currently serves on the board of Southern California Public Radio and the Energy Law Advisory Board of the George Washington School of Law.
The 2019 board officers for Equality California Institute are:
Beth Collins (Santa Barbara), President: Beth is a partner with the law firm Brownstein Hyatt Farber Schreck, where she represents clients through all stages of the development process. Beth has also represented various pro bono clients, including the Islamic Society of Santa Barbara, the Alliance for Children’s Rights and the California Women’s Law Center’s Habeas Project. She previously chaired two standing committees of the California Bar Association. Beth has served as president of Equality California Institute’s board since 2016.
Jackie Thomas (Palm Springs), Vice President: Jackie is the co-owner of Thomboy Properties Inc., a real estate development company she founded in 2010 with her wife. She previously served in several leadership positions at NIKE, including Director of Women’s Marketing, Jordan Brand Director and the head of Brand Marketing for NIKE Basketball. She has had a long history of fighting for equality with organizations like Basic Rights Oregon and was a member of the Palm Springs steering committee of the Human Rights Campaign. Jackie has served as vice president of Equality California Institute’s board since 2017.
David B. Cruz (Los Angeles), Secretary: David is a Professor of Law at the University of Southern California Gould School of Law, where he teaches and writes about constitutional law, federal courts, and sex, gender identity and sexual orientation law. He is a member of the faculty advisory committee of the Williams Institute, twice served as chair of the Association of American Law Schools’ Section on Sexual Orientation and Gender Identity Issues, and is under contract co-authoring a law school textbook on gender identity and the law. David has served as secretary of Equality California Institute’s board since 2016.
Ryan Harlow-Nakano (San Francisco), Treasurer: Ryan is the vice president of sales for JPMorgan Chase & Co. He previously worked as vice president of sales and business development for Union Bank and a vice president at Bank of America. Ryan has served as treasurer of Equality California Institute’s board since 2018 and previously served as treasurer from 2014-2016.
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Equality California is the nation’s largest statewide LGBTQ civil rights organization. We bring the voices of LGBTQ people and allies to institutions of power in California and across the United States, striving to create a world that is healthy, just, and fully equal for all LGBTQ people. We advance civil rights and social justice by inspiring, advocating and mobilizing through an inclusive movement that works tirelessly on behalf of those we serve. www.eqca.org
JP Petrucione will be the governor’s director of digital media, one of several LGBTQ appointees named by Newsom.
California Gov. Gavin Newsom has appointed JP Petrucione as director of digital media in the governor’s office, making Petrucione the highest-ranking transgender appointee in the state’s history.
Petrucione, 45, was previously global digital director for public policy at Airbnb for two years, according to a Thursday press release from the governor’s office. Before that he cofounded and was managing partner at Social Stream Media and worked as a consultant at Storefront Political Media in San Francisco. When Newsom was mayor of San Francisco, Petrucione was his deputy communications director from 2004 to 2007. He was also director of scheduling in Newsom’s mayoral campaign in 2003. A native of San Francisco, he spent the past eight years in Portland, Ore., but now has relocated to Sacramento.
Equality California, the statewide LGBTQ rights group, issued a statement praising Petrucione’s appointment. “Equality California congratulates JP on this exciting appointment,” said executive director Rick Zbur. “The governor and the people of California will be well-served by his talents and the perspective he brings to work each day as an openly transgender man.
“Throughout history, LGBTQ people — and transgender people in particular — have been denied a seat at the table simply because of who were are whom we love. But in just one month, Governor Newsom has demonstrated the strength of his commitment to build an inclusive, people-powered administration that reflects the diversity of our great state.”
Newsom has appointed several other LGBTQ people to prominent positions, notes Equality California. They include Ana J. Matosantos as cabinet secretary, Daniel Zingale as director of strategic communications and public engagement, Nathan Click as director of public affairs, Kris Perry (one of the plaintiffs in the successful court challenge to the anti-marriage equality Proposition 8) as deputy secretary for early childhood development and senior adviser to the governor, and Jesse Melgar as deputy director of public affairs. Melgar previously served as communications director for Equality California.
During Newsom’s transition period, he named three LGBTQ leaders to a panel of ambassadors advising the governor on policy, strategy and personnel: Long Beach Mayor Robert Garcia, former California Sen. Christine Kehoe, and labor leader Laphonza Butler. Newsom, previously lieutenant governor, was sworn in as governor last month, succeeding fellow Democrat Jerry Brown, who did not run again due to term limits.
Drag queen Bella Aldama reads to a large group of kids and parents during Drag Queen Story Hour16 February 2019 17:44 GMTRafaella Gunz
An estimated 500 people showed up to attend a San Francisco-based Drag Queen Story Hour on Monday, 11 February.
This huge gathering at the Brentwood Community Center showed support for the event after a small group of anti-LGBTI protesters deemed the event ‘inappropriate’ for children.
Contra Costa County Libraries, who hosted this event, was not expecting such a huge turnout. At the event, drag queen Bella Aldama read children’s stories to the youngest guests.
‘The Contra Costa County Library is proud of the event,’ spokeswoman Brooke Converse told SFGate. ‘Our mission is about bringing people and ideas together. We want to be representative and inclusive of everyone in our very diverse county and community.’
Yet, unfortunately, some members of the community were not thrilled about this type of event, hence the protest. When East County Today, a local East Bay website, posted news of the event they were bombarded with Facebook comments — some of which were positive, but many of which were critical.
‘I never received this response in the other events,’ Aldama told KTVU at the time. ‘I have never seen so many negative comments in one day.’
Considering many iterations of Drag Queen Story Hour have gone on for months both in California and across the country, it is unclear why this particular event received so much controversy.
Nevertheless, Converse said that most of the feedback before the 11 February event was supportive.
‘The biggest surprise has been how much positive feedback we’ve received,’ she told KTVU. ‘For every negative comment, there have been multiple comments in support.
Still, the negative comments were enough for the Brentwood police department to provide six uniformed officers to oversee the event. Thankfully, though, everything ran smoothly.T
Aldama was able to brush off the negative vibes, too.
‘There is nothing wrong with reading a children’s book that display diversity and different gender identities,’ Aldama told East County Today at the event. ‘We are all different, and everyone deserves respect and love. We are not trying to teach or brainwash anybody. Drag is just a form of gender expression.’S
San Francisco Mayor London Breed says that she’s signed legislation giving the go-ahead to Eagle Plaza, a long planned new park in west SoMa nearly four years in the making.
The designs for the 12,500-square-foot space include a prominent Leather Pride flag to acknowledge SoMa’s history with the LGBTQ and leather communities. The Eagle Plaza name derives from the nearby San Francisco Eagle gay bar.
Upon signing, Breed said in a public statement that Eagle Plaza “will be a place where we can recognize the Leather community and all LGBTQ people for their contributions to Western SOMA and our city, while also creating a much-needed new open space for all of our residents in the neighborhood.”
The Erotic Service Providers Legal, Education and Research Project (ESPLERP) applauds California Senator Scott Wiener for proposing changes to legislation that would protect anyone reporting a serious crime (such as sexual assault, trafficking, robbery, assault, …or other violent crime) from being charged with prostitution under California Penal Code 647.
Senator Weiner’s legislation is being announced in a press conference at 10am at the Saint James Infirmary 730 Polk Street 4th Floor San Francisco on Monday Feb. 11, 2019. The new proposal advances women’s rights. It protects all women regardless of what they do for a living or how they conduct their personal sex lives. In this age of #MeToo, we simply cannot continue to punish women for being assaulted and raped. Only one of other state, Alaska has passed a similar version of this protection bill in 2017.
The long-standing criminalization of prostitution creates an environment that is exploited by criminals – and by sexual predators who explicitly target sex workers. For example, Gary Ridgway, the “Green River Killer”, who may have killed more than 70 women, murdered prostitutes because “nobody would miss them” – and he knew that the police didn’t care.
This legislation will make it easier for people like Reada Wong and Veronica Monet to report violence – and encourages the police to take assaults against sex workers seriously.
“I was violently assaulted by a predator who targeted prostitutes in 2012,” said Reada Wong. “When I went to police, they were initially supportive. But when they found out that I was a prostitute, they lost interest, demeaned me, and threatened to charge me. And then, much later, when the guy was finally charged, he plead guilty. If the police and district attorney had a done their jobs when I reported the assault, the predator wouldn’t have still been out there to assault other women.”
“I was raped by a client in 2001,” said Veronica Monet. “I wasn’t his first victim nor his last. In fact, his house had bars on all the doors and windows and there was no way to exit the premises without a key. Once inside I was trapped with a 350 pound man who was obviously capable of brutal violence. Three weeks after he raped me, he stabbed a young woman in the face when she resisted. I along with other activists were sharing information online so we knew he was a dangerous serial rapist. We knew his name, how he operated, and where he lived. But when I reported my rape to the Oakland Police Department they did nothing. In fact, they wanted to arrest me for getting raped because I admitted that I was a prostitute. After three years and after working with several women’s organizations to apply pressure on then Oakland Mayor Jerry Brown to take my deposition, I was finally allowed to report this rape without threat of being arrested myself. However, the police made no attempt to contact this violent predator’s other victims, and he was neither questioned or apprehended. As a result, he is still out there to this day, and remains a serious threat to the safety of all women.”
“It is for this reason that I am very pleased to support this new legislation which enables prostitutes to report rape and assault without fear of being arrested,” Monet concluded.
“This legislation has been a long time coming”, said Maxine Doogan of ESPLERP. “Especially in light of the recent disaster for the sex trade workers in the wake of the passing of Fight Online Sex Trafficking Act (FOSTAT), passed in April of 2018 which leaves so many vulnerable. So we applaud Senator Scott Wiener for taking this public safety issue seriously, because if they get away with victimizing us, it’ll embolden them to target any member of the public.”
The Erotic Service Providers Legal, Education and Research Project (ESPLERP) is a diverse community-based coalition advancing sexual privacy rights through litigation, education, and research. Contributions to support the court case can be submitted through our crowd fundraiser – www.litigatetoemancipate.com.
Erotic Service Providers Legal, Education and Research Project (ESPLERP)
Rudy Akbarian is a transgender veteran of the United States Army. – Advertisement –
Akbarian, a descendent of Armenian ancestry, is not only filled with patriotism for serving in his country’s military but he is also willing to die for his country and defend its national ethos. Its ethos are, essentially, an amalgamation of ideals which include democracy, liberty and equality.
His response to that question: “I feel like the white man is not this country. This country is everything before — it’s diversity. This country is love, acceptance and willingness to love your neighbor and help your neighbor. That’s how I remember this country. Donald Trump has just given the racist white man a voice and that’s not what America is.”
Akbarian’s family lineage is one deeply affected by political oppression and violence overseas. For example, his great grandmother survived the Armenian genocide — she witnessed her mother’s beheading at the tender age of seven years old. Furthermore, Akbarian’s parents came to the United States as refugees from Iran — seeking asylum from violent political turmoil.
Transgender U.S. veteran, Rudy Akbarian, says he misses the feeling of putting on his uniform everyday. He still feels great patriotism for the country he served for six years.
“America saved my family’s life because they took them in,” Akbarian. “I’m the first born, the first natural born American. I have a lot of patriotism, a lot of love for this country — for how it opened its doors to my family and protected my family. I felt that I needed to do the same by protecting this country.”
Akbarian served in the military for six years — before he retired, he served as a specialist in E-4. In essence, he was one rank short of becoming a full-fledged sergeant.
He began medically transitioning – while in the military – at the age of 23. He started the process as soon as he returned from boot camp and advanced individual training — he was merely a private in the military then.
Back in July 2017, President Trump tweeted that one of his reasons for banning transgender people from the military was due to the “tremendous medical costs and disruption that transgender in the military would entail.” Akbarian claims he never asked for any financial assistance from the military during his transitioning process. Furthermore, his intent was far from disrupting the unit he worked in — Akbarian wanted to keep his transition as discreet as possible.
After beginning hormone replacement therapy, the facial changes came sooner than expected.
“I didn’t think that I was going to see changes so fast but, little did my Armenian-self know, that I was going to grow facial hair like I just came out of the womb with it,” Akbarian said. “I’m a really hairy guy.”
At the time, the military was not “okay” with transitioning, according to Akbarian. He figured that he could begin transitioning and hide the fact until the facial changes become too evident to remain a secret. However, within his first year of hormone replacement therapy, his body hair became adamant. He knew then that he needed to begin having conversations with his fellow soldiers about why he suddenly had a five o’clock shadow at eight in the morning.
He was wary of backlash from his higher-ups in the military — for instance, he assumed he would eventually have to resign from the military as a result of being transgender. However, Akbarian was greeted with tolerance, respect and a sincere desire, from his colleagues, to better understand his situation.
“THEY [COMMANDING OFFICERS] WERE 100 PERCENT SUPPORTIVE AND, MOST OF THE TIME, THEY WERE LIKE, ‘WE DON’T EVEN SEE GENDER; WE JUST SEE SOLDIERS,” AKBARIAN SAID. “YOU GOT A MISSION, GO DO THE SH-T, GET IT DONE AND THAT’S IT. WE HAD A BUNCH OF CIS-GIRLS AND CIS-BOYS IN THE UNIT. EVERYBODY KIND OF MINGLED WITHIN EACH OTHER. WE SAW EACH OTHER AS FAMILY.”
His unit was a progressive one — so much that one day a U.S. Army major came out to his unit’s location to provide soldiers with “transgender training.” This program would provide cisgender soldiers with essential information to better understand their transgender counterparts in the military.
“It was incredible,” Akbarian said. “I stepped up [during the training] and answered a bunch of questions that people had that they were too scared to ask. It was a really enlightening, eye-opening experience for both me and the people who were in my unit.
“Everytime I went on base, everytime I put on the uniform — I was happy to do so. In fact, I miss it so much. I think about it everyday.”
When Akbarian heard the news regarding the Supreme Court granting the Trump Administration’s request to bar transgender individuals from serving in the military, he said that he felt pained.
“I thought it was a joke,” Akbarian said. “Then when I saw my trans military facebook friends talking about it and them freaking out, I was heartbroken. How? How can this happen in America? And how can somebody who has never served a day in life in his life — who avoided the draft God knows how many times — try to tell us that we can’t serve when we just want to protect the country?”
Akbarian said he never felt discriminated against while in the military. In fact, he felt at home. Although there were awkward moments — for example, there was one occasion when Akbarian was unsure which gendered showers were appropriate for him. The soldier felt welcome among his peers.
“I’m happy that I’m no longer enlisted — that I’m a veteran now, technically,” Akbarian said. “I wish I could have re-enlisted but I’m glad that I didn’t because [the news] didn’t hurt as much. I’m not thinking about what I’m going to do next or where I’m going to go. But it still hurt, because there are people I know who are doing 20 years, who are doing multiple years, who are in such high ranks, who are trans, in the military and serving so honorably and courageously that are about to lose their career.”
Following his departure from the military, Akbarian worked as an employment specialist for the Los Angeles LGBTQ+ Center. At The Center, he assisted homeless LGBTQ+ youth in finding employment opportunities. He is currently attending barber school.
“I offer haircuts to the LGBTQ community — free haircuts, I don’t take any money from LGBTQ people. Just totally donation-based,” Akbarian said.
He still feels a significant amount of pride and patriotism as a veteran of the U.S. army. He said that he hopes the upcoming presidential election will bring about a progressive leader — one that both Democrats and Democratic Socialists could get behind to support.
“If Donald Trump wins 2020, he’s already destroyed America. He’s exposed the most horrid, racist, sexist, homophobic, xenophobic people that live and exist in America,” Akbarian said. “I don’t really know how much worse it can get. I’m really scared for America.”
Police in San Francisco have released an updated artist’s impression of a serial homicide suspect.
The so-called ‘Doodler’ attacked gay men in the mid-1970s. Police wish to question him in connection with the slayings of five gay men. These occurred in the Ocean Beach area between 1974-1975.
Police believe the murderer could be the same person who attacked two gay men at the Fox Plaza Apartments, 1390 Market Street, in July 1975.
The suspect was dubbed ‘the doodler’ because one victim at Fox Plaza said he first encountered him, prior to being attacked, drawing caricatures at a former all-night diner on the block.
‘Both victims provided a suspect description of a black male, approximately 19-25 years old, 5’11-6’0, lanky in appearance, with a medium complexion and smooth skin. One of the surviving victims provided further information to police, which resulted in a composite sketch of the suspect.’
‘The investigation thus far had led Police to believe the suspect lived in the Bay Area, but outside of San Francisco and would come into the city at night-time on weekends,’ say police in a statement.
‘Information also indicates there is a likelihood of additional victims who may have survived attempted attacks but have not come forward to document the incidents.’
Suspect often drew sketches of his victims before stabbing them
Police commissioned an artist to do a new sketch, over 40 years later, to show what the suspect could look like today.
The Doodler sought out gay men in after-hours gay clubs and restaurants in San Francisco. He would often sketch drawings of them, before stabbing them.
Police detained a man in 1976 but never charged him. He remains a person of interest. Police have recently interviewed him again.
According to newspaper reports from 1977, one of the reasons police felt unable to charge him was because survivors did not want to ‘out’ themselves by testifying. Two survivors of stabbing attacks potentially linked to the suspect included a ‘well-known entertainer’ and a diplomat.
To help solve the case, police have announced a $100,000 reward for information that could help them secure an arrest. They’ve also released an audio file of a call to police on 27 January 1974. The caller had come across a body but didn’t wish to give their name.
One of the most well known gay men in Los Angeles is stepping down after claims of sexual misconduct.
John Duran, also the mayor of West Hollywood, has denied allegations of sexual harassment and misconduct.
However, he is also stepping down from his post at the end of the season.
Three chorus members accuse West Hollywood mayor of sexual misconduct
Three current or former chorus members have accused Duran of inappropriate comments or touching.
Jason Tong has accused Doran of slipping his hand inside the waistband of his underwear in a changing room before a show.
He described the alleged incident as a ‘traumatic and shocking experience’. He said this prompted him to leave the group.
Tong said chorus leaders ‘supported somebody who wielded power rather than somebody who is vulnerable and needs community’.
Brian Philip Nichoalds claimed he was also victim of a similar incident. He said Duran slipped his hand inside his waistband and made sexually inappropriate comments.
When elected to membership committee, Nichoalds said he was made aware of other alleged incidents of misconduct by Duran. Nichoalds said he believes no action was taken.
Joey Firoben reported two incidents. He resigned from the group, claiming Duran made inappropriate comments and another alleging a different chorus member groped him multiple times during a dress rehearsal.
Firoben told the LA Times: ‘I flat-out told them that I can’t support the organization anymore because there is too much sexual misconduct, particularly from leaders of the organization.’
John Duran denies any wrongdoing
Duran has denied any wrongdoing in his 20 years with the chorus.
He also said he was planning on leaving the group anyway due to the ‘toxic’ climate.
Board member Diane Abbitt, chair of the human resources committee, said she was only aware of one allegation against Duran.
‘If there was a problem, if there were allegations of sexual harassment, they would have been brought to the board,’ Abbitt said.
‘Nobody has even asked me privately to have a discussion about allegations of sexual harassment or misconduct.’
In 2016, a former aide to Duran alleged sexual harassment and settled for $500,000 with Duran admitting no wrongdoing.
Today, Senator Scott Wiener (D-San Francisco) and a coalition of civil rights, intersex, healthcare and LGBT advocates announced legislation to ensure intersex babies – “intersex” being a term used for people born with variations in their sex characteristics, including genitalia – can provide informed consent before undergoing medically unnecessary surgeries that can effectively assign them a gender (before they can decide for themselves) and that can irreversibly harm them. Senate Bill 201 would not prohibit treatment or surgery when it is medically necessary; it simply prohibits cosmetic surgeries on babies that are medically unnecessary and based on a desire to “normalize” a child’s genitals. Some of these surgeries include, reducing a clitoris, creating a vagina or removing healthy gonadal tissue.
This long overdue measure delays medically unnecessary, often irreversible and potentially harmful procedures until children have the ability to make informed decisions for themselves. SB 201, at its core, is about giving people born with variations in their sex characteristics autonomy over their own bodies and lives. Performing highly invasive genital surgeries on babies is risky, while waiting costs nothing and allows people to make their own decisions. Delay gives individuals and their families the most options, including access to future medical advances once the patient can understand the risks as well as allowing an individual to express their own gender and not have that decision made for them.
Approximately 1-2% of people are born with variations in their sex characteristics, referred to as intersex traits. A subset of these variations are recognized at birth, while others may go unnoticed until later in life or may never be recognized. Although a very small percentage of intersex infants may require immediate medical attention—for example some are born without the ability to pass urine—the vast majority are born perfectly healthy and able to live rich, fulfilling lives without any modification to their genitals. In other words, they have no medical problems – they simply have atypical genitalia.
SB 201 answers the questions: If someone is born perfectly healthy but with atypical genitalia, who should decide the person’s gender and who should decide whether the person should undergo highly invasive surgery with potentially significant and permanent side effects? SB 201’s answer is that the individual should decide, not a physician or parent.
Human Rights Watch, the World Health Organization and every other human rights organization to consider the issue has condemned the continued performance of these procedures. Dozens of United Nations entities have repeatedly condemned the practice of intersex infant genital surgery. Not unlike the victims of LGBT conversion therapy, intersex individuals living with the results of nonconsensual genital interventions often deal with the harmful emotional and physical consequences of medically unnecessary attempts at “treatment” for the rest of their lives.
“Everyone deserves autonomy about who they are and what medically unnecessary surgeries they undergo,” said Senator Wiener. “This legislation allows individuals to choose for themselves if and when they undergo life-altering medical procedures. Parents and doctors have a critically important role to play in the health and well-being of their children, but we should not deprive individuals of the right to choose whether to undergo invasive surgeries that are cosmetic, medically unnecessary and associated with long-term permanent health consequences. It’s particularly important to allow individuals to make their own healthcare decisions when a medical procedure makes potentially irreversible decisions about a person’s gender assignment – a decision that each person should be able to make on their own. I look forward to working with our broad coalition of intersex advocates, medical professionals, LGBT advocacy organizations, parents, civil rights organizations and affected individuals to pass this important human rights legislation.”
Beginning in the mid-twentieth century, physicians began modifying the genitals of infants they considered atypical, even if the surgeries were purely cosmetic and not medically necessary. These treatments and interventions include infant vaginoplasties, clitoral reductions,and removal of gonadal tissues, and may result in extreme scarring, chronic pain, incontinence, loss of sexual sensation, post-traumatic stress disorder and incorrect gender assignment. While a number of doctors continue to perform these often irreversible procedures in infancy based on the theory that they will help intersex people feel more “normal,” no research definitively proves that claim and all major groups led by affected adults condemn the practice when performed without the consent of the individual involved.
“SB 201 preserves options for families of children born with natural variations in sex characteristics and genitalia. Drastic cosmetic procedures, like reducing a clitoris or creating a vagina for an infant, have not been proven beneficial, compared to delaying for the individual’s informed consent—acting has high stakes, while waiting costs nothing,” said Kimberly Zieselman, Executive Director of interACT: Advocates for Intersex Youth, an intersex woman herself affected by the surgeries. “Attempting to erase these natural differences perpetuates a message of shame, stigma and homophobia. Medicine evolves alongside social acceptance, and this bill sends a clear message: there’s no rush to perform these surgeries on infants. interACT is proud to be a part of this historic human rights effort. ”
“When my daughter was born in 2012 with an intersex condition known as Congenital Adrenal Hyperplasia, we faced intense pressure to consent to cosmetic surgeries to reduce the size of her clitoris and create a vagina for heterosexual intercourse. I was surprised and angered by the fact that some did not agree that delaying cosmetic surgery until our daughter could decide for herself was the only ethical choice,” said Eric Lohman, a parent, author and PhD in Gender Studies.
“For too long, our society has denied intersex children and their families the ethical, compassionate health care they deserve,” said Equality California Executive Director Rick Zbur. “This is a critical human rights issue – and it’s one on which California should be leading the way. We’re grateful to Senator Wiener for his leadership and look forward to once again sending a strong message of support to intersex Californians.
“Instead of forcing conformity, we should celebrate our differences,” said Elizabeth Gill, Senior Staff Attorney with the ACLU of Northern California. “We must allow intersex individuals to embrace their identities and bodies, and to articulate who they are before doctors perform risky, irreversible and medically unnecessary surgeries.”
SB 201 builds on Senator Wiener’s Senate Concurrent Resolution 110, passed in 2018, which called on the medical community to delay performing medically unnecessary sex-assignment and genital “normalization” procedures until an individual can provide informed consent. The resolution was the first of its kind in the nation, and if passed SB 201 would make California the first state to mandate intersex patient participation in decision-making before procedures such a clitoral reductions are performed.
SB 201 is co-sponsored by interACT, Equality California, the American Civil Liberties Union of California, and is also supported by Human Rights Watch. It is co-authored by Senator Jim Beall (D-San Jose) and Assemblymembers David Chiu (D-San Francisco), Todd Gloria (D-San Diego), Kevin McCarty (D-Sacramento), Phil Ting (D-San Francisco) and Bill Quirk (D-Hayward).
The bill was officially introduced on January 28, and will be set for a committee hearing in the coming months.
