Gwen Araujo trial declared mistrial

from the San Jose Mercury News:
Posted on Tue, Jun. 22, 2004
Judge declares mistrial in Araujo case
JURORS SAID THEY WERE HOPELESSLY DEADLOCKED
By Yomi S. Wronge
Mercury News
An Alameda County judge this morning declared a mistrial in the Gwen Araujo case after jurors said they were hopelessly deadlocked on whether three men killed the transgender Newark teenager.
Superior Court Judge Harry Sheppard announced the decision in a Hayward courtroom shortly before 10 a.m. after hearing from the 8-man, 4-woman panel, and individually asking them if further deliberations would help them reach verdicts. Only two said that was a possibility, the others said it would do no good.
The had been deliberating the fate of Jose Merel, Jason Cazares and Michael Magidson, all 24, since June 3.
The three were facing first degree murder charges, with a hate crime enhancement, for allegedly killing Gwen.
Gwen, who was 17, was born Eddie Araujo Jr., but identified and lived as a girl. According to trial testimony, Gwen was beaten and strangled after her biological identity was revealed during a confrontation in the early hours of Oct. 4, 2002, at Merel’s house in Newark.
http://www.boston.com/dailynews/174/nation/California_jurors_unable_to_re:.shtml
California jurors unable to reach verdict in slaying of transgender teen
By Michelle Locke, Associated Press, 6/22/2004 14:32
HAYWARD, Calif. (AP) A judge declared a mistrial Tuesday in the case of three men accused of killing a transgender teen after jurors declared they were deadlocked.
The case has been closely watched by transgender advocates, who said the verdicts would send a message about how much their lives are valued. Michael Magidson, Jose Merel and Jason Cazares, all 24, were charged with killing a 17-year-old who was known as Gwen but was born Edward Araujo.
According to trial testimony, Araujo was beaten and strangled after her biological identity was revealed during a confrontation on Oct. 4, 2002, at Merel’s house in Newark, a San Francisco suburb. Merel and Magidson had had sexual encounters with Araujo and had become suspicious about Araujo’s gender after comparing notes, according to testimony. Alameda County Superior Court Judge Harry Sheppard declared the mistrial after the jury foreman announced that the eight men and four women were deadlocked after nine days of deliberations. If they had decided to convict, the jury would have had the option of returning verdicts of first-degree murder, punishable by 25 years to life in prison; second-degree murder, 15-to-life; or manslaughter, which carries a maximum term of 11 years.
The case was charged as a hate crime, which could add four years to sentences. Cazares had sought acquittal, saying he wasn’t involved in the killing and only helped bury the body. Magidson’s attorney argued the case was not murder but manslaughter, a crime of passion triggered by sexual fraud.
Continue reading “Gwen Araujo trial declared mistrial”

TG Day of Remembrance announced

Transgender Day of Remembrance announced.
MEDIA RELEASE
For Immediate Release
Contact:
Gwen Smith
Ethan St. Pierre
TRANSGENDER DAY OF REMEMBRANCE ANNOUNCED
6th annual event will be held November 20, 2004
SAN FRANCISCO, June 16, 2004 – The 6th Annual Transgender Day of Remembrance has been set for November 20th, 2004, with over 100 separate
observances expected world-wide.
“Since last year’s event, nine more people have died due to anti-transgender violence,” said Ethan St. Pierre of the Remembering Our Dead project. “So yet again, we will be making it known that such killings are unacceptable.
The most recent reported case of anti-transgender violence leading to death is that of Cedric Thomas of Baton Rogue, Louisiana, who was shot multiple times on May 18th. Thomas died from those wounds on June 5th.
The Day of Remembrance began in 1999 as a way to draw attention to the
issue of anti-transgender violence in the wake of unsolved murders such
as that of Rita Hester. Hester was killed November 28th, 1995. Her death remains unsolved.
Unlike the murder of Rita Hester, many recent cases — including the rash
of Washington, D.C. attacks that left two dead last August — show an increased vigilance on the part of law enforcement and the media to treat these crimes equally.
“That we’re seeing more stories about these cases, more arrests, and more
convictions says that our actions are being taken seriously,” said Transgender Day of Remembrance founder Gwen Smith. “yet there is still so much more to do.”
Last year’s event was honored in over one-hundred locations in eight countries.
The Remembering Our Dead project exists to honor individuals murdered as a result of anti-transgender hatred and Prejudice, and draw attention to the issue of anti-transgendered violence. Remembering Our Dead is a project of Gender Education and Advocacy, Inc.

Alternatives to HRC

For those of you disturbed by the HRC’s dismissal of trans-inclusion, I have found two other groups that are much more hip to trans issues.
1) The National Center for Transgender Equality (NCTE) is a social justice organization dedicated to advancing the equality of transgender people through advocacy, collaboration and empowerment. NCTE was founded in 2003 by transgender activists who saw the urgent need for a consistent voice in Washington DC for transgender people. NCTE provides this presence by monitoring federal activity and communicating this activity to our members around the country, providing congressional education, and establishing a center of expertise on transgender issues.
and
2) The National Gay and Lesbian Task Force (NGLTF) is the national progressive organization working for the civil rights of gay, lesbian, bisexual and transgender people, with the vision and commitment to building a powerful political movement.
These two groups work together and are a constant presence in DC. The lawyer who works on trans-issues at NGLTF is very dedicated and a strong speaker on trans issues. Mara Kiesling, of the NCTE, works way too hard – which is exactly what you want in a social justice organization!
So give them your money and time instead, and tell HRC to get bent.

Trans-Partners Forum at the Center

I’m on this panel! Do come! Partners especially welcome!!
**
Trans-Partners Forum
Tuesday, June 8, 7 – 9PM
Exploration and discussion of issues faced by individuals who are, or have been, or seek to be in relationships or partnerships with trans and gender-different individuals
$6 Center Members, $10 non-members (no one turned away)
The Lesbian, Gay, Bisexual & Transgender Community Center
Trans-Partners Forum: the Center�s Public Policy Committee, Center Kids, and the Gender Identity Project present a forum on the challenges facing individuals who are, or have been, or seek to be in relationships or partnerships with transgender, gender-different and gender questioning people.
Community members will explore some of the social, legal, medical and personal issues facing partners of trans, gender-different and gender questioning people, including losing and maintaining our sense of identity and community, getting our needs met, being overshadowed by the needs of our trans-identified partners, financial concerns, barriers to medical care, stigma associated with our attraction to trans-people, and more.
Trans-Families Series: Trans-Partners is the second in the Trans-Families series of forums offered by the Center. The first forum, Trans-Parents, in January 2004, explored some of the social, legal, medical and personal issues facing trans, gender-different and gender questioning parents, moms and dads, including challenges facing transgender people who want to become parents. Trans-Partners broadens those concerns to include an expanded vision of family. The final forum, Trans-Families will be offered in the fall and will explore the concerns of trans-extended families.
For further information call (212) 620-7310
The Lesbian, Gay, Bisexual & Transgender Community Center is located at 208 West 13th Street, New York City

News Forum

Betty & I set up a news forum on the MHB message boards:
News Forum
We happen to have one friend, Donna, who is so expert at finding good articles, that we thought her efforts deserved a more public forum. Hopefully this forum will be useful to the rest of the community, so spread the word!

commentary

I recently read an article by Chip Johnson of the SF Chronicle on the responsibility TG women have to disclose their transgender history with potential partners, and it occurred to me that the one thing I haven’t yet read about is that the problem is not with the TG women – it’s with the violence perpetrated by men whose egos are so fragile they must defend their machismo and heterosexuality at a tremendous cost. I’m tired of it.
I’m sharing a letter I wrote to Chip Johnson articulating these concerns:
Thanks for your article about Gwen Araujo about the danger for TG women of not disclosing their TG history. My husband is TG, & is often assumed to be female even when presenting as male. I have seen the impact this “surprise” can have on people first-hand, even in a non-sexual situation.
That said, I would love it if you and other columnists would clarify that the whole responsibility should not be on the shoulders of TG people, especially – as you pointed out – now that TG women are transitioning at younger and younger ages. What about these homophobic, small-minded bigots who think violence is an answer to everything? When do we write articles about their responsibility in the violence? As you know from the defense that is being offered in Gwen’s case, it is absolutely necessary that we point out the macho, heterosexist attitudes that have got to change – or, at the very least, the idea that violence is any kind of response to a surprise of this kind.
I am what’s referred to as a ‘genetic woman’ in the TG community, and I am astounded over and over again that the unspeakable behavior of some men when faced with a TG woman – or with a genetic woman who says no – is not the issue that is called out in the press.
TG women, like genetic women, have the right to feel safe especially within sexual contexts. Sexual attention from men is not always wanted, but women still have the burden of making sure the men – who are being sexually aggressive – not only know what our parts look like but that their fragile male egos are not bruised by rejection. Why can’t we call them out, for being immature and so locked in macho idiocy, instead? Certainly the gay male community is also all too aware of the violence inflicted by straight men who must preserve their macho pride, at all costs. All of us – gay men, genetic women, TG women – have got to take a stand against this neanderthal behavior, and start demanding that courts not let these bullies have their way.
Thanks again,
Helen Boyd, author of My Husband Betty

SF Chronicle article on Gwen Araujo & deception

No issue of sexual deception
Gwen Araujo was just who she was
Dylan Vade
Sunday, May 30, 2004
link”
Don’t talk to me about deception.
Gwen Araujo, a beautiful young transgender woman, was brutally beaten to death the fall of 2002. In the trial of three men accused of murder in her slaying, defense attorneys Tony Serra and Michael Thorman are using the “transgender/gay panic” defense. Their argument essentially is that Gwen deserved to be killed because she deceived, and thus stole the heterosexuality of the men she had sex with.
No one deserves to be killed for deception.
But in Gwen’s case, there was no deception. Gwen was just being herself. In a world in which we are all told we have to be more feminine or more masculine — Gwen was wise enough to know herself and brave enough to be herself. That is beautiful. She should be our role model.
Instead, transgender people are seen as deceivers. The word “deception” comes up often in our lives.
I will share one of my experiences with deception. I am a female-to-male transgender person. One day, I flirted with someone I assumed to be a gay man, got his number and later went over to his place. He opened the door, and we kissed. A couple of minutes later, I came out to him as transgender. I did it casually. I do not make a big deal out of it, because to me it is not a big deal.
It was a big deal to him. He immediately stopped being interested and told me that I had deceived him. He said: “I thought you were just a cute gay guy.” He said that I should have told him that I am transgender and what my genitalia look like before he invited me to his place.
I was not hurt, aside from my feelings. I was lucky.
What I did not say to him then, but wished I had:
“You deceived me. All this time I thought you were just a cute transgender guy. You really should have told me you are a nontransgender person. I cannot believe that you did not tell what your genitalia look like. I cannot go through with this. I would have never come over to your place had I known.
“Yes, you are right. I did not wear a T-shirt with a picture of my genitalia emblazoned on it. But, honey, neither did you. If we, as humans, decide that proper dating etiquette requires us all to disclose the exact shape and size of our genitalia before we get someone’s number, then, sure, maybe I will go along with that.
“You deceived me. You should have told me that you are transphobic. You should have told me that your head is chock full of stereotypes of what it means to be a ‘real man’ and a ‘real woman.’ You should have told me that when you look at someone, you immediately make an assumption about the size and shape of that person’s genitalia, and that you get really upset if your assumption is off.”
Why do some folks feel that transgender people need to disclose their history and their genitalia, and nontransgender people do not? When you first meet someone and they are clothed, you never know exactly what that person looks like. And when you first meet someone, you never know that person’s full history.
Why do only some people have to describe themselves in detail — and others do not? Why are some nondisclosures seen as actions and others utterly invisible? Actions. Gwen Araujo was being herself, openly and honestly. No, she did not wear a sign on her forehead that said “I am transgender, this is what my genitalia look like.” But her killers didn’t wear a sign on their foreheads saying, “We might look like nice high school boys, but really, we are transphobic and are planning to kill you.” That would have been a helpful disclosure.
Transgender people do not deceive. We are who we are.
Dylan Vade, co-director of the Transgender Law Center, is a lawyer and holds a Ph.D. in philosophy. Sondra Solovay, director of Beyond Bias, contributed to the article.
Continue reading “SF Chronicle article on Gwen Araujo & deception”

Third Gender (Muxe) in Mexico

http://www.oaxacatimes.com/html/third.html#
The Third Gender
By JULIE PECHEUR
Photo by Julie Pecheur
In the Isthmus of Tehuantepec, on the Pacific coast of Oaxaca, some children are born neither boys nor girls.They are muxe.
Under the still fiery rays of the late afternoon sun, two dozen ox-carts decorated with flowers, palms, and multicolored banners parade down the center of Juchit�n. The convite, the traditional procession announcing a special mass, brings together the whole neighborhood. In one cart, sit erect dignified old men
in white shirts and straw hats; in another, motionless boys in blue shiny costumes with their palms joined in prayer; and in a third one, little made-up girls in regional embroidered dresses throw plastic cups and plates as gifts to the enthusiastic crowd.
As the procession moves forward, standing on the upper part of another cart, two children energetically ward off the branches of the surrounding trees to protect the cart�s adornments. They are about 12 years old, with narrow bodies and loose hair down to their round naked shoulders. One wears a pair of blue jeans and a short white top that reveals a flat belly and no waist. They both look like boys, but they could be mistaken for girls. Here in Juchit�n, on the pacific
coast of the Tehuantepec Isthmus, Mexico�s narrowest land near Guatemala, they are neither girls nor boys. They are muxe (pronounced Mooshey).
In striking opposition to Mexico�s dominant mestizo culture, which is racially mixed and where machismo prevails, the population of Juchit�n is predominantly
Zapotec and does not condemn or reject effeminate male homosexuals. On the contrary. Here muxe (the word comes from the Zapotec adaptation of the Spanish word for woman, mujer) are generally regarded as part and parcel of society, a third element or gender, combining the assets of both the female and male, and sometimes equipped with special intellectual and artistic gifts.
No one knows how many muxe live in this city of 80,000. Around the shaded plaza at the center of town near the market, one often spots them: slightly
effeminate older men, young transvestites (vestidas), and men dressed in shirt and trousers but wearing make-up (pintadas). The majority of the muxe live in
the two popular neighborhoods where most fishermen and peasants reside. Those in the upper classes however, still tend to stay en closet, in the closet.
�In Juchit�n, nearly all families have a great-uncle, a son, or a bother who is a muxe,� says Adolfina Pineda Esteva, a 47 year-old primary school teacher
whose younger brother, now known as Am�rica, is a muxe. �Not all parents accept them, but they are not rejected,� she explains while her husband Andr�s nods in agreement. �They have their space in the society. They teach dance, sew, head beauty salons, make adornments� Muxe are very active and creative.�
�Here one is born a muxe. One does not become one,� says Ulises Toledo Santiago, a thirty-year-old muxe, echoing the general opinion. Ulises, who dresses as a man but whose face expressions and voice are somewhat
effeminate, has a license in law and works for the city family planning agency. In an article published in 1995, anthropologist Beverly Chi�as confirms that: �The idea of choosing gender or of sexual orientation�the two of which are not distinguished by the Isthmus Zapotecs�is as ludicrous as suggesting that one can choose one�s skin color.�
Much to the annoyance of the 16th century Spanish conquerors, male homosexuality was widespread and tolerated in many North American indigenous societies, such as the Isthmus Zapotecs and the Yucatan Mayas. The Spaniards highly valued �manliness� and �assertive� behavior and placed a stigma on
�submissive� attitudes. Their chronicles never failed to mention the Indians� �corrupt� behavior, which they labeled as �sodomy� after the biblical town of Sodom, destroyed by God because of the sinful mores of its inhabitants. While systematically destroying all statues and frescoes representing male-male sexual
encounters, the Spaniards found in the natives� different approach to sexuality yet another theological justification to annihilate their culture and convert them to Catholicism.
The people of the Isthmus however have always fiercely defended their identity against conquering powers, whether Aztec, Spanish, or later French. Nowadays in
the region, contrary to the national mestizo pattern where men prevail in every strata of the society, women have more outlets for social participation and
enjoy the resulting powers. Typically, Juchitecan men work the fields and go fishing, participate in politics, and shape intellectual and artistic life. Women, on the other hand, do the housework, but also organize the fiestas and take part in various important commercial activities. In Juchit�n for instance, they control the vital daily market, reigning over piles of mangos and dried fish, their full-size bodies wrapped in long black skirts and huipiles, the short dark traditional blouses embroidered with large bright flowers.
Juchitecan women thus enjoy unusual financial autonomy and prestige, which has led many observers, chiefly foreigners, to mistakenly define Juchit�n as a
matriarchal society, a designation which overlooks the male equally crucial, and sometimes domineering, roles. Nevertheless, women and female activities are
not considered secondary, which may partly explain why muxe, who assume effeminate manners and participate in both female and male economic activities, are usually not discriminated against.
When a son prefers dolls to pistols, female cousins to male ones, and dresses to trousers, many mothers rejoice, even if the majority of fathers merely resign
themselves. For women, raising a muxe implies that strong arms will take care of their house while they go out to work and that someone will look after them
as they grow older. (Men have a tendency to prefer younger women and leave the household, even in Juchit�n.) �Parents with a muxe know that he will
always take care of them because he will never get married and leave the house,� says Ulises, who lives with his mother. �Our society is very tolerant because the muxe work hard and support their families.�
Traditionally, muxe are expected to cook, clean, look after the children, take care of the elders, and bring home an additional income. In recent years, muxe, like women, have started to gain access to higher education and careers such as lawyers and doctors.
Moreover, they play a key role in preparing the countless fiestas, essential to the identity of the community. This is not a light task: Juchit�n celebrates at least 20 in-town velas, the round of parties in honor of patron saints or particular events. During virtually the entire month of May, for instance, the streets are filled with parades, music, and flowers. Then, there are 20 or so obligatory national holidays, about 30 unmissable velas in neighborhood communities, plus the frequent weddings, birthdays, graduations. For all these celebrations, muxe design, embroider and sew traditional female outfits, make garlands and paper chains, fix hairstyles and make-up, and set family and church altars.
Less visible however, is the sexual role the muxe play in the Juchitecan society. Although classical heterosexual rigid classifications hardly hold when it comes to homosexual preferences, it is generally true that muxe don�t have sexual relations with other muxe. They see themselves as women and want men. And the men they sleep with, called mayate, are not considered homosexuals because they play the �active� part. �Because a woman�s virginity before marriage is still very important in our society, many young boys are initiated by the muxe,� says Yudith L�pez Saynes, the director of Gunaxhii Guendanabani, an association dedicated to AIDS prevention. �It is widely accepted, but with AIDS now, people are more cautious.� Andr�s L�pez, a thirty-year old pintada nurse who heads a medical service, explains laughing, �You go in the street and the boys play tough with their friends, but then they flirt with you.� His friend Felina
Santiago Vadivieso, a 36-year-old fake blond muxe who heads a beauty salon, confirms that younger boys keep on asking her advice on how to please their
girlfriends. She prefers older men however, although she can�t kiss them or hold their hands in the street. �A lot of Juchitecan men marry women from other towns like Puebla. They are very conservative and more homophobic,� she explains, before adding in a laugh: �But their sons get caught in the local movement, and their husbands never leave it!�
For almost thirty years, muxe have had their own velas in Juchit�n. Ulises for instance, organizes his club�s December 28th vela, baile con migo, or Dance With Me. The first muxe vela, the vela de las aut�nticas intrepidas buscadoras del peligro, or the vela of the Authentic Intrepids in Search of Danger, took place in
1976. The organizer, Oscar Cazorla Pineda, a fifty-four-year old muxe, is the owner of a famous dance hall in the center of Juchit�n and the leader of the Intrepidas club. With large features and figure but feminine movements, he is also a successful and respected businessmuxe, who sells the traditional and
ubiquitous gold jewelry, which he himself puts on to party.
Each year in November, after a special catholic mass held in its honor, the Intrepids� vela gathers all the city�s muxe along with fifteen hundred men,
women�grandparents and young adults�and children. The blast, which now gets national attention, requires a full year of preparation and costs around $10,000
dollars. Oscar and the Intrepidas cover some of the expenses, but most are now paid by others, including the town�s elected officials. In fact, the Intrepidas are partisans of the PRI, the political party in power in Juchit�n, and they regularly participate in political meetings and demonstrations. Conversely, during the vela, it is the city officeholder who crowns the Intrepid beauty queen.
Nowadays during fiestas, many muxe wear traditional women�s dresses or drag queen outfits. An increasing number, and virtually the entire new generation, also dress like women in every day life. To Filiberto Cruz, who, at 89 is the oldest Intrepid, this new tendency is rather shocking. In his time, nobody would do it,
although he confesses with a shy smile that he himself would sometimes wear gold buttons and discreet bracelets.
This new transvestite tendency has created dilemma and friction in the society as well. In schools, for instance, some teachers, often from other parts of the
country, do not tolerate the new trend and children, as mischievous as anywhere else, make fun of it. Many Juchitecan women also twitch at the sight of their
traditional dresses on muxe.
�This transvestite process is rather new,� says Amaranta G�mez Regalado, a 26 year-old beautiful muxe who wears traditional huipiles and became famous last
year when she ran for congressional in the Oaxaca state elections. �It started about twenty years ago and I think it has to do with the advent of marketing
and television.� In her low caressing voice, she says she understands the debate about traditional clothing, but states, �It is part of our culture, and I consider
myself a vehicle of that culture too.�
Vicki Santiago Lu�s, a twenty-year-old muxe who was born Jorge and came to Oaxaca because she found Juchit�n intolerant towards gays, decided to wear
women�s clothing when she was 13, against the advise of a muxe her age who thought it could be dangerous. She received the support of her mom, grandfather, and a couple of girlfriends who helped her define her style�western and sexy. But to these days, her grandmother has refused to accept it. Next December nonetheless, Vicki will wear to the vela club baile con migo the regional dress her uncle bought for her to receive the 2004 beauty queen crown. �I am so happy to be the queen,� she confesses with a soft, but rasping voice, her ecstatic eyes twinkling. �I have admired the transvestite muxe since I was a very little boy.�
�The new generation is only interested in dressing up like women and looking beautiful. They don�t think at all about their future,� argues Felina who herself
wears a knee-long blue jeans skirt. �We follow the examples of the older muxe: we work and take care of our parents. My motivation is my parents. I live alone
and it is my duty to help them.�
The new generation’s attitude is not limited to clothing. A few muxe have also started considering using hormones, breast implants or aesthetic surgery to narrow their noses. Only one so far is said to be thinking about getting an operation to remove his genitals.
For Amaranta, who was able to travel around the world as an anti-AIDS activist and is considering furthering her education in social studies, muxe ought to create different roles for themselves within the Juchitecan society. �When I was 13 or 14, it was impossible for a muxe to enter politics, to write articles, to be an
activist, an opinion maker. We had to embroider and create adornments,� she says. �Now the muxe who wants to should be able to open up intellectual spaces for herself.� With her charming ironic smile she adds: �It has not been easy for me. My mom wanted me to learn a traditional muxe job. Between two conferences she would tell me, �at least bake a cake or something.�� When asked if marriage is part of the agenda, the vast majority of muxe seem perplexed, as if they had never thought of it. �People get married, and then they
divorce,� says Felina. �I don�t want that. I want my relationships to last the time they should last and that�s it. And I want to enjoy all the men I want.�
�In Juchit�n marriage is not a necessity,� says Ulises. �It is an issue that you find in other societies, where homosexuals are discriminated against. Here we don�t need a political movement or the creation of special space in society. We already
have it.�