Come On Already, NYC

Honestly, we need someone to do groundbreaking stuff – don’t let Iowa beat you to it again, okay? Shoot, NYS has already beaten you to it.

A proposed law that would allow individuals to change the sex on their birth certificate without having gender reassignment surgery would ease the barrier to basic services such as health care, housing and jobs, transgender advocates said.

Testimony happened on Monday, 11/10, that helped explain why surgery should not be a requirement to change your birth certificate in NYC.

AMA: Birth Certificate Changes Shouldn’t Require Surgery

Great, great news. Not only is this requirement unfair and biased in favor of people who transition medically – not everyone does, or wants to – it also creates a problem with socioeconomic status, where those who can afford surgery are “real” and those who can’t, aren’t.

But this line in the Forbes article is a little silly:

Transgender people say they need IDs to accurately reflect their gender when they apply for jobs, travel and seek certain government services among other things.

Probably just a sloppy bit of writing, but um, everyone needs IDs that accurately reflect their gender.

This part of the article is, however, all too true:

“Birth certificates are primarily used for legal matters, not medical,” the new policy language approved by the AMA says.  “Requiring sex-reassignment surgery places a burden on an already marginalized population.”

Last week, New York State passed a law that states that people are not required to have surgery to change their birth certificates, so hopefully this new AMA ruling will mean other states will follow suit.

CA Trans Students: Good News

Well, this is indeed good news:

Today, California Gov. Jerry Brown signed the historic School Success and Opportunity Act into law, ensuring transgender youth have the opportunity to fully participate and succeed in schools across the state. Assembly Bill 1266—which goes into effect on January 1, 2014—was authored by Assemblymember Tom Ammiano and passed the California State Senate and Assembly earlier this summer. The law is the first of its kind in the country, and requires that California public schools respect students’ gender identity and makes sure that students can fully participate in all school activities, sports teams, programs, and facilities that match their gender identity. . . 

and

California law already prohibits discrimination in education, but transgender students have been often discriminated against and unfairly excluded from physical education, athletic teams, and other school activities, and facilities. This exclusion negatively impacts students’ ability to succeed in school and graduate with their class. For example, physical education credits are required to graduate, but transgender students often do not have the support they need to fully participate in the courses.

It’s the first law of its kind, but it would be amazing to see this happen in a lot more states.

Argentina Raises the Bar

Argentina set the new standard for changes in gender markers on identity documents for trans people:

“The fact that there are no medical requirements at all — no surgery, no hormone treatment and no diagnosis — is a real game changer and completely unique in the world. It is light years ahead of the vast majority of countries, including the U.S., and significantly ahead of even the most advanced countries,” said Eisfeld, who researched the laws of the 47 countries for the Council of Europe’s human rights commission.

In the US, you can get your passport changed with a letter from a doctor but no genital surgery is required, at least. The problems arise in the different ruling of the different states, so in Texas, for insance, a trans woman is always legally male, but she can legally marry her (cis) girlfriend there. Not quite how they expected the law against transness and against same sex marriage to play out, but there you go.

Both Ways

A trans woman is insisting a Tennessee DMV can’t have it both ways: either they decide she’s a man and she should be legally allowed to go topless, or she is a woman & then they need to change her gender marker on her license to an F.

So she took her shirt off outside the DMV, and they promptly arrested her. I’m sure they still didn’t change her gender marker, however.

These ‘gender determined by genitals’ laws have got to go.

Texas Marriage Law

Monica Roberts has been covering a proposed bill call SB 723; her most recent update is here. It’s in the Senate, & what it will do is make it illegal to use a court order about name/gender change to apply for a marriage license. The only reason it’s been proposed is to mess with the legal marriages of trans women to men, such as in the Nikki Araguz.

If you live in TX, call your senators now and tell them to kill this bill. List below the break.

Continue reading “Texas Marriage Law”

Revised Passport Requirements

From NCTE: New News on Passport Requirements

The U.S. State Department has announced some small but important additional changes to its policy for updating gender on U.S. passports and Consular Reports of Birth Abroad (CRBAs). The changes make clear that any physician who has treated or evaluated a passport applicant may certify that he or she has had appropriate treatment for gender transition. The revised policy also clarifies language and procedures to ensure that individuals with intersex condition can obtain documents with the correct gender.

In June 2010, the Obama Administration announced a new policy for updating gender markers on passports and CRBAs. For the first time, the June policy enabled transgender people to a passport that reflects their current gender without providing details of specific medical or surgical procedures. Instead, applicants could provide certification from a physician that they had received “appropriate clinical treatment” for gender transition. This policy was the result of years of advocacy, and represented a significant advance in providing safe, humane and dignified treatment of transgender people.

The policy announced in June was a huge step forward, but it was not perfect. It contained rigid and unnecessary restrictions on which physicians could write supporting letters for applicants, and contained confusing provisions regarding people with intersex conditions. With input from NCTE and other organizations, the Department moved swiftly to clarify and improve the policy. The passport policy as it now stands represents a model that other federal agencies, such as the Social Security Administration and U.S. Citizenship and Immigration Services, should move swiftly to adopt.

NCTE has prepared a revised resource that fully explains the new guidelines and outlines the ways in which transgender people can make changes to their passports and CRBAs. We are thankful for our colleagues at the Council for Global Equality, the National Gay and Lesbian Task Force and the National Center for Lesbian Rights for their wonderful collaborative work on this vital issue.

This TDOR: Why Not “Tranny”?

& To close this year’s Trasngender Day of Remembrance, a note from Mara Keisling of NCTE on what the day means, why not “tranny,” and what next:

The Day of Remembrance, which we commemorate tomorrow, is a time of mourning for transgender people, a time to honor the lives tragically cut short by another person’s hatred or fears. It is also a time to look at how we can have fewer and fewer deaths to commemorate on this day in years to come.

Each year as I look at the names and faces of those we have lost, they touch me profoundly and they also call me to a renewed commitment to the work ahead of us. We have to use every tool available to us to stem the tide; one of those tools is federal law.

A full year has passed since the passage of the first federal law to offer protections to transgender people-the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009. While the law certainly won’t end the problem of hate crimes, it does provide new avenues to address violence when it occurs. For the very first time, the Department of Justice and federal law enforcement officials have been authorized to take action to address the violence that transgender people face. And, while it’s easy to be cynical about the government, there are people in law enforcement who are truly and deeply dedicated to working with us to address the violence.

We’ve been at the table with the FBI and other departments as they’ve worked to update their training programs to include explicit information about gender identity and change the way they record information so we gain vital knowledge about the extent of the problem. I know, paperwork doesn’t seem like it will do anything. There is something very important about seeing the word “transgender” there in the manuals and forms because it means that the federal government is making a record and taking notice of the horrific violence we as a people face. It is information they can use to prosecute a crime and ensure that local law enforcement takes violence against us seriously. It will also help formulate violence prevention programs.

But there’s also something awful about knowing that those forms will record the terror of victims of hate-motivated violence. Law enforcement officers will note down the weapons used, the damage done and the derogatory words that are said to harm a transgender person-someone’s child, or partner, or parent, or loved one.

One of the reasons that we don’t use the word “tranny” at NCTE is because we’ve heard too many stories of violence. We know that when someone hears that word, it often heralds the beginning of an attack. And words matter when we look at hate crimes; the language used is, in fact, part of how we determine if something is a hate crime, because words are one of the weapons used to hurt the target of the violence. Because in a hate crime, damage is done to hearts and spirits as well as to bodies-and sadly, that’s the perpetrator’s point. We hear regularly, especially over the past few weeks, from transgender people who tell us that “tranny” is a word that feels hostile and hurtful to them. We shouldn’t use words that cause pain to others, especially when the word is one that, horrifyingly, transgender people hear as they are being bludgeoned. We have to use our words differently than that.

This week, the Department of Justice brought federal hate crimes charges under the new law for the first time, against white supremists who attacked a developmentally disabled Native American man in New Mexico. Disability was one of the other new categories added to the hate crimes laws, along with gender identity. It is a reminder that violence to any of us hurts all of us.

There are many more cases that are currently in the midst of the legal and investigative processes that have to happen before charges are filed. Each of these cases makes a statement that hate crimes are intolerable and illegal.

But we also have to keep our eye on our goal-ending violence against transgender people. We do this by educating people about the realities of our lives and by asserting our human rights to express who we are and to live in safety. To make this a reality, we have to build a climate of acceptance, free of derogatory words and angry fists, and filled with respect for the differences among us.

PA Changes Gender Marker Rules

Good news in PA!

HARRISBURG, Pa. (AP) ? The Pennsylvania Department of Transportation is changing its policy on how transgender people identify themselves on driver’s licenses.

The department and Equality Pennsylvania announced a settlement Wednesday that allows people to change the gender on their licenses if they are living full-time in the new gender and it can be verified by a licensed medical or psychological caregiver.

The previous policy only allowed changes in gender for drivers who could prove they’d had sexual reassignment surgery.

PennDOT says about half the states already have adopted a similar policy. The new policy takes effect immediately.