Is B.Scott Genuinely Embracing The Trans Umbrella?

Well, well, well.  As many of you are aware of  BET got itself in some seriously hot water when they hired gender bender B. Scott to be the red carpet fashion commentator for the recent edition of the BET Awards and publicly disrespected him. 

They approved the outfits he wanted to wear, but after one interview the show producers yanked him off the red carpet, demanded he tone down his makeup, pull back his hair and don male clothing.

After doing so he returned to find out he'd been replaced on the red carpet by actress Adrienne Bailon.

It was jacked up and after the outrage ensured over it from B.Scott's love muffins, the Blackosphere and amongst other peeps in the community BET put out a half-azzed spin filled apology that B. Scott rejected.

Now it's being reported by TMZ that B.Scott is filing a multimillion dollar lawsuit against BET and Viacom for what transpired on that jacked up evening.   He's requesting $2.5 million dollars in damages and an apology for the damage the incident did to his reputation  

In a post on his website yesterday he explained why he did so.  

“I’m sure by now you’re aware of an unfortunate incident that occurred while I was serving as Style Stage Correspondent for the 2013 BET Awards Pre-Show. After sharing my open letter with the world I’ve received tons of support from family, friends and love muffins for which I’m truly grateful.
While I want nothing more than to put this incident behind me and move on with my life, I still wholeheartedly believe that I’m entitled to a true public apology. BET’s non-apology statement added more insult to injury. What happened to me was not a ‘miscommunication’ nor was it ‘unintentional’. It was wrong. I have been vehemently trying to come to a resolution with BET and Viacom behind the scenes. After a few weeks of back and forth dialogue with no foreseeable resolution, I have filed a lawsuit against BET and its parent company Viacom for discrimination on the basis of gender identity, gender expression and sexual orientation..
Over the years my love muffins and strangers alike have questioned me about my gender identity. What IS B. Scott? As a society we’ve been conditioned to believe that a person has to be ‘exactly’ this or ‘exactly’ that. Biologically, I am male — as my sex was determined at birth by my reproductive organs.
However, my spirit truly lies somewhere in between. It is that same spirit that has allowed me to become so comfortable in my skin, choose how I express myself, and contributes to how I live my day-to-day life.
It is by that definition that I accept and welcome the ‘transgender’ label with open arms.
It is also by that definition that BET and Viacom willingly and wrongfully discriminated against my gender identity during the 2013 BET Awards Pre-Show.
Let’s be clear — I’m suing BET and Viacom for a true public apology and to be fairly remunerated for the time lost, humiliation and emotional distress this entire situation has put me through.”
- See more at: http://madamenoire.com/290080/b-scott-stings-bet-and-viacom-with-multi-million-dollar-lawsuit-for-forcing-him-to-wear-mens-clothing/#sthash.Qu0U4GUp.dpuf

I’m sure by now you’re aware of an unfortunate incident that occurred while I was serving as Style Stage Correspondent for the 2013 BET Awards Pre-Show. After sharing my open letter with the world I’ve received tons of support from family, friends and love muffins for which I’m truly grateful.

While I want nothing more than to put this incident behind me and move on with my life, I still wholeheartedly believe that I’m entitled to a true public apology. BET’s non-apology statement added more insult to injury.

What happened to me was not a ‘miscommunication’ nor was it ‘unintentional’. It was wrong. I have been vehemently trying to come to a resolution with BET and Viacom behind the scenes. After a few weeks of back and forth dialogue with no foreseeable resolution, I have filed a lawsuit against BET and its parent company Viacom for discrimination on the basis of gender identity, gender expression and sexual orientation.
.
Over the years my love muffins and strangers alike have questioned me about my gender identity. What IS B. Scott? As a society we’ve been conditioned to believe that a person has to be ‘exactly’ this or ‘exactly’ that. Biologically, I am male — as my sex was determined at birth by my reproductive organs.

However, my spirit truly lies somewhere in between. It is that same spirit that has allowed me to become so comfortable in my skin, choose how I express myself, and contributes to how I live my day-to-day life.

Transgender is the state of one’s gender identity (self-identification as woman, man, neither or both) not matching one’s assigned sex (identification by others as male, female or intersex based on physical/genetic sex). [source]

It is by that definition that I accept and welcome the ‘transgender’ label with open arms.

It is also by that definition that BET and Viacom willingly and wrongfully discriminated against my gender identity during the 2013 BET Awards Pre-Show.

Let’s be clear — I’m suing BET and Viacom for a true public apology and to be fairly remunerated for the time lost, humiliation and emotional distress this entire situation has put me through.

It's the declaration that B. Scott is embracing the transgender umbrella after resisting it for years that is problematic for me and elements of the trans community. 

Many of us trans people have dealt with the slings, arrows, anti-trans hatred, crushing unemployment-underemployment and murderous anti-trans violence aimed our way as B Scott defined himself as a proud gay man. 

Now it seems to elements of us in the African-American trans community that alter all the years of ducking and dodging the question of whether he was trans or not, it's now happening as a multimillion dollar lawsuit suit has been filed. 

I'm quite aware of and know evolution and shifting along the gender line segment happens with people as they gain self-awareness and knowledge about where they fall under the trans umbrella.   I'm also quite aware of the fact that sometimes it takes years to get comfortable with the spot you're in under the trans umbrella.  But it's the timing of the 'I'm transgender' declaration that has my 'things that make you go hmm' antennae up.

The timing of this announcement also drove me to tweet this several hours ago after hearing the news about his justified suit.

When B Scott starts taking hormones and calling himself Brittany (or another femme name starting with 'B') and declares he's transitioning then I'll consider him part of Team Trans.

And I'll start using whatever pronouns B.Scott considers respectfully appropriate to his particular situation at this point in time.

Let me make it crystal clear, I have no beef with B.Scott.  What BET did to him earlier this summer was seriously fracked up and pissed me off as someone who fights for the human rights of everyone inside and outside the trans and SGL community. 

But as a proud African descended trans person who has discussed and written about trans issues for over a decade and does seminars, speeches and collegiate level education on this subject,  you can bet I'm going to be keeping an eye on this situation to ensure it doesn't drift into conflation territory or misrepresentation of a trans community that is still quite misunderstood in the African-American cis and SGL community.
 
Until I get and see more evidence that B.Scott's embrace of the transgender umbrella is genuine, permanent and not just related to this legal case, call me skeptical.   

Nigeria Passes Draconian Anti-GLBT Bill

While the international community was focusing on Uganda and its attempts to pass their blatantly unjust 'Kill The Gays' Bill, they should have also been focused on Abuja, Nigeria.

In the most populous nation on the African continent, the Nigerian House of Representatives today passed the unjust 'Same Sex Marriage Prohibition Bill' that criminalizes being gay or lesbian in the country, bans gay marriage in a church or mosque and outlaws any groups actively supporting gay rights.  It was already approved by the Nigerian Senate in November 2011 and is now on its way to Nigerian President Goodluck Jonathan for his signature.

If Jonathan signs it, gay or lesbian couples who marry could face up to 14 years each in prison.  If you witness the marriage, attend the wedding or helps a gay couple get married, you are risking a 10 year sentence behind bars. Anyone taking part in a group advocating for gay rights or anyone caught in a “public show” of gay affection also would face 10 years in prison if convicted by a criminal court.

As of yet President Jonathan hasn't indicated whether he will sign the unjust bill or not.
 
Save your breath if you're thinking that Western powers can put pressure on the 'Giant of Africa' by threatening to cut off financial aid.   Nigeria pumps 2 million barrels of oil per day and the United States is one of their major customers.  The last time I checked the price is hovering around the $90-$100 per barrel range.

Gay sex has been banned in Nigeria since the British colonial rule days and our gay and lesbian cousins there face open discrimination and abuse in a country divided by Christians and Muslims.   They may fight each other,  but the two things they universally agree on are soccer and uniform opposition to homosexuality.

So it'll be up to local activists in this nation of more than 160 million people, with the help of the international community as they did in 2007 and 2011 to do the bulk of the education and fighting against this unjust law. 

Chidi Odinkalu, the chairman of Nigeria’s National Human Rights Commission, said he only learned about the House’s vote late Thursday night and said the bill likely would be challenged in court.

Because right now, that's their only option if President Jonathan decides to sign this un-African and unjust bill

Deja Vu Trans EMS Death In New York?

In 1995 I was horrified to hear the story of 24 year old Washington DC trans woman Tyra Hunter, who died at the hands of a transphobic EMT and a doctor who let their transphobia override their obligation and duty to provide medical care in her hour of need.

Once again I'm stunned to hear about another case happening in which a New York EMS technician is alleged to have not done his duty and allowed a trans woman to die after going into diabetic shock.

This case happened back on June 15, 2012 in New York, but we're just now hearing about what happened to 30 year old Shaun Smith because her mother Jenette Cox has filed a lawsuit alleging that EMS responders let her child die because she was trans. .

Smith started her transition and hormone replacement therapy (HRT) in 2010.  She purchased estrogen, progesterone and spironolactone online and was taking them without consulting a physician.

It is alleged that after Smith complained of shortness of breath to her mother, Cox told Smith she would get her sneakers so they could go to the emergency room.  When Cox returned she found Smith unresponsive and called 911.  The ambulance arrived on the scene 10 minutes later, the EMS responders took Smith's pulse but said there was nothing they could do, according to Cox. 

Cox repeatedly asked why they were not trying to revive Smith. "They didn’t even open their equipment to try to work on him,” said Cox in the interview with the Sheepshead Bites blog. “They didn’t do nothing for my son.”

The EMS responders declared Smith dead at 4:42 AM EDT.  Court papers state Smith, who had no history of diabetes, died of diabetic ketoacidosis, which results from a shortage of insulin.

“This is somebody who needed urgent care and didn’t get it, and basically what stopped them were breasts on an originally male body,” said Ilya Novofastovsky, the attorney representing Cox in the malpractice and discrimination case against the NYPD and the FDNY, which operates the EMS.

Novofastovsky said discrimination against transgender people by emergency responders and medical workers is a nationwide problem that causes a delay or absence of care, and leads to additional suffering and even death for the patient.

Novofastovsky and Cox also named Harlem Hospital in their lawsuit, which Smith checked into on December 2011, complaining about a headache from having taken “too many diet pills,” according to the hospital report.  The medical report includes the hormones that Smith was taking at the time.

Novofastovsky alleges the hospital was also discriminatory in caring for Smith, having sent her to the mental health clinic rather than given medical care, where they might have discovered the onset of diabetes.

He points to the report from the visit, which diagnosis Smith with an “unspecified, drug induced mental disorder.”

I've written about medical transphobia and the stories of trans people who have had less than pleasant experiences not only accessing health care, but with first responders or medical personnel.  This isn't the first time less than respectful treatment of transpeople by first responders has happened in the Big Apple as this  ugly November 24,1998 incident involving transwoman Jolea Lamot bears witness to. 

It also points to the fact there is an ongoing need for Trans 101 education and training across all sectors for the medical community from medical and nursing schools to first responders and medical assistants in order to avoid another Tyra Hunter incident that could unnecessarily cost another transperson their life. 

Smith College's Trans Hypocrisy

Transteen Calliope Wong being rejected for admission twice by the prestigious all women's* school Smith College located in Northampton, MA has blown up and caused conversation all over the Net.  It wasn't grades or her SAT scores that caused the collegiate application rejections for this high school senior, it was her trans feminine status. 

Smith's admissions office told Wong the FAFSA designation makes her ineligible based on Smith's policy that applications and supporting papers consistently reflect that the student is female.


Wong's paperwork to Smith, including transcripts and references, identifies her as female.  But the Free Application for Federal Student Aid (FAFSA) form from the U.S. Department of Education marks her as male.   The state of Connecticut will not allow her to change the gender code on her birth certificate unless she has GRS, and she can't  change the gender code on the FAFSA form until her birth certificate is changed. 

Can you say Catch 22 boys and girls?  As Bet Power wrote in a March 20 Advocate comment thread on this story, "Trans people should not be compelled to undergo sexual reassignment surgery in order to change our gender ID legally to our proper gender! Our bodies are NOT the point. Our MINDS are."  


Needless to say the Whyte Womyn Gone Wyld trans oppressors are jumping up and down about it spouting their usual hateful claptrap.  In order to keep your blood pressure from rising when you read it I won't waste my time or yours linking to their hateosphere to highlight the usual vanillacentirc privileged potpourri of virulent transphobia. 

But the rejection of Wong by the college looks even more hypocritical in light of the fact that Smith College allows transmen to stay on campus if they transition after enrollment.

It's also galling in the fact that Smith has a social justice mission to educate women, but yet continues to deny that trans women are part of that mission and bar access to trans women who are qualified to go there.

"No one should have to go through what I went through, Wong told the NewYork Daily News via email. “Schools should be focused on building our next generation of leaders, not discriminating against them."

Smith has admitted only female students since it opened its doors in 1875 due to the lack of higher education opportunities for women.  Wong, elements of the trans community and our allies believe Smith seized on the FAFSA code as their excuse to deny Wong admission. 




Calliope published an email exchange on her Tumblr with Jon O’Bergh, Special Assistant to the Under Secretary of the US Department of Education, which appears to bolster her's and the trans community's perception of events and challenges Smith's decision.  It stated that “The FAFSA sex reported is only used for Selective Service purposes. Neither FAFSA nor the Department of Education cross-checks sex information with Social Security,”.

“Smith College could choose to accept me or at least process my application, if the administrators wanted to. Smith is not bound by any kind of federal mandate…Thus, Smith College’s decision not to process my application based on my FAFSA sex marker is at Smith’s sole discretion. Their hand was not forced; they chose this. Smith College is fully capable of reviewing my application and making an admissions decision for me based on my credentials. Just—it’s so simple, really. This is obvious discrimination on Smith’s part.”

Of course Smith says otherwise.   Laurie Fenlason, Smith's vice president for public affairs, said the school does not comment on the status or admissibility of individual applicants. But she added, "Every application to Smith is treated on a case-by-case basis, and application materials must reflect female identity."

Fenlason is claiming the school has legal concerns over changing its admissions policies and concerned they could lose federal funding under Title IX, a law that bans sexual discrimination in education but exempts single-sex institutions.

"Title IX is an important factor in our consideration but not the only one," she said. "Smith is focusing on the broader policy challenge of how to be inclusive and supportive of transgender students while being faithful to the mission of a women's college."

Yeah Smith, we get the point that applicants to Smith need to be female bodied and presenting as female.  That's not in dispute.  But for Smith to seize on the FAFSA form as your reason for twice denying Calliope Wong's application makes the school look hypocritical and shady not to mention transphobic.   It's also morally repugnant that Smith appears to be using the groundbreaking Title IX law as your excuse to exclude qualified transwomen admittance into the school.

Smith alums don't like it and neither do we trans women and our allies.  In addition to a supportive photo project that has popped up, a Facebook group has been created called Trans Women Belong At Smith College for supportive alums, trans people and allies who support the admission of trans women on campus.  .  

This issue isn't going away.  Trans people are transitioning as early as ages 5 and 6.   Those trans kids will grow up to become trans teens who one day will matriculate on someone's college campus.  Some of those trans teens may be trans feminine students who could be prospective students wishing to attend your campus one day.

Calliope, transwomen and our allies are determined to continue fighting to ensure those transkids if they have the grades and wish to do so when it's time to select a college have that option to attend a college such as Smith..

So Smith College you have a choice.  Will you willingly work on changing your admissions policies so they aren't blatantly discriminatory to trans feminine students?  Or will you have to create them in the wake of losing a trans discrimination lawsuit?

It's your call.    

Ads In DC Trans Respect Campaign Launched

I talked about it last month when the Washington DC Office of Human Rights decided in reaction to the string of ugly anti-trans incidents and murders in the District to launch a first of a kind anti-trans discrimination campaign.

This first of several posters of DC trans and gender variant people who are spokespeople for this campaign were released.  The one featuring DC transwoman Kisha quotes her saying, "I love wandering through Smithsonian museums, eating on H Street with friends, and going to shows at Howard Theatre."

It mentions the tagline for the campaign: "I’m a transgender woman and I’m part of DC. Please treat me the way any woman would want to be treated: with courtesy and respect."

The poster then points out discrimination based on gender identity and expression is illegal in the District of Columbia under its Human Rights Law and provides a website and phone number (202) 727-4559 to get more information.or report anti-trans discrimination

The formal launch for the campaign happened last night with an event attended by DC Mayor Vincent Gray.

“This District is committed to ensuring that all people are protected from discrimination, and that includes discrimination against the transgender and gender-non-conforming communities,” said Mayor Gray. “This landmark campaign from the Office of Human Rights is an important piece of a larger effort by my administration to ensure all residents have equal access to employment, housing and public services and accommodations regardless of gender identity or expression.”

As for the spokesmodel's thoughts on the campaign, Kisha approves of the message and thinks it will have a positive effect on the city..

"I think it’s going to have a great impact," she said. "The fact that it is going to be right there in your face. People will see transgender people. They’re going through everyday life, everyday struggles — the same as straight people, rich people, everyone. Getting the message out there … is going to be great."

The rest of your transpeeps around the country think it's great, too.   Major props to the DC Office of Human Rights and DC Mayor Vincent Gray for making it happen.

Malaysian Trans Women Challenge Discriminatory Law

There are some places on this planet in which it's hell to be trans to paraphrase the late Houston crusading consumer rights reporter Marvin Zindler, and Malaysia is one of those countries.

The nation of 28 million people is 60% Muslim, and Malaysia's Muslims are subject to both criminal and  Islamic laws.  

One of the problems for our estimated 20,000 trans sisters living there is that ever since a 1983 anti-trans fatwa was issued there banning gender reassignment surgery and cross-dressing, there has been increasing hostility, discrimination and intolerance aimed at Malaysian Muslims living their transsexual lives.

The end result of that faith based intolerance is being trans in this country is an act of moral courage and intestinal fortitude.  Interestingly enough the Malaysian federal constitution states that “no person shall be deprived of his life or personal liberty”, bars discrimination on the grounds “of religion, race, descent, place of birth or gender” and protects freedom of expression. 

Tell that to Juzaili Khamis, 24, Shukor Jani, 25, Wan Fairol Wan Ismail, 27, and Adam Shazrul Yusoff, 25 who work as bridal make-up artists, identify and live their lives as women.   According to their lawyer Aston Paiva, all have previously been arrested and continually harassed under Section 66 of the Sharia Criminal (Negeri Sembilan) Enactment, which bars Muslim men from dressing or posing as women.  .

All four transwomen with the help of Paiva are challenging the Islamic law that bars men from dressing or behaving as women in Muslim-majority Malaysia on the grounds it is unconstitutional.

Juzaili and Shukor are currently facing charges in court for violating that law and if convicted are facing a maximum fine of RM1,000 ($320) and up to six months in jail.

The landmark case was heard Thursday at the Seremban high court, just south of Kuala Lumpur, where the four claimed the Sharia law of the state of Negeri Sembilan infringed on their rights enshrined in the federal constitution.

Paiva told AFP Friday the constitution protects “the right to live in dignity and not be punished for what you are born as, including race and gender," he said. “They have a medical condition known as Gender Identity Disorder. They are anatomically male but psychologically female and they cannot change this.”

Pointing out that only Parliament can restrict freedom of expression, he added that Section 66 is unconstitutional as it is enacted by the state legislature.  The transwomen are also seeking a court order to prohibit their arrest and prosecution under the section.

Paiva said that Section 66 also violates:
*Article 5(1) of the Federal Constitution, which enshrines the right to personal liberty.
* Article 8(2), which states that “…there shall be no discrimination against citizens on the grounds only of religion, race, descent, place of birth or gender in any law…”
*Article 9(2), which enshrines the right of every citizen to move freely throughout Malaysia.
*Article 4(1), which declares void any law that is inconsistent with the Federal Constitution.

“Only men can be charged with this offence in this state – not women,” he said, adding that in other states, similar law involves immoral activities and not just dressing up as women.

He submitted that the challenge before the court is whether the state’s enactment is consistent with the Federal Constitution and not to rule on religion or religious precepts.

The next hearing in this case will take place October 11

Free CeCe Open Letter From Juli Goins

TransGriot Note: One of the things I will give the Sunday Melissa Harris-Perry show credit for is it did briefly touch on the CeCe McDonald case.

The momentum continues to get the Hennepin County defense attorneys Freeman and Senechal involved in the case to drop the charges since CeCe was 'standing her ground' against a transphobic white supremacist attacker who stared the confrontation and unfortunately was killed.

And while you're reading this, take a moment to sign the Change.org petition with over 12,000 signatures including mine asking Michael Freeman to drop the charges.

Here's an open letter sent to me from Juli Goins  of Goins v. West case fame to the Hennepin County defense attorneys.
Attorneys Freeman and Senechal:

I've experienced the short end of Minnesota human rights law as it impacts transwomen — differentially, negatively, and deleteriously so (635 NW2d 717). I know the neighborhood (especially around the Target and the Rainbow) where Ms. Chrishaun CeCe McDonald defended her life from these aggressors
(with nothing short of intersectional malice and alcohol on their minds). As a transwoman, I know that what CeCe did to save her life is precisely what I'd have done in her place.  Otherwise, she'd be dead today, and your office wouldn't give this much thought beyond deliberating a minimum sentence to her bias-driven belligerents for completing the bloodletting and death of a  "worthless black tranny."

What happened to CeCe in her neighborhood very nearly happened to me in September 1999, except in my neighborhood at Lyndale and 24th, and by drunken frat boys. The only difference: had it been me to have defended  myself with the unpremeditated death of one of those aggressors, I may have still lost the human rights case in 2001 (on the same backhanded technicality that let West Group walk from facing a trial they know they would have lost). But I'd also probably have most, if not all charges dropped by your office on a justifiable self-defense — for being approached, accosted, and attacked without provocation. That is only because I'm "blonde."  You know this. I know this. Many Minnesotans know this.

Attorneys Freeman and Senechal, drop these charges, or drop CeCe's bail to a perfunctory minimum to facilitate her release to family and community as her self-defense trial proceeds. She is no flight risk. Do this with haste. Do this with mercy. Do this to vet that Minnesotan transwomen of color in Hennepin County are citizens who have assurance of entitlement to legal par with "blonde" citizens in Hennepin County. As a transwoman, do this to restore a sliver of my faith in the spirit of Minnesota's tarnished justice system.

Mercifully yours,

Juli Goins
Appellant, 635 NW2d 717
(in re: Julienne Goins v. West Group)
Seattle

SEPTA Proposing To Remove TransPass Gender Stickers Next Year

Been writing since 2008 about the ongoing problem that gender variant people in the Philadelphia area have had with the gender code stickers on SEPTA TransPasses.  

The Southeast Pennsylvania Transit Authority (SEPTA) claims the stickers are on the passes to prevent cisgender heterosexual couples from sharing them but the unintended consequence of that policy according to a group called Riders Against Gender Exclusion (RAGE) has been that transgender and other gender variant people have been harassed by SEPTA personnel.

RAGE has been protesting the policy since 2009 and according to their Thursday press release:  

Riders whose gender expression does not match the sticker on their pass – for instance, transsexual men and women who are not living in one gender full-time, and genderqueer people who do not present themselves as distinctly male or female – have been harassed by drivers, outed as transgender to other riders putting their personal safety at risk, and have even had legitimate passes confiscated.

SEPTA General Manager Joe Casey is submitting a proposal to the  Board of Directors to remove the gender stickers from the monthly  TransPasses starting in late 2013.  

The action would also require public hearings that would take place in Spring 2013.   A report from a local Philadelphia television station claimed the SEPTA decision about the problematic gender stickers wasn't driven by RAGE activism around the issue 

Yeah, right.

Thanks to RAGE lobbying around the issue with supportive Philadelphia City Council members, a resolution was passed spearheaded by Councilwoman Blondell Reynolds-Brown calling on SEPTA to end the gender sticker policy. 

“We thank SEPTA for doing the right thing,” said Max Ray. “New fare system delays may be unavoidable, but SEPTA realized that human rights can’t wait. I’m proud of the tremendous amount of work that the transgender community has put into this project and all we’ve accomplished during this campaign.”

This is a major win for the trans community in Philadelphia who will hopefully once the stickers are eliminated be able to ride public transit in the city in peace, safety and without being disrespected once the new gender sticker free passes are implemented.