Kansas Trans People Suing State For Right To Change Birth Certificates

Kansas is one of three states  (Ohio and Tennessee are the other two) that obstinately refuse to allow trans people born there  to change their birth certificates under any circumstances. 

It's BS, so four Kansas trans residents filed a federal lawsuit on October 15 to change that unjust policy.   I was happy to discover but not surprised to find out that two of the four people suing are my Kansas based BTAC fam in Luc Bensimon and Nyla Foster

The lawsuit argues that the Kansas policy violates the due process and equal protection clauses of the Constitution.   It's also arguing that the policy violates the plaintiff's free speech rights.

The other plaintiffs in the suit are a transperson person identified as C.K., Jessica Hicklin, and the Kansas Statewide Education project (K-STEP)

The defendants are Jeff Anderson, secretary of the Kansas Department of Health and Environment; Elizabeth W. Saadi, the Kansas state registrar; and Kay Haug, director of the state’s vital statistics office, a unit of the Kansas Department of Health and Environment.
Bensimon said the state's unjust policy made it easier for people to discriminate against him, “on top of the discrimination I already confront based on my disability.”

“I’m here to seek justice,” said Nyla Foster, a transgender woman and one of the plaintiffs. “My birth certificate does not reflect the gender I identify as, and I’m here to correct it so I can move forward with my life.”|

At a press conference in front of the federal courthouse in Kansas City, Kansas, Lambda legal attorney Omar Gonzalez-Pagan explained why it was challenging the state's transphobic documentation stance.

"A birth certificate is more than a piece of paper.It's the quintessential identity document that follows a person from birth to death.  It must reflect a person's identity."

Gonzales-Pagan also pointed out that birth certificates can determine access to education, employment, healthcare, travel and impact the ability to obtain other identity documents.

Good luck to you in overturning this unjust policy.  Thanks Lambda Legal for having our backs again.

Support The Brazilian #NomeSocialEDireito Campaign

Our Brazilian trans family are fighting to keep a policy alive that allows them to use their social names in dealings with the Brazilian federal government.

The backstory starts with embattled Brazilian President Dilma Rousseff issuing before she left office for an interim president pending the result of her impeachment trial issuing Decree n.8.727 that allows trans folks to use their social  names in federal government situations and settings.

But a Brazilian politician unfortunately is pushing to have the Rousseff issued decree invalidated, and that would cause problems for many of our Brazilian trans cousins.

The attempt to invalidate Decree n.8.727 is instead serving to galvanize the Brazilian trans community in a 'we're fed up and not gonna take it any more' way.  A social media campaign has popped up #NomeSocialEDireito with the goal of keeping the decree in place.

Brazilian trans people and their allies are asked to take photos with the #NomeSocialEDireito hashtag which translates in English to 'My Name Is My Right'.

Here's hoping my Brazilian trans fam is successful in keep Decree n 8.727, and success in doing so leads to more wins in Brazil for our trans family.

Trans Bolivians Gain Ability To Change Gender On Identity Documents

South American nations have been international leaders  in passing trans friendly human rights laws, and Bolivia just became the latest South American nation to do so.

While Bolivia's constitution since 2009 has prohibited discrimination based on gender identity and sexual orientation, unfortunately hearts and minds have yet to catch up with the laws.  But TBLGI activists keep fighting for their humanity and respect despite that slow pace of acceptance.

After local trans activist Raysa Torriani proposed a bill three years ago to the national assembly that would allow trans Bolivians to change their name and gender markers on official identity documents, the Ministry of Justice announced an administrative policy change that will allow trans Bolivians to do so.

Justice Minister Virginia Velasco Condori announced at a Wednesday press conference that the Ministry of Justice has issued an administrative order that changes the law and policies relating to civil registration that include the General Service Personal Identification Number and the Civil Registry Service.

Persons wishing to change name and gender markers on identity documents must apply to the Ministry of Justice and undergo a psychiatric examination before the process is approved.

It's not as good as the Argentine Gender Identity Law that is considered the gold standard of international trans identification laws, but it's a start.

British Trans Woman May Not Be Getting Locked Up With The Cis Boys

One of the problems we have had when trans women have been incarcerated for law violations is that far too many prisons operate based on the genitalia you possess and not gender presentation

For trans women, that is a problem that leads to them being mistreated by guards and inmates alike and walking targets for sexual assault. Combine that with a documentation issue, and you have a recipe for disaster

26 year old British trans woman Tara Hudson was harshly sentenced by magistrates in Bath to 12 weeks in the all male Bristol prison after admitting to headbutting a bar manager.   Never mind the fact that she has been on hormones, lived as Tara for six years, had reconstructive surgery, and been declared by her medical doctor as a woman.   But because she doesn't have a Gender Recognition Certificate, a document that confers legal recognition of her gender and it time consuming and expensive to get, she is facing having to do time in a prison in which according to an inspection report, levels of violence have risen since the last inspection and not enough was done to protect vulnerable prisoners.

And we can visualize the hell that would ensure for her if she was thrown into that situation.

After 122,000 people around the world signed a Change.org petition asking for Hudson to be moved to a women's prison, that request is not only being considered, but her case is being reviewed.

Her mother is hoping that the sentence will be reduced so that she can spend it at home on an electronic monitoring tag.

But Hudson should have never been put in this dangerous situation in the first place. It's time for Britain to listen to its trans citizens and consider changes in the 2004 Gender Recognition Act hat would allow self declaration of gender identity without the bureaucratic hoops and fiscal burdens that come with the current policy.

TransGriot Update:  Hudson will be transferred to a women's prison to serve her sentence. 

Christie Vetoes Trans Birth Certificate Bill For Second Time

Governor Transphobe, er Chris Christie (R-NJ) showed his transphobic side again to the people of New Jersey, its trans citizens, the nation and the world by vetoing for the second time a bill that would have allowed trans and intersex people the opportunity to get a clean copy of their birth certificates without undergoing genital surgery..

I would have had he signed it, allowed for a person’s gender marker to be changed upon receipt of a note from their health care provider indicating that the individual has undergone treatment appropriate for a gender transition, in accordance with the most recent medical standards for treating gender dysphoria.

Several states and the District of Columbia already have such policies in place, and this is the second time that he has vetoed such a bill, citing 'fraud and abuse' as his cover excuses for doing so.

Activists in the Garden State were hopeful but not surprised that this veto happened.   There was hope that because this 2015 version of the bill had more bipartisan support, he would possibly sign it, but LGBT activist in the state were less optimistic about that possibility.   They pointed to his need to pander to the GOP conservative base in the rest of the country in an attempt to bolster his 2016 GOP presidential nomination aspirations as to why this TBLG bill would probably get vetoed by him .

As for the possibility of a potential override of his veto?  Not likely even though the Democrats have the majority in both the Assembly (48-32) and the Senate (24-16)    An override would require 27 votes in the Senate, and 54 votes in the Assembly.

That means it would require six Republicans to join that effort in the Assembly and three Republican senators to do so in that chamber, and Republican legislators have traditionally supported their governor..  

The trans birth certificate bill initially passed the Senate 30-6, with four members absent, and the Assembly 51-23, with six members absent.

So trans and intersex New jersey residents once again got thrown under the political bus by their GOp governor.   Why should I not be surprised by that development?

Why Is It Taking This Latina Nearly 5 Years To Get A Passport?

MeChelle Salinas is a hardworking Austin based hairstylist and makeup artist who I met when I attended my first Southern Comfort Conference in the ATL back in 1999.   She's a native Texan born in the Rio Grande border town of Eagle Pass who loves to travel, and would love to have the ability do so internationally.

For that as everyone is aware of, you need a passport.   But MeChelle has been stuck in a bureaucratic nightmare that has dragged on for now almost five years just to get it.

Acquiring the identity documents we need as trans people can sometimes be a pain in the behind as my nine month battle just to get my Texas drivers license was testimony to.  There are also times that we trans people as forced to jump through hoops and encounter additional procedural hurdles before we even can get those necessary identity documents.

Being born in Texas makes Salinas an American citizen by birth.  Both of her parents are also American citizens. But she was also born in her parent's Eagle Pass home with the assistance of a midwife instead of in a hospital.

That's her first problem.  Problem number two is Eagle Pass is on the US-Mexican border. And oh, did I also mention that on her way to adulthood she came out to her family as trans in her teens?.

"I just wish people would open their minds and hearts and accept that we are all human, no matter what gender you chose to be,." says Salinas as we discussed her situation.

Fast forward to a now in adulthood Salinas starting the process to get her new passport.   She has a copy of her certified Texas birth certificate.   She has copies of her doctor's and medical records going back to infancy.  She has copies of all the paperwork for her legal name and gender marker change that occurred in 1998.  She has even enlisted the help of her local congressman Lloyd Doggett to try to break the bureaucratic logjam to acquire her passport.

She has even held a US passport in the past.  "I had a passport before. But they are claiming that any passport info over 20 years old was deleted from the system."

But because the paperwork and documents she has in her possession have been deemed  as 'insufficient proof' of American citizenship, the passport reapplication process she started in 2010 has now been stuck in the bureaucratic maze for nearly five years.

Salinas shared with me the reason she was reapplying for her US passport was also work related.  "I was hired by one of my regular clients to do a wedding in Italy.   I had been doing her hair since she was 8 years old and I was not only looking forward to that trip to see her get married, but get a chance to get paid doing what I love at the same time." she added.

"Because of the passport problems, I not only missed out on that trip and the money I was going to get paid, but I also missed getting to see one of my longtime clients get married.".

Salinas is frustrated that she not only missed out on that paid wedding opportunity, she's upset that she's still enmeshed in this bureaucratic nightmare when all she wants to do is get her passport, have it in case opportunities like that missed Italian wedding pop up in the near future and start traveling the world.   She is searching for an attorney to help her out.

Salinas also suspects that because of her intersectional status of being a trans Latina who happened to be born on the US-Mexico border, in a time in which anti-Latino immigration animus is being stirred up in the United States for political gain combined with transphobia, are factors in why her passport reapplication application process is moving at a glacially slow pace.

"It has taken me three years just to get a caseworker," said Salinas. "It's been so hard and frustrating that I have almost given up. But I know I have to fight to make it happen.  I'm just tired and frustrated about the whole experience right now.." . 

"I was denied by mail. All my info and paper work was sent back and I was told to try again in 60 to 90 days " she added. "They also kept every cent of the fees I had paid to them as I .was left with once again to starting the process again from scratch"

"When I asked the caseworker what would change in 60 to 90 days to be able to get my passport she answered, 'I don't know' '".

Despite the emotionally draining at times bureaucratic drama, Salinas is hopeful that she will eventually get her passport and will soon be jetting off to the places that she has dreamed about visiting since she was a child.

And I hope that happens for MeChelle as well.

Colombia Allows Gender Marker Changes Without Surgery

Identity documents that accurately reflect our expressed gender identities are an important issue for trans people around the world.

The nations of Argentina, Spain, Uruguay and Denmark allow trans people in those nations to make those changes to identity documents without surgical intervention, and Ireland and Malta are on track to join that small but expanding list of nations doing so. 

Two South American nations are leading the way in the Western Hemisphere when it comes to the human rights of trans people and there was a surprising new entrant to that list in Colombia.

Colombia is conservative leaning and Roman Catholic, but has made some interesting strides on the TBLG rights front lately as the grip of the Catholic Church in the country has waned and more GLBT people have become visible in Colombian society.    A nondiscrimination law protects LGBT people on the basis of employment, and  now a major step forward for trans Colombians has occurred.

Colombia began allowing its transgender citizens to legally change how their name and gender are registered on government identification cards without having to endure intrusive physical and psychological examinations or surgical intervention to prove their gender.

Under the new policy, Colombian transgender people can simply present a written request, with their name and national identity card number, and copies of their national identity card and birth certificate. The process should be completed within five business days.

Will be nice to see the day when my own nation will allow me and other trans Americans to do what our trans cousins in Colombia can now do.

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Ireland Agrees To Trans Self-Determination For Gender Recognition Bill

One of the problems that trans people around the world share is identification that matches who they are now, and barriers to acquiring that ID like requiring genital surgery.
Was nice to hear courtesy of the Transgender Equality Network Ireland that the Tánaiste and Minister for Social Protection, Joan Burton, T.D. announced that, following the agreement of Cabinet, the application process under the Gender Recognition Bill will for people aged 18 years or more, be based on the person's self-declaration by way of a statutory declaration.

The Gender Recognition Bill will also no longer contain the controversial 'forced divorce' clause that Irish trans people had serious problems with..

"TENI applauds the Government for this hugely significant move. Ireland has now taken its place as an international leader in this human rights area," said TENI Chief Executive Broden Giambrone. "The Government has shown great vision and conviction in ensuring the rights of trans people. This legislation will significantly improve the lived realities of trans people in Ireland."


Speaking after the Cabinet meeting, the Tánaiste said: "Throughout the drafting of this Bill, I have listened carefully to the views of individual citizens, representative groups and public representatives. It is essential that this important legislation is in line with international best practice. That is why we are moving to a self-declaration model for people aged 18 and over. This approach will have no impact on the treatment pathway which is completely separate from the civil registration process."

TENI Chair Sara R. Phillips said after today's announcement: "This is a momentous moment. To be given the respect to self-determine our gender is true equality. For once I can believe our community are seen as full equal citizens. Today I am so proud of our country."

Indian Trans 2015 PTHC Conference Participant's US Visa Held Up

For those of you who have been attending the upcoming Philadelphia Trans Health Conference that will happen June 4-6 for years, you are quite aware of the fact that the largest trans conference in the United States has garnered a well earned and growing international reputation.

Last year when I attended my first PTHC, I was pleased to discover there were folks from several nations walking those Pennsylvania Convention Center halls and doing panels. 

I met a trans brother from South Africa during one of the panel discussions I'd attended, and had a fascinating conversation with him after it concluded about trans issues in his nation.

Since the trans human rights movement is an international human rights movement, anything we can do as Americans to educate and inform ourselves about what is happening internationally is a bonus to what we are trying to do here.

One of those international trans people invited to participated in this year's 14th edition of PTHC is India's Amruta Soni.  She is an Advocacy Officer for the Hindustan Latex Family Planning Promotion Trust and is scheduled to speak at PTHC about trans people living with HIV in India on June 5, but the granting of her US visitor's visa has been held up.

The Indian government has enacted a policy that took effect in April which allows trans people in that nation to use a third gender option, denoted by a 'T' in the gender marker on their passports.   Soni has a new passport with the 'T' designation she received on April 17, but when she applied for her US visa, the forms only have binary gender options, so she chose female.

When Soni attended her May 5 visa interview at the US consulate in Kolkota, her visa was neither approved or denied, but was told her application was put on hold because they didn't have information about the 'T' designation, and could only consider the M (male) or F (female) options.

Soni said to the Times of India in an interview, "When the Indian government recognizes us as the third gender, why is the US government so indecisive about it? 

Soni is looking forward to coming to Philadelphia for the PTHC, and expeditiously approved.  Soni said, "it's a great opportunity and I hope I don't miss it out due to my sex".

I and the PTHC organizing team hope you don't miss out on it either, because it would also be a travesty if you couldn't be there to talk about your experiences in India because of a denied visa application.

TransGriot Update:  Soni's visitors visa was granted Thursday after her application was held for two days, so PTHC peeps, you will see her speak on June 5.

Hawaii Passes Bill Removing Genital Surgery Requirement For Birth Certificate Changes

Identity documents that match a trans person's current lives are vital doe multiple reasons.   ID's that have correct name and gender markers are not only wonderful for that person's sense of self and psychic well-being because they are being recognized for who they are, they prevent the trans person in question from being opened up to discrimination

Six states and the District of Columbia have led the way in removing the genital surgery requirement before they would change the gender marker on a trans person's identity documents.

Colorado's attempt to join the states that do so passed the House, but was defeated in the GOP controlled Senate.

Hawaii became the seventh state to do so when the Hawaiian legislature advanced HB 631, a bill that would allow residents of the state to submit a note from a physician or mental health professional instead of undergo a genital surgery. to change birth certificate gender markers.

It passed a key committee hearing April 30, and subsequently passed in the Hawaiian House and Senate on Tuesday.   As usual, the GOP hated on it.

"We're going down a very sketchy path here and in effect doctoring the truth," said GOP Senator Sam Slom. "You're either born a man or a woman and that's the way it is."

Umm no, Sam, you are born an infant, and grow up to become an adult  male or female.  Guess you were asleep in science class that day since you and your GOP friends have such a hard time grasping that concept. 

Attorney and Equality Hawaii parent advocate Rebecca Copeland had a different take on the just passed bill. 

"It's the lack of recognition in society that really hurts people," Copeland said. "When people look at it and it doesn't reflect who they are it can really have devastating consequences."

The bill now goes to Gov. David Ige (D) for his signature.