Lawsuit Filed Against Unjust NC Anti-Trans Bill

In some good news after a horrible legislative week for trans kind, a lawsuit was filed in federal court today against the unjust HB 2 anti-trans bill.

Lambda Legal, Equality NC,  the ACLU, ACLU-NC  and three individuals filed suit against the unjust bill that nullified local civil rights ordinances and attempts to enact Jim Crow style bathroom restrictions upon trans North Carolinians and trans visitors to the state.

“By singling out LGBT people for disfavored treatment and explicitly writing discrimination against transgender people into state law, H.B. 2 violates the most basic guarantees of equal treatment and the U.S. Constitution,” the lawsuit argues.

The complaint argues the law violates people’s equal protection, privacy, and liberty rights under the Fourteenth Amendment to the U.S. Constitution and their civil rights under Title IX of the Education Act of 1972. The lawsuit is asking for a declaratory judgment that the law violates the Constitution and Title IX and an injunction against enforcement of the law.

We'll see how this case plays out as it winds its way through the federal court system.

TransGriot Update:  NC AG Roy Cooper, who is running as the Democratic candidate for North Carolina's governor, announced that he would not be defending the unjust HB 2 law in court.

SD House Fails To Override HB 1008

If you thought the drama over HB 1008 was over when Gov. Dennis Daugaard (R) vetoed the bill Tuesday, well it wasn't. 

Never underestimate the eager determination of Republicans and the outside groups pushing the unjust bills to oppress a downtrodden group.  They've made it clear that oppressing trans people is on the legislative agenda for their party in 2016. 

One of the reasons the anti-trans hate groups like the Liberty Counsel and the Alliance Defending Freedom chose South Dakota for this fight is because the Republicans in the Mount Rushmore State have had decades long supermajorities in both houses.  They have controlled the 70 member South Dakota House since 1976, and the 35 member South Dakota Senate since 1996.

The Republican controlled House attempted to jump start the process today of overriding the governor's veto.  They needed to get two-thirds of the House members to vote for the override resolution, and then do the same in the senate in order to successfully override Gov. Daugaard's veto and make HB 1008 law.

The vote to override in the SD House went 36-29 with five abstentions, which means it failed to get the necessary two-thirds support. to send it to the senate and turn this unjust bill attacking the humanity of SD trans kids into an unjust law.

Translation: HB 1008 is DEAD!

They failed thanks to the determined efforts of South Dakota based trans people, advocates at the local, state and national level and their allies. 

But there is still one more anti-trans bill, HB 1112 still percolating in the South Dakota legislature we have to keep our eyes on that is attacking our trans kids.

I hope the South Dakota legislature will see the wisdom of not attacking the humanity of trans kids and let that unjust bill suffer the same fate.

 

Down Goes The Unjust Washington Anti-Trans Bill!

Breaking news out of Washington state concerning the unjust SB 6443 bill sponsored by Sen. Doug Ericksen (R-Ferndale) specifically filed to overturn a Human Rights Commission ruling favorable to the Washington state trans community.

It unfortunately escaped the GOP controlled Commerce and Labor Committee on a party line 4-3 vote to the full GOP controlled Washington senate.

But thanks to your calls and protests, and the work of people walking the halls in Olympia  getting the word out about the unjust nature of SB 6443, the bill failed to pass on a 25-24 vote.

Three Republican King County senators were crucial in killing SB 6443, since Democratic senator Jim Hargrove voted for the bill.

The Gender Justice League's Danni Askini tweeted this moments after the bill died:

"We did it.  WE KILLED THE BILL.  Thank all D's except Sen. Hargrove and thank Sen. Hill, Sen. Litzow & Sen. Fain -- all R's who were with us"

Congrats Washington state trans community for your legislative win!  

Unjust Washington State Anti-Trans Bill Out Of Senate Committee

Some bad legislative news out of Washington state in which Senate Bill 6443 escaped the Republican controlled Commerce and Labor Committee on a party line 4-3 vote at a hearing in Olympia in front of an overflow crowd estimated at 300 people...

The unjust bill was sponsored by Senator Doug Ericksen (R-Ferndale) specifically to overturn a rule that allows trans people in Washington state to use gender segregated locker rooms and bathrooms in public buildings that correspond with their gender presentation.   Trans people have had their human rights covered in the state since 2006, and the December 26 ruling by the state's Human Rights Commission was simply a clarification of that anti-discrimination law.

But now that it's GOP policy to transphobically attack by legislative means the human rights of trans people, you could smell this legislative caca coming.

While this unjust bill may pass in the Republican controlled Senate, it is DOA when it arrives in the Democratically controlled House.   House Bill 2589, its companion bill and HB 2782, another transphobic bill that was filed to also attack the Human Rights Commission ruling, is bottled up in the House Judiciary Committee chaired by Rep Laurie Jinkins (D-Tacoma) and she has made it clear that neither unjust bill will get a hearing in her committee.

Even if by some miracle either did get out of committee and pass the House, Governor Jay Inslee (D) is waiting with his pen to veto it.

Don't panic yet Washington trans community. The haters won a battle.  They haven't won the war, and as long as y'all stay vigilant and handle your legislative business in Olympia they won't.

You may wish to get busy writing and calling your state senators and urging them to oppose Senate Bill 6443 and calling or e-mailing your House reps to urge them to do the same and kill House Bill 2782.

You may also wish to call or write Rep Jinkins, Sen Bob Hasegawa (D-Seattle), Sen. Steve Conway (D-Tacoma) and Sen. Karen Keiser (D-Kent) and thank them for standing up for your human rights.

And FYI, trans Washington, when these human rights heroes and sheroes run for reelection, kick them some T-bills and do whatever it takes to ensure they stay in Olympia defending your rights.

You also need to give Danni Askini of the Gender Justice League some love for also standing up to fight for the human rights of trans Washingtonians.

Then once the session is over y'all need to punish the haters and support your friends at the ballot box.

So When Does it Become 'Offensive' For A Trans Woman To Bare Her Chest?

Back in 2011 I wrote about the case of Andrea Jones, who bared her chest to protest Tennessee's refusal to change the gender marker on her driver's license despite despite having genital surgery and was arrested for indecent exposure despite the state of Tennessee's refusal to change the gender marker on her birth certificate.

The police report when Ms. Jones was arrested at the time misgendered her. “Mr. Jones continued to yell that he had the right to show his breasts in public,” it read, “and wanted to be recognized as a female.”

The issue also cropped up when supermodel Andreja Pejic, during the androgynous modeling phase of her career, was bare chested on a 2011 cover of Dossier magazine that Barnes & Noble stated they would only stock on its shelves if the magazine was in an opaque cover

Well, the passage of four years hasn't made the issue go away. It's a question that is being asked again because of that sexist double standard on Facebook and Instagram that allows men to bare their nippled chests but women cannot show theirs.

The exceptions to the policy are women breastfeeding, showing breasts with post mastectomy scarring, and sculptures and art featuring nude bodies

And it's being challenged by 24 year old Canadian trans woman Courtney Demone.   In a Guardian interview she asks, "So at what point in my breast development do I need to cover my nipples?  I already feel shameful about them being visible, but at what point does society say it's unacceptable for them to be out?"

The Facebook and Instagram community standards policy removes images of genitalia and of women's breasts, but not of bare chested men.

Demone campaign is another arm of the #FreeTheNipple movement started by actor and producer Lina Esco, that seeks to challenge societal and social media censorship of women's bodies and desexualize the portrayal of women's nipples in Western society.

It's a campaign that public figures such as Naomi Campbell, Rihanna, Cara Delevigne, Rumer Willis and Miley Cyrus have lent their support to.

For transkind, it's a question that goes to the core of our identities, and it is one that both trans men and trans women face.  At what point does it become acceptable for a trans man to bare his chest, and at what point does the societal script flip for trans women and it becomes unacceptable for us to not be able to?

ESPA Sells Out NY Trans Community One Last Time

I have not been a fan of the Empire State Pride Agenda (ESPA), and my dislike of the organization goes back to them throwing the New York trans community under the human rights bus and lying to Sylvia Rivera on her deathbed in 2002 when gender identity language was cut out of SONDA.

ESPA made the usual 'we'll come back for you' incremental progress promises lies in 2002 to bust their behinds to get human rights coverage in New York State for trans people that were once again broken and put on the back burner in 2011 when they raised their appletini glasses and pushed gay marriage through the NY senate as GENDA, the proposed trans rights bill that has passed the NY Assembly for multiple consecutive sessions was stalled in the NY Senate.

In a shocking except to the trans community move, ESPA announced they are shutting down, claiming that with the signing by Gov. Andrew Cuomo (D) of the trans rights executive orders, they have accomplished their mission.

No boo boo kitties, you haven't.  Until GENDA is passed, you HAVEN'T accomplished your human rights mission because trans rights executive orders do not equal passed legislation with teeth on the NY legal books as you New York gay and lesbian peeps have enjoyed since 2002. And all it takes as we have observed repeatedly at the federal level and around the country since 1992 is a change in governors or a POTUS to erase those executive orders.

I find it interesting that ESPA felt like their job was done in a time when trans New Yorkers are still being beaten and killed for living their trans truth and an anti-trans flavored right wing backlash is building that will be relentless in attempting to roll back and eviscerate everything that was painstakingly accomplished.

I also found it ironic that the guy responsible for throwing the trans community under the bus in 2002, then ESPA ED Matt Foreman, blasted the move

As for the assertion that organizations have a life cycle, the NAACP has been around for over a century because the missions of the NAACP have changed since their founding, and once they accomplish one goal, they adapt to the times.

As for trans New Yorkers?   Well, looks like you've been sold out by ESPA for the last time as they make the moves to shutter the doors of the organization after the ball drops in Times Square to usher in 2016.  .

Well trans New Yorkers, looks like you're on your own in getting GENDA and other community organizing priorities done.

But I have no doubts that once y'all figure out your options and come up with a solid multi year plan to make it happen, you'll get it done.

Federal Canadian Trans Rights Bill Introduced For Third Time

Now that Canada has moved on from a Conservative majority government to a Liberal majority one under newly inaugurated prime minister Justin Trudeau, the NDP's LGBTQ Critic and MP Randall Garrison as promised will try again for the third time to introduce a federal trans rights bill.

The Trans Rights Bill, now numbered as Bill C-204, was introduced yesterday.  Bill C-204 is a private member's bill authored by Garrison that will once again attempt to if passed, give trans Canadians federal human rights coverage by amending the Canadian Human Rights Act and the Canadian Criminal Code to include gender identity and gender expression.

C-279, the previous Trans Rights Bill authored by Garrison passed the House of Commons in the previous session of parliament in 2013 but was shadily stalled and bogged down short of Third Reading passage by Canadian Senate Conservatives.

The Liberal majority has promised to introduce their own bill, and we'll see how fast it happens.

But one thing our trans Canadian cousins and their allies like MP Garrison all agree on is that it is past time for their home and native land to protect the human rights of their trans citizens.

And those of us south of the border hope after some disappointments, that it happens soon.

I Won't Allow You To Trample On My Human Rights Or My Dignity

I had a high school classmate of mine make a transphobic comment on her Facebook page that I called her out about early Sunday morning while I was in Massachusetts.  

While I was traveling back to Texas she deleted the comments and blocked me from her page which is her right to do.  I then exercised my First Amendment free speech rights to call her behind out about the transphobic comments on my Facebook page, and wrote an open letter to her trying to explain what was wrong with what she wrote. and why it is hurtful to trans people.

After I did so, she ,her daughter and two other people swarmed my Facebook page and unleashed transphobic attacks at moi while trying to hide behind the Bible and claiming I had 'attacked her'

Naw boo boo kitty.  If I had attacked you, you and the whole world would have known about it.  

But the bottom line is this FB mess gave people an opportunity to see just how embedded anti-trans attitudes are in the Houston Black community, and how much transphobic ignorance is being sowed by these ministers in I hope will be another failed effort to overturn HERO on November 3.

It has also shown me that multiple clear the air town halls between Black cis women and Black trans women will be necessary post Prop 1 in the wake of all the anti-trans rhetoric pimped by the Baptist Ministers Assn. of Houston and Vicinity that has filtered down to the flock level.

But I also need to send a message to Black Houston since you're refusing to have Black trans representatives on air to rebut the ignorance being spread in Houston television media and on Majic 102 and KCOH-AM.

It's past time for Houston's Black trans folks to start calling out our Black community oppressors instead of silently sitting there letting them spew anti-trans rhetoric in the blogosphere and elsewhere with impunity.  I am sick of transphobes unleashing anti-trans hatred, and when you call them out on their nekulturny behavior, try to hide behind the Bible, accuse you of 'attacking them' or trot out that trifling 'agree to disagree' line

There is no 'agreeing to disagree'' when your loud and wrong attitudes are being used to demonize and oppress a community or take human rights away.

And if it means I'm going to be the only one standing up to Ben Hall, Majic 102, KCOH-AM and the Baptist Ministers Association of Houston and Vicinity to do it, then yeah, I'm going to go there and be the sword and shield for our community in conjunction with our allies that aren't liking the rampant transphobia being unleashed in H-town either.

You are going to be called out for it, and if you don't like me or any other transperson you attack that way calling your behind out and holding up the mirror on your transphobic azzes, I give zero phucks about it.

If I'm not scared to call out politicians, HRC and a long list of people for their transphobic BS, what makes you think you're immune?

There are times when being polite doesn't work, and you have to call a trifling mofo out, especially when that trifling mofo is attempting to trample on your human rights and your dignity.

New rule for the 2K10.  I wonk allow you or anyone inside or outside of the Black community to tranple on my human rights or my dignity. 

Nikki's Trans Marriage End Game In Sight

Ever since the story broke back in 2010 that the widow of fallen firefighter Thomas Araguz III was a girl like us, I've been following it as the mother and ex-wife of Araguz tried to use the odious Littleton v Prange case as a way to do a money grab and stick it to Nikki at the same time.

Unfortunately in their zeal to hate on her, the ripple effect consequences were that the ability of Texas trans people to get married in the Lone Star State and have it recognized by the state were placed in jeopardy and riding on the results of this high stakes Araguz vs Delgado case.

I say high stakes because no matter which way it went, it would either set a precedent that would advance the human rights of Texas trans people or set them back.

Along the way, I've gotten to know her after our first meeting back in August 2010, and have admired her for sticking up for herself and her human rights.

After six years, a court loss at the district court level, getting remarried and two legal wins at the appeals court and Texas Supreme Court level combined with the Obergefell SCOTUS marriage ruling that made the issues Delgado sued on moot,

On Friday the 13th Texas Court of Appeals affirmed their 2014 ruling that reversed the one invalidating her marriage of Judge Randy Clapp in Wharton and sent it with a mandate back to his court,

"It's the most beautiful twist of karma. The judge to so viciously ruled against me now has to reverse his own ruling," said Araguz Loyd in an interview Monday. "It's never been about money. It was not about money when I married my husband. It certainly was not about money when I buried him."

Now it's just a matter of Nikki waiting for the final legal acts to play out in this long delayed and hard fought win for not only her, but all Texas trans people.

What Is Trans Activism?

I recently had some allegedly Black 'gender critical' transwoman(?) step to me with some BS trying to put out in the Twiitterverse  a loud and wrong interpretation of what trans activism is.

After I went Cookie Lyons on her clueless behind, I took a moment to ponder as someone who have been actively involved in making trans human rights a reality for the last 17 years, my thoughts as to what exactly Trans Activism is about.

Ahem, school is in session.

Trans Activism is an international human rights movement to recognize our humanity and protect it with the force of law in all the nations that we inhabit.

Trans Activism is creating the societal conditions for respect, acknowledgement and acceptance of the humanity of trans people..

Trans Activism is pushing for the ability to be able to fully participate in society without stigma.and live a quality life at any age.

Trans Activism is pushing for medical transphobia free, culturally competent and affordable trans and non-trans specific health care.

Trans Activism is pushing back against inaccurate, transphobic and outright false portrayals of our trans lives in the media and trans people doing more to ensure control of that collective media message.. 

Trans Activism is fearlessly speaking truth to power inside and outside the communities we intersect and interact with

 Trans Activism is having the opportunity and ability to enjoy the same first class citizenship and human rights  that cis people take for granted.

Trans Activism is making sure we exercise the citizenship rights we have under our control such as voting, lobbying legislators, and running for public office.

Trans Activism is ensuring we have a participatory seat at the table to formulate the policies that impact us, and building and sustaining our own organizations to ensure we are able to do so..

Trans Activism is knowing our trans history, defending it from erasure by whoever tries it, and passing it on amongst ourselves and to the next generation of trans people.

Trans Activism is fighting for the ability to openly walk down the street without being harassed, misgendered, assaulted or murdered just for having the courage to live our authentic lives.

Trans Activism is developing and maintaining pride in being a trans human being and developing community rooted in that pride of being trans men and women.

Trans Activism is the ability for those who wish to do so, openly serve in the armed forces of the various nations we inhabit.

Trans Activism is building  up trans economic power to complement our social and political power.

Trans Activism is engaging in ongoing leadership development, constantly ensuring that the folks who do step up to leadership roles are up to the task, and those leaders are held accountable to the community for their actions or lack thereof on our behalf..

Trans Activism is acting intersectionally in genuine reciprocal partnership with others, supporting them in their hour of need and working together on issues of mutual concern.

Trans Activism is fighting for the day that trans people are accepted, valued and fully integrated in society, our human rights are codified into law, and our existence and humanity is not subject to debate.

(We Gottta) Fight For Our Right To Potty 2015

Back in 2010 I took an idea birthed during a conversation with Ethan St. Pierre and rewrote the Beastie Boys song (You Gotta) Fight For Your Right To Party' as a protest song against the bathroom meme that was then being used to try to scuttle trans inclusion in ENDA.

It's now five years later, ENDA is still not the law of the land, and the bathroom lie is being used to attack trans human rights in general now.

With all the GOP anti-trans bathroom bills out there filed by Debbie Does Discrimination Riddle and Gilbert 'Potty Panic' Pena in Texas,, Frank 'Flush Away Our Humanity' Artiles in Florida, CM 'Bathroom Bounty Bill' Embry in Kentucky and other GOP conservafool legislative oppressors at the behest of ALEC, it was time to pull this song out of the TransGriot archives and tweak the lyrics for the 2K15.

So y'all know the drill.  Fire up those iPods or your fave music program and sing along with Moni's remixed lyrics.

And yeah, if you want to use it at a #WeJustNeedToPee protest, have fun.  Just give me the credit for composing this little ditty.

(We Gotta) Fight For Our Right To Potty 2015
sung to the tune of  (You Gotta) Fight For Your Right To Party by the Beastie Boys.



Kick it!

Trans people need to pee but we don't wanna go
Needs to be gender neutral but the right wing says, "No!"
On anti-trans bills they went to work
As they started hatin' on us like transphobic jerks

We gotta fight for our right to potty

Presentation based bathrooms need to happen today
GOP oppressors are saying “No way!”
Facing trans discrimination can be so sad
Erasing our humanity makes trans folks fighting mad (Busted!)

We gotta fight for our right to potty

Don't like that I transitioned? Why should you care?
Don’t need to know the genitalia that I have down there
I’ve got to pee so bump that noise.
I’m not (will be) going to use the bathroom with cisgender boys!

We gotta fight for our right to potty
We gotta fight for our right to potty

Moni's Excellent Austin Lobbying Adventure

Spent yesterday doing a quick trip to Austin to strike a blow along with a group of students and allies to let key legislators know we exist, are proud Texans, and aren't standing for the anti-trans discrimination and trans bounty bills that Debbie (Riddle) Does Discrimination and Gilbert Pena want to import into the Lone Star State.

It was also the first time I'd been to the state capitol to lobby since I'd returned back home in May 2010, and the first time I'd done so in Texas since 2001

I found myself in a car with Nikki Araguz Loyd, her hubby Will, and the lovely Meagan Gillett roaring westbound on US 290 headed toward our 12 noon rendezvous at Equality Texas HQ.

After a couple of potty stops and a few moments circling to wait for the Capitol Visitors Garage to open up some parking spaces because SXSW was also going on in the ATX, we finally arrived at the third floor offices of Equality Texas just in time for Cavan O Raghallaigh's briefing.

We had a group of students, Lou Weaver, Dee Dee Watters, TS Williams along for this foray under the Pink Dome that included Mel Gonzales, the first ever trans homecoming king in Texas.

I even got the pleasure of seeing Nikki Vogel again and Dr. Paige Schilt

After a group visit to Rep Alma Allen (D-Houston) office, we split up into four groups to handle all our scheduled visits.   Cavan and I along with Claire Bow and her spouse Carol hit the offices of  Rep Myra Crownover (R- Denton)to talk to her LA.  After that pleasant visit was completed, we headed to the Capitol Grille for a few moments to meet with a reporter, then proceeded to a 3 PM appointment with my state rep Jessica Farrar. (D-Houston) as we once again broke it down why we wanted HB 2081, 2082, 1747  and 1748 to die

Meanwhile as I was handling my business, Nikki Araguz Loyd was headed to the belly of the GOP transphobic beast and visiting Rep Gilbert Pena's (R-Pasadena) office, who sponsored two of the trans hate bill, and Rep Debbie Riddle (R-Tomball) office.    

The LA in Rep Riddle's office kept trying to blame Mayor Annise Parker and the passage of HERO for these bills, which wasn't flying with Nikki.   It also seems that the national publicity and derision she's getting for it is also having an effect, so keep those calls, memes and jokes aimed at her office coming.  

May also wish to do the same to Rep Gilbert Pena too, since his bills were only filed on march 10, and he has yet to get the full effect of state and national negativity coming down upon him like Riddle has.

After leaving Rep. Farrar's office,  the rest of my team members had to leave, so it was Cavan and I who got to visit Rep Joe Deshotel's  (D-Port Arthur) chief of staff and lay out why those anti-trans hate bills needed to die..

After reuniting with some of our team members and making a quick visit to Sen. Kirk Watson's (D) office to help Cavan make good on a promise he'd made, we headed back to the Equality Texas headquarters for a debriefing and to pick up thank you cards before departing back to Houston.

Was a wonderful day to do so, and I have a feeling I'll be back up there again before this session is over.

Conservative Party Senators Mess With C-279 In Committee

Ever since C-279 passed with support of all the major Canadian political parties in the House of Commons in March 2013, trans people in the Great White North were cautiously optimistic that they would finally reach their political Holy Grail of having federal human rights protection.

C-279 simply amends the Canadian Human Rights Act and the Canadian Criminal Code to add gender identity as a protected class, and our Canadian trans cousins had good reason to be optimistic.

Since 2012, six provinces have followed the Northwest Territories 2004 lead and passed human rights protection for their trans citizens.   Ontario, Manitoba and Nova Scotia all did so that year, Prince Edward Island and Newfoundland and Labrador followed in 2013, and Saskatchewan in 2014

But one of the notable House of Common NO votes back in 2013 was Prime Minister Stephen Harper, with now Liberal leader Justin Trudeau not voting on it at all.

That's probably one of the reasons why the Conservative Party when it got to the Senate that they dominated, started acting like their south of the border Republican cousins and fracking with C-279 by bringing up the discredited bathroom predator lie. 

It also didn't help that the TERF's Canadian Division, AKA the REAL Women of Canada also started sticking their transphobic noses in the Conservative effort to halt passage of C-279.  

C-279 still continued to advance, passing first and second reading stage votes and getting successfully voted out of the Senate Standing Committee on Human Rights on June 10, 2013 chaired by Liberal Sen. Mobina Jaffer.

But on the cusp of a major human rights victory, the Conservatives went into full trans oppressor mode during the third reading stage that occurred just before the Canadian Senate went into its summer 2013 recess.   What was more disgusting that it was lesbian Tory Senator Nancy Ruth leading the charge. 

After the Conservative senate leadership ran out the clock and refused to call for that Third Reading vote, that was followed by Prime Minister Harper proroguing parliament in September, which forced C-279 to start from scratch in the Senate legislative process because it was a private member's bill.

Other more ominous signs were Sen Jaffer expressing her concerns during that summer 2013 recess the bill wouldn't pass, and Liberal Senator Grant Mitchell stating what was blatantly obvious to the TransGriot, our trans cousins and the world by calling out the Conservatives for stalling C-279.

When the Senate returned for business after Thanksgiving in October, instead of C-279 going through Sen Jaffer's committee, it was sent after passing another Second Reading vote to the Senate Committee on Legal and Constitutional Affairs chaired by Conservative senator Bob Rumciman. 

It also has transphobic Tory senator and longtime C-279 hater Neil Plett as a member.

Fortunately Sen. Jaffer is a member of that committee along with Senator Mitchell, but they were outnumbered   On Thursday the Conservative dominated committee passed Plett introduced amendments by a 6-4 margin to exempt C-279 from applying to public spaces including bathrooms and locker rooms.

The negative reaction to that from Canadian trans people and our allies was swift.

The federal NDP  released a statement criticizing what they characterize as the Senate’s attempt to block the bill from passing. “The Senate’s attempt to obstruct this bill that would finally give transgender Canadians the protection and equal status they deserve is reprehensible,” said Randall Garrison, the NDP's LGBT critic and sponsor of C-279, in the statement.

“Human rights are not conditional,” said Helen Kennedy of Egale Canada Human Rights Trust. “The human rights of transgender people must be protected in all spaces including public bathrooms and locker rooms. The amendment to Bill C-279 fuels discrimination against transgender individuals by making it seem like people have something to fear by sharing a bathroom with a transgender person, which of course they don’t.”

“As a transgender person I have been waiting a long time for federal human rights protections,” said Amanda Ryan of Gender Mosaic. “Bathrooms are dangerous for me. I fear what people will do to me if they realize I am transgender. Bill C-279 was meant to protect me from hate crimes, but in amending it, the Senate is putting me at risk. It will force me to use the men’s bathroom, and a transgender woman in the men’s room is a recipe for violence.”

“We appealed to all Senators to support Bill C-279 without any amendments,” said Alex Neve, Secretary-General of Amnesty International Canada. “The original Bill is what was needed. If Senators passed the bill in Committee with no amendments, we would be well on our way to having life-saving human rights protections in place in a matter of weeks.”

“We believe that vulnerable minorities are entitled to basic human rights and should have the full protection of the law; this Bill as amended falls short of providing that protection,” said Richard Marceau of The Centre for Israel and Jewish Affairs.

C-279 is headed toward a third reading vote, and if it passes third reading with the amendments voted down, it would go to Canadian Governor general David Johnston for Royal Assent to become Canadian law.

But if it passes with the amendments, it has to go back to the House of Commons, and with a Canadian federal election looming on October 19, it's highly unlikely it would pass the Conservative dominate chamber before parliament is dissolved.

And it's sad that it has come to this for a sorely needed human rights bill.  

But the C-279 fight just reinforces what I have been saying for months in our below the 49th Parallel trans human rights struggle.   Thee most dangerous bigot is the one with the power to pass legislation.

You also can't get progressive laws passed out of a conservative legislative body.

DOJ Will Interpret 1964 Civil Rights Act As Protecting Trans Government Employees

With Christmas being a week away,  US transpeeps just got a wonderful human rights present from the Department of Justice.

Attorney General Eric Holder announced today that they will now interpret the 1964 Civil Rights Act as protecting transgender government employees from discrimination.

Going to take legislation for that to happen for the rest of us trans Americans, but if you're working in the government sector this is fantastic news.

In a memo released today, Holder wrote that the "best reading of Title VII's prohibition of sex discrimination is that it encompasses discrimination based on gender identity, including transgender status." Holder said that while Congress "may not have had such claims in mind when it enacted Title VII, the Supreme Court has made clear that Title VII must be interpreted according to its plain text."

In a statement, Holder called the move an “important shift" that "will ensure that the protections of the Civil Rights Act of 1964 are extended to those who suffer discrimination based on gender identity, including transgender status."

You will call the Employment Litigation Section of the Justice Department's Civil Rights Division.  They have the responsibility of enforcing Title VII claims against state and local governments.   The DOJ doesn't prosecute claims against private employers, and you would need to see the EEOC for that.

But in a 2014 Christmas season where we could use some good news in Trans World, this is a start.

ANZPATH Conference Trans Human Rights Keynote Speech

As I've been saying for a long time and it increasingly is being borne out, trans rights are an international human rights issue.

That message was driven home at the recent Australia and New Zealand Professional Association For Transgender Health biennial conference at Adelaide University that took place October 3-6

Australian Human Rights Commissioner Tim Wilson gave the opening keynote speech at this event.

He was appointed in February and the appointment was notable Down Under because Wilson is the first ever openly gay human rights commissioner.

Wilson's speech clarifies the Australian Human Rights Commission position on trans human rights issues.and leaves no room for doubt for our Aussie trans brothers and trans sisters where the commission stands.

Here's Commissioner Wilson's October 3 ANZPATH keynote speech.

Audrey Mbugua Wins Her Landmark Case!

Been talking about this on the blog since last year, and finally have some wonderful news to report.

Prominent Kenyan trans activist Audrey Mbugua has won her landmark case against the Kenyan National Examinations Council {KNEC}!

KNEC was ordered by the High Court Tuesday to change the name and gender marker on her academic certificates.   

Justice Weldon Korir said KNEC had failed to demonstrate why they couldn't make the changes requested by Ms. Mbugua, and gave them 45 days to print a new certificate without the gender marker.

The court ruled that Ms. Mbugua would have to pay for any extra costs to make the change, but you can obviously presume she was exceeding happy about this latest legal victory.

We won,” Mbugua told the Thomson Reuters Foundation. “It’s a huge watershed moment.”

Back n July, the High Court ordered the Kenyan authorities to register her lobby group, Transgender Education and Advocacy, saying their refusal to do so had no legal basis and was an abuse of power.

Mbugua has also been nominated by the Dutch government for their Human Rights Tulip Award for the innovative and groundbreaking human rights work she has been doing raising the profile of transgender human rights issues in Kenya.

This is a huge win she's been fighting hard for, and congratulations to my Kenyan sis.  Common sense and justice did prevail in this case.

What's The Latest News About Canada's C-279?

Like my Canadian trans cousins, I've been keeping track of what is happening with C-279, the trans human rights bill that passed the Canadian House of Commons last year but has been stonewalled in the Conservative controlled Senate.

And the Conservative Party needs to be called out on it.

When I last checked the Senate website, it passed Second Reading on June 6 and was referred to committee before the Senate went on their summer break.

It is now awaiting action in the Standing Committee on Legal and Constitutional Affairs, which is no longer chaired by Liberal Sen. Mobina Jaffer, but Conservative Sen. Bob Runciman.

We'll see if the bill gets the fair hearing it did when Sen. Jaffer chaired the committee, much less gets out of committee and back to the Senate floor for third reading, passage and royal assent to become Canadian law

The world is watching Canadian senate.  Do the right thing, not the right wing thing.

Tracey Update

A few months ago I wrote about Tracey Wilson, the trans kid in Vancouver whose parents filed a human rights complaint with the BC Human Rights tribunal when her Catholic school refused to recognize her femininity, refused to authorize a name change, let her use the female restroom or allow Tracey to wear the girls school uniform while claiming they didn't have a policy for it.

There's good news to report in Tracey's case

The human rights complaint filed by Tracey's parents on her behalf against the semi-private Catholic school and the Catholic Schools Vancouver has resulted in a new policy entitled the "CISVA Elementary School Policy regarding Gender Expression and Gender Dysphoria.”

“Where a request for accommodation is received on the basis of gender dysphoria or gender expression, the administrative staff should respond in a prompt and supportive manner, and in accordance with the principles outlined in this policy.”

The new CISVA policy states the student has the right to be addressed by their preferred name, even if they don’t legally change it.  School  records will be amended to reflect any changes.  Gender presentation appropriate school uniforms will be provided upon written request by the student's parent/guardian . 

“Upon receipt of a written request by a student’s parents/guardians in the attached form, a school shall provide an alternative uniform for that student, in designated school colours. The alternative uniform shall be determined in collaboration with the student’s parents and the school administration.”

So it looks as though it was a huge human rights win for not only Tracey, but every trans child who will go through the Vancouver Catholic school system.

Now if only the province of British Columbia will follow suit and protect the human rights of Tracey and all its trans citizens like five other provinces and the Northwest Territories have already done.

President Obama Announces Executive Order To Protect Federal Trans Employees

President Obama had a surprise of his own for the people gathered in the White House's East Room  for the 2014 edition of the LGBT Pride Reception

In addition to the one that will protect LGBT folks working for federal contractors, President Obama  announced in his reception remarks a new executive order that protects all federal workers on the basis of gender identity

I’ve asked my staff to prepare a second executive order so that federal employees –- who are already protected on the basis of sexual orientation –- will now formally be protected from discrimination based on gender identity as well

I have said for years that President Obama is the best president ever when it comes to transgender human rights issues.  He not only keeps walking the wlak to back up the talk, he keeps setting the bar even higher for future presidents to exceed.

I'm damned sure going to miss him when he leaves office January 20, 2017.

 

45 Years Later...

June 28, 1969 was the hot, sultry New York night 45 years ago when during another one of those harassing police raids on the Stonewall Inn, our folks had reached a 'We've had enough of this crap' moment.

Instead of submitting quietly to another police raid, the Stonewall Inn patrons that night, the transpeeps, butch lesbians and other peeps of color unwanted in the more upscale New York City gay oriented spots, followed Sylvia Rivera's lead after she threw the first bottle (and some peeps claim a shoe) at the NYPD po-po's and jumped off the Stonewall Rebellion. 

45 years later it's transpeople of color taking their rightful place once again in leading this movement after being dumped out of it in the early 70's.   Isn't it an interesting coincidence that as we stepped up to lead and became more visible, forward progress on trans issues followed? 

Frankly, I don't think it's a coincidence at all, but a much needed development in our ongoing and evolving international trans human rights struggle.   We need to be reminding people that you can't spell Stonewall without the 'T' even though at times the GL community tried to pinkwash us out of the collective memory of an event and strongarm us out of a movement we jumped off. 

45 years later, while Sylvia if she were still here would be pleased at some aspects of our progress, she'd be upset about others. She'd be pleased to see that some of the leaders of the trans moment are Latin@ and how non-white transpeople are unapologetically owning our power.   She'd be pissed off that New York State still does not have a human rights law that covers transpeople (GENDA) and how that happened.

Sylvia would also be pleased to see us taking the next steps like running for public office. building economic power in our communities and talking the lead role in telling our stories and defining ourselves to the media .

As a vehement opponent of the Vietnam War  (and I argued with her about this and LBJ's legacy) she would have a problem with trans people openly serving in the military, but if I got her to to grudgingly see the problem in her viewpoint that LBJ wasn't 100% evil, I think she'd be able to see the wisdom of allowing transpeople so inclined to do so the opportunity to serve their country.    

But one point I'd believe she'd definitely echo is that 45 years later, our work to see trans human rights coverage ensconced in our nation and around the world isn't done.