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Transgender Legal History - By a Transgendered Woman, For Transgendered People

Transgender Legal History

 

Yes, Virginia, there is transgender legal history - even though a whole bunch of courts that have gotten hold of transgender cases where analysis of transgender legal history would have led to pro-transgender outcomes didn't seem to have any desire to look at transgender legal history (and I won't even mention the lawyers who didn't see fit to present pertinent legal history to those courts.) And, Virginia, there are male-to-female transsexual attorneys who practice and are knowledgeable in transgender legal history (something that one might not gather from looking at the legal line-ups of most GLB(T?) civil rights organizations). (1)

A lot of transgender legal history exists - a good bit on the web and a good bit on pay services such as LEXIS and Westlaw. However, a substantial amount of it is hidden to eyes that don't (or won't) look beyond a computer screen.

Some significant events in the development of transgender law involve documents that aren't of the type that end up in legal databases - trial court decisions, briefs, etc. Others involve legislative history from the pre-computer era. Still others involve near-forgotten references in local GLBT newspapers - again from the pre-net era. And, even when taking into account things that are on the web, there aren't all that many places where critical bits of information are brought together so that important links and concepts can be seen - particularly regarding transsexual legal history.

What I'm providing links to isn't by any means complete (though I am providing as many links to things on the web as I can in order to make this site a bit more useful.) However, this collection will contain things that most average law libraries won't. Will this collection help a given person in a given case? I can't say. But, as Emil Faber supposedly once said: "Knowledge is good."

And, add to that my corollary: "Ignorance is not bliss - particularly derivatively, like for any lawyer representing any transsexual in any jurisdiction where some moron who didn't know anything about transgender law - but represented a transsexual anyway - managed to create bad law that everyone now has to overcome."

(Hey - Bluto became a senator; who's to say he didn't become a lawyer along the way? But, I digress. And, yes, I did end up mentioning those lawyers who didn't present pertinent transgender legal history. A girl's gotta do what a girl's gotta do.)

As of the date of my initially uploading this page, there aren't a lot of links here - but that will gradually change. Just keep checking back. And, as of Jan. 1, 2005, there’s still not as much here as I would like.  But, I am gradually getting more stuff in place.  I implore again: Just keep checking back.

If you've landed on this page and you're looking for something either that I have listed here, but without a link, or that you think might exist but are unsure as to where it might be able to be found, or if you have an obscure bit of TG legal history that you think should be included here, drop me a line at: TexKatrina@aol.com.

 

NEW (03/06/2004) - A must for anyone attempting to deal with transsexual identity law in 2004 in light of transsexual marital rights continuing to be ignored in all of the hubbub over gay marriage AND in light the legislative backlash against gay marriage continuing to be improperly interpreted with anti-transsexual intent:

An Analysis of Jurisdictions Which Recognize the Reality of Transsexualism AND Ban Recognition of Homosexual Marriage [PDF file - 75K]

NEW (12/11/2004) – A must for use in conjunction with the above.  This is a Bureau of Immigration Appeals decision but it is perhaps the first fully legitimate analysis of the legislative intent (or lack thereof) as to transsexuals behind federal DOMA.  An excerpt (with emphasis supplied in the BIA opinion):

The House Report’s section-by-section analysis states the following in regard to DOMA’s definition of marriage:

Prior to the Hawaii lawsuit, no state has ever permitted homosexual couples to marry.  Accordingly, federal law could rely on determinations of who was married without risk of inconsistency or endorsing same-sex marriage.

Given this statement, it seems apparent that DOMA was not directed at the New Jersey decision in M-T-v.-J-T-, supra, recognizing the validity of a transsexual marriage, or with marriages that might rely upon a legal change of sex recognized by one of the several states [with transsexual birth certificate statutes].

In re Esperanza Martinez Widener [PDF file – 600K; offsite]

 

None of this is intended to serve as legal advice unto itself - rather, it is intended as a tool to remind practitioners and judges that there is more to transsexual law than meets the eyes of headnote editors.

 

United States

Federal

Holloway v. Arthur Andersen & Co.

Opinion

Appellant's Opening Brief (transsexual plaintiff) [PDF file - approx. 300K]

Appellee's Brief (defendant Arthur Andersen)

Appellant's Rebuttal Brief

Sommers v. Budget Marketing

Note: See also Sommers v. Iowa Civil Rights Commission

Ulane v. Eastern Airlines

District Court opinion

Seventh Circuit opinion

Petition for Writ of Certiorari

THREE DECADES of GAY-ONLY civil rights proposals

Beginning with…H.R. 166, 94th Cong. 1st Sess. (1975).

Blackwell v. U.S. Dept. of the Treasury

Doe v. USPS

Americans With Disabilities Act (and the clearly unconstitutional religioninst-prodded anti-transgender exclusions)

Farmer v. Brennan

Devilla v. Schriver

Miles v. N.Y.U.

Schwenk v. Hartford

South v. Gomez

Broadus v. State Farm Ins. Co.

District Court opinion

Media/Commentary

James D. Donathen and Linda T. Prestegaard, Introduction: Title VII: Race, Color, National Origin, Religion and Sex, PhilipsLytle LLP, 2000.

Hernandez-Montiel v. INS

Reyes-Reyes v. Ashcroft

Rosa v. Park West Bank & Trust Co.

Oiler v. Winn-Dixie

Complaint [HTML from ACLU website; also on Florida ACLU website]

Media/Commentary

Winn-Dixie Admits Firing Man for Cross-Dressing Off-Duty; ACLU Asks Federal Court To Rule Without Holding Trial, ACLU, Jan. 23, 2002.

ACLU Criticizes Decision in Louisiana Transgendered Case, ACLU of Louisiana, Sept. 17, 2002.

Cross-Dresser Loses Title VII Case, Lesbian/Gay Law Notes, Oct. 2002 at 162.

Michael H. Boldt, Termination of a Cross-Dresser: Is it Sex Discrimination?, Ice Miller, 2003.

Doe v.UCFS

Tronetti v. TLC Healthnet, Lakeshore Hospital

The link here is to a non-court website that has copied the text of the decision. It is a rational, logical, pro-transsexual decision (as opposed to the bizarre manufactured anti-transgender 'reasoning' in Oiler v. Winn-Dixie) from the Western District of New York. It is available on LEXIS and Westlaw but not, as far as I can tell, on the court's own website. When that changes, I'll include a link to that as well.

Dawson v. Bumble & Bumble

In this action, the transsexual was one of the defendants, with the plaintiff being a lesbian who was attempting to appropriate gender non-conformity concepts against the transsexual and her employer.

Kastl v. MCCCD

Smith v. City of Salem

Media

Jonathan Motley, Sixth Circuit Overturn’s Trial Court Dismissal of Transsexual’s Title VII Lawsuit, Findlaw.com.

Sturchio v. Ridge

Transsexual-related Veterans Administration decisions

DOCKET NO. 94-43 544

DOCKET NO. 97-17 380

DOCKET NO. 95-17 053

DOCKET NO. 00-23 759

DOCKET NO. 00-14 550

DOCKET NO. 97-30 494

DOCKET NO. 97-30 494

DOCKET NO. 94-31 530

DOCKET NO. 94-18 570

DOCKET NO. 96-21 163

DOCKET NO. 97-34 029

DOCKET NO. 92-54 320

DOCKET NO. 00-17 058

VAOPGCPREC 15-90, VET. AFF. OP. GEN. COUNS. PREC. 15-90, 1990 (decision recognizing gender transition)

Transsexual Social Security Rulings

SSR No. 78-11

This 1978 ruling was against recognition of the marriage in question, but it appears as though the decision may have been proper under the facts of the case (the SRS of the transsexual spouse occurred after the marriage ceremony, necessitating the conclusion that, at the time of the marriage, the couple was same-sex.)

Later pro-transsexual ruling

There appears to have been, in the early 1990's in Minnesota, a ruling recognizing a marriage where the transsexual spouse had fully transitioned prior to the heterosexual marriage. If anyone has any information regarding a proper citation to this decision, or a copy of it if it is not available in any database, please e-mail me.

Prison Rape Reduction Act

Testimony of Robert W. Dumond, Licensed Clinical Mental Health Counselor, Before the Committee on the Judiciary, July 31, 2002

Immigration Matters

This is a rapidly-developing area, sadly in flux because some individuals are attempting to administratively and judicially legislate anti-transsexual language onto the 1996 federal DOMA.

In re Esperanza Martinez Widener [PDF file]

September 2004 BIA opinion recognizing the reality of gender transition for purposes of immigration.

Alabama

Birth Certificate Statute

Taylor v. State (not a transgender case, but favorably quotes a 1970 law review article that asserts "controlling prostitutes and transvestites" as a legitimate function of law enforcement.

Leitner v. State (also not a transgender case, but contains a very transgender-oriented journal excerpt that the defendant had claimed should have been entered into evidence at trial.)

Chambliss v. State (also not a transgender case, but notable in that this is the case in which the testimony of female-to-male transsexual Petric Smith aided in bringing to justice one of the Birmingham church bombers - though prior to his transition, meaning that, in the court documents he will be referred to as Elizabeth Cobbs.)

Alaska

Arizona

Birth Certificate Statute (1967 Session Law)

State v. Willoughby

Arkansas

Birth Certificate Statute

1995 Attorney General Opinion (citing M.T. v. J.T., the leading case recognizing heterosexual marriage involving transsexuals, in support of traditional, opposite-sex marriage.)

California

Birth Certificate Statute (1977 Session Law)

California Judicial Council Forms For Brining an Action For Change of Gender

Petition For Change of Name and Gender [PDF file]

Order to Show Cause For Change of Name and Gender [PDF file]

Decree Changing Name and Gender [PDF file]

People v. Gutierrez

People v. Lawley

People v. Rodriguez

M.R. v. Regents of the Univ. Of California

People v. Galvan

People v. Olsen

People v. Brown (not a transgender case per se, but the defendant is the infamous Butcher Brown).

People v. Chambless

Jenron Corp. v. Dept. of Social Svcs.

Rolon v. Kulwitzky

This was not a transgender case, but it is significant historically in that it involved the 1979 Los Angeles Civil Rights Ordinance and cited the entire transgender-inclusive definition of sexual orientation. As of the time of Goins v. West Group, it was the only non-Minnesota decision in which one would find the phrase 'biological maleness', a key term in the transgender clause of the transgender-inclusive Minneapolis (and, eventually, Minnesota) definition of sexual orientation.

Diaz v. Oakland Tribune Corp.

People v. Carmichael (the criminal case involving the schemes of Liz Carmichael).

Warren v. State Personnel Bd.

Dyas v. Superior Court of Los Angeles County (also quoting the law review article that was quoted in the Alabama case noted above).

G.B. v. Lackner

J.D. v. Lackner

People v. McDowell

People v. Ranjel

People v. Maiden

People v. Doktoreztk

People v. Blake [PDF file - California Court site]

The law that 'Incremental Rights' Advocates Want to Forget: The 1979 Los Angeles Civil Rights Ordinance

For more information on the curious way in which gay-only-rights advocates (and, disturbingly, a few of their transgender apologists) deal with the fact that this ordinance did indeed occur in 1979, see:

Katrina C. Rose, A Christmas Present for the Transgendered People of Los Angeles, Texas Triangle, Dec. 22, 2000

Katrina C. Rose, Los Angeles Interruptus (or, How to Be Crucified For Divulging Secrets From the Book of Forbidden Civil Rights Knowledge) Part One, Texas Triangle, Feb. 2, 2001

Katrina C. Rose, Los Angeles Interruptus (or, How to Be Crucified For Divulging Secrets From the Book of Forbidden Civil Rights Knowledge) Part Two, Texas Triangle, Feb. 9, 2001

Katrina C. Rose, Minneapolis Non-Interruptus (or, More Readings From the Book of Forbidden Civil Rights Knowledge), Texas Triangle, Feb. 16, 2001

For contemporary gay-authored transphobic criticism of the transgender-inclusive language, see:

L.A. Passes Gay Bill, Lesbian Tide, July/Aug. 1979 at 23.

The San Francisco Transition-Related Healthcare Employee Insurance Ordinance

Media/Commentary

Cynthia Laird, Supes OK Health Benefits For TG City Workers, Bay Area Reporter, May 4, 2001.

Transgender Rights Amendments to the FEHA (2003 Session Law)

2004 Civil rights reconciliation statute (signed by Gov. Arnold Schwarzenegger)

Colorado

Birth Certificate Statute

Christian v. Randall

Denver City Ordinance

Boulder City Ordinance

Connecticut

Darnell v. Lloyd (1975 pro-transsexual federal court decision on birth certificates)

Birth Certificate Statute

Intersex-only

Intersex-only (repeal)

Gender-change

Declaratory Ruling on Behalf of John/Jane Doe

Delaware

Mitchell v. State

District of Columbia

Birth Certificate Statute

Florida

South Florida Free Beaches v. City of Miami

1976 anti-recognition attorney general opinion

Smith v. City of Jacksonville Correctional Institution

1991 Pro-transgender administrative employment law decision

Fishbaugh v. Brevard Co. Sheriff's Department

2003 Anti-transgender administrative employment law decision

Kantaras v. Kantaras

Court of first instance [PDF file from Court TV website - VERY large; it is an 800+ page opinion]

Briefs and other materials

Deposition of Linda Kantaras [from Court TV website]

Custody Evaluation [from Court TV website]

Counter-Petition of Linda Kantaras [from Court TV website]

Supplemental Amended Counter-Petition of Linda Kantaras [from Court TV website]

District Court of Appeals

Georgia

Birth Certificate Statute

Lambda Legal press release on securing pre-op MTF name change order

Montgomery v. State

Guam

Hawaii

Birth Certificate Statute

Employment Anti-Discrimination Law

In re HCRC no. 9951, et. al.

Administrative decision still being touted by some alleged transgender law experts as proof that things are getting better and that, despite being insulted by a transphobic gay-only rights law in 1993, transgendered people are protected from employment discrimination in Hawaii

RGIS Inventory Specialist v. Hawaii Civil Rights Commission (The Hawaii Supreme Court decision overturning the above administrative decision on procedural grounds).

Hawaii Supreme Court Decision

Amicus brief from the ACLU  [PDF - From Hawaii ACLU website]

Idaho

Olsen v. Olsen (not a transsexual case, but the opinion contains a rather odd reference to Corbett v. Corbett)

State v. Thomas

Indiana

Hobson v. State

Illinois

Peipho v. Peipho

This is an 1878 decision holding that a marriage between a man and a woman described in the court documents as a "hermaphrodite" was not void, but could be voidable - though, under the facts of this case, the court upheld the marriage, feeling that the husband had waited too long (several years) to attempt to use the wife's intersexuality as an excuse to get out of the marriage.

Birth Certificate Statute (1961 Session Law)

City of Chicago v. Wilson

Illinois Court of Appeals

Illinois Supreme Court

Briefs

Brief of Appellants (Defendants) [PDF file - approx. 650K]

Brief of Appellee (the State)

Reply Brief of Appellants

Transgender Amendments to the Chicago Civil Rights Ordinance

Iowa

Birth Certificate Statute

Sommers v. Iowa Civil Rights Commission (state law counterpart to Sommers v. Budget Mktg., Inc.)

Iowa Supreme Court

Briefs

Jansen v. Murphy Tractor

Media

Joanne Fox, Discrimination Takes its Toll on Siouxland Transsexual, Sioux City Journal, Feb. 29, 2004 (text of article reproduced on ButchDykeBoy.com).

Discrimination Suit Filed, KCAU-TV, ? 2004.

Gender Issues Got Me Fired, Daily News (IOL), June 9, 2004.

Iowa Transsexual Sues Over Workplace Discrimination, Advocate.com, June 10, 2004.

Transsexual Employee in Ohio <sic> Files Sex Discrimination Claim, Brightline Compliance, June 20, 2004.

Susan Jones, Homosexuals Debate What to Do About Transsexuals, CNSNews (so-called), Aug. 4, 2004.

 Lauren Jansen Settles Her Trans Discrimination Suit Out of Court, Queer Day, Dec. 24, 2004.

Woman Says She Was Fired For Being Transsexual, KCCI, Dec. 24, 2004.

KLEM News Update, KLEM, Dec. 25, 2004.

The Terri Moore Murder Case

State v. Moore

Iowa Supreme Court

Briefs and Transcript

Moore v. Scurr

References to contemporary local news coverage

Woman's Body Found Near I-80 Exit; Warrant Issued, Newton Daily News, May 20, 1976 at 1.

Man Sought For Murder Held in Colo.; No Bail, Newton Daily News, May 24, 1976 at 1.

Sheriff Hurley to Denver to Return Richard Moore, Newton Daily News, May 25, 1976 at 1.

Denver Man Waives Extradition to Ia., Newton Daily News, May 25, 1976 at 14.

Returned for Arraignment, Newton Daily News, June 1, 1976 at 1.

Moore Arraigned on Open Murder Charge, Newton Daily News, June 2, 1976 at 1.

Formal Arraignment for Moore Scheduled June 14, Newton Daily News, June 3, 1976 at 1.

Moore to Face Evaluation, Newton Daily News, Newton Daily News, June 14, 1976 at 1.

Moore Returned to County Jail to Await Trial, Newton Daily News, July 1, 1976 at 1.

Judge Sets Moore's Bail at $100,000, Newton Daily News, July 28, 1976 at 1.

Moore Trial Proceedings Cease Today, Newton Daily News, Feb. 2, 1977 at 1.

New Year's Baby and the Weather in January in Chronological Review, Newton Daily News, Feb. 4, 1977 at B12.

Moore Trial Begins, Newton Daily News, Feb. 11, 1977 at 1.

Pathologist Testifies as Trial Resumes, Newton Daily News, Feb. 14, 1977 at 1.

Moore Takes Stand as Defense Begins, Newton Daily News, Feb. 17, 1977 at 1.

Defense Rests in Moore Trial, Newton Daily News, Feb. 18, 1977 at 1.

Jury Gets Closing Remarks in Moore Trial, Newton Daily News, Feb. 22, 1977 at 1.

Moore Found Guilty of Murder in the First Degree; Newton Daily News, Sentencing Mar. 21, Feb. 24, 1977 at 1.

Richard Moore Sentenced to Life in Prison, Newton Daily News, Mar. 21, 1977 at 1.

Moore Will Appeal Life Sentence to Iowa High Court, Newton Daily News, April 15, 1977 at 1.

Semi-Contemporary National Semi-News Coverage

Eddie Krell, Honeymoon Murder of the Transsexual Bride, Inside Detective, Sept. 1976 at 40.

Obsolete anti-crossdressing ordinances

Iowa City Civil Rights Ordinance

King v. Vilsack

This was the (ultimately successful) suit by radical religionists to overturn the 1999 executive order by Gov. Tom Vilsack (the named party on the radical religionist side is now-Congressman Steve King, then an Iowa state rep.) which prohibited discrimination based on sexual orientation and gender identity in employment by the state; in Polk County District Court – and not appealed.

Federal actions dealing with Medicaid funding for medically-recognized transition-related healthcare needs

Pinneke v. Preisser

[I have the entire file from this matter – trial and appellate – and will be posting the documents when I am able to move all of this to my katrinacrose.com site that has far more storage space; please bear with me.]

Smith v. Rasmussen

Other civil rights actions:

Clinton v. City of Des Moines

This is an early-1980s, Polk County District Court false arrest case against the City of Des Moines and a number of its police officers.  One of the plaintiffs was a then-pre-op MTF.  Although there were a number of preliminary rulings favorable to the plaintiffs, they ultimately did not prevail.  And, the case was never appealed.  Eventually, I will be posting the documents from the case that I do have.

Kansas

Anti-same-sex marriage statutes

1980

1996

In re Gardiner

Court of Appeals

Supreme Court

Petition for Writ of Certiorari

Briefs [NOTE – 01/01/2005: These links had been broken via a shift in the rightwing religionist site on which they are located; I believe I’ve repaired all of the links now]

Trial Court

Joe Gardiner's Motion For Summary Judgment [PDF file - offsite]

J'Noel Gardiner's Memo in Support of Motion For Partial Summary Judgment [PDF file - offsite]

Court of Appeals

Brief of Appellant (J'Noel Gardiner) [PDF file - offsite]

Brief of Appellee (Joe Gardiner) [PDF file - offsite]

Reply Brief of Appellant [PDF file - offsite]

Amicus Brief of the Thomas More Law Center [PDF file - offsite]

Amicus Brief of the ACLU [PDF file - offsite]

Kansas Supreme Court

The same briefs were utilized on appeal to the Supreme Court.  J'Noel Gardiner submitted a supplemental brief which consisted primarily of the then-recent Australia In re Kevin opinion.

The Sandy Gast Case

News Items

Connie Parrish, Unlawful Nuptial, Leavenworth Times, March 19, 2004.

Connie Parrish, Couple Tries to Move on After Arrest, Leavenworth Times, March 21, 2004.

Transsexual Charged With Fraud, Topeka Capital-Journal, March 22, 2004.

Connie Parrish, ACLU Involved in Gast Case, Leavenworth Times, March 24, 2004.

Dawn Borman, Transgender Couple's Effort to Marry Leads to Court Case in Leavenworth, Kansas City Star, March 25, 2004.

ACLU Backs Transsexual on Fraud Investigation, Topeka Capital-Journal, March 25, 2004.

Connie Parrish, Jury Trial Sought in Transsexual Case, Leavenworth Times, March 31, 2004.

This item is noteworthy in that it shows anti-GLBT religionist bigots for what they really are; it features an anti-GLBT religionist holding a sign proclaiming 'Thank God For Sept. 11'.

Oh yeh - transsexuals are bad, but the murders of over 3000 people are good.  That's the ticket.  And, if that's not disgusting enough for you, try this: WBC To Picket the ACLU… [PDF file - which, in this instance, stands for putrid dog froth]

Think about that when next you see 'principled' opposition to GLBT equality.

Connie Parrish, Judge to Rule on Gast Case, Leavenworth Times, Nov. 13, 2004.

Connie Parrish, Gast to Take Stand Today, Leavenworth Times, Nov. 16, 2004.

Judge Rules Not Guilty in Gast Case, Leavenworth Times, Nov. 16, 2004.

Connie Parrish, Court: Gast Not Guilty, Leavenworth Times, Nov. 17, 2004.

The Lesbian-Approved, Transphobic Topeka Gay-Only Rights Ordinance

The only real analysis of the removal of transgendered people from the ordinance that one is likely to find:

Katrina C. Rose, I Told You So. Yes, I Did. Yes, I Did. I Told You So. (Or, Topeka Uber Alles: The Gay Generation), Nov. 25, 2004.

Original version of the Ordinance (prior to transgendered people being removed) [PDF – from the Topeka Capital-Journal website]

News Items

Uneasy Compromise Led to Passage, Topeka Capital-Journal, Nov. 18, 2004.

Audio (short sound bites; most no more than 90 seconds each) from the Topeka Capital-Journal’s website, on the Nov. 18th item’s page:

Councilman Jeff Preisner:

http://real.morriscomm.com:8080/ramgen/cjonline/2004/1-preisner111704.rm

http://real.morriscomm.com:8080/ramgen/cjonline/2004/2-preisner111704.rm

http://real.morriscomm.com:8080/ramgen/cjonline/2004/3-preisner111704.rm

http://real.morriscomm.com:8080/ramgen/cjonline/2004/4-preisner111704.rm (this specifically addressed the excision of transgendered people from the proposal)

Non-Transgendered, Lesbian Councilwoman Tiffany Muller, Who Was the Deciding Vote in a 5-4 Vote to Remove Transgendered People From the Proposal:

http://real.morriscomm.com:8080/ramgen/cjonline/2004/1-muller111704.rm

http://real.morriscomm.com:8080/ramgen/cjonline/2004/2-muller111704.rm

Topeka Capital-Journal, Nov. 17, 2004.

Audio from the Topeka Capital-Journal’s website, on this Nov. 17th item’s page:

Non-Transgendered, Lesbian Councilwoman Tiffany Muller, Who Was the Deciding Vote in a 5-4 Vote to Remove Transgendered People From the Proposal:

http://real.morriscomm.com:8080/ramgen/cjonline/2004/1-muller111604.rm

Pedro Irigonegaray (Sandy Gast’s attorney)

http://real.morriscomm.com:8080/ramgen/cjonline/2004/1-irigonegaray111604.rm

Carol Bainum (who opposed the ordinance)

http://real.morriscomm.com:8080/ramgen/cjonline/2004/1-bainum111604.rm

Wes Wedermeyer (who opposed the ordinance)

http://real.morriscomm.com:8080/ramgen/cjonline/2004/1-wedermyer111604.rm

Topeka Capital-Journal, Nov. 17, 2004.

Topeka Capital-Journal, Nov. 16, 2004.

Topeka Capital-Journal, Nov. 14, 2004.

Audio from the Topeka Capital-Journal’s website, on this Nov. 14th item’s page:

Non-Transgendered, Lesbian Councilwoman Tiffany Muller, Who Was the Deciding Vote in a 5-4 Vote to Remove Transgendered People From the Proposal:

http://real.morriscomm.com:8080/ramgen/cjonline/2004/1-muller111204.rm

http://real.morriscomm.com:8080/ramgen/cjonline/2004/2-muller111204.rm

Dan Walker, of the so-called Family Action Network

http://real.morriscomm.com:8080/ramgen/cjonline/2004/1-walker111204.rm

http://real.morriscomm.com:8080/ramgen/cjonline/2004/2-walker111204.rm

Kentucky

Birth Certificate Statute (1990 Session Law)

The Louisville Ordinance

Hyman v. City of Louisville

Whitler v. Commonwealth

Spina v. Spina

Media/Commentary

Kentuckian's Sex Change Leads Wife to Seek Annulment - Property Fight Could Involve Millions of Dollars, Louisville Courier-Journal, June 27, 2004.

A bill to declare homosexuals and bisexuals to be transgendered: 2004 Ky. H.B. 358

Okay, the bill is actually another piece of the backlash against the Gay Marriage Greed Agenda - an agenda that transsexuals have had no measurable part in carrying forward, have made no (or all but no) money off of and (with perhaps microscopic exceptions) have not been allowed to further their careers as a part of (I always have to point this out, because you'll never hear it in the gay media.) This backlash bill is an anti-adoption bill, which bans child placement "where the petitioner or other person acting as a parent in the home is homosexual, bisexual, or otherwise transgendered." (my emphasis). By the placement of the words "otherwise transgendered," it is evident homosexuals and bisexuals are viewed as being transgendered.

How long do you think it will take for some 'respectable gay' to complain to Kentucky's lawmakers - not about how this bill will affect transgendered people or how the gay-marriage-greed-backlash-inspired Federal Marriage Amendment will likely nullify Kentucky's transsexual birth certificate statute, but about being lumped in with 'those freaks'?

Welcome to our nightmare.

Louisiana

"The Orthodoxy of Dress"  [PDF file - 38K]

This item - a small bit from an 1856 edition of the New Orleans Daily Picayune - isn't legal history per se - but it could help out with formulation of arguments against homophobia and transphobia that rest solely on purported 'tradition.'

Birth Certificate Statute (1968 Session Law)

I detail the history (including unassailable legislative intent for post-transition transsexuals to be allowed to marry as members of their post-transition sex) of this statute my Deakin Law Review article.

Oiler v. Winn-Dixie

Titan v. Lose-Union

For an explanation of this mythical case, see my Deakin Law Review article.

Maine

1984 Attorney General Opinion (citing M.T. v. J.T., the leading case recognizing heterosexual marriage involving transsexuals, in support of traditional, opposite-sex marriage.)

Maryland

Birth Certificate Statute

In re Heilig

Court of first instance

Court of Special Appeals

Court of Appeals

Briefs

Massachusetts

1975 pro-transsexual A.G. opinion on birth certificates

1981 (which, if you’re keeping score, is after noted transphobe Barney Frank had left the Massachusetts Legislature) Birth Certificate Statute

Employment decisions

Michigan

Birth Certificate Statute

Minnesota

In re Valdesuso (1968 trial court gender change order) [PDF file]

The Carlson Amendment (1975 House Journal Entry)

Minneapolis Civil Rights Ordinance

Definitions

Protections

Doe v. State

Opinion

Briefs

In re Meyer

In re T.J.

State v. Dunlap

Pre-1993 Transgender-Inclusive Civil Rights Bills (1981-1991)

The Second St. Paul Civil Rights Ordinance

The 1993 Amendments to the Minnesota Human Rights Act

Codification

Section 363.01 (definitions)

Section 363.03 (protections)

Session Law

Legislative History Materials

Audio

House and Senate Committee and Floor Debates

Goins v. West Group

Court of first instance

Court of Appeals

Supreme Court

Briefs

Cruzan v. Special School Dist. No. 1

Doe v. City of Minneapolis

Hare v. State, Department of Human Services

Mississippi

References to Mississippi Birth Certificate procedures can be found on the websites of Press For Change and Dr. Becky Allison.

Missouri

Birth Certificate Statute

Transgender-inclusive Hate Crime Law

Transgender-inclusive anti-adoption bill (1996 Mo. H.B. 1637.)

1996 state DOMA (contains no mention of an intent to ban heterosexual marriages involving transsexuals)

2001 state DOMA (contains no mention of an intent to ban heterosexual marriages involving transsexuals)

JLS v. DKS

Court of Appeals opinion

Other documents

D.C. v. City of St. Louis (invalidation of the St. Louis anti-crossdressing ordinance)

Eighth Circuit Court of Appeals Opinion

Appellant's Brief

Respondent's Brief

Appellant's Reply Brief

Montana [NOTE: Each of the below links are to a page for the respective case on the Montana Supreme Court’s website, at which one will find links not only to the court’s decision but also to the briefs submitted in the case]

State v. Tucker

Gryczan v. State (not a TG case, but I’m including a link in case briefs for a non-Lawrence v. Texas sodomy-statute-overturning case are desired.)

D.F.D. v. D.G.D. (this is a child custody case where the parent at issue was a crossdresser; anyone even considering handling such a case should look over all of the documents from this case)

Nebraska

Brandon Teena-related court decisions

State v. Lotter (2003)

Brandon v. County of Richardson (2002)

Brandon v. County of Richardson (2001)

State v. Lotter (1999)

Brandon v. County of Richardson (1997)

State v. Nissen

1993 adoption of the transphobic federal ADA definition of ‘disability’

Committee Hearing Transcript [coming soon]

Floor Debate Transcript [coming soon]

1994 Birth Certificate Statute

Committee Hearing Transcript [coming soon]

Floor Debate Transcript [coming soon]

New Hampshire

Unpublished employment law decision (referenced on a bunch of TG law sites, but I have never seen an actual copy of the opinion.)

New Jersey

M.T. v. J.T.

News coverage of the decision:

Not only the gay marriage agenda arm of the gay rights industry but also renegade anti-GLBT courts love to ignore the fact that this 1976 decision of the Appellate Division of New Jersey's Superior Court - fully and completely validating a modern, rational, scientific view of 'sex' (by way of recognizing a marriage between a post-operative transsexual woman and a non-transsexual man) while not 'redefining marriage' - happened.

These are cites to the news coverage of the decision in the Trenton newspaper:

Steven Ford, Gender Change Legalized, The Evening Times (Trenton, N.J.), March 22, 1976 (late final edition; and Bucks edition) at A1.

Sex Change no Barrier to Alimony, The Evening Times (Trenton, N.J.), March 23, 1976 at A3 (unsure of edition, but I assume it is the state edition - the edition which did not have the story in the March 22nd issue).

Neither piece is very long (the March 22nd article is eight paragraphs in both editions and the March 23rd one is seven.) Both are rather straightforward reports of the decision (though the March 22nd version refers to the non-transsexual male husband as the "male mate" while the March 23rd one utilizes the word "husband.) Significantly, there was no (or at least no obvious) hue and cry from radical religionist homophobes as there has been in every gay marriage quest - casting serious doubt on any assertion that 1990's era DOMA laws, whose legislative histories all indicate that they were passed in anticipation of something that had not happened yet (namely gay marriage) were intended to wipe out heterosexual marriages where one spouse is a transsexual.

The Newark Star-Ledger ran a front-page story on the decision - though it received billing roughly equal to an article on the killing by Andy Williams' ex-wife Claudine Longet of her skier boyfriend.  The cite to the article:

Joshua McMahon, Transsexuals Granted a Full Range of Rights, Star-Ledger (Newark, N.J.), March 23, 1976 at 1.

This rather straight-forward news piece appears to be the only mention of the case in the Star-Ledger.  I have looked at the issues for the remainder of March and saw no letters to the editor (either for or against transsexuals) and no op-eds (again, none for or against.)  The simple fact is: This was NOT viewed as tantamount to GAY marriage; it was viewed as recognition of the scientific fact of transsexualism.

Birth Certificate Statute

Enriquez v. West Jersey Health Systems

New Mexico

Birth Certificate Statute

Transgender-inclusive Civil Rights Law (2003 Session Law - final version of bill)

Nevada

Daly v. Daly

Nevada Supreme Court opinion

Writ of Certiorari

New York

Suria v. Shiffman

R. v. Lavine

In re Werner

Raskind v. Raskind

People v. Powell

In re Rivera

In re Anonymous (1992a)

In re Anonymous (1992b)

Davidson v. Aetna Life & Casualty, Ins. Co.

Anonymous v. Mellon

Richards v. U.S.T.A.

People v. Simmons

B. v. B.

Hartin v. Director, Bureau of Records and Statistics

In re Anonymous (1970)

In re Anonymous (1968)

Anonymous v. Weiner

 

Employment Anti-Discrimination Law

Maffei v. Kolaeton Industries

The transphobic, gay-only 2002 Sexual Orientation Non-Discrimination Act (SONDA) (state law)

Media

Paul Schindler, Will He Deliver, Gay City News, May 31, 2002.

Paul Schindler, SONDA: What’s Next?, Gay City News, June 28, 2002.

Paul Schindler, SONDA Vote Dec. 17?, Gay City News, Nov. 15, 2002.

Donna Cartwright, Wrong on SONDA, Gay City News, Nov. 29, 2002.

Andy Humm, Faith, Jitters Mix on SONDA, Gay City News, Dec. 6, 2002.

Andy Himm, The Question of Gender Identity, Gay City News, Dec. 6, 2002.

Andy Humm, Unity Eludes SONDA Advocates, Gay City News, Dec. 13, 2002.

Duncan Osborne, Anger on Eve of Victory, Gay City News, Dec. 13, 2002.

Paul Schindler, New York State Senate OKs Gay Rights Bill, Gay City News, Dec. 13, 2002.

Duncan Osborne, Forum Coalesces Around Gender Bill, Gay City News, Feb. 14, 2003.

Duncan Osborne, NY Gender Rights Bill Emerges, Gay City News, April 4, 2003.

McGrath v. Toys ‘R’ Us [PDF – NY COA website]

Decision from New York’s highest court on a certified question from the Second Circuit as to the question of attorneys fees in a (nominally) successful case brought under now-inclusive New York City law.

North Carolina

Birth Certificate Statute (1975 Session Law - yes, 1975!)

North Dakota

Ohio

Maxey v. Appell

In re Ladrach

Birth Certificate Statute proposal (1979)

In re Kantaras (post-Ladrach order for gender correction on Michael Kantaras' birth certificate) [from Court TV website]

In re Maloney

Probate Court (Magistrate's Decision) [PDF file]

Probate Court (Judge's Opinion) [PDF file]

Court of Appeals

Supreme Court

Briefs

In re Application of Nash and Barr

Briefs [NOTE – 01/01/2005: These links had been broken via a shift in the rightwing religionist site on which they are located; I believe I’ve repaired all of the links now]

Court of Appeals

Brief of Jacob Nash and Erin Barr [PDF file - offsite]

Brief of Citizens For Community Values (right-wing religionist group opposing transsexual reality) [PDF file - offsite]

Oklahoma

Audio of now-U.S. Senator Tom Coburn talking about “rampant lesbianism” in Oklahoma schools.  In case the link to the audio file goes bad, this is a transcription:

“You know, Josh Burkeen is our rep down here in the southeast area. He lives in Colgate and travels out of Atoka. He was telling me lesbianism is so rampant in some of the schools in southeast Oklahoma that they'll only let one girl go to the bathroom. Now think about it. Think about that issue. How is it that that's happened to us?”

Not T-specific, but, as a result of the 2004 presidential election, this guy likely will be sitting on the Senate Judiciary Committee. (2)

Oregon

K. v. Health Div.

Court of Appeals

Supreme Court

Birth Certificate Statute

The BOLI decision

'The Family Act' (proposed religionist initiative - negatively transgender-inclusive)

Pennsylvania

In re Dickinson

In re Dowdrick

In re McIntyre

In re Harris

Puerto Rico

Ex Parte Torres

Opinion [from Puerto Rico Supreme Court website; in Spanish]

News story: Gay People's Chronicle, July 21, 2000

News story: Turkish Daily News, Aug. 16, 2000

News Story: Advocate.com, July 18, 2000

Rhode Island

Transgender Amendments to State Civil Rights Law (2001 Session Law)

South Carolina

Although I have trouble recommending it because, in the end, it is trans-dismissive at best (and transphobic at worst), an interesting interplay between a transsexual and South Carolina law can be found in Edward Ball’s book about the MTF author Dawn Simmons entitled Peninsula of Lies.

South Dakota

Birth Certificate administrative regulations

Tennessee

Anti-Birth Certificate Statute (1977 Session Law)

Statute

Legislative Journal Entries

News Coverage

I could just leave this blank, but that wouldn't convey the message that needs to be conveyed - and that no one seems willing to acknowledge. There appears to have been no coverage of it at all. I've recently reviewed The Tennessean (the major Nashville newspaper) from the time of the consideration by the Tennessee Legislature of the vital statistics amendment bill and can find nothing mentioning the bill at all, much less the anti-transsexual subsection (which was tossed in as a last-minute floor amendment.)

Why is this absence of coverage significant? Well if there is a transsexual component to the purported 'strong public policy' against same-sex marriage which courts in certain states are so eager and willing to imagine (instead of searching actual legislative history of anti-same-sex marriage statutes; of course, they won't find any there), even in 1977, don't you think that a provision such as this - denying Tennessee-born transsexuals the ability to change their birth certificates to reflect port-transition reality - would have been touted as a grand defense of all that is (allegedly) right and good? Now, don't get me wrong - the law passed, with the anti-transsexual amendment voted onto the bill by wide margins. But, the lack of coverage certainly suggests that it was just a cheap shot against a sexual minority that, even today, even the gay rights industry won't stand up for; it was not a grand defense against what anyone perceived as being a 'threat' against an imagined 'public policy.'

Eventually, I will include here some cites to legislative / legal items that were significant enough to make it into The Tennessean in the spring of 1977.

A.G. Opinion

Hines v. State  [PDF file]

Not a transsexual case per se, but one in which there was testimony from a female-to-male transsexual.

State v. Jackson  [PDF file]

Opinion upholding the conviction of the murderer of a transgendered person.

Texas

State v. Garcia

Court of Criminal Appeals opinion

Briefs

1973 Anti-Same-Sex Marriage Statute

Birth Certificate Statute

Pre-1989

1989 Codification

In re Kantaras (Michael Kantaras' name change order, from when he lived in Texas) [from Court TV website]

McIsaac v. State

In re McKellar

In re Goins (this is a very simple, pro se petition and order; if you ever come across the briefs from Goins v. West Group, a copy of it should be there.)

Littleton v. Prange

Court of first instance

Court of Appeals

Majority

Concurrence

Dissent

Briefs

Writ of Certiorari

Campos v. State

Manning v. State

A Jan. 22, 2004, unpublished, per curiam opinion from the Eastland Court of Appeals - although it was in an appeal from a Dallas County murder conviction. According to the text of the opinion, the victim was a transsexual. However, the short opinion does not include the victim's name or when the murder occurred. According to information on the Eastland Court's website the case originated in the 204th District Court, of Dallas County, before Judge Mark Nancarrow, Trial Court Case #: F-0174021-UQ. If anyone has any info as to who the victim was, please e-mail me (and, I'm sure Gwen Smith would appreciate the info as well for Remembering Our Dead.)

In re Carter

Family Court (Nov. 2003)

14th Court of Appeals (Nov. 2003)

Texas Supreme Court (Dec. 2003)

Houston Chronicle story (March 2, 2004)

Houston Chronicle story (June 3, 2004)

Transsexual-specific Identity Documentation Bills

1995

Introduced

Committee Report

Bill Analysis

1999

2001

2003 (as a proposed amendment to Anti-Same Sex Marriage Statute)

Video of Senate Floor Debate of April 14, 2003 (from Texas Legislature website), when the amendment was proposed by Sen. Leticia Van de Putte.  The portion dealing with the pro-transsexual amendment covers approximately 15 minutes and takes place a little more than half way through the clip when the Senate takes up CSSB 7.

Other Video

Senate State Affairs Committee, April 3, 2003, morning session (from Texas Legislature website)

Approx. 2 hours in length.  NOTE the lack of any mention of transsexuals.

House Floor Debate, April 29, 2003 (from Texas Legislature website)

Portion dealing with SB7 is approximately 45 min. in length.  NOTE the lack of any mention of transsexuals.

2003 Anti-Same Sex Marriage Statute

Key: This contains NO specifically anti-transsexual language.

1973 Anti-Same Sex Marriage Statute

Session Law

Audio

House Judiciary Committee Hearing, March 13, 1973 (audio file made from cassette recording which is housed at the Texas State Archives).  I don’t have it posted yet, but what I will be including is that portion of the hearing dealing with the Family Code Amendment bill (it was a LONG hearing, addressing several complicated bills), that contained the language that was ultimately cited against Christie Lee Littleton in Littleton v. Prange, even though there was no anti-transsexual intent.  Nevertheless, one will hear of a same-sex marriage involving two men, one of whom appeared in drag and committed fraud to allow the couple get a marriage license.

Media/Commentary (related to the same-sex marriage case that the statute was enacted in response to)

Rob Shivers, Texas Gay Marriage Apparently Within Law, The Advocate, Nov. 8, 1972 at 7.

James W. Harper and George M. Clifton, Heterosexuality: A Prerequisite to Marriage in Texas?, 14 S. Tex. L. Rev. 220 (1973).

Utah

Birth Certificate Statute

2004 Anti-Same Sex Marriage Statute

Key: This contains NO specifically anti-transsexual language.

Audio

Vermont

A primer on how 'civil unions' do nothing for transsexuals.

Pro-transsexual A.G. opinion

Media

Vermont Attorney General Issues Landmark Ruling Prohibiting Discrimination Against Transgender Employees, GLAD Press Release, April 23, 2004.

Virginia

Birth Certificate Statute

1985-86 Va. A.G. Op. 182

Washington

Doe v. Boeing

O'Hartigan v. Department of Personnel

West Virginia

Conway v. Hampshire County Bd. of Education

W.V. Supreme Court of Appeals Opinion

A.G. Opinion

1984 Advocate article (excerpts)

Wisconsin

Birth Certificate Statute

The 1982 statewide transphobic, gay-only rights statute

City of Madison Ordinance

Dane County Ordinance

Wyoming

A.G. Opinion [not TG-specific, but interesting]

 

Canada

Montreuil v. National Bank of Canada  [PDF file - from CHRT website, approx. 220KB; the website also has an HTML version of the opinion]

2004 Canadian Human Rights Tribunal decision (in English) finding that transsexual had stated a valid claim for discrimination based on sex.

British Columbia Birth Certificate Statute

British Columbia transsexual discrimination tribunal decisions

Mamela v. Vancouver Lesbian Connection

Sheridan v. Sanctuary Investments, Ltd. d/b/a/ B.J.'s Lounge

Ferris v. Office and Technical Employees Union, Local 15

Nixon v. Vancouver Rape Relief Society d/b/a/ Rape Relief and Women's Shelter

Decision in B.C. Supreme Ct: Vancouver Rape Relief Society v. British Columbia Human Rights Commission

Manitoba commission report (1976) [I haven’t had the opportunity to scan this yet, but, if you’re in the area, I know that the law library at Berkeley has (or did in May of 2001) a copy; that’s where I found it.]

 

Australia

Marriage of C and D (Falsely Called C)

Secretary, Dept. of Social Security v. S.R.A.

In re Kevin (court of first instance)

In re Kevin (full Family Court)

Menzies v. Waycott

 

New Zealand

Attorney General v. Family Court of Otahuhu

 

Switzerland

In re Businger

In re Leber

I will eventually have the text of this extremely important 1945 (yes, 1945!) Cantonal Court opinion on this site, but in the mean time, one can find the English translation of the opinion in the appendices of Eugene de Savitsch's 1958 book, Homosexuality, Transvestism and Change of Sex.  It’s a bit obscure; you're more likely to find it in a medical school library than a general library.

 

Republic of Ireland

Foy v. An t-Ard Chlaraitheoir

 

United Kingdom

Corbett v. Corbett

R. v. Tan

Cossey v. United Kingdom

X, Y & Z v. United Kingdom

Sheffield and Horsham v. United Kingdom

Rees v. United Kingdom

W. v. W.

Bellinger v. Bellinger (court of first instance)

Bellinger v. Bellinger (Court of Appeal)

Bellinger v. Bellinger (House of Lords)

First portion

Second portion

Third portion

Fourth portion

Goodwin v. United Kingdom

I v. United Kingdom

For recent developments on moves by Parliament to overturn Corbett, refer to the website of Press For Change

P. v. S. and Cornwall County Council

A. v. Chief Constable of the Yorkshire Police

 

 

IMPORTANT NOTE:

Many of the links to opinions that actually have conventional (translated: West Publishing) cites are to either the official court releases of the opinion or other presentations of the opinion. Consequently, any conventional pinpoint cite that you might have won't be of a lot of help. However, when I add a link to this site, the link contains the full text of the opinion in question - so, what you're looking for is there but you'll just have to do your own looking.

 

(12/31/2004) SECOND IMPORTANT NOTE:

I know – a number of the links have gone bad since I originally set this page up.  I’m doing what I can to rectify this.  For the UK cases with broken links, try the Press For Change website.  It is a very good resource and it is what I link to for a number of the UK decisions anyway.

 

Footnotes:

(1) As historian Susan Stryker recently observed: "There has never been a transgendered person hired to teach queer studies specifically in academia," adding, "That's like having a women's studies department with no women faculty." Marcel Przymusinski, Stryker Shares Queer Journey, Yale Daily News, Oct. 9, 2003. The same is apparently true for MTF attorneys and GLB(T?) civil rights organizations (and is almost as true regarding FTMs). So, if you find this website useful - or if you're an MTF looking for help from a GLB(T?) civil rights organization, ask why there aren't any MTF attorneys there to lend expertise to your concerns.

(2) From: http://www.dailykos.com/story/2004/10/11/14503/642.

 

© 2003, 2004, 2005 Katrina C. Rose

 

Last updated Jan. 2, 2005.   Hoppy Gnu Year!