Topic: Law

Originally appeared in Transgender Tapestry #101, Spring 2003.

A Guide for Criminal Justice Personnel

A joint initiative of the Women/Trans Dialogue Planning Committee, the Justice Institute of BC, and Trans Alliance Society
? 2003 Trans Alliance Society

The Oscar-winning film Boys Don?t Cry told the story of Brandon Teena, a young trans man who was killed in Nebraska. After Brandon was arrested for cheque forgery, police reported to a local newspaper that Brandon was legally and biologically female. Brandon was subsequently abducted, beaten, and raped by two acquaintances who were outraged that Brandon was trans. Despite threats by his assailants that they would kill him if he told police about the assault, Brandon did report the rape, and named the men who had assaulted him. Police scorned and mocked Brandon, and no charges were laid. Two days later, the same assailants killed Brandon and two of his housemates. Courts found the police officials partially responsible for Brandon?s death.

Originally appeared in Transgender Tapestry #097, Spring 2002.
by Andrew N. Sharpe

This article considers and situates within the context of English transgender jurisprudence a recent decision of the Family Division of the High Court, W. v. W. The decision, which recognized the sex claims of an intersex person for marriage purposes, is significant in that it departs from the legal test for determining sex enunciated by Justice Ormrod in Corbett v. Corbett. However, while the decision might be viewed as representing something of a thaw in English judicial approach toward transgendered people, it will become clear that the judgment of Justice Charles tends to bolster the underlying legal reasoning in Corbett?a decision which has for over 30 years now stood between transgendered people and legal reform. Of course, W. v. W. is not the first case to bolster Corbett. There is an entire line of English cases decided in its wake which do that, including, most recently, Bellinger v. Bellinger and another case. Nevertheless, W. v. W. is of particular significance because it consolidates Corbett even and precisely at a moment of reform, and serves to redraw our attention to what is really at stake in transgender cases in the English context, especially those involving issues of marriage.

Originally appeared in Transgender Tapestry #097, Spring 2002.

by Gianna E. Israel

Copyright 2001 by Gianna E. Israel
This article was reviewed and edited by Barbara Anderson, Ph.D., Dee Deidre Farmer, Attorney Ann Grogan, and Sheila Kirk, M.D.

Not surprisingly, many people believe those who are imprisoned deserve what they get. Among law-abiding citizens, a prevailing attitude exists that wrongdoers must be punished. However, what becomes lost to moral argument is the pattern of victimization experienced by transsexual and other transgendered inmates?treatment which has no place in a progressive, ethical society.

Originally appeared in Transgender Tapestry #096, Winter 2001.
by Alexander John Goodrum

I come late to organizing as a transgender activist. In doing so, I?ve learned a lot. I?ve learned transgendered people truly are everywhere and not just in New York, San Francisco and Washington D.C. I?ve learned many want to quietly assimilate into the white, heterosexual, middle class status quo that is the dominant culture of our nation. I?ve learned quite a few of us have no wish or desire for such assimilation?that for some of us, our greatest desire is to shake up that dominant culture, to question gender and identity on every level?social, biological, political and personal. I?ve learned that perhaps right at this moment there is a transgendered person?most likely an MTF transsexual or crossdresser, most likely a person of color, being brutally murdered. I?ve learned people much younger than I are coming out as transgendered in ways I never believed possible when I was their age and are challenging not only the status quo, but also calling on ?old? activists like me to take another look around and see the world through their eyes.