Updates from Transgender Law Center
July 2014
 
  
  
DOL's New Transgender Guidance

  

VIDEO: Moving Story of Trans Mormon 

  

VICTORY! MD Ends State Exclusion  

 

Unfair Hearings 

 

Withdrawal of ENDA Support  

Al Jazeera Exposes FBI Conduct  

  
  
 
  
 
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Meet the Trans Woman Who's Suing Hobby Lobby! hobbylobby
  

Since 2011, Meggan Sommerville has been suing her employer Hobby Lobby Stores, Inc. - fighting for her right to use the restroom that matches her gender identity. Her employer of 16 years says they'll only acknowledge that right once she submits proof of gender confirmation surgery - despite the fact Meggan is legally recognized as female on her identity documents and her employer's health plan.

 

Earlier this month the Supreme Court ruled in favor of Hobby Lobby, after they challenged the Affordable Care Act's requirement that for-profit companies must provide their employees with contraceptive health care coverage. That ruling and Meggan's case have now caused some news outlets to investigate how religious beliefs could be used to deny transgender people access to the same employment opportunities as their non-transgender coworkers.

 

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PROGRESS! Executive Order Signed! execorder

Transgender Law Center applauds President Obama for signing an executive order banning federal contractors from discriminating against lesbian, gay, bisexual, and transgender (LGBT) workers. The order also makes clear that federal employees, who were already explicitly protected from discrimination on the basis of sexual orientation, are protected from gender identity discrimination as well.

Presidential executive orders have been used for 70 years to ensure that employers that receive federal money cannot discriminate based on characteristics such as race, gender, and religion.

Transgender Californians Celebrate Streamlined Name & Gender Changes canamegenderchange

The final piece of Assembly Bill 1121 goes into effect on July 1, 2014. AB 1121 was a 2013 California bill sponsored by Transgender Law Center and Equality California and authored by Assembly Speaker Toni Atkins (D-San Diego). It was signed into law by Governor Brown in October 2013.
 

The first phase of the law, which went into effect January 1, made it easier for transgender people born in California to obtain an accurate birth certificate by removing the requirement that they present a court-ordered gender change in order to amend a gender marker on a birth certificate. Instead, they now have the option to just submit a form and a doctor's letter directly to the state Department of Public Health along with a $23 fee.

 

PROGRESS! Illinois Bans Insurance Discrimination Based on Gender Identity! illinois

 

On June 29th, Illinois became the latest state to prohibit health insurers from discriminating against transgender people in health plans. Currently, eight other states and the District of Columbia prohibit discrimination.

 

Transgender Law Center applauds all of the advocates and government staff who helped make this achievement possible.

 

 

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Good News? Chelsea Manning to Receive 'Rudimentary' Transition-Related Caremanning

 

Transgender Law Center is pleased to report that Chelsea Manning will have access to "rudimentary treatment" for her gender transition, according to an announcement made by Defense Secretary Chuck Hagel. At this time it is unclear what specific treatment she will be allowed. It is critical that all transgender people, including those who are incarcerated and detained, have access to life-saving health care. Transgender Law Center will continue to urge the Department of Defense that "rudimentary" treatments include all health care defined as medically-necessary by the preeminent health care organizations including the American Medical Association and American Psychiatric Association.

 

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San Francisco Names Street After Transgender Icon Vicki Marlanevickimarlane

 

At the end of this year's San Francisco Trans March officials and community leaders unveiled a new street sign. Turk Street, between Jones and Taylor in the Tenderloin, has been renamed in honor of Vicki Marlane, a late transgender performer and community activist. Felicia Flames, Transgender Law Center SPARK! vanguard awardee in 2012 and a close friend of Marlane's, was key in getting the change approved and planned the dedication ceremony. "I am very proud of our trans community...It is going to be a historic event," Felicia said, adding that she was most proud that she has lived to see "a trans woman's name on a San Francisco street."

 

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Department of Labor's New Transgender Guidance deptlabor

Transgender Law Center is pleased announcement from the US Department of Labor earlier this month that it is updating its enforcement protocols and anti-discrimination guidance to reflect more comprehensively the outcome of Macy v. Holder, a 2012 case in which the US Equal Employment Opportunity Commission clarified that federal law prohibits employment discrimination based upon gender identity. Ms. Macy was represented by Transgender Law Center.

 

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Moving Story of a Trans Mormon Woman's Journeymormon

 

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VICTORY! Maryland Ends Healthcare Exclusions for Trans State Employees maryland

 

Transgender Law Center commends a resolution issued today that will remove healthcare exclusions affecting transgender employees of the state of Maryland and establish a clear process for them to access the health care they need. The case was brought by FreeState Legal, representing Sailor Holobaugh, a transgender University of Maryland employee who was denied coverage for a medically necessary procedure. FreeState and Holobaugh argued that transgender healthcare exclusions violate the provisions of the Fairness for All Marylanders Act passed earlier this year, which prohibits discrimination on the basis of gender identity and gender expression.

 

In response to the complaint, it was decided that Holobaugh would receive compensation for his particular medical expenses, and the Maryland Department of Budget and Management would establish a new "Gender Dysphoria Benefit" for Maryland state employees' healthcare plans. This will make it possible for all employees of the state to receive coverage for medically necessary care, including hormone and surgical treatment.

 

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Sleep-Deprived + Hungry + Degraded =
Fair Hearing?icedetention

 

Every weekday morning, buses carrying dozens of people detained by Immigration and Customs Enforcement (ICE) pull up to the immigration court building in downtown San Francisco. One by one, the passengers emerge from the bus wearing jumpsuits and metal handcuffs, belly chains, and leg irons, stumbling from the restraints. Immigration detention is supposed to be "civil" as opposed to incarceration as a punishment for a crime, but the conditions on those buses are anything but civil. Journeys of up to five hours take place with no drinking water and no restroom. When they finally arrive in San Francisco, the food and water they are offered is often inedible - so many do not eat or drink water before giving life-altering testimony.

 

Sleep-deprived, sore, hungry, dehydrated, and demoralized, immigrants must appear in court to plead their case before an immigration judge, often without a lawyer to represent them. Transgender immigrants and other survivors of past violence recount their traumatic experiences in detail on the stand. They face deportation to countries where their lives are in danger if their testimony is deemed not credible due to their demeanor or inability to remember exact details consistently. But how can they deliver convincing testimony when physically and emotionally drained? Clearly, the way ICE transports immigrants to court gravely impacts the fairness of their hearings and re-traumatizes survivors of violence.

 

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Joint Statement on Withdrawal of Support for ENDA and Call for Equal Workplace Protections for all LGBT Peoplewithdrawenda

 

The provision in the current version of the Employment Non-Discrimination Act (ENDA) that allows religious organizations to discriminate based on sexual orientation and gender identity has long been a source of significant concern. Given the types of workplace discrimination we see increasingly against LGBT people, together with the calls for greater permission to discriminate on religious grounds that followed immediately upon the Supreme Court's decision last week in Burwell v. Hobby Lobby, it has become clear that the inclusion of this provision is no longer tenable. It would prevent ENDA from providing protections that LGBT people desperately need and would make very bad law with potential further negative effects. Therefore, we are announcing our withdrawal of support for the current version of ENDA.

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Transgender Law Center recently signed on to a letter that called on the President and the Department of Justice to increase transparency and establish clear guidelines prohibiting profiling on the basis of race, religion, national origin, sexual orientation, and gender identity across all law enforcement and government agencies.

Now, Al Jazeera has released a new video documenting the activities of FBI informants.  These operatives are tasked with attempting to identify potential terrorists on US soil.  But as this investigation shows, this often takes the form of the agents entering Muslim, Arab, Latino, and African American communities, identifying vulnerable or alienated young people, and attempting to recruit them into terrorist plots that do not exist.  We consider these tactics to be morally questionable and grounded in racist and xenophobic prejudices; they constitute a form of entrapment and undermine the credibility of the FBI and the American government in general.
  
LGBTQ Orgs Endorse August 2nd National Day of Action for Administrative Relief & Immediate Halt to DeportationsAugust2nd

Southerners On New Ground, Transgender Law Center and many others are joining forces on August 2nd in Washington, DC, to amplify the national call to demand that President Obama grant the broadest administrative relief possible and implement an immediate halt to deportations!
  
PROGRESS! Washington, DC Changes Police Record ProtocolsDCpolice


After facing years of abuse from the Washington DC police department, Patti Shaw fought back and won. Although Patty had changed all of her identity documents, the Police compromised her safety and well being by refusing to house her with women. As a result of a settlement with advocate Patti Shaw, the Washington, DC Metro Police Department (MPD) has agreed to change its classification policy so that transgender detainees will be classified based on the gender listed on their ID (if they so wish).

Patti also won a cash settlement, part of which she plans to use to set up transitional housing for trans folks in DC, in collaboration with Casa de Ruby.

 

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