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Ruby Corado on being gender queer in the nation's capital, Interview by Sean Bugg 03/30/2006

When Ruby Corado arrived in the Washington area as an immigrant from El Salvador, she was a teenager. She was also male.

"What marked the point when I decided I needed to leave was when I saw that my life was in danger for political and sexual orientation reasons," says Corado of her journey to the U.S.

A self-described "very, very feminine" youngster, the then-teenage Corado slowly entered the D.C. gay scene, discovering a new world in the glitter and glamour of drag. And over the years, what may have started as drag revealed itself to be a part of everyday life.

Since that realization, Corado -- she chose to use the maternal family name in honor of her mother, who died of cancer -- has launched herself into the world of GLBT activism. Most significantly, she was part of the Coalition to Clarify the D.C. Human Rights Act, a group of activists who successfully mobilized to change D.C. Human Rights Act to include protections for gender identity or expression. The law took effect this March.



In a city that's seen horrific violence against transgender people, including a string of murders over the past few years, this legislative change is both a practical and political victory. And with the involvement of a broad range of transgender activists and gay and lesbian supporters, it has helped solidify the sometimes uncertain positioning of transgender issues within the GLBT acronym.

"This is a great victory for transgender people in D.C.," she says. "Not because discrimination is going to magically stop, but because we've shown that when transgender people and our allies come together we can improve things, for ourselves and our communities."

For the 35-year-old Corado, it's also a personal victory, marking another step in a journey that escaped persecution in one land only to help defeat it in another.

METRO WEEKLY: Did you realize you were different as a child?

RUBY CORADO: I don't want to stereotype all gay people, but I do think that if we look within ourselves, most gay people carry some level of specialness. It can be constituted as being either "too butch" or "too feminine." I got in touch with a huge chunk of my feminine side as early on as 4- or 5-years-old. I remember we used to play circus in my house with the neighbor kids, and I wanted to be the ballerina. I didn't want to be the master of the circus, I wanted to be the dancer.

MW: How do you identify?

CORADO: I identify as Ruby, the person. But I have learned to modify myself to fit into what the movement really labels me, which is transgender. I'm perfectly happy with that. Even when I wasn't really out, I was more feminine. Then when I was out I was super feminine -- I used to call it ''super gay,'' and for many years that's really how I identified myself. Right now, based on the changes that I made to my body, I certainly identify as a transsexual. I don't want to [have] the debate of whether I'm gay, because I work and I live and I breathe LGBT, so sometimes I go back and forth. But if I'm sitting with my friends -- most of them are gay -- I don't feel any less than they are and they don't feel any more than I am.

MW: You were very involved with the local drag scene.

CORADO: That all started around 1993 in the club scene, which I was very much a part of. A group of us would perform and do the pageants and the shows -- it really felt very good. Around 1995, I won a pageant. I felt like I had just won the presidency. [Laughs.] I took the title and I used it to promote HIV prevention. I started talking about violence [against the community]. I took it very seriously. When I was on stage I was Miss Ruby Bracamontes, but I wanted to take it a little further. I didn't want to just keep it in the club -- I wanted to parade my crown during the day. And it really empowered me to speak about the things that were happening in the community.

MW: When did you decide to transition to living as a woman?

CORADO: Physically, in the early '90s. It depends on how you define it. Sometimes I had to be butch and straight-acting, but it really didn't work because no matter how straight-acting I tried to be, I still had the hand mannerisms and the way of talking that was very unique. But around 1995, I realized that when I was leaving the clubs on Friday and Saturday nights, when I came into the daylight, I didn't want to go back to being the other person.

MW: How did the people around you react?

CORADO: I started educating people prior to the body changes. Even when I had a beard, I already had identified myself as who I was -- I was Ruby. So when I had made the change it wasn't really about having them accept me, because they already had. It was about celebrating.

MW: How about your family's reaction?

CORADO: I have been very lucky, because I have a really good family. For many, many years I really tried to pull away from them because I didn't want to hurt them. Knowing that I was gay, it was already a little tough on them. But overall, my mom, in particular, she was very accepting. And my sisters have been my biggest supporters. They have been really good.

MW: What led you to get involved with the coalition to change D.C.'s Human Rights Act?

CORADO: In the '90s, my friends and I would go to a party or a club on Saturday and we'd have so much fun. It would be 4 a.m. and we wanted to still be in drag and living in the moment we were having. And then people on the street would start calling us names. That's really how it all started. I realized that there were many of us who were very feminine -- what we call ''gender queer'' now -- and we had some special needs.

Also, for myself, I realized that with all of the changes I was going through, I was feeling fabulous. I was really living the life I wanted to live and feeling great and so proud of myself and on top of the world. And then I get on the bus and get called ''faggot.'' And that's when I realized that the person I was becoming really had fewer opportunities, had many more barriers than when I looked not so feminine. I actually lost my job.

I was finding that things were a lot tougher. This beautiful, wonderful, amazing person that I was becoming was not supposed to be out in public. And because I was bringing it out in public, people were very cruel. I would apply for jobs and they'd look at me funny from the moment I walked in the door. Really, when I was living as a gay person I had some benefits, because even when I was super gay, the moment I looked butch, that's where it all stopped. But once I was becoming this gorgeous person, there was no turning back. I cannot be butch anymore. I am who I am. And that's how I got involved as an activist.

In 2004, a group of 40 of us decided we wanted to take it a little further. We realized that the protections for transgender people, gender-queer people who do not conform to the normal male/female [roles] did not have many clear protections. We hoped that by changing legislation, particularly the city's Human Rights Act, that the episodes that we all had lived through -- applying for a job or an apartment and not getting it -- would be clearly stated as not okay. The coalition is really a big group of very dedicated people who wanted to see change.

The majority of people in the coalition are transgender -- people who are beginning in the process, people who have been living their lives as transgender individuals for many years, and well-known transgender activists. But there are a lot of people who really sympathize with the gender queer or the queer transgender movement. The coalition is primarily a group of transgenders, but with a lot of support from the community.


Corado
MW: What was the biggest hurdle in getting it through the Council, from your perspective as an activist?

CORADO: The biggest thing was that we needed to believe in it and ourselves. There was no question that the needs of transgender people are huge, and we really wanted to believe that this would be something that would offer some tools to fight discrimination, to open opportunities for transgender people. So we had to put it out there in the community, making sure that everybody understood what the current situation was for transgender people. It was convincing a lot of people and organizations to sign on to the whole idea, to get community support for what we were doing.

Once the bill was introduced, to our surprise the entire Council signed on to it. That was something very pleasant, because for people like myself who work with transgender people and gender queer people, what we sometimes encounter with government is not pleasant. Then all of a sudden the City Council unanimously signs on to the bill. It was comforting because it showed that they knew that this was very important to the whole community.

MW: When you look at the Human Rights Act as now amended, what's the best thing you expect to happen?

CORADO: For many years in this city, transgender people have had really bad experiences, beginning with the violence that we've suffered. D.C. is one of the five worst cities for transgender people in the whole country. And being out there every day trying to survive and then trying to integrate into a society that doesn't have clear protections for transgender and gender queer people, having this [law] is like a big gift because sometimes in order to fight a war you need to have ammunition.

It feels like we have a tool to educate people, a tool to educate ourselves about what our rights are. It's very frustrating for a community activist that every day we encounter the needs of transgender and gender queer people, and sometimes there are very few things that we're able to do. If we have a kid who is transgender or gender queer who doesn't have a job, a place to live or medical care -- sometimes we just don't have many things that we can give them. So this legislation making it clear that it is not okay to discriminate, we have something we can begin to use as a tool in educating people.

MW: You mentioned the difficulties the transgender community has faced in D.C. over the past few years, particularly violence. Why do transgender people face such problems?

CORADO: Unfortunately, in big cities like D.C., we have transgender people who are so out and so proud, that some people feel that it's not okay, that we are not supposed to be happy. And, unfortunately, it translates into violence. In the last decade there have been a lot of transgender people killed, not to even mention the transgender people who have been beaten up. There's not a month that goes by that you don't hear about somebody getting beaten up in Columbia Heights, Adams Morgan, Capitol Hill, you name it. They aren't getting beat up for being straight-acting. They're getting beat up for being too feminine, for being too butch.

MW: Would you feel comfortable if you had to call for emergency medical service in D.C.?

CORADO: Ever since the 1995 case of Tyra Hunter [a transgender woman who died from injuries in a car wreck after a paramedic refused to provide treatment when discovering Hunter's male genitalia], it really has stuck in a lot of peoples' minds. There's a lot of transphobia, so sometimes you think twice about it before calling the police department, because all of a sudden the crime you called about is not the first thing they see, it's your gender identity. Do we feel that everything is perfect? No. Have we made changes? Yes, there have been changes. Having clear laws that tell people who come in contact with transgender and gender queer people that it is not okay to discriminate, puts a little question mark in their heads.

Last summer, when it was really hot, I had a heat attack and I couldn't breathe. I really tried for about two hours to get better by myself -- lying down, drinking water, putting ice on. Then, even though I felt like I was dying, I really had to think twice about calling 911. And very sadly, before the ambulance came, I was thinking I was dying and I was trying to fix my hair. Why did I have to do that? Because in my mind I'm thinking if they're putting a transsexual person in the ambulance I have to hide my genitals. I have to hide who I am because my life depends on those two people. That shouldn't have to happen. If someone goes to a club in drag and the ceiling falls on their head, should they have to worry about taking their wig off before they can get care? That's really not okay.

We are very lucky that we have, for instance, the police department's [Gay and Lesbian Liaison Unit], which has done tremendous work reaching out to transgender and gender queer people. However, other things are not so good. You have people committing crimes against transgender people, killing them, and the crimes are not resolved.

But we have grown as a community where we have learned from our peers, from community leaders, from transgender leaders. The new generation is more aware of what is not okay: It is not okay to be called a faggot, it is not okay to be called a weirdo or a psycho. And we're getting involved. So things have changed because we have the opportunity to go to City Council meetings and talk about these horror stories so they can try to help us. People are more aware because transgender and gender queer people are coming out very young and they are all up in your face.

MW: What about the ongoing controversy about including transgender issues with gay and lesbian issues?

CORADO: Sometimes, when people try to exclude us, it really feels a little hurtful. It's like when you are a child and you grow up at home: That's your family, that's your community. And then all of a sudden life evolves and we are no longer just in drag, we're not just being femme or butch. We're taking it a little further because it feels better, because it really is who we are.

And then you have people saying, ''Oh, honey, you don't belong here.'' Or questioning whether transgender people fit into the whole LGBT [community]. It feels a little funny. It feels a little, how can I say, hard? Because when we're walking down the street, who gets called the big faggot? I get it. I sometimes feel like I take a lot more shit, but it's okay because I know who I am. So sometimes when I see in the gay community people questioning whether we should even be here? It's like, honey, do you remember when we were getting drunk together? The only thing that has changed about me is my bust size -- and maybe a little in the hips -- but I'm still the same person.

That's the message that the coalition wanted to put out to the whole community. This piece of legislation was pushed by transgender people uniting, but the whole LGBT community needs to take ownership. Because when you have your siblings out there who cannot get a job, cannot get an apartment, who get kicked out of clubs, out of restaurants, out of movie theaters, this really affects us all. When I get called a faggot, it's not different from when you get called a faggot. It is not okay. If you wanted to parade down 14th Street, and just be yourself having a fabulous gay old day, and people discriminate against you, this law protects you. We all need to take ownership of this because it is something that belongs to all of us.


N. Ireland to track anti-transgender attacks
by Gay.com U.K.

Attacks on transgender people will be counted among possible hate crimes for the first time in Northern Ireland from today, as police attempt to tackle violence in the province. Officers will now record anti-transgender attacks to create a stronger appreciation of how bad violence is against transgender people. The system will follow similar recording systems in place for homophobic, racist and sectarian attacks.

The Police Service of Northern Ireland says it hopes the new system will help it tackle the problem of violence in the province more effectively. Gay rights groups have welcomed the move, saying reporting of homophobic attacks has encouraged more victims to come forward.

"Transphobia is something that is very, very real and experienced by transgender people on a daily basis," said David McCartney of the Rainbow Project, an LGBT activist group. "It can be only minor verbal abuse, but it can have serious long-term implications for the health and welfare of the individual concerned."

"There are also many more serious incidents, and it is extremely important that these are recorded," McCartney said. However, the DUP political party has slammed the proposals, with one party figure telling the Belfast Telegraph that it is "political correctness gone mad." "One way of ensuring that people think they are different is to record the crimes against them individually," said outgoing DUP Policing Board member Sammy Wilson.

Anti-gay attacks have increased in the region, according to figures released by the police force. There were 187 attacks between April 2005 and January 2006, an increase of 29 over the same period last year.


Mixed Oscar results for gay, transgender themes
Monday, March 6, 2006

LOS ANGELES, California (AP) -- Even before the first gleaming Oscar was presented, Hollywood's biggest night was already a milestone for the gay, lesbian and transgender community. Three films -- "Brokeback Mountain," "Capote" and "Transamerica" -- dealt with gay or transgender characters, drawing critical acclaim and a combined 15 Oscar nominations. But a sweep wasn't in the cards for those films.

"Brokeback," with a leading eight nominations, did win Oscars for best director, adapted screenplay and original score. "Capote," which had five nods going into the awards, earned the best-actor honor. "Transamerica" was shut out, despite great reviews for lead actress Felicity Huffman.

Gay advocates said the number of Oscars earned by those movies wasn't as important as their impact on Hollywood and America. "The films lead to conversations, and conversations lead to greater awareness, a level of comfort with gay and lesbian Americans," said Neil Giuliano, president of the Gay and Lesbian Alliance Against Defamation. Others weren't surprised that the gay-themed films found mixed success at the Oscars.

"I think America sent a message to those in the industry that this isn't something that they're interested in, and hopefully this was something that weighed heavily on them as they voted for these pictures," said Alan Chambers, president of Orlando, Florida-based Exodus International, a Christian organization that promotes "freedom from homosexuality." Chambers acknowledged, however, that Hollywood will likely keep pushing the envelope with more films dealing with gay themes.

All the attention -- and even the jokes -- that "Brokeback" and the other films generated helped gay cinema, said Jennifer Morris, co-director of the San Francisco International Lesbian, Gay, Bisexual & Transgendered Film Festival, which is marking its 30th year in 2006. "That's the best thing about these films, especially with 'Transamerica' and 'Brokeback Mountain,"' Morris said. "This really was a groundbreaking year."



City Council votes to extend gay, transgender protection

Wed, Mar. 15, 2006
Associated Press
http://www.ohio.com/mld/beaconjournal/news/state/14106309.htm


CINCINNATI - City Council voted on Wednesday to extend protection against discrimination to homosexuals and transgender people, the city's first action to provide such protection since the repeal of Cincinnati's ban on gay-rights laws.

The ban on gay-rights laws that was repealed in 2004 was the only such ban in the nation. It had forced elimination of homosexuals from the city's human rights ordinance. By an 8-1 vote, council amended the current human rights ordinance to extend protection against discrimination to homosexuals and to transgender people in jobs and housing. The city's human rights ordinance protects people from that type of discrimination based on race, gender, age, color, religion, disability status, marital status or ethnic, national or Appalachian regional origin. The change to that ordinance, effective next month, adds "sexual orientation or transgendered status" to those protected categories.

"By passing this ordinance, we are saying as a city that discrimination of any kind against anyone will not be tolerated," Councilwoman Laketa Cole said earlier. A vast majority of people speaking at a hearing Tuesday of council's Law and Public Safety Committee favored the measure. Councilman Chris Monzel cast the lone "no" vote. He said that was because of his separate proposal to rewrite the human rights ordinance to ban discrimination against any individual.



Democrats favor transgender discrimination ban


By Keith Ervin
Tuesday, March 21, 2006

Seattle Times
http://seattletimes.nwsource.com/html/politics/2002878791_gender21m.html


The Democratic majority on the Metropolitan King County Council appears ready to adopt an ordinance that would prohibit discrimination against transgender people. Supporters say they want to send a message that Washington's most populous county opposes an initiative and a referendum proposed by Tim Eyman to overturn a new state law protecting sexual minorities. County law already bans discrimination on the basis of sexual orientation. So if state voters repeal the gay-rights law recently approved by the state Legislature, the proposed county ordinance would protect the rights of gays, lesbians and transgender people in employment, housing and public accommodations.

Several transgender people and other supporters of the ordinance spoke at a council hearing Monday. A second hearing will be held next Monday, with a vote likely the same day. "I know first-hand the prejudices and discrimination, and I've seen it happen time and time again with people I know," John Otto, a female-to-male transsexual, told the council. All five Democrats on the County Council are co-sponsoring the ordinance, which was first proposed in 2004 by County Executive Ron Sims. All four Republicans voted last week against sending it to the full council with a recommendation of passage.

Reagan Dunn, R-Bellevue, said Monday he opposes the measure because it would expand the role of government and put a strain on small businesses, opening the door for more lawsuits. "I don't think we should be heavily involved in the minutiae of the way businesses are operating," he said.

Dow Constantine, D-Seattle, said it's time to act. "It is important for us here in King County to make a statement of support for the sexual-minority community and for those legislators who were brave enough, after these three long decades [of failed state gay-rights bills], to stand up and vote to protect civil rights," he said.

Christine Landon, chairwoman of the King County Civil Rights Commission, said Monday the civil-rights proposal "will provide one more demonstration that the people of Washington state have nothing to fear from equality and basic decency." The Rev. Craig Darling, a pastor of Seattle First Baptist Church, said he was ashamed some churches opposed laws banning discrimination. Jesus "didn't have even one word to say about omosexuality," Darling said, but "affirmed gender minorities" with his statement in Matthew 19:12 that "there are eunuchs who are born that way from their mother's womb."


GMC inquiry into gender change expert

David Batty
Tuesday January 20, 2004
The Guardian http://www.guardian.co.uk/uk_news/story/0,3604,1126835,00.html

The UK's best known expert in transsexualism is being investigated by the General Medical Council after claims he repeatedly put his patients' health at risk, the Guardian has learned. Consultant psychiatrist Russell Reid, a specialist in gender identity disorders (GID), allegedly breached standards of care by prescribing patients with sex-changing hormones and referring them for genital surgery without adequately assessing them.

Twelve cases in which Dr Reid, a member of the Royal College of Psychiatrist's committee on gender identity disorder, allegedly broke the guidelines "to the detriment of the patients concerned" have been submitted to the GMC. It is alleged some people later regretted changing sex. The complaint was filed by three of the UK's most senior psychiatrists in GID, who work at the Charing Cross hospital's gender identity clinic in west London: Donald Montgomery, James Barratt, and Richard Green, another member of the college's committee.

Together with Stuart Lorimer, a senior registrar at the clinic, they allege Dr Reid has repeatedly breached guidelines set by the Harry Benjamin International Gender Dysphoria Association, based in Minneapolis.

The guidelines lay down "flexible directions" for the treatment of people with GID, which are not legally binding and may be modified to suit individual patients. The standards are "generally supported" by the college, though it does not formally recognise them. The psychiatrists claim Dr Reid has not adhered to the guidelines' minimum eligibility requirements for the prescription of hormones and referrals for genital surgery. The guidance states patients should have been living in their desired gender role for at least three months before prescribed hormones, or had at least three months of psychotherapy. Patients should also undergo a minimum of 12 months hormone therapy and live in their desired gender role for the same period before referral for gender change surgery.

Dr Barratt said: "I felt that Dr Reid seemed more often than not to prescribe hormones to patients in a manner contrary to published guidelines. "He seemed too rapidly to refer patients for gender reassignment surgery, sometimes seemingly without the appropriate second opinions which would be required by the guidelines. "Some of the patients would seem to have been inappropriately referred, and some to have later been unhappy with what had happened."

But some of Dr Reid's patients have defended him. Daphne Neal, an NHS nurse treated by him, said he had prescribed her with hormones earlier than the guidelines advise, but stressed she believed this was the best course of action. She said: "It is fair to say Dr Reid prescribed me hormones earlier than the Harry Benjamin guidelines recommend, I was in fact prescribed hormones on my first visit.

"I felt that this was appropriate in my case. If I had not been prescribed hormones at that time I may have been forced to look for other sources, something I don't really agree with, as the consequences can be dire."

The guidelines state that it can be acceptable to provide drugs to patients earlier "as an alternative to black market or unsupervised hormone use".

A GMC spokeswoman confirmed Dr Reid is under investigation.

He is due to appear today before the GMC's interim orders committee, which could suspend him or restrict the work he can perform. These hearings are held when the council wishes to consider whether patients, the public or the doctor under investigation would be put at risk if they continue practising prior to a full investigation. Regardless of the hearing's outcome, Dr Reid will then appear before the preliminary practice committee on January 26-27. This will decide whether there should be a full inquiry by the professional conduct committee, which has the power to strike a doctor off the medical register.

There is disagreement among psychiatrists and the transsexual community over the period patients should spend living as their desired sex prior to treatment. But Brian Ferguson, another member of the royal college committee, said in his view hormones should only be administered to a patient after "at least two or three" appointments. Dr Ferguson, a consultant psychiatrist at the Nottingham Gender Clinic, said many psychiatrists would consider it "reasonable" for patients to live in their desired gender role for two years before surgery. He said he had seen a number of people who changed their minds quite late in this period.

News of the investigation has been greeted with dismay by many in the 5,000-strong transsexual community. Several support groups have launched a website backing Dr Reid.

Some fear the GMC inquiry could bolster opposition to the gender recognition bill, which is currently before parliament. The bill would allow transsexuals to gain the rights of their acquired gender. But it has been opposed in the Lords. A spokeswoman for the Medical Defence Union, which is representing Dr Reid, said he did not wish to comment on the investigation at this stage.

Comment: Dr Reid is through the first hearing without any substance having been found to the allegations. He still has a further hearing and any letters of support from any of you would be welcome. I enclose a letter sent from this website to his defence team.

John Kingston,
Medical Defence Union,
230 Blackfriars Road,
London SE1 8PJ

31 January 2004

Dear Mr Kingston,

Re: Dr Russell Reid

I write with regard to recent allegations made against Dr Reid and on behalf of many thousands of readers of www.crissywild.com the best known transgender resources reference library in the World.

Dr Reid has assisted a plethora of trans people over the years in dealing with gender dysphoria. It is no secret that the GID psychiatric team at Charing Cross Hospital has a difference of opinion in their methodology and approach to that of Dr Reid and it is clear that the complaint is founded upon this difference rather than on any factual evidence of any professional impropriety conducted by Dr Reid. Neither is it true to state that the methodology adopted by the Charing Cross Hospital GID unit is necessarily correct.

Many people write to us to ask for advice and to explain the mental anguish they are suffering as a result of Gender Dysphoria and untreated this condition can lead to severe depression and in a few cases even suicide. Dr Reid has offered professional treatment lifelines to those who simply cannot wait years on the NHS or who for other confidential and personal reasons wish to undertake a private route in gender reassignment.

The Harry Benjamin standards are simply guidelines and I am not aware of any case where hormones or referral to SRS has been inappropriately recommended by Dr Reid. I also speak from personal experience of having been a patient of both Dr Reid and the Charing Cross GID unit. I would also comment that Dr Reid’s approach and diagnosis is considerably more sensitive towards his patients than that adopted by the Charing Cross GID unit.

Crissywild.com therefore unequivocally supports Dr Reid and takes this opportunity of thanking him for his work and very high degree of professionalism in the field of transsexualism.
Sincerely,


Crissy Wild


NU investigating whether professor got consent from transsexuals

November 18, 2003 — Northwestern University officials will form a committee to investigate accusations that a professor who wrote a book on transsexuals didn't get permission to include his research subjects in the work.

J. Michael Bailey's latest book is called "The Man Who Would Be Queen: The Science of Gender-Bending and Transsexualism." It includes stories from several transsexuals. A Northwestern spokesman says an investigative committee will be formed to look into the allegations, which could violate university ethics guidelines if true.

Bailey didn't return telephone messages left at his office today seeking comment. Critics say his work is based on outdated research and presents a skewed perspective of the transsexual community that is popular with religious and political conservatives.

(Copyright 2003 by The Associated Press. All Rights Reserved.)


Kiss me Kate..or is it Keith

By LYNDSEY WEATHERALL at The Sun
http://www.thesun.co.uk/article/0,,2-2003520274,00.html

A TRANSSEXUAL has been banned from singing Kiss Me Kate in a women’s chorus — because her voice is too deep. Hannah Lane, 37, had the op which made her a woman three years ago. But now the local dramatic and operatic society have refused to let her perform with the other women. Hannah, of St Anne’s, Lancs, said: “I am devastated. They are treating me as a man when I am a woman.

“I use the ladies’ changing rooms and the ladies’ toilets. I admit I have got a bass baritone voice but there are men and women in the chorus. “It would be hard for members of the audience to distinguish which voice was from where.”

Society secretary Peter Taylor said: “We’ve been as accommodating as possible. We are the only society she has been accepted by.

“She can’t sing with the sopranos because her voice is too deep. She has gone over the top. She is using us to highlight her own agenda and it’s just not fair.”


Transsexual's partner 'snapped' at abuse

EMILY DENNIS
http://www.edp24.co.uk/content/News/story.asp?datetime=18+Oct+2003+07%3A00&tbrand=EDPOnline&tCategory=NEWS&category=News&brand=EDPOnline&itemid=NOED17+Oct+2003+20%3A00%3A16%3A740

October 18, 2003 07:00

They were just like any other happy couple looking forward to mingling with friends at a party in a quiet Norfolk village. But although James Norman and Samantha Malone hoped to blend in with fellow revellers, the pair stood out of the crowd in more ways than one. With a figure most models would be envious of, Miss Malone, a striking 6ft 4ins post-operative transexual, towered over other guests at a barbecue. But despite being used to attracting attention, Miss Malone was not prepared for the stream of insults about her sexuality from fellow partygoer, David Glenville. And the barrage proved too much for her partner, who "snapped" and hit Mr Glenville across the face with a glass bottle - leaving him in hospital with a fractured cheekbone and a bruised eye.

Last night Norman, 33, spoke of his relief after he was spared prison at Norwich Crown Court after admitting assault causing actual bodily harm. The court was told Norman "snapped in a split second misjudgement" after Mr Glenville repeatedly said of Miss Malone "it looks like a bloke, it dresses like a bloke, and therefore it is a bloke,"

Prosecuting, Stephen Ridley , said that when Mr Glenville continued to make the remarks Norman, of Holls Lane, Norwich, hit him across the face with a bottle he was holding. The court heard Norman had gone to the barbecue at a friend's house in Martham with Miss Malone, on June 21.

They were joined by a number of other guests including Mr Glenville and his wife Polly, of Blenheim Avenue , Martham. But Mr Ridley said that while at the barbecue - which lasted more than seven hours - Mr Glenville continually taunted the pair about Miss Malone's sexuality, upsetting her so much that she decided to go home, leaving Norman behind.

"But further comments continued to be made," said Mr Ridley. "Norman had a bottle in his hand. He rose out of his seat and used the bottle to strike Mr Glanville in the face."

Norman was then restrained by other guests and thrown out of the party. The court heard Norman, an electrical retail store manager, was a man of previous good character. Michael Clare , defending, said: "The victim simply would not shut up about aspects of his (Norman's) partner's sexuality. "The victim was going on and on about it. He seemed obsessed about it… The victim seemed to think there was something amusing about the circumstances in a grotesquely insulting way. "It eventually wore Norman down and he snapped in a split second misjudgement and swung at him with a bottle." He said Norman was not a violent man and was thoroughly ashamed about what had happened.

Giving him 120 hours community punishment and ordering him to pay £500 costs, recorder Christopher Chandler , said: "A weapon in the form of a bottle was used and the injuries were severe. An offence such as this would usually carry a considerable prison sentence, but that is not going to happen. "I am pleased there has been no attempt to use provocation as an excuse for your behaviour. It is important that when this type of behaviour occurs one walks away from it and that is what you should have done."

Norman and Miss Malone left court holding hands and said they were relieved the ordeal was over.
Miss Malone, who was wearing a short denim mini-skirt, said she underwent surgery "several years ago" and this was the first time something like this had happened. "It was really hurtful," she said. "He just started on me and would not give up. He was just being obnoxious. I thought James and I were going to split up over this at one point, but we have been together for about 14 months and are closer than ever now."

Norman added: "I was worried I might go to prison. I am just pleased it is all over."


An Officer who's no longer a gentleman

Western Daily Press 11:00 - 18 September 2003
http://www.thisisbristol.com/displayNode.jsp?nodeId=127638&command=displayContent&sourceNode=127637&contentPK=7089839

The first army officer to have a sex change was mocked by a whole platoon of soldiers who turned up at a parade dressed as women, an employment tribunal heard yesterday. Her commanding officer dismissed the alleged organised humiliation as simply "horseplay" and playful rivalry between platoons. But Joanne Wingate from Frome, Somerset, claims this was one of the incidents of sexual discrimination against her by the Ministry of Defence because of her transsexuality. Miss Wingate, a former Warrant Officer class two, was leading the parade in Germany just months before the operation in 1998.

Yesterday her former boss Lieutenent-Colonel Richard Thorpe told the tribunal in Bristol: "I thought it was horseplay. Friendly banter." He explained there was always friendly rivalry between Miss Wingate's regiment and the "slightly less able" Recovery Platoon, which recovered military vehicles. He said that the applicant had said to him: "Don't worry sir, it's sorted," and so he took no further action. Lt-Col Thorpe maintained that he had no idea Miss Wingate - then Sergeant Major Joe Rushton - was a transsexual and thought the soldier was receiving psychiatric help for anger management. The hearing was told Joanne joined 6 Battalion with the Royal Electrical and Mechanical Engineers in 1981.

The 42-year-old had served in Northern Ireland and Bosnia and been married four times before he announced his intention to change from Joe to Joanne. News of the incident spread quickly and there were red faces in the army when the sex change operation hit national newspaper front pages. After the operation, Miss Wingate believed she was sidelined into a job without career prospects and was insulted by army bosses who continued to refer to her as man. She claims that she was passed over for promotion, while the army made her job "as difficult as it could" for her. In her witness statement, Miss Wingate said: "Prior to any of this happening my career profile was slowly but surely increasing.

"I thought if I continued under similar circumstances I would have had fair chance of promotion. The army found it very difficult to deal with the issue of transsexuality."

The blond former soldier, who wore black trousers and a pinstriped white shirt at the tribunal, said she was "made to feel different and outcast" by army bosses. She has also been troubled by depression which she blames on her treatment in the army. Miss Wingate finally left in March this year with Long Service and Good Conduct medals. But her former commanding officer yesterday said that her disciplinary record was not as exemplary as she maintained. Lt-Col Thorpe said he issued her with two warnings in the course of 18 months. He was particularly concerned over an incident that took place in Bosnia, when the applicant used offensive language against two female junior chefs caught holding an illicit party. He said: "I couldn't believe I had a warrant officer of 15 years' experience behaving in this manner to a civilian, and I had to discipline him for this."

Miss Wingate who is claiming sexual discrimination, also claims she was sexually harassed and suffered derogatory remarks and unfair treatment. She also said the MoD failed to offer her suitable psychiatric support while she was dealing with her transsexuality and the operation. Her barrister, Rajeev Thacker during cross-examination accused the army of squeezing her out because "it is easier to move her out of a prejudicial and discriminatory environment than it is to deal with that environment." But another witness, Colonel Peter McCarthy, Manning and Career Management Division Commanding Officer, said that the army had taken big strides to overcome traditional prejudices. However he conceded that with 100,000 members there will still be those who "misunderstand" certain situations.

The Equal Opportunities Commission, which is supporting Miss Wingate's case, says transsexuals have legal protection against discrimination at work. A statement said her case "raises important issues about the way in which transsexual people are treated within their employment. The case continues An error in yesterday's paper said the MoD had said discrimination was acceptable in the armed forces. It should have read discrimination was not acceptable. We are happy to put the record straight


The transsexual in the next cubicle

When investment analyst Mark Stumpp became Maggie Stumpp, her employers, clients and co-workers all shared in the experience
By ADAM GELLER Associated Press 05/25/2003

NEWARK, N.J. -- By June, people in the Quantitative Management department were trading whispers across the rows of cubicles. What's wrong with Mark Stumpp? Why had he dropped so much weight so quickly? Was he sick? Nobody knew. One day after lunch, Stumpp handed a small, framed snapshot to Jim Scott, his friend and co-manager in the department for 14 years. "Do you know who that is?" Stumpp asked. Scott glanced at the picture of a tall woman with blond bangs and shook his head. He never seen her. "That's the person you're going to be working with a year from now," Stumpp said. Puzzled, Scott looked at the photo again, then back at Stumpp. The lady in the photograph, Stumpp aid, is going to be me. Prudential's QM department manages billions of dollars of other people's money. It's a business that relies on a nurtured image of solidity, on the value implicit in longtime relationships. And so, as word of Stumpp's intensely private decision spread through Prudential's Newark headquarters, people realized this wasn't going to be about just him. It was going to be about them, too.

Gender identity
Stumpp was uncomfortable in Mark's body as far back as memories reach. Deep inside, at the nexus of body and mind, something felt terribly wrong. "A malaise of the soul," Stumpp said. It is called gender dysphoria, a condition characterized by intense feelings of being the wrong gender. No one knows for sure what causes it. Since the 1960s, thousands of people have quietly undergone hormone treatment and surgery to change gender. Most dropped out of their previous lives, resurfacing somewhere else with new identities. Today, "more and more people are recognizing that this is not something that they have to be ashamed of," said Eli Coleman, director of the Program in Human Sexuality at the University of Minnesota.

So perhaps it was just a matter of time before it happened at Prudential, a company with 61,000 people on its payroll. But in 22 years at Prudential, the last half working on personnel issues, Ron Andrews, a vice president of human resources, "had never encountered a more difficult issue." "What was difficult about this," he said, "is I didn't know anything." Stumpp, 51, had a reputation as one of the office's "class clowns." He dropped jokes into the middle of meetings, walked around the office without shoes, wore jeans when everyone else wore a suit. But he was an acknowledged expert in the serious business of making money grow, and his department, a group of about 35 people, manages $32 billion on behalf of client pension funds and other investors. "My business is about trust," Stumpp said, and he knew trust would not be enhanced when people saw him "turn into a girl."

A long journey
So for years, Stumpp postponed gender reassignment surgery. But in 1999, after seeing a therapist, he started taking estrogen and undergoing electrolysis - all part of a still-reversible journey into what it might be like to be a woman. It was two years before his co-workers began to notice he was changing - and to worry. The hormones were reshaping his body. Enlarged breasts could be hidden in loose-fitting shirts, but there was no way to disguise the disappearance of muscle. In the summer of 2001, the few executives at Prudential who knew what was going on realized that the problem wasn't that Stumpp was changing his gender. It was that he was coming back to work afterward. It was one thing to figure out how the QM department would go on without Mark. It was quite another to figure out how to continue with someone named Maggie in his place.

A delicate situation
Someone was going to have to explain this delicate situation in Prudential's executive offices, to the company's clients, to the marketing and sales representatives who vouched for Stumpp's research. Bringing it all together was Andrews' job.
Throughout the summer and into the fall, Andrews worked his way down a list of people who needed to know, figuring out not just who they would tell in turn, but how they would do it. He, company lawyers and sales managers drew up a list of 30 clients who relied on Stumpp's research and investment strategies. They decided that a Prudential customer relationship manager would contact each one to explain who would soon be handling their money. And then Andrews and his group wrote a script - not word for word, but an extended outline with "key communication points." "We wanted our clients and our customers not to hear this from some sort of grapevine," Andrews said. "We wanted to make sure they heard it from us." In the QM department, though, Stumpp's story was still known only to Scott and another employee, Stacie Mintz. So, after Stumpp left on an unexplained medical leave in January, 2002, Scott called the homes of everyone in the department. "I need to talk to you about Mark," began each conversation.Next morning, in the parking garage, Mintz ran into the a co-worker she thought most likely to have a problem with the new Stumpp. "Isn't that amazing about Mark?" Mintz said, and then held her breath for the answer. "Well, if it makes her happy, it makes her happy," the worker replied. A few days later, on Jan. 8, a memo arrived in the e-mail box of everyone in the department.

"From: M. Stumpp" "Subject: Me." The note poked fun at the situation, but also appealed for understanding. And it emphasized that returning to work was something Stumpp had a legal right to do. "This will be new ground for all of us," Stumpp wrote. "However, if September 11 taught us anything, it was that life is far too precious and short. Each of us must strive to be at peace with urselves." She signed the note "Margaret."

Bumpy re-entry
The note leapfrogged around the company, and soon employees started e-mailing back. Many, including some top executives, expressed support. A few of the women offered to help Stumpp pick out clothes.
Some took more convincing. In the weeks before Stumpp's scheduled return date - Monday, Feb. 4 - Mintz said it felt like there was a line of co-workers at her door, mostly concerned about how to act when Mark walked in as Margaret. Stumpp, recuperating at home, offered to return at first in men's clothes if it would make people more comfortable. No, his fellow workers replied, if you're Maggie, then come back as Maggie. We're as ready as we'll ever be. Maggie Stumpp made it to the fourth floor before nearly everyone else that first morning back. Her co-workers walked in and there she was, joking about the joy of being thin, of having to wear pantyhose, of how hard it had been to find shoes in her size. "It was awkward, but ... it was kind of a relief to have it all out in the open, and to have all the questions about what she was going to look like answered," Mintz said. It was a beginning. One of the first trials came a few weeks after Stumpp's return, when they took a call from a longtime client, a labor union whose members' reputations did not gibe with her heels and pantyhose. The union officials asked to meet Stumpp to reevaluate her suitability to continue managing their business. The department braced to lose the account. They met over dinner at a steakhouse. The first few hours were spent discussing the stock market and the economy, smoothed over by a couple of drinks. Gradually, the men's doubts appeared to ease. "You know, you really don't look so bad," one leaned over to tell Stumpp. She chalked it up as a compliment. Prudential kept the account. Inside Prudential, however, there were still some tensions. To ease the uncertainties of some female colleagues, Andrews set aside a small bathroom for her for six months. After that she could use the women's room. Six months and a day after Stumpp returned, a female employee protested Stumpp's presence in the adjoining stall of the women's room. "Grow up!" Andrews told her. While the company did not expect all its employees to accept Stumpp personally, they would be expected to do so professionally. There are still moments when Stumpp feels the stares, imagines that every woman at Prudential is rating her performance. There are inevitable stumbles and awkward moments. "The hardest thing is the pronouns," Scott said. "It just drives me crazy. Earlier this year, Mintz was digging around for an article that Jim Scott, Mark Stumpp and a colleague wrote in 1999 for an industry magazine. When she found it, she did a double-take. At Scott's discrete request, the article had been newly credited to Margaret Stumpp. Stumpp isn't pretending such changes will erase the past. She's not denying a life as Mark, but she is eager to move on as Maggie.

There are times now when the phone in her office rings and the voice asks to speak to Mark. And depending on the nature of the call and her mood, she relishes a certain answer.

"Oh, him," Maggie Stumpp said. "We got rid of him a long time ago." At the age of 51, Mark Stumpp ended years of gender dysphoria by having gender reassignment surgery and emerging as a woman.


Scottish Christians Gather to Challenge Homophobia

“Christians for an Inclusive Scotland” was launched by a gathering of Christians from a broad range of Scottish Churches and other organisations held on Saturday (22nd March) at Augustine United Church in Central Edinburgh.

The next Scottish Parliament is likely to face calls for recognising same sex partnerships, allowing same-sex couples to be considered as adoptive parents on the same terms as mixed-sex couples and reflecting in law the genders of transsexual people.

The painful debate surrounding repeal of Section 2A of the Local Government (Scotland) Act (also know as "Clause 28") shows that the loudest Christian voices are often those opposed to justice for Lesbian, Gay, Bisexual and Transgendered people and the organisers of this event were keen to show that many Christians believed it was their duty to campaign for the Gospel values of justice and equality to extend to all God’s children, irrespective of sexuality or gender identity.

The event attracted a wide cross section of Scottish Church life with members of the Church of Scotland, the Roman Catholic Church, the Scottish Episcopal Church, the Metropolitan Community Church, the Unitarians and the United Reformed Church turning up to show their support as well as people from organisations such as the Iona Community, Quest (the LGBT Catholic Organisation), the Lesbian & Gay Christian Movement, the Evangelical Fellowship of LGBT Christians, Courage, the Equality Network, Gay Men's Health, Reach Out Highland, LGBT Youth Scotland and Parents Enquiry Scotland.

Rev Ian Bonner-Evans, Pastor of Holy Trinity Metropolitan Community Church, an Edinburgh Church which has been campaigning on these issues for several years, was pleased that the event was so successful:

“The time has come for us to let the people of Scotland know that Christ’s Gospel of love and liberation is bigger than human bigotry. This is about more than justice for LGBT folk – this is about standing up for the Gospel in the face of those would use it to exclude and stigmatise.”

Further events are planned after the Scottish Elections.

===== Holy Trinity MCC Edinburgh seeks to live Christ's Gospel of love and liberation for all. We are a congregation within the Universal Fellowship of Metropolitan Community Churches. E Mail us at mail@mccedinburgh.com Holy Trinity MCC Web Page http://www.mccedinburgh.com To sign up for our electronic newsletter please send an e mail to newsletter@mccedinburgh.com

Conferences

LIBERTY CONFERENCE 2003 SATURDAY 10TH MAY 10AM-4PM BPP Law School, 68-70 Red Lion St, London, WC1R (nearest tube Holborn)

http://www.liberty-human-rights.org.uk/events/conferences/index.shtml

Can Human Rights save Society?

This Liberty conference will examine the experience of other countries in seeking to achieve a common understanding of fundamental rights. It will consider how such unifying principles can benefit society. And it will ask why Britain seems to shy away from the idea of a rights culture.

If we should have a culture of human rights, how can that be achieved? Our range of expert speakers will explore the practical challenges as well the opportunities to campaign through education, the media and our national institutions.

This Liberty conference will address key questions: What do we mean by 'human rights culture'?

Does a society need to survive a substantial and consistent abuse of human rights before the demand for a rights culture is developed?

Does a rights culture need a Human Rights Commission?

The speakers include:

Yasmin Anwar, former Commissioning Editor for Multicultural Programmes on Channel 4 Television. Shami Chakrabarti, In House Counsel at Liberty. Professor Brice Dickson, Chief Commissioner of the Northern Ireland Human Rights Commission Sharmila Gandhi, Chief Executive, Bradford Vision Francesca Klug OBE, Professorial Research Fellow at the LSE Human Rights Centre. Carrie Supple, project manager at the Citizenship Foundation. John Wadham, solicitor and Director of Liberty. Jenny Watson, Human Rights Consultant and author of Something for Everyone and The Human Rights Act Toolkit Candy Whittome, Co-director of the British Institute of Human Rights.

Fees Standard rate £35.00 Concessions* £20.00

Police to appeal in sex change case Mar 24 2003

By Andrew Baldwin, The Huddersfield Daily Examiner

WEST Yorkshire police have won the right to appeal to the House of Lords against a court ruling that it acted unlawfully in refusing to recruit a male-to-female transsexual. Last November, the Appeal Court ruled that for employment purposes the transsexual was a woman and the West Yorkshire Chief Constable could not resist her application to join. The woman, referred to only as Miss A, underwent sex change surgery in 1996 and now has no outward male characteristics. She successfully completed a police assessment course, but her application to join the West Yorkshire force was rejected in 1998. She was told that the force operated a ban on transsexuals because there were difficulties when they were asked to carry out intimate body searches and so could never be fully operational.

In 1999, an employment tribunal upheld Miss A's complaint of sexual discrimination, ruling that if she was accepted as a woman "nobody would be any the wiser". Later the same year the Employment Appeal Tribunal found that, although it was discrimination, it was not unlawful because the woman was legally a male and could not be asked to carry out searches on women. West Yorkshire Police said there would be no obstacle to her recruitment, but for the fact that under British law gender was assigned at birth and could not be altered.

But the Appeal Court held that Miss A's willingness to disclose her transsexuality to colleagues or members of the public with whom she had to deal destroyed the chief constable's defence that she would be unable to comply with rules governing body searches. A committee of Law Lords has now decided that the police should be allowed to appeal to the House of Lords. No date has been set for the appeal hearing.

UK Transsexuals to get legal recognition of new genders

Ministers have unveiled plans to allow transsexuals to get legal recognition of their new genders.

The Lord Chancellor's Department is to make the historic announcement following July's landmark ruling by the European Court of Human Rights. Britain is one of four European countries - alongside Albania, Andorra and Ireland - which refuse transsexuals permission to alter the gender recorded on birth certificates.

This prevents them marrying in their adopted sex and affects the age at which they qualify for the state pension.

Campaigners have been fighting for a change in the law for 33 years. Male-to-female transsexual Elizabeth Bellinger was due to go to the House of Lords next month to overturn previous rulings which prevented her 20-year "marriage" being recognised. Minister in the Lord Chancellor's Department Rosie Winterton is announcing the Government's plans following recommendations from a cross-departmental working group.

Christine Burns of transsexual campaign group Press for Change said: "We are keen to examine the details of the proposals. It is vital that they offer consistent and complete legal recognition for all purposes."It's no good someone being a man for one part of the law and a woman for another aspect, because that would lead to the same problems that people have suffered all long."

European judges held that the UK's failure to recognise their new identities in law breached their rights to respect for private life and their right to marry under the European human rights law... Ananova

Star AwardAbout Caroline Cossey

UK Transsexuals Await Landmark Court Ruling Wed April 9, 2003 08:51 AM ET

LONDON (Reuters) - Britain's 5,000 transsexuals are awaiting a landmark ruling on Thursday that could help in their battle for legal recognition of their marriages. The House of Lords said five law lords would rule in the case of Elizabeth Bellinger, 55, a male-to-female transsexual who is seeking recognition for her marriage of over 20 years.

Caroline CosseyThe High Court and the Appeal Court have both rejected the plea of Bellinger and her husband Michael from the quiet east midlands city of Lincoln. Britain -- birthplace of one of the world's most famous transsexuals, "Bond girl" Caroline Cossey from the 007 thriller "For Your Eyes Only" -- is one of just four countries in Europe that refuses to recognize sex changes. The others are Ireland, Albania and Andorra.Bellinger, who has undergone total sex-change surgery but was once married to a woman, married husband Michael in 1981. During her previous marriage as a man she fathered children who are now married themselves.

However, the courts have been told that she has lived as a woman since 1971 and met Michael in 1980 prior to the final surgery to remove her male genitals.

The history of transsexual rights in Britain dates back to 1970 when the High Court annulled the marriage of transsexual April Ashley to English aristocrat Arthur Corbett.

Since then, transsexuals have suffered indignities such as being sent to male prisons despite having the bodies of women.

Confusion has reigned over the Bellinger case since last December when the government admitted it had breached the human rights of transsexuals by refusing them the right to marry.

But it is still fighting the Bellinger case on the grounds that legislation to give them that right has not yet been passed.

http://asia.reuters.com/newsArticle.jhtml?type=oddlyEnoughNews&storyID=2534882

Transsexual loses legal battle 10th April 2003

A male-to-female transsexual has lost her battle to have her marriage to a man 22 years ago declared legal by the Lords.

Elizabeth Bellinger, 56, underwent a sex change operation in 1981 and married Michael Bellinger the same year. The registrar who married the couple did not ask for any evidence of Mrs Bellinger's gender and they have lived happily since then as a loving husband and wife.

But the British legal system does not accept the validity of the marriage and Mrs Bellinger's petitions to both the High Court and the Court of Appeal for legal recognition have been unsuccessful.

Today five Law Lords came to the same decision, saying Parliament regards gender at birth as fixed for life.

Mrs Bellinger, who lives in Meadow Lake Crescent, Lincoln, has said that if the ruling went against her, she would take the case to the European Court of Justice which has already criticised the UK for failing to review the legal position of transsexuals.

Death brings transgender issues to fore

Letter to the Editor May 16, 2003

The death of Jessica, a self-identified male-to-female transsexual, in New Haven USA highlights the ignorance in our society surrounding issues of gender identity and expression. Her death sends shock waves of fear throughout the transgender community, and confirms the message that transgender people are not safe. People who identify as transgender often have a gender identity, an inherent sense of being male or female, that is opposite of their birth-assigned sex. However, newspaper accounts consistently referred to Jessica as "he" though she clearly expressed and identified her gender as female.

Her tragic death highlights the need for education about transgender individuals.

Unfortunately, transgender people are treated as second-class citizens and are not afforded the same protections as other members in society. This is why laws need to be put in place to protect transgender people.

This year, state legislators had the opportunity to add gender identity and expression to our hate crimes statute. Passage would have recognized the rights of transgender people and would have placed stiffer penalties on those who commit crimes against people due to their gender identity or expression.

Cindy Dubuque

Hartford

Editor's note: Cindy Dubuque is a hate crimes specialist with the Connecticut Women's Education and Legal Fund.

 

Gender politics March 21 2003

The following article was published in the Sydney Morning Herald

Kevin and Jennifer consider themselves a normal, married Australian couple. They have two little boys, a mortgage, and a loving, extended family. Kevin is a keen do-it-yourselfer who likes lots of help from his boys: the elder of them copies Dad's every move with his own plastic shovels, rake, wheelbarrow, hammer, and drill.

This family likes to take trips to the beach. They like playgrounds, barbecues and riding bikes. The boys, aged three and one, love to hose the family car almost as much as they love to hose each other. They remain oblivious to the fact that the federal Attorney-General, Daryl Williams, has twice tried to have their parents' marriage ruled invalid.

Williams fears there is a major principle at stake, for Kevin was born Kimberly. Williams fears that if transsexuals are allowed to marry as the sex they legally become through hormone treatment and surgery, it places a big question mark over the idea of marriage - what it means, and who is allowed to do it.

But while Williams believes Kevin was born a woman and can thus never qualify as a husband, the Family Court has taken a profoundly different view: that Kevin has always been a man.

Kevin, 37, and Jennifer, 36, met in 1996, the year after Kevin had hormone treatment and irreversible sex reassignment, including breast reduction and a hysterectomy, allowing him to gain a new birth certificate in 1997 declaring he was male. "I thought all my Christmases had come at once," says Kevin of meeting Jennifer. "I was open and honest with Jennifer about my predicament from the beginning."

Jennifer says Kevin's transsexual condition didn't make him seem "any less of a man". On their wedding day in August 1999 before a civil celebrant, she had been seven months pregnant with their first child - both their children were conceived through artificial insemination - and admits it was a stressful day, considering the legal struggle they knew lay ahead.

The couple, who live in the western suburbs of Sydney and are uncomfortable with the media attention (their names have been changed to protect their identities), vow they will tell their boys the truth about their father when the time is right.

In the past, transsexualism was seen as a psychological condition, and transsexuals were considered to be making a choice to change sex, in so far as electing to have sex reassignment surgery. But the weight of recent medical opinion is that transsexualism is biological, and a natural, though uncommon, part of human sexual formation. Transsexualism is thrust upon an individual, not chosen.

In the journal Nature in 1995, endocrinologists and sexologists published a paper that established the new concept of "brain sex". Professors Gooren, Diamond, Walters and Walker argued some people are born with a brain that recognises themselves as a member of the sex opposite to that indicated by their chromosomes, genitals, and gonads. Given the brain sex theory is widely accepted in medical circles - and now by the Family Court in a legal precedent - those cries in the birthing suite of "it's a boy" or "it's a girl" might not always be cut and dried.

"Kevin was not born a woman," says Jennifer. "That is not the language of our case, world-renowned experts, or any of the judges. To talk about transsexualism from a before/after angle is winding the clock back. A 'man born a woman' belongs on Jerry Springer."

THE case of the Commonwealth of Australia v Kevin and Jennifer began in 1998. The couple were making inquiries about their plans to marry when they received an email from the Attorney-General's Department.

"I am sorry we are unable to help you," read the email, "but I am concerned that if you attempt to go ahead with the course of action you suggest you are leaving your partner open to criminal charges and the possibility of jail and I hope you will take this into consideration when making your decision ... Believe me, as a married mother of four, marriage is not all it is cracked up to be."

Jennifer says she found the email "flippant, yet threatening; we were shocked that an employee of the Government would casually reveal her own bias, in writing".

They also realised that they were going to need a lawyer.

Kevin and Jennifer had their first appointment with Rachael Wallbank on referral some weeks later. Her credentials as a practitioner in family law impressed them.

But Wallbank also had every reason to empathise with their case: at birth she had been declared male. Wallbank does not call herself "a transsexual". She says that description indicates a condition instead of a whole person. She refers to herself as a "person who has experienced transsexualism".

Wallbank accepted the case on a pro-bono basis, and was later funded by the Commonwealth when it became a test case. "I believed my clients were legally married," she says. "It was clear to me that the law of Australia had not yet been declared on the subject of transsexualism and marriage, that it was open to a court to do so. And if Kevin could be recognised as male under criminal and social security law, then why not under marriage law?" Wallbank naturally had an interest in the case "because of my own journey". Kevin's plight was in some ways similar to her own. "There was something very special about having experienced transsexualism myself, which enabled me to present the expert evidence about brain sex with certainty. I was also able to express the effect of difference and discrimination upon loved ones, having seen my own family suffer."

When Wallbank changed what she calls her "public sex" at 38, she had a lot to consider. "I had my own legal practice, was considered a white male, had three beautiful children, a nice house and a relationship with my family that was important to me.

"Why would I put everything I valued in the world at risk? Well, the reason was I could not keep going, trying to manufacture a male persona, when I've known since I was five that I was female. It had become a life-or-death decision."

In 1999, Wallbank applied to the Family Court seeking a judgement validating Kevin and Jennifer's marriage. In preparing the case, Wallbank looked at similar cases overseas, but found that even the most favourable judgements (notably those delivered in New Zealand) had taken the line that transsexualism was a "psychological malady". She wanted to argue otherwise.

"I was certain someone's sex or knowledge of themselves was determined between the ears, as per brain sex, and not between the legs," she says. "The fact is there is no other explanation for why people like Kevin and I exist. There's no other explanation as to why someone like me would undergo sex-affirmation procedures."

Wallbank's argument that transsexualism was an example of natural human diversity, and nothing to do with mental illness, was accepted by the court. In 2001, Kevin and Jennifer were legally confirmed as husband and wife. The court ruled that because Kevin had an irreversible sex re-assignment, he could marry as a man.

But that was not the end of it. Because of the potentially far-reaching consequences of the judgement, lawyers for the Attorney-General appealed the decision to the Full Court of the Family Court, and lost. Government lawyers in both instances argued that a person's sex for the legal purpose of marriage is determined at birth, and no amount of reassignment surgery can alter that.

They also argued that a person's brain sex cannot alter someone's legal status as a man or a woman for the purpose of marriage.

It was, in part, a technical argument that relied on an English court decision of 33 years ago, a decision the court ruled was not binding in Australia. Nor did the court accept the argument that the Marriage Act of 1961 was intended as a code to strictly define the terms "marriage", "man", and "woman".

A spokeswoman for Williams says the case raises serious issues about the meaning of marriage, and the role of Parliament in determining that meaning. The Government may appeal the decision to the High Court. Its chances of success are open to conjecture, although the High Court is seen as being more conservative than the Family Court.

Whatever happens, there will be a need now, says Wallbank, for the states and territories to clarify their laws on births, deaths and marriages, and on discrimination, so that in the case of transsexualism, a person's legal sex, as delineated in their original birth certificate, can be changed to "correct mistakes".

This, she argues, is a fundamental human right.

If that happens, such changes will need to untangle transsexualism from transgenderism, which is described by Wallbank as "an act of gender expression". The road ahead is unlikely to be smooth or without confusion.

WHEN Kevin was a very young child and still called Kimberly, his mother would ensure he dressed as a girl on special occasions. She made him stand next to his father naked, to see how their anatomies differed. At school, children teased him for wearing boys' jackets and pants, saying he was a girl, so why would he dress like that?

He fought to defend himself, and his three younger sisters. Family photographs show Kimberly with pistols at age three - the age Kevin says he knew himself to be male - and with a soccer ball at age eight.

Family Court Justice Richard Chisholm noted, in his 2001 judgement, a photograph of the four children. The younger ones are wearing pastel-coloured dresses and sandals, but the eldest is wearing dark trousers and shoes, and what looks like a boy's shirt.

"To my eye," said Chisholm, "despite the shoulder-length hair, he looks as much like a boy as a girl." There was never any confusion for Kevin, though. "I am a man, nothing more or less, just a man," he says. "I am 'trans' nothing. Just a man who has the medical condition, an example of human variation, known as transsexualism.

"I rehabilitated my physical characteristics and corrected the mistake of public identity. There was no transition for me personally. I have always been, and always will be, male."

As for Jennifer, "Kevin is a husband, a father, the bloke next door. He's a brother, an uncle, a much-loved son-in-law. He is an admirable male role model. He is the kind of man I hope my sons will become."

This story was found at: http://www.smh.com.au/articles/2003/03/20/1047749877991.html