ph lliphyllis rdlhr andolph frye...new york times, front page, sunday, august 30, 2015 houston...
TRANSCRIPT
Ph lli R d l h FPhyllis Randolph Fryewww liberatinglawcomwww.liberatinglaw.com
LEGAL ISSUES FOR TRANSGENDER ADULTS AND CHILDRENADULTS AND CHILDREN
WHAT DOES AWHAT DOES A TRANSGENDERTRANSGENDER BABY LOOK LIKE?
(O h i th b i i d?)(Or, how is the brain wired?)
5 years old with my first dog, ~1953first dog, 1953
I already knewI already knew that something was differentwas different
Probably 3rd gradeProbably 3rd grade, ~1957,
probably 9 years oldprobably 9 years old
I h d l d bI had already been secretly crossdressing
for over a year.
1962, 14 years old.lEagle Boy Scout,
God & Country Award, Order of the Arrow –
Brotherhood Level, andSenior Patrol Leader
Successful? YES!But I would rather have been in Girl Scouts
1966 Senior at San Antonio Jefferson,ROTC Cadet Colonel Rifle TeamROTC Cadet Colonel, Rifle Team
(2 letters), Senor Play, and d t d ith Agraduated with A+ average.
Also while in high school on ffyearbook staff and in A Capella Choir
S f l? YES!Successful? YES!But I would rather have been in Pep Squad or a Cheer Leader
1966‐67 Texas A&M Corps
First years called “fish.”First years called fish.(they called me “fish fry”)
4 year Army ROTC4 year Army ROTC scholarship
and a one year College ofand a one year College of Engineering scholarship
January 1970ySenior Boots and all
Graduated MS in Civil EngineeringGraduated MS in Civil Engineering and 2nd LT, REGULAR commission.Ordered to remain in school forOrdered to remain in school for MS Mechanical Engineering.
August 1972 “pushed” out of ArmyAugust 1972 pushed out of Army for merely thinking trans but held
t f H bl Di hout for an Honorable Discharge
1974 with son by first marriage.
My facial hair was one last attempt at being a guyattempt at being a guy.
Sexual OrientationSexual Orientationnot the same asnot the same as
Gender IdentityGender Identitynot the same asnot the same as
Gender ExpressionGender Expression
Thus, we need protections , pfor all three:• Sexual Orientation AND• Gender Identity AND• Gender Expression!
Summer 1980 ‐ LGBT Pride Parade.OUT in law school and founder of
“Law Students, Friends of Gays*.”In August 1980, won the repeal of
Houston Crossdressing Ordinance d b 3L d i hiand began my 3L student internship
at District Attorney’s Office.B f M 1981 d ti IBefore my May 1981 graduation, I
had UH place Christian Legal Society on probation for discriminationon probation for discrimination.
May 1981, I received y ,notice of passing the Bar
on same day as myon same day as my graduation.
The following Monday IThe following Monday, I was sworn‐in by
Judge Joseph GuarinoJudge Joseph Guarino.
DONAHUE SHOW 1989“Disowned by Families”
“Ph lli“Phyllis you was great! You was
ll t!really great! With gratitude
For almost two decadesFor almost two decades I was known as the lawyer whothe lawyer who wore the hats.
A note here of THANKS f th i th t ffor the oasis that many of you provided at this time.
October 19951995,
addressing the 2ndNational
TransgenderLobby Days
in DC
SOMETIMES YOU GETSOMETIMES YOU GET A PICTURE THAT YOU LIKELIKE.
I LIKE THIS PICTUREI LIKE THIS PICTURE, SO HERE IT IS.
November 2010November 2010
The first OUTThe first OUT, transgender Judge
i th USAin the USA (possibly, in the
world).
PLEASE PARDON THIS ASIDE THAT HAS NOTHING TO DO WITH BEING TRANSGENDER.
BUT AS YOU MAY HAVE NOTICED FROM GOING THROUGH THE PREVIOUS PHOTOS I WASTHROUGH THE PREVIOUS PHOTOS, I WAS PUTTING ON THE WEIGHT AS THE NEXT TWO PHOTOS WILL CLEARLY SHOW.
2016. Notice the loss of 75 pounds from
Nov 2012 to Nov 2014.
By rigorous and frequent exercise eating less andexercise, eating less, and daily recording of weight.
(from 44” waist to 32” waist, and from
size 22 down to size 14)
NEW YORKNEW YORK TIMES,
front page, Sunday, y,
August 30, 20152015
Houston Chronicle, 03 Sep 2015, p B‐8
“Unsung Hero”Transgender JudgeTransgender Judge should be celebrated as someone who leadas someone who lead a social revolution
Life MemberOf theOf theNational
E l S tEagle Scout Association
(54 years later)
With fellow Eagle Scout,
Judge Charles SpainJudge Charles Spain
E lEmployment‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
TRANSGENDER DISCRIMINATION
Mia Macy v. Eric Holder (April 20, 2012):
“[D]iscrimination against a transgender individual because of her gender‐nonconformity is sex discrimination, whether it's described as being on the basis of sex or gender.”
Thus transgenders are now protected under Title VII of the 1964 CivilThus transgenders are now protected under Title VII of the 1964 Civil Rights Act, and the EEOC will accept and process such complaints of sex discrimination in employment when made by transgenders.p y y g
SEXUAL ORIENTATION DISCRIMINATIONSEXUAL ORIENTATION DISCRIMINATION
EEOC decision on July 15 2015:EEOC decision on July 15, 2015: “Sexual orientation discrimination is also sex discrimination because it is associational discrimination on the basis of sexbecause it is associational discrimination on the basis of sex. ... [A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on theorientation necessarily state a claim of discrimination on the basis of sex.”
Ed iEducation‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
BULLYING AND HARASSMENT
You have the right to a safe and equal learning environment. Under Texas law every school must have programming to prevent bullyingTexas law, every school must have programming to prevent bullying and harassment. Every school must respond adequately to incidents of bullying and harassment.of bullying and harassment.
You have the right to start a GSA, which can contribute to a safer learning environment.
SEX‐BASED DISCRIMINATION IN SCHOOL
April 4, 2011, US Department of Education issued a 19 page “Dear Colleague Letter” with discussion and policy statements that allColleague Letter” with discussion and policy statements that all schools (K‐12 and some secondary schools) receiving federal funding will not allow sexual harassment or sexual violence.will not allow sexual harassment or sexual violence.
April 29, 2014, US Department of Education’s Office for Civil Rights (OCR) announced that it entered into an agreement with California's Downey Unified School District to resolve a complaint about the harassment and discriminatory treatment of a transgender studentharassment and discriminatory treatment of a transgender student.
(continued) "Our federal civil rights laws protect all students from sex‐based discrimination and harassment," said Catherine E. h i f i il i h " d hLhamon, assistant secretary for civil rights. "I commend the Downey Unified School District for entering into this agreement to ensure that each of its students including transgender students andthat each of its students, including transgender students and students who do not conform to stereotyped notions of masculinity or femininity, can learn in a safe, educational environment.“
Prior to the end of OCR's investigation, the District requested a l i h h l U d h lresolutionthrough a voluntary agreement. Under the voluntary
agreement, the District will ensure that gender nonconforming and transgender students can participate fully in the District's programstransgender students can participate fully in the District s programs and activities in a safe, educational environment. (10 terms follow.)
1. Engage a consultant with expertise on child and adolescent gender identity, including experience with discrimination against gender
f i d d d d i hnonconforming and transgender students, to support and assist the District with implementing the provisions of the agreement;
k h l h l l f f2. Work with its consultant to ensure a school climate free of harassment by incorporating age‐appropriate information for students on gender identity gender‐based discrimination andstudents on gender identity, gender‐based discrimination and harassment;
3 Continue to treat the student the same as other female students in3. Continue to treat the student the same as other female students in all respects in the education programs and activities offered by the District, including access to sex‐designated facilities for female , g gstudents;
4. Notify the student and the complainant that they may request that the District develop a Student Success Plan to ensure the student has pequal access and opportunity to participate in all programs and activities, and is otherwise protected from gender‐based discrimination at school;
5 Ensure that the student is not disciplined for acting or appearing in5. Ensure that the student is not disciplined for acting or appearing in a manner that does not conform to stereotypical notions of masculinity or femininity;y y;
6. Remove all discipline imposed on the student during the 2011˗12 school year from the student's records;
7. Review District policies, procedures and regulations applicable to student participation in all programs and activities offered by thestudent participation in all programs and activities offered by the District and make necessary revisions to ensure that all students, including students who do not conform to sex stereotypes, are provided an equal opportunity to participate in all such programs and activities in a manner that does not discriminate based on sex, gender identity or gender expression;identity or gender expression;
8. Develop an implementation guide for administrators, faculty and p p g , ystaff that addresses how the District's gender‐based discrimination policies apply to transgender and gender nonconforming students;
9. Conduct mandatory training on issues related to gender nonconformance and gender based harassment for District andnonconformance and gender‐based harassment for District and school‐site administrators who have the responsibility of investigating or supervising the investigation of gender‐based harassment p g g gcomplaints and implementing other anti‐discrimination policies and procedures regarding transgender and gender nonconforming
d dstudents; and
10 Conduct annual school climate assessments including a student10. Conduct annual school climate assessments, including a student and parent survey, to evaluate the effectiveness of the District's bullying and harassment prevention efforts. y g p
NON‐DISCRIMINATION POLICIES
For a listing of nondiscrimination policies forFor a listing of nondiscrimination policies for school districts and colleges across Texas
with respect to sexual orientationwith respect to sexual orientation, gender identity and gender expression
Texas Transgender Non‐Discrimination Summitwww.txtns.org
G d M kGender Markers‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
LEGAL NAME AND GENDER CHANGETG Child ‐ under 18: with both parents’ agreement, I take them
through the courthouse for BOTH legal change of name and gender g g g gidentity from M to F (or F to M) on state ID card , social security card, passport and school records WITHOUT the need for any surgery.
TG Adult ‐ 18 and older: I take them through the courthouse for BOTH legal change of name and gender identity from M to F (or F to M) on driver’s license, social security card and passport WITHOUTthe need for any surgery.
** I DO THIS EACH AND EVERY MONTH! **
P bli A d iPublic Accommodations‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
City of Houston Ordinance Sec. 28‐20 (1968)i f h iEntering Restrooms of the Opposite Sex:
It shall be unlawful for any person to knowingly and intentionally enter any public restroom designated for the exclusive use of the sexdesignated for the exclusive use of the sex opposite to such person’s sex …….….. without the
i i f th t t lpermission of the owner, tenant, manager, lessee or other person in charge of the premises …….….. in a manner calculated to cause a disturbance.
RECENT RULING FROM EEOC IN RE RESTROOM USEAGEBY PRE OR NON‐OP TRANSGENDER
April 2015 EEOC ruled against the US Army in support of a civilian employeeApril 2015, EEOC ruled against the US Army in support of a civilian employee who was beginning her transition from male to female.
This case represents well the peril of conditioning access to facilities on any medical procedure. Nothing in Title VII makes any medical procedure a prerequisite for equal opportunity (for transgender individuals, or anyone else). p q q pp y ( g , y )An agency may not condition access to facilities — or to other terms, conditions, or privileges of employment — on the completion of certain medical steps that the agency itself has unilaterally determined will somehowmedical steps that the agency itself has unilaterally determined will somehow prove the bona fides of the individuals’ gender identity.
RECENT OSHA “BEST PRACTICES”
A Guide to Restroom Access for Transgender Workers
“All employees, including transgender employees, should have access to restrooms that correspond to their gender identity.”
A quick aside in re the City’s recent HERO defeat
For a future City HERO campaign: Use the exact same y p glanguage of the defeated HERO with the single ANDVERY SIGNIFICANT ADDITION of the following sub‐sectionVERY SIGNIFICANT ADDITION of the following sub section entitled: PROHIBITION ON ENTERING RESTROOMS OF THE OPPOSITE SEX which will read as follows:THE OPPOSITE SEX which will read as follows: “Section 28‐20 ‘Entering Restrooms of the Opposite Sex’ (1968) remains applicable” or similar languageSex (1968) remains applicable or similar language.
So when the anti‐HERO’s begin their ads again, take a still of the “dirty old man standing over the girl” and impose this text over thatdirty old man standing over the girl and impose this text over that still and label the anti‐HERO campaign for the lie that it is.
City of Houston Ordinance Sec. 28‐20 (1968)It shall be unlawful for any person to knowingly and
intentionally enter any public restroom designated for the exclusive use of the sex opposite to such person’s sex without the permission of the owner tenant manager lessee or other personpermission of the owner, tenant, manager, lessee or other person in charge of the premises in a manner calculated to cause a disturbance.
For those wishing to “Cause a Disturbance” Texas has the following:Texas has the following:
Penal Code Sections 20.01 and 20.02, Unlawful Restraint (previously known as (p y
false imprisonment), if of a Child can be a Felony
Penal Code Section 21.07 P bli L d Cl APublic Lewdness, Class A
Penal Code Section 21.08 I d E Cl BIndecent Exposure, Class B
Penal Code Section 21.15Invasive Video Recording, State Jail FelonyInvasive Video Recording, State Jail Felony
P l C d S ti 21 16Penal Code Section 21.16Voyeurism, which can be enhanced to
a State Jail Felony if of a Child < 14 years old.
INSURE THAT RADIO AND TV LAWYERSARE WARNED ABOUT THE PERIL OF THEIRARE WARNED ABOUT THE PERIL OF THEIRFCC LICENSES IF THEY RUN THOSE LIES AGAIN.
Oh, and by the way, for those who keep pushing for laws to require TG folks topushing for laws to require TG folks to use the restrooms and locker rooms of h i ll d “bi l i ltheir so‐called “biological sex ‐‐‐‐‐
D hDo they want this transmanthis transman in the women’sin the women s restroom?restroom?
D th tDo they want this transmanthis transman in the women’sin the women s restroom?restroom?
Do they wantDo they want this transmanthis transman in the women’s restroom?
Do the antDo they want this transmanthis transman in thein the women’s restroom?
H l h IHealth Insurance‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
INSURANCE COVERAGE
June 23, 2015 ‐‐ the U.S. Office of Personnel M ( h h d i i h l hManagement (the agency that administers health benefits for Federal employees and retirees) issued a carrier letter to their insurance plans instructing them that they can no longerinstructing them that they can no longer maintain blanket exclusions of transition‐related care.
January 2016 ‐‐ Brooklyn, NY‐ The United f l h dStates Department of Health and Human
Services (HHS) has ruled for the first time that a transgender person, who was denied genital reconstruction surgery by a Medicarereconstruction surgery by a Medicare Advantage (Part C) insurer, United H lth /AARP M di C l t (HMO)Healthcare/AARP Medicare Complete (HMO), is entitled to those benefits.
My law firm doesMy law firm does Diversity training for corporations
in re diversity in general and‐‐ in re diversity in general, and‐‐ specifically on transgender issuesp y g
Phyllis Randolph Fryey p [email protected] comliberatinglaw.com