Tag Archive | Politics

Some small progress in Texas

Sep19

Yesterday, Nikki Araguz had her appeal heard by a 3 judge panel in the 13th District Court of Appeals in Texas. Now you have to remember that the person who started all this legalistic crap was Thomas Araguz’s former wife. You need to remember that the lawyer she hired was so slimy that he’s been barred from further law practice in Texas. You have to remember that Judge Randy Clapp accepted a bad photocopy of Nikki’s voided California birth certificate from said lawyer, which the state of California has publicly stated is not valid and then used that as his basis for declaring that Nikki is not female. You have to remember that when presented with further evidence he denied a rehearing saying any evidence wasn’t going to change his bigoted mind. And then you have to remember that is how he made his ruling.

The hearing yesterday is very likely to rule in Nikki’s favor as is the full appeals court when the ex-wife appeals the panel’s decision. You also have to remember that the Texas Supreme Court is packed with anti-gay activist judges who are likely to rule against Nikki on completely unconstitutional, religious, and spurious grounds.

At that point, all this will end up headed for the Supreme Court and I can’t see the Supreme Court not taking this because we have two states disagreeing about identifying documentation which Texas is required, under the 14th amendment, to accept. No, the 14th amendment doesn’t say that explicitly but case law has established that fact. And I cannot see Texas winning this purely on those grounds alone. Texas will be forced to accept that birth certificate, and having done so, will be forced to recognize Nikki (and every other transgender person in Texas) as legally of the gender which they claim. So why all this hoopla? It’s standard for radical right wing extremists and will then further give Greg Abbott more ammunition to talk about Texas seceding from the US because the rest of the country is beginning to recognize the basic civil rights of transgender persons. This is all political theater and also because evil men like Greg Abbott appear to actually enjoy hurting other human beings in order to shove their religious beliefs down your throat.

Here’s a good summary of the current situation from Cristan Williams who has been writing about this case for a few years now.

Radical Right Wing Crazies

Sep16

Texas attorney general Greg Abbott (who is now running for governor since Rick Perry announced he will not seek another term) is planning to sue the entire state of Texas to impose his religious views on everyone.

Now note that this line of argument was already tried in the 1950s and 1960s as the basis for continuing to discriminate against blacks and to ban interracial marriage and we know how that turned out in the end. But here in Texas he might win, which will mean Texas will have to be spanked, publicly yet again, by the federal court system for violating basic civil rights. (Texas has this ugly history in that regard, unfortunately.)

What really gets Abbott’s cockles all bunched up in a frenzy is that every major city in Texas, from Dallas to Austin to Houston and most recently San Antonio have all approved GLBT protection laws within the city limits. Further, the vast majority of major corporations operating in Texas have strong pro-GLBT rights corporate policies.

So what is driving this? Abbott’s classic appeal, using the standard GOP “Southern Strategy“, to try to reach bigoted white voters. It’s that simple.

Now Abbott just had his head handed to him by the federal court system in a lawsuit initiated by Wendy Davis, the progressive woman who famously filibustered that heinous anti-abortion travesty for nearly 12 hours. As retribution, the GOP controlled state senate tried to draw her district out of existence. And they lost, not just for her district but the entire redrawn state map was tossed out as blatantly biased.

So that’s the framework under which Abbott is proceeding. And before you think this might not touch you as a trans person, Abbott is of the opinion that gender can never be changed, meaning he is seeking to legally de-transition every single transitioned transsexual in the state of Texas.

This is what transphobia looks like, people. It wears a business suit and claims to be “mainstream Republican”. If you are trans and you vote Republican, you are supporting John Boehner, Eric Cantor, Paul Ryan, Mitt Romney and that entire crew who have openly declared war on you and your right to live.

What boggles my mind is that there are trans people who actually think that this is acceptable. I can tell you that if the radical right wing extremists win and you lose all your rights as a trans person, I won’t be shedding any tears for you if you helped make it happen.

Bradley Manning’s Gender Dysphoria is a Distraction

Aug1

The Bradley Manning case is complicated. His gender dysphoria is almost a sideshow used to help paint him as “other” and therefore worthy of torture and excessive punishment. I was going to write about this in more depth at a TG forum where I post but it’s not really appropriate for there so I’ll discuss what I know here.

First, what actually happened? A crime was committed by others (which involved murder and still has not even been prosecuted let alone punished). Bradley Manning attempted to report said crime to his chain of command. His chain of command actively tried to cover up that crime. And finally, UCMJ Article 78 states:

“Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.”

So Manning tried to report it as required by the military code of justice, saw further crimes in the coverup, and therefore went public with the information since he felt he had no other recourse. None of these facts are disputed by the Marine Corps. Other military vets who have watched the video have the same conclusion – the first group of people killed? That’s war. The attack on the van of civilians who were trying to move a wounded person to treatment? That’s a war crime by definition under Article 12 of the Geneva Convention:

“…Members of the armed forces and other persons (…) who are wounded or sick, shall be respected and protected in all circumstances. They shall be treated humanely and cared for by the Party to the conflict…Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated…”.

I highlighted the relevant part.

None of this is disputed by the Marine Corps or the prosecution. Now, having established that Manning tried to report a war crime and was rebuffed for it and that he was dragged into the coverup, he legally had one of two choices – report it by other means (since the chain of command had demonstrated it was corrupt) or become an accessory after the fact and subject to punishment if this incident came to light via other means.

After all of this is when Manning then began also releasing other information via Wikileaks about other potential war crimes.

John Stuart Mill once said: “‎Bad men need nothing more to compass their ends, than that good men should look on and do nothing.” Bradley Manning tried to do something and for that he will go to jail for up to 130 years. While he may deserve some punishment for what he did, I cannot see how anyone can claim that he deserves 130 years in prison while the murderers and officers who covered up these murders get promotions and continue with their careers and that Manning was effectively tortured, again in violation of the UCMJ as well as the international Convention on Torture while no action is taken against those who tortured him.

Finally, he has already been held in excessively punitive circumstances for 3 years already. In my opinion, his sentence needs to be commuted to time already served.

When I review these facts, I can only conclude that Bradley Manning’s gender dysphoria is raised by the prosecution as a means to make the public less sympathetic to him and therefore deserving of the actual torture he received. And that says a lot about how our society still views trans folk despite progress made thus far.

So much done, so much to do

Jul28

I look back over the last 15 months and realize how much I’ve accomplished internally, as myself in coming to grips with myself. The externals haven’t changed as quickly as I’d like but I’m coming more and more to grips with who I am and where this road is leading. And I’m happy despite being shunned by some of the people I loved most in this life. I’m sad at the same time but I know that I have to be true to myself, that I can no longer go on living the lie they expected me to live, solely for their sakes. And that if me being honest and authentic drives them away, I will mourn that loss but not let it deter me from finding myself.

There are days I look in the mirror and smile at what I am beginning to see. There are days I look in the mirror and despair. The thing that gets me most often still is the facial hair. I can’t do much about the male pattern baldness other than see how much grows back under HRT but the facial hair I can address and now it’s a waiting game. I want to have the funds for two consecutive trips to E3000 in Dallas saved before I start with them because then I can save at a rate that will keep that process moving forward regardless of other events. And I’m almost there. I need to start thinking about scheduling a first visit with them.

I also keep delaying doing my eyebrows or getting my ears pierced. I’m not exactly sure why. I know I am procrastinating on those things. It’s probably fear or public rejection and I need to work through that.

I can pull on a wig and I like everything I see, except those eyebrows and the facial beard shadow. I really think that addressing those will make me feel a lot better about myself pretty quickly so from here it’s a matter of resolving to do what I need to do.

And as an addendum to my prior post, about how we as a community can’t “go back”, I would add the words of Dr. Martin Luther King, Jr.:

“We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed.”

I aim to treat everyone around me as kindly as I can. But I will not stand idly by while someone tries to suppress me or those like me. When I see trans youth thrown onto the streets by their parents and hear their stories of being unable to find housing or work and being forced to choose the world of drugs and the sex trade, my heart breaks for them. And anyone who says they deserve that fate is someone I’d rather not know anyway.

As a community, we can’t go back

Jul20

Recently, a transgender child in Maryland was profiled in a few news stories, showing the positive aspects of affirming a child’s gender identity. And shortly after these stories appeared,  a hate group (the American Family Association) began publicly urging that Tyler’s parents be prosecuted for “child abuse” by allowing their child to confirm his gender identity.

Generally, people are accepting but the small yet loud groups like AFA cause problems for those parents who are simply trying to allow their child to figure themselves out. Yet there are some people who, as trans themselves, believe that we don’t need to be publicly visible or politically active. Yet these small minorities have successfully, for years, denied equal human rights to gays, lesbians, and bisexuals as well. And now that we’re more publicly visible, we have become the latest bogeyman of the radical right.

Further, that genie can’t be put back into the bottle. The old way of doing things, sliding under the radar, whether we think it was better or worse, does not matter any more. We can’t go back. More and more health professionals are dealing with more and more transgender individuals who are not choosing to live lives of depression, fear, and mental anguish. And this means that more and more of us will be visible. So the argument that people should have done this or that or gotten this step done before that step (none of which is consistent with advice from medical professionals) is simply an attempt to walk backwards to a time when trans folk were just less visible. And that is not going to succeed. We’ve been noticed by the haters.

We now have two choices – allow them to strip us of rights, to prosecute us for daring to be ourselves, or we fight back. If your position is one that says we should not fight back, legally, politically, and socially, then your position has become one of passively allowing them to try to strip us of our rights, and you are exhibiting signs of internalized transphobia. You’re afraid of who you are, of being seen for who you are, and so you side with those who would dehumanize you.

I’ve met trans folk who identify as right wing Republicans. They mouth and say the same things as these “social conservatives” about everything, including GLB people, except themselves. Somehow, they’ve convinced themselves that they are different, special, and won’t be targeted, dehumanized, and attacked by the radical right. Yet the evidence is right there, in all its public glory, that the radical right is now very aware of those of us who are trans. They’re not going to stop. They’re not going to give up. They are going to keep pushing now until we win these legal battles clearly and authoritatively.

Some trans folks can pine for the “good ole days” when we were mostly not noticed. But we cannot go back. It’s not going to happen. So choose and choose wisely. Either fight for the rights of all trans people, including yourself or be prepared to see yourself ultimately outlawed and criminalized. Because, as the evidence above demonstrates, that is exactly what these people want to do to us.