Monday, September 12, 2005

Justice for Gwen Araujo

Media Contacts:

Cecilia Chung, 415-902-0216
Deputy Director

Christopher Daley, 415-771-7304
Director

For Immediate Release

Justice for Gwen, Part I

Transgender Law Center applauds convictions and calls on Alameda County DA to continue efforts for conviction of Jason Cazeras

San Francisco, CA September 12, 2005 - Members of the transgender community can rest more easily as a Hayward, CA jury brings back convictions against Michael Magidson & Jose Merel in the re-trial of the murder of Newark teen, Gwen Araujo.

"These verdicts have been a long-time coming," said Cecilia Chung, Transgender Law Center Deputy Director. "Of course, our hearts go out to Gwen's family and friends as they continue the long wait for Cazeras to be held accountable for his action on that night. Our community will continue to stand along side Gwen’s family until the final justice is served.."

After several days of deliberation, the jury found defendants Magidson and Merel guilty of 2nd degree murder. They were unable to reach a verdict on Cazeras. The verdict followed a re-trial that starkly contrasted with the 2004 trial. As attorneys for the three defendants moved away from the unified front used last year, their overall reliance on "transgender panic" tactics subsided as well.

"TLC applauds the nearly unprecedented efforts of the Alameda County District Attorney's office in twice prosecuting this case and in securing these verdicts," said Christopher Daley, Director of TLC. "Gwen’s murder in 2002 was a stark reminder of the high risk that transgender people face for violence. The actions of Gwen’s family and friends, the D.A office and community members over the last three years are significant steps toward reducing that risk.”

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The Transgender Law Center, an independent non-profit, was founded in 2002. TLC uses direct legal services, education, community organizing, and policy and media advocacy to transform California into a state that recognizes and supports the needs of transgender people and their families

Saturday, September 10, 2005

Transgender Guidelines for Evacuation Shelters

For Immediate Release Contact: Mara Keisling September 9, 2005 Phone: (202) 639-6331

Guidelines for Evacuation Shelters Released

Making Shelters Safe for Transgender Evacuees aims to assist shelters in serving transgender evacuees

Washington, DC, September 9, 2005 -- The National Center for Transgender Equality (NCTE) has released a one-page document with guidelines for shelters, entitled Making Shelters Safe for Transgender Evacuees. The document was a joint project of Lambda Legal, the National Gay and Lesbian Task Force and NCTE. The organizations hope this document provides useful information for shelters around the country who are housing transgender people impacted by Hurricane Katrina.

Every effort will be made to ensure that the publication will reach shelters, LGBT community centers and transgender support groups in effected areas. Topics covered include respecting an evacuee’s stated name and gender, maintaining privacy around a person’s transgender status, and safe and dignified access to bathrooms and shower facilities. NCTE is asking activists and allies in the states housing evacuees to ensure the local shelter has this document by hand delivering copies to shelters.

According to NCTE Executive Director, Mara Keisling, this document is urgently needed. “Unfortunately, we already know of at least two transgender women who have faced intolerable circumstances in shelters in Texas. In the case of one of the women, she was arrested and held on $6,000 bail in isolation in jail for six days for taking a shower. No one should have to face that,” she said.

The document refers readers seeking additional assistance and referrals to Lambda Legal’s National Help Desks in Dallas at (214) 219-8585 or in Atlanta at (404) 897-1880. Lambda can help with legal issues, provide information about local lesbian, gay, bisexual and transgender community centers that can help LGBT evacuees, and provide information relating to hormones and other prescription drugs including HIV/AIDS medication.

The National Gay and Lesbian Task Force (The Task Force) contributed to the document using their expertise in making homeless shelters safe for transgender people. The 2004 manual, Transitioning Our Shelters: A Guide to Making Homeless Shelters Safe for Transgender People produced by the Task Force and the National Coalition for the Homeless has helped innumerable homeless shelters learn to house transgender people more humanely.

Transgender people or others who are facing difficulties with evacuation shelters may contact NCTE at 202-639-6332 or ncte@nctequality.org.

Making Shelters Safe for Transgender Evacuees is attached as a pdf and available for download on NCTE’s website at http://www.nctequality.org.

For The Task Force’s publication devoted to making all shelters safe for transgender people, see Transitioning Our Shelters: A Guide to Making Homeless Shelters Safe for Transgender People at http://www.thetaskforce.org/downloads/TransHomeless.pdf.

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The National Center for Transgender Equality is a social justice organization devoted to ending discrimination and violence against transgender people through education and advocacy on national issues of importance to transgender people. By empowering transgender people and out allies to educate and influence policymakers and others, NCTE facilitates a strong and clear voice for transgender equality in our nation’s capital and around the country.

Transgendered Hurricane Katrina evacuee jailed for five days

Below was a message I got from Mara Keisling, Executive Director of NCTE . Believe it, this kind of discrimination is still a reality for members of the transgender communities.

Personally from Mara

As many people have heard, a transgender woman, Arpollo Vicks was arrested last Sunday, September 4 at an evacuation shelter in Bryan, Texas for taking a shower. I have spoken with Arpollo upon her release from jail and I am very pleased to say that she is in very safe temporary housing with an ally in Bryan.

This has been an incredibly heartbreaking situation. I am glad that Arpollo is safe, although, because of this injustice she has become separated from her 18 year old sister and 16 year old niece who evacuated from New Orleans with her and who were her only family members whose whereabouts were known to her. She believes that her mother is in a shelter in Houston and that her sister and niece may have headed toward there. We will be working with her around housing for the next few days and in evacuating yet another town for safer ground. I have spoken with Ethan St. Pierre of Trans FM and he believes they have the funds to help relocate Arpollo and her family.

Basically, last Sunday Arpollo and her niece, who is also transgender according to news reports, showered at the Texas A&M University-run evacuee shelter and were arrested by the University Police who claim that another evacuee was concerned about the women showering. The minor niece was released to Arpollo’s sister, but Arpollo has been held in isolation for five days at the Brazos County Detention Center.

Upon learning of this last evening and this morning, a group of local, state and national advocates sprung into action and pressured the University to drop all charges and accelerate Arpollo’s release. These included some wonderful faculty at A&M, local trans people and allies, some fabulous folks in Houston including the Montrose Counseling Center, Phyllis Frye and her law firm. Also the Lesbian and Gay Lobby of Texas (LGRL) did amazing work as did Lambda Legal, HRC, the Task Force and the Sylvia Rivera Law Center on New York. [Forgive me if I have excluded anyone.]

I, and many others, have spoken plainly with University administrators about this situation and will be communicating further over the next few weeks.

Later today, NCTE, along with the Task Force and Lambda Legal will be releasing a guide on making evacuation shelters safe and welcoming for transgender evacuees. This document has been in the works for several days, but Arpollo’s case shows the urgent need for it. We will be getting it into the hands of the major shelter managers such as the Red Cross and Salvation Army as well as trans support groups and the LGBT community centers in relevant geographic areas.

Finally, I ask that if anyone hears of situations like Arpollo’s, you bring it to our attention immediately and we will activate a very swift response. No one, let alone someone who has just lost so much, should have to face the injustice that Arpollo has just gone through.

If you would like to know other ways you can help, I refer you to the following as places to donate money and to find links to other helping opportunities: http://www.transfm.org/ – Ethan St. Pierre’s network that is raising money to relocate trans people.

http://www.nyac.org-/ The National Youth Advocacy Coalition in conjunction with many other organizations including NCTE are raising money to help LGBT youth impacted by the disaster.

Be well,
Mara

Saturday, September 03, 2005

Good News for Transgender Parents

Contact: Shane Caya, Manager, Transgender Family Law Project (415) 865-0135 Christopher Daley, Director (415) 865-0176

California Supreme Court Decision Great for Transgender Parents

September 2, 2005

San Francisco, CA - The Transgender Law Center applauds a recent landmark decision by the California Supreme Court that will bring a lot of security to some transgender parents. In its August 22nd decision in Elisa B., the Court held that two people are considered their child's legal parent, with the rights and responsibilities of parenthood if they had the child together through assisted reproduction and parented the child together. While neither parent in this case is transgender, the court's conclusion can directly be applied to transgender people who plan to have a child through assisted reproduction with their partner or spouse.

"For many transgender parents, the thought of losing custody of your child is terrifying," said Shane Caya, Director of the Transgender Family Law Project at TLC. "This decision goes a long way towards addressing the fears of anyone in this type of situation that they will not be treated as their child's parent because of their gender. And thankfully for the children involved, it also means that these parents have the same legal responsibilities as any other parent."

In deciding Elisa B., the Supreme Court wrote: "A person who actively participates in bringing children into the world, takes the children into her home and holds them out as her own, and receives and enjoys the benefits of parenthood, should [have the rights and responsibilities of a parent] - regardless of gender or sexual orientation."

"TLC extends our gratitude to the parents, advocates, and organizations involved in winning this case," said Christopher Daley, TLC's Director. "Once again, California has affirmed what many of us already knew: gender identity and sexual orientation shouldn't matter in determining who has parental rights and who makes a good parent."

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Transgender parents in California with questions about this cases or their own rights should contact Shane Caya at (415) 865-0135 or shane@transgenderlawcenter.org.

Copies of Elisa B. can be downloaded at the website of our partner, the National Center for Lesbian Rights (www.nclrights.org)