<fi‘A <« , 4_____._____, _ . , _—._.:—-—+_ ‘ __;j-—-r> —-:-—-—-—____,4‘_ __ LEGAL BRIEFS by Susan Murray and Beth Robinson Laws Advancing for Trans Folk What an embarrassment of riches—so many exciting and significant developments for transgender people in the workplace, at school, and at the altar. claims of sex discrimination. The decision defined transsex- ual people to include a broad range of individuals who do not conform to gender stereo- types, regardless of whether or Discriminating against someone because he is male or she is female is no worse than discrimi- nating against someone because he or she is neither strictly male nor strictly female. Unfortunately, most courts have rejected this approach. Breakthrough in the Workplace The Connecticut Commission on Human Rights and Opportunities ruled last month that state laws prohibit- ing sex discrimination protect transgender people. You may recall that back in 1997, we considered laws around the country concerning workplace discrimination against trans-g gender employees. Although some municipalities, and at least one state, ban job discrim- ination against transgender employees, in most places transgender workers can be fired simply for being trans- gendered. Advocates' for transgender rights have long argued that an employer who fires an employ- ee because the employee is transgendered not only dis- criminates on the basis of gen- der identity, but also discrimi- nates on the basis of sex. Discriminating against some- one because he is male or she is female is no worse than dis- criminating against someone because he ‘or she is neither strictly male nor strictly female, Unfortunately, most courts have rejected this approach. However, the Connecticut Commission got it. Responding to a request by a coalition of‘ groups led by Jennifer Levi (from Baker co- counsel Gay & Lesbian Advocates & Defenders), the Commission concluded that transsexual people may bring not they have or intend to have surgery. The Commission relied in part on a 1989 United States Supreme Court case in which a female accountant at Price Waterhouse was denied partnership because many of her partners felt she was too “masculine, macho and aggres- sive.” The Supreme Court in that case had recognized that enforcing sex stereotypes is a form of sex discrimination. Schools for All Children In another significant case led by Levi, the Massachusetts Appeals Court upheld a trial court’s order allowing a trans- gender student who is biologi- cally male to attend school wearing girl’s clothing. After nearly two years of discipli- nary action, the school had pro- hibited the student, identified in.the decision as “Pat Doe,” from attending school wearing what the principal considered to be girls’ clothing. Pat began wearing girls’ clothes when she began to identify as transgen- dered. The Massachusetts courts ruled‘ that Pat should be allowed to attend school wear- ing girls’ clothing, following the guidance of mental health professionals who determined that it is medically necessary for the student to be able to A express her female gender identity. Making it to the Altar Vermont isn’t the only state that has dealt with freedom-to-‘ ' marry issues lately. In the much-discussed case of Littleton v. Prange, the 4th Court of Appeals in San Antonio, Texas, considered a medical malpractice claim by Christie Lee Littleton follow- ing the death of her husband of seven years, Mark Littleton. The Court dismissed her case, concluding that Christie Lee didn’t have the right to bring the case, because her marriage to Mark was invalid based on the fact that Christie Lee had been born male. Christie Lee had undergone sex reassignment surgery prior to her marriage, and her husband knew about her sex change operation. Further, Christie Lee and Mark had been issued a marriage license in Kentucky. Despite all this, in the eyes of the Texas court, Christie Lee was born a male and would always be a male. That made her marriage to Mark a same- sex marriage, and hence invalid under Texas law—at least in Bexar County. Although the decision struck a blow to transgender rights, it also opened a door. Talk about making lemonade out of lemons—now same-sex cou- ples with a transgender partner are traveling to Bexar County to get their marriage licenses! For example, Jessica and Robin ‘Wicks obtained a mar- riage license in Bexar County in October, afier being denied a license in Harris County. Jessica Wicks was born a male, but had a sex change operation after years of struggling with the gap between her biological sex and her own sense of her- self. The Harris County clerk denied the marriage license on the ground that Jessica and Robin were both females, and same-sex marriage is not‘ allowed in Texas. The Bexar County clerk, in contrast, issued the s.r...t..,a A. license on the’ January 2001 | Out in the Mountains l? 1- feature :- ground that Jessica was “real- ly” male, and therefore the couple was permitted to marry under Texas laws. Now a trans- gendered Texan can marry regardless of the partner’s sex if they just go to the right coun- ty (unless perhaps both part- ners were born male and have transitioned to female, or vice versa). All this because Texans are so determined to make sure that a same-sex couple, howev- er defined, doesn’t get a mar- riage license. Susan Murray and Beth Robinson are attorneys at Langrock Sperry & Wool in Middlebury, Vermont whose practices include employment issues, family matters, estate planning, personal injury and Worker ,3 . A .. compensa- L tion cases, and general commercial V and civil litiga- tion. This column features timely information about legal issues of inter- est to our community. We hope to provide information about important laws and court cases that may affect our rights, as well as practical nuts and bolts advice for protecting ourselves and our families. If you ’d like to see us cover a particular ' topic, please feel free to write OIT M or call us at 388-6356. V .\,,s*‘ $ 90$ blackv_v.dlaw@ao|.com 93$ /5 5Q‘! 6 sq, 0°’? 17, BLACKWOOD ‘*6 ‘*9 ASSOCIATES. PC attorneys Emplaymant and Special Law, Civil Rights Law, Wills and Mediation, LGBT Adoptions and Domestic Issues, Personal Injury Law and other Izagatwn 6}, ~21 0 ‘fro 9 fax: 802-863-0262 Good legal advice can make all vthe difference. Langrock Sperry & Wool offers the services of 22 lawyers with over 300 years combined experience in all areas of the law — including two lesbian attorneys with special expertise serving the legal needs of the g/l/b/t/q community. SUSAN MURRAY &— BETH ROBINSON With offices in Middlebury and Burlington Middlebury (802) 588-6356 Burlington (802) 864-0217 smurray@langrock.com brobinson@langrock.com Langrock Sperry & Wool, LLP A T matrimonial and family law . Arroanrrs AT LAW sociates 131 CHURCH STREET BURLINGTON, VERMONT 05401 P. 802.864.3120 ,F. 302.864.3635 www.vermoritfamilylaw.com info@vermontfamily|aw,com