,,.~r» \ . \§“~s\\\ \\ Gen_derPAC Leader Says Homophobia Is About Gender BY ERNIE MCLEOD ver 200 students, trans activists, allies, and commu- nity members gathered April l2th at the University of Vermont for the first regional conference devoted to transgender identity and acceptance. The stated goal of the 2003 Translating Identity Conference was to provide education on transgender issues and to “translate gender identity to both the queer community and its allies.” The free conference was organized by UVM’s Free to Be GLBTA, with a number of local and university co-sponsors, including UVM President Daniel Fogel. Some panels were aimed at trans people, while others were for the benefit of those less familiar with the topic. The day concluded with a keynote address by Riki Wilchins, co-founder of Transsexual Menace and currently the Executive Director of the Gender Public Advocacy Coalition (GPAC). While the conference was a natural extension of the organization’s interests over the past year, it also seemed a timely reflection of growing societal awareness of transgender issues. Increasingly, gender identity and expression are being included in or added to anti-bias legislation. In March, New Mexico passed anti-discrimination and hate- crimes bills that cover both sexual ori- entation and gender identity (and Governor Bill Richardson signed it; he will be the commencement speaker at Middlebury College in May). The Gender Expression Non- Discrimination Act (GENDA) has just been introduced in the New York state legislature afier gender identity was excluded from a recently signed bill prohibiting discrimination based on sexual orientation. In Vermont, Rep. Bill Lippert and three cosponsors intro- duced a bill (H.366) to add “gender identity” to the state’s nondiscrimina- tion law. A number of Fortune 500 companies include gender in their EEO policies. As of mid-April, according to The Advocate, 3 states and 53 cities and counties in the US have passed laws protecting transgen- der rights. More are likely to follow. Alongside these steps for- ward, however, is less heartening news: the many cases in which victims of gender-based discrimination have little to no legal recourse; the murders of Freddie Martinez Jr., Ukea Davis and Stephanie Thomas, Gwen Araujo, Nikki Nicholas, and other transgender victims of hate violence too numerous to name. _ The Translating Identity Conference, while acknowledging headline-making advances and tragedies, focused mainly on the per- sonal stories of people grappling, in a multitude of ways, with gender and identity issues. Since there were many more sessions than there were time‘ slots, what follows provides only a partial overview. In “MTF Personal Transition,” session-leader Gail Piche outlined her lengthy transition from George to Gail. She candidly led ses- sion participants through the timeline of her transition, from beginning ther- apy to sexual reassignment surgery andworking on her voice, noting that the process was “difficult but also fun.” Piche, who is a nurse and identi- fies as a lesbian, stressed the enor- mous role the lntemet has played in decreasing isolation, though she cau- tioned that typing “trans” into an lntemet search engine turns up lots of scary porn. (An extensive list of non- porn trans web resources was included in each participant’s information ' packet.) Asked to name the most dif- ficult part of her transition, Piche responded that it was “mostly the daily emotional wear and tear.” At the same time, she pointed positively to the early support of her employer and said that her experience at GRS (Gender Reassignment Surgery) in Montreal was “wonderful.” She emphasized that, unlike many who wish to undergo surgery, she was lucky to have the resources to pay for it. Isolation was cited as a major problem by the three panelists of “Trans Youth: The Next Generation,” all of whom are out as trans before their 21st birthdays. Their very individual accounts of evolving identity defied, as one panelist put it, the common assumption that “one trans experience is everybody’s.” The panelists talked about their sometimes uncertain place inthe queer youthrcommunity, the ongoing coming out process, dealing with par- ents who may or may not be ready to make the leap from GLB to T, the dif- ficulty of finding employment and of deciding how open to be once they do, responding to pronoun slips — whether accidental or intentional. One panelist discussed using different names and pronouns, depending on mood and cir- cumstance, demonstrating that for some, gender — like sexuality — is not set in stone. For trans youths who leave _ home voluntarily or otherwise, the shelter system — typically divided into rigidly defined male/female sections — is often not a feasible alternative. During the “Trans Youth” Q/A period, several shelter employees expressed their struggle to find ways to accom- modate trans youth while working within imposed budgetary and legal constraints. While the panelists project- ed a strong sense of who they are now — “trarmy fag,” “gender queer,” “‘smoothiest’ guy around” — they also articulated a necessary uncertainty about how they might express gender in the future. For young people, espe- cially, there can be too many life vari- ables — including age, family, and dependency/class issues — to think in absolutes. Some do indeed follow a hormone/surgery path, but for others it’s more about, to paraphrase one of the young panelists, dealing with the reality of the body on a day-to-day. . basis. Bodies of all kinds were dis- cussed in “Stolen Bodies, Reclaimed Bodies,” a session that resonated strongly with many conference partici- pants. ModeratorEli Clare offered a “plug for thinking complexly” about the body while pondering the ques- tions: How have our bodies been stolen by oppression and repression? How do we reclaim them? For some, , reclaiming the body can mean accept- ing it as it is, rather than as society tells you it should be. For others, reclaiming can mean “profound body change.” This session investigated dif- ferences and similarities in how we view the body across identities — gen- der, race, class, sexuality, size, and disability. _ Other panels included a . trans primer appropriately called “The Basics,” a look at militarism and mas- culinity, an examination of current psychological conceptualizations of trans identities, and strategies for mak- ing universities more trans-friendly. In the keynote address titled “Ending Gender Stereotypes: A New Path to Full Equality,” Riki Wilchins said she sees “a huge mushroom building up around gender rights” and believes it’s the “next edge” of where human rights needs to go. Reiterating some of the arguments she made in a recent “Advocate” essay, Wilchins suggests thinking broadly about gen- der and the ways it affects many dif- ferent people, not only those who identify as trans. “Scratch homophobia, you get gender,” she said, even if some gay people would prefer to deny it. She also discussed how post-mod- ernism and gender theory, specifically the works of Judith Butler and Michel Foucault, have provided us “tools to start analyzing” gender — the trick being “to take that analysis and make it work in a political context.” Wilchins’ tenure as Executive Director of GPAC has met with controversy among some activists UVM Hosts First Trans Conference who disagree with what they see as the mainstreaming of the organization to the exclusion of trans people, a charge Wilchins disputes. Likewise, Wilchins’s speech at UVM received a mixed reaction. President Fogel opened the Q/A period by wondering what can be done to help children who cross gen- ‘der lines. Wilchins acknowledged changing public attitudes was difficult. but she believes society is at a “tip- ping point” and that it’s our responsi- bility to make people understand it’s ~ their issue too. Others questioned the neces- sity of theory when, for instance, there are trans kids on the street with‘ more immediate concerns. Some fear a the- ory-driven movement risks becoming I elitist, inaccessible to those who need it most. Another audience member expressed disappointment that ' Wilchins’s speech didnft offer more “new thinking.” How did her ideas look different from early feminist ideas? In response to these doubts, ‘Wilchins re-emphasized the need to learn from theory and then apply it. She agreed that while the concepts she articulated weren’t new, their imple- mentation was,,because — in her view — people arefinally ready to organize around gender as.a civil rights issue. In closing, Wilchins said she found “reverence for difference useful in thinking about gender.” Throughout the day, Free to Be encouraged discussion and feed- back, hoping to take the success of this year’s first-ever conference and build on it in the years ahead. University President Dan Fogel was overheard after Wilchins’ speech encouraging Free to Be’s President Caitlin Daniel-McCarter to plan anoth- er conference next year, and “ask for more money.” V Ernie McLeod lives and writes in Montreal and Middlebury. Texas Judge Grants, Rescinds CU Divorce BY PAUL OLSEN he relationship between Russell Smith and John Anthony of Beaumont Texas gives new meaning to the phrase “on again, off again.” Smith, 26. and Anthony, 34, came to Vennont early last year to enter into civil union, then broke up and had their civil union dissolved by Texas judge Tom Mulvaney, only to find that the “divorce” had been overturned when Texas attorney General Gregg Abbott ruled the judge’s decision was illegal. Abbott asked Mulvaney to set aside his ruling because Texas law does not provide for civil union dissolution and divorces cannot be granted to same sex couples. “Because these two men were never married under either Vermont or Texas law, they cannot legally petition for divorce under the Texas Family Code." he said. “The court’s final decree ofdivorce is void as a matter oflaw,” Mulvaney’s original decision was based primarily on the U.S. Constitution’s full faith and credit clause, which requires states to honor marriages perfonned in any other state, among other legal certifications. Mulvaney complied with Abbott’s request to vacate his order con- cluding, “... the Attorney General of the State ofTexas has intervened and pre- sented a legal argument opposing the granting of a divorce, arguing that this court lacks subject matterjurisdiction. It is the court's opinion that this case should be re-litigated, particularly with respect to the legal issues ofsubject mat- terjurisdictionand the Full Faith and Credit Clause.” The Smith/Anthony case pro- vides an example ofthe legal quagmire gay and lesbian couples from outside Vcnnont may face ifthey enter into civil union in the state and their relationship ends. They want to split up but remain legally joined because their civil union cannot be dissolved in their home state". This unique situation is because Vem1ont’s civil union law was modeled after the state’s marriage statutes. Non-Verrnont couples can marry in the state but residency is required to divorce. To be eligible for a civil union, individuals must be ofthe same sex, be 18 or older, and may not be mar- ried or a member of another civil union. Town clerks issue civil union licenses. After ajudge,justice ofthe peace, or member ofthe clergy certifies the union, couples are entitled to more than 300 state provided benefits includ- ing hospital visitation, victim’s compen- sation rights, inheritance rights. family leave benefits, adoption, public assis- tance, state tax benefits, and marital communication privileges. The law does not apply to federal benefits like Social Security. i ' According the to Vcnnont Health Department 5,405 couples have been joined in civil union since the land- mark law went into effect two years ago. Ofthose couples, 4,585 were from out- side Vermont. As they do in divorces, Vcnnont family courts administer the “dissolution” of civil unions. According to the “Guide to Civil Unions” published by Vermont’s Secretary of State the dis- solution of civil unions “is subject to the same substantive rights and obligations that are involved in the dissolution of marriage, including residency require- ments." As the current residency requirement is six months, the question of how other state courts may deal with terminating civil unions from Vcnnont is becoming clear, and the news is not good. Texas officials overturned Mulvaney's divorce decree in the Smith / Anthony case and an Appellate Court in Connecticut also ruled that it couldn’t legally dissolve the civil union ofa gay couple from Connecticut. An appeal of that case was not heard because one of the partners eventually died. On the plus side, in January a West Virginiajudge granted a legal dis- solution oftheir Vermont civil union to ‘two women which will, apparently, stand. State circuit courtjudge David I’. Born granted a divorce decree to Sherry Gump and Misty Gonnan, who had been united in civil union on July 3. 2000 ~ among the earliest civil unions. According to a report in Gay City News, two years later, Gomian filed a ‘complaint‘ requesting the dissolution ofthe civil union due to irreconcilable differences. Gump responded in December. agreeing to the dissolution. There were no unresoived property issues. and no cliildren involved. so the judge granted the divorce. while noting that a civil union is not :1 Wiiiirriagc.‘ and that West Virginia's divorce laws did not really apply. (lump had taken her part- ner‘s last mime. and the judgc‘s decree also restored her right to use her origiiizil name. lhc order was Slgllctl on December Iii), ?.()()’.Z. hut w:i.sn‘t lilcd until Januziry 3, Z()U3. 'l‘|it-rc is no report ofzuiy cliullcngcs to the decree «luring the 30-day appeal pcrim.|. V Paul (..)l.ren /Ivux Ii? I ':zlt'/rmlvr um! ulxn \i'r'I!t.*s_/or In Nc\\‘s\vcckly.