September 21, 2016
The Department of Housing and Urban Development joined other Obama agencies Tuesday in ruling that ‘Gender Identity’ determines reproductive biology and overrides Title IX sex-based protections for women and girls in homeless shelters. The department defines Gender Identity as “the gender with which a person identifies, regardless of the sex assigned to that person at birth and regardless of the person’s perceived gender identity.” [p70]
The ruling allows any male to access female sleeping quarters, showers, and restrooms on the basis of self-declared ‘Gender Identity’. Questioning such a declaration on any basis is ruled as discriminatory and women’s rational need for privacy and safety from male violence is dismissed as “unsubstantiated fears” [p52].
The rule explicitly forbids requesting evidence of a “transition”, including duration, consistency, or sincerity of belief in declared ‘Gender Identity’. There is no provision to address men who may assert ‘Gender Identity’ for an improper purpose:
“HUD also revises paragraph (b) to add a provision that the policies and procedures must ensure that individuals are not subjected to intrusive questioning or asked to provide anatomical information or documentary, physical, or medical evidence of the individual’s gender identity.”[p13]
HUD disregards with a handwave the rationale for protection of female privacy and safety against male violence behind the Congress’s Title IX provision for sex-segregation in areas of public nudity:
“Contrary to the public comment that suggests what Congress’s intent was in creating single-sex facilities, HUD does not opine on Congress’s intent behind permitting single-sex facilities, but does make clear in this rule that, for purposes of determining placement in a single-sex facility, placement should be made consistent with an individual’s gender identity. This rule does not attempt to interpret or define sex.” [p30]
Yet the HUD ruling does re-define legal sex -as a characteristic on par with sex-stereotypes of “appearance, behavior, expression”- falling under the newly invented federal category of “Perceived Gender Identity”:
“Perceived gender identity means the gender with which a person is perceived to identify based on that person’s appearance, behavior, expression, other gender related characteristics, or sex assigned to the individual at birth or identified in documents.” [p70]
The ruling itself re-defines ‘sex’ as a component of ‘Perceived Gender Identity’ but the agency also defines ‘Gender Identity’ as a “component of sex’ in its response to public comment:
“In response to the comment with regard to this rule’s impact on a “legal sex category,” this rule does not provide a definition of “woman” or “sex.” In this rule, HUD notes that gender identity—and whether a person identifies with their sex assigned at birth or not—is a component of sex.” [p45]
HUD cites the Title IX re-interpretation of other Obama appointed agencies (which call for the elimination of sex as a protected category) as precedent for Tuesday’s ruling, making no mention of the current legal challenges to this very interpretation by 23 states and various private litigants:
“Consistent with the approach taken by other Federal agencies, HUD has determined that the most appropriate way for shelter staff to determine an individual’s gender identity for purposes of a placement decision is to rely on the individual’s self-identification of gender identity.” [p39]
HUD cites various internet surveys as evidence that males with ‘Gender Identities’ are at greater risk of harassment and violence than women and girls. Therefore HUD rules that women and girls must be forced by the state to sacrifice their own safety and absorb the risk from males who prefer sleeping and bathing among women. HUD addresses the safety concerns of individuals with ‘Gender Identities’ extensively, including those who ‘identify as’ having no reproductive biology at all:
“In circumstances where an individual does not identify as male or female and such information is relevant to placement and accommodation, the individual should be asked the gender with which the individual most closely identifies. In these circumstances, the individual is in the best position to specify the more appropriate gender-based placement as well as the placement that is most likely to be the safest for the individual—either placement with males or placement with females.” [p48]
Yet HUD completely disregards voluminous FBI, CDC, and other forensic documentation of epidemic sex-based violence against women committed by males as “beyond the scope” of the ruling, wrapping up their dismissal with a version of the classic ‘but women rape too!’:
“HUD’s rule requires that individuals be accommodated in accordance with their gender identity. It is beyond the scope of this rule to detail methods for best serving victims of domestic violence, dating violence, sexual assault, or stalking. However, as discussed earlier, this final rule requires that providers must take nondiscriminatory steps that may be necessary and appropriate to address privacy concerns raised by all residents or occupants. HUD notes that both victims and perpetrators of domestic violence and other VAWA crimes include persons who are transgender or gender nonconforming individuals and persons who are not”. [p58]
HUD fully expects violence, (which it calls “physical harassment”) to occur between homeless women and the males placed in female sleeping and bathing areas as a result of this ruling:
“If some occupants initially present concerns about transgender or gender nonconforming occupants to project staff and managers, staff should treat those concerns as opportunities to educate and refocus the occupants. HUD recognizes that, even then, conflicts may persist and complaints may escalate to verbal or physical harassment. In these situations, providers should have policies and procedures in place to support residents and staff in addressing and resolving conflicts that escalate to harassment.”[p17]
Strangely, although statistics show that female stranger violence against males is an infinitesimal probability compared to the reverse, the Federal Department of Housing and Urban Development is, yet again, solely concerned with the former- the issue of women’s protection from male violence being “beyond the scope” of the Obama administration’s mandate to eliminate sex-based protections for women.
Read the full HUD decision here:
Incredible, must-see footage of this event:
Women attempt a civil dialogue with Transgender Activists over conflicting rights!
June 14, 2016
Georgia ACLU Director resigns over the organization’s failure to balance transgender rights with women’s rights
May 30, 2016
Maya Dillard Smith, the head of the Georgia chapter of the American Civil Liberties Union (ACLU) has stepped down, citing the legal non-profit’s deliberate disregard for the impact on the rights of women and girls caused by the “Gender Identity” platform of the transgender rights movement.
From the Atlanta Progressive News:
“In a statement she accused the ACLU of being “a special interest organization that promotes not all, but certain progressive rights. In that way, it is a special interest organization not unlike the conservative right, which creates a hierarchy of rights based on who is funding the organization’s lobbying activities.”
Dillard Smith argues that transgender rights have “intersectionality with other competing rights, particularly the implications for women’s rights.”
“I have shared my personal experience of having taken my elementary school age daughters into a women’s restroom when shortly after three transgender young adults over six feet with deep voices entered,” she writes.
“My children were visibly frightened, concerned about their safety and left asking lots of questions for which I, like many parents, was ill-prepared to answer,” she said.
“Despite additional learning I still have to do, I believe there are solutions that can provide accommodations for transgender people and balance the need to ensure women and girls are safe from those who might have malicious intent,” she said.
“I understood it to be the ACLU’s goal to delicately balance competing rights to ensure that any infringements are narrowly tailored, that they do not create a hierarchy of rights, and that we are mindful of unintended consequences,” she said.
“Thus, I found myself principally and philosophically unaligned with the organization,” she wrote.”
Maya Dillard Smith has a Masters in Public Policy from Harvard University and a Law degree from UC Hastings. She has worked for the US Court of Appeals for the 9th Circuit and also for the California Supreme Court. She served two terms as the senate-appointed head of the rules committee of the California Commission on Judicial Performance and was founding chair and elected chair of the City of Oakland’s Violence Prevention and Public Safety (Measure Y) Oversight Committee for five years.
She is now founding a new organization called ‘Finding Middle Ground’ which launched their new website ‘Finding Middle Ground: A safe space to dialogue about complex contemporary civil rights issues’ here: http://www.findingmiddleground.org/
The site launched with the above video and a contact/comment form.
Cheryl Courtney-Evans, the founder of Georgia transgender group TILTT (Transgender Individuals Living Their Truth) was quoted by the Atlanta Progressive News stating: “She did the right thing leaving the organization. If she couldn’t defend our rights any better than that, she deserves to leave – she doesn’t need to be in that position.”
He goes on to say “I never went in a men’s room since I’ve been living my truth. What am I doing in a men’s room looking as luscious as I am, putting myself in danger?” (It’s unclear if he used single-sex facilities designated for women during the period which he describes in interviews as detransitioning to attend college in ‘man mode’.)
In a reaction post on his website: [http://www.abitchforjustice.com/2016/05/and-she-stepped-down-for-what.html] he refers to the black female civil-rights attorney as “lazy”, “uneducated”, and “a bitch”. Courtney-Evans also claims that no man in history has ever harmed another human being while “dressed as women”, stating:
“Perhaps someone should hep this biotch to the fact that THERE HAVE BEEN NO DOCUMENTED INSTANCES OF TRANSGENDER MOLESTATION, ATTACK OR IMPROPER APPROACH IN ANY LADIES’ ROOM ANYWHERE (even though there have been NUMEROUS reports that have made the news regarding cis-identified men raping/attacking women/girls/boys in areas that they have been allowed in, and NONE OF THEM WERE DRESSED AS WOMEN when they did)!!!! I invite ANYONE to post a documented contradiction to this!!!”
He also states that gender neutral or family facilities that are not designated for single-sex use “mark” their users “as the Star Of David marked Jewish people in Nazi Germany”:
“And while you’re thinking you’re doing a positive thing by advocating for “alternative facilities” for trans*folks, think again…you’re creating even more numerous opportunities for trans*aggressions and bashing because you’re marking those individuals who use them every bit as effectively as the Star Of David marked Jewish people in Nazi Germany (THINK about it) when possible perpetrators see them go in.”
GenderTrender requested that Courtney-Evans clarify his statements. He did not respond in time for publication.
For the record, I am sharing an excerpt from the gender identity laws state chart that I posted on this site in 2013.
These are states in which gender identity laws have already been passed, yet protection for sex-segregation is also explicitly allowed by statute. This differs from the recent DOJ interpretations of “sex” where “gender identity” is not a separate concept, but one and same with “sex.”
The “gender identity” definition is on the right in column D. The (s)exception language protecting sex-segregation in certain spaces is in column C, middle. Compare and contrast!!
Don’t let anyone tell you there is no statutory or historical support for a female right to privacy from males in certain spaces of public accommodation.
As you can see, the protections vary in their construction but the overall message is one of legislative recognition that sex-segregation is legitimate and appropriate in certain circumstances.
View original post 1,444 more words
April 12, 2016
Popular Omaha nightclub ‘The Hive’ was the target of a transwoman sidewalk picket over the weekend. At issue was the unisex restroom now under construction at the establishment, which the bar owners intend to accommodate patrons of either sex who no longer “identify with” the restrooms designed for their anatomy. Transwomen and Drag Queens claimed the unisex facility was instead intended to discriminate against individuals with penises.The conflict was sparked when bar co-owner Jake Gardner made a comment on his personal Facebook page to his friends, stating his opinion that males should voluntarily use either male or unisex facilities unless they were transgender individuals who had undergone surgical and legal transition.
The comment sparked an online firestorm among legally-male individuals with penises who feel they “identity as” individuals with ovaries and vaginas. The bar’s business page was targeted with negative reviews and has since been taken down. “I thought I was posting to my friends, and it just went viral,” he told the Omaha World-Herald.
From the same article:
“Gardner, 34, is a self-described libertarian with long hair and a beard. He is also a former Marine, a veteran of deployments to Iraq and Haiti. He says people should be left alone to live as they see fit but says he doesn’t sugarcoat his statements.
“The last thing I would want to do is hurt a member of (the transgender) community,” he said. “But people’s feelings are going to be hurt when you bring something up that is sensitive.”
An article he read Tuesday about transgender bathrooms made him think about an assault at his bar, which he said happened a year ago. That led him to post the article along with his comments.
He described the incident like this: A person in women’s clothes but with male genitalia urinated in the women’s bathroom standing up. A woman in the bathroom said something. The person assaulted the woman. Bar staff ejected the attacker. The victim did not want a police report made, he said.
Gardner said he does not believe the person in the bathroom incident is representative of trans people as a whole. But he felt something needed to be done, leading to the bathroom project.
“I’m asking transgender folk to use the unisex … bathroom,” he said. “I don’t think it’s a big ask.”
Transwomen of Omaha disagree. Requesting male patrons to stay out of women’s facilities stigmatizes penis owners, they claim. “”It’s just kind of fear mongering,” said former ‘Occupy Omaha’ organizer Joshua Koleszar, to KETV Channel 7 News. “It’s casting us as predators and it doesn’t help forward the conversation.”
Like several of the heterosexual white male leaders of the former “Occupy” movement, Joshua has gone on to adopt an “oppressed identity” for himself, now calling himself Eris Koleszar and battling for the rights of penis owners not to be “stigmatized” by the “fear mongering” of women and girls who “oppress” him by casting penis owners as potential predators. In his spare time he lectures at lesbians on twitter, expounding on his philosophy of the radical praxis of “breaking down the barriers” of lesbian sexuality for heterosexual men.