Helena Montana city commissioners voted 3-2 yesterday to add a public nudity exemption to the city LGBT non-discrimination ordinance which passed the first phase of the approval process.
A PDF version of the proposed ordinance -prior to the addition of the public nudity amendment- can be viewed here: http://www.kxlh.com/files/draftord.pdf
The proposed non-discrimination statute defines “Gender Identity or Expression” as :
“A gender-related identity expression, or behavior, regardless of the individual’s sex at birth.”
It will provide legal protection to LGBT city residents in all areas of employment, housing, and public accommodation. The public nudity exemption states:
“However in any place of public accommodation where users ordinarily appear in the nude, users may be required to use the facilities designated for their anatomical sex regardless of their gender identity. Such requirements shall not constitute discrimination for purposes of this section 1-8-4”
From the Helena Independent Record, City Commissioner Thweatt explained the amendment “…would allow the owner of a business to remove a person who, for example, was born male but is now a transgender person who had exposed genitalia in a sauna. The explanation was in reference to reports of this happening at Evergreen State College, in Olympia, Wash.”
In that case, a man named Colleen Francis was inadvertently given the legal right to expose his male genitals to high school girls in the female locker room, due to an overly broad Washington State public accommodation statute. You can read about that case here: https://gendertrender.wordpress.com/2012/10/07/olympia-wa-school-officials-state-gender-identity-provision-overrides-title-ix-equality-for-girls-swim-teams/
Montana hunter and attorney Roberta “Bobbi” Zenker, who after fifty years of life as a heterosexual married man and father of two decided in 2007 to become transgendered, testified before the committee that he believes men like himself who wish they were female should have the right to expose their penis to females in places of sex-segregated public nudity- and they should exercise discretion as they see fit. “The fact is that I am pretty modest and my experience with trans people is that they are pretty modest too.” Zenker stated.
Good for Helena Montana for passing discrimination protections for LGBT people which also take into account the rights of women and girls to not be subjected to men’s penises in women’s locker rooms and saunas. All males have a right to use facilities based on anatomical sex. What they wear, or how they think of themselves should have no bearing on this. And women and girls have the right to privacy in sex-segregated areas of public nudity, and the right to be protected from male indecent exposure, regardless of what personal beliefs the male subscribes to. Kudos!
The anti-discrimination ordinance passed 5-0 and the final vote will be held on December 17.
Right-Wing attorneys to represent Swim Team at Evergreen College after Colleen Francis exposes his penis to High School Girls
November 2, 2012
Follow up to THIS POST.
Parents of the high school girls who were forced to witness the naked genitals of a 45 year old man in the Evergreen College locker room have retained legal counsel and vow to challenge “Gender Identity” policies and hold the college liable for any further infringement on the girls legal right to use the facilities free from indecent exposure.
Fox News reports that the parents have retained the conservative Christian legal team of “The Alliance Defending Freedom”. From the article:
“A Washington college said their non-discrimination policy prevents them from stopping a transgender man from exposing himself to young girls inside a women’s locker room, according to a group of concerned parents.
Hacker said a 45-year-old male student, who dresses as a woman and goes by the name Colleen Francis, undressed and exposed his genitals on several occasions inside the woman’s locker room at Evergreen State College.
According to a police report, the mother of a 17-year-old girl complained after her daughter saw the transgender individual walking naked in the locker room. A female swim coach confronted the man sprawled out in a sauna exposing himself. She ordered him to leave and called police.”
[click on screen caps to enlarge]
View complete PDF of police report here:
The legal team sent the following letter to Evergreen College today. According to the letter, the college has hung curtains up in the locker room for the girls to hide behind to try and escape the man’s gaze as they undress, and to avoid looking at his exposed penis.
View complete PDF of letter here:
It is unfortunate that parents were forced to seek representation from such a conservative right-wing group in a matter that most common-sense people (regardless of religious or political views or sexual orientation) can immediately understand:
Women and girls have a right to be free from-
1. Having penises shoved in our face.
2. Being forced to undress and perform private bodily functions in front of men.
IT’S THAT SIMPLE FOLKS.
Read more about Colleen Francis here:
Olympia WA School Officials: State Gender Identity provision overrides Title IX Equality for Girls Swim Teams
October 7, 2012
Two Washington State high-school Girls Swim Teams were stripped of their Federal Title IX rights by Olympia Washington School officials after the teens and their parents refused to allow the girls to shower with a middle-aged retired military man calling himself Colleen. The man was discovered in the women’s sauna by a high-school teen girls swim team. Parents refused to let their minor girls undress in front of him. As a result, local school officials have forced the girls into a small ancillary locker room space and given use of the women’s locker room to the male.
From KIRO 7 Eyewitness News:
“OLYMPIA, Wash. — A transgender woman said she was discriminated against after using the women’s locker room at Evergreen State College. Colleen Francis was using the sauna in a women’s locker room inside the recreation center at the school late in September. The same facility is used by two high school girls swim teams from Olympia, who also practice in the pool. KIRO 7 Eyewitness News reporter Deborah Horne spoke with Francis about the incident in which a woman told her to leave.
[Click to watch Video HERE ]
“I looked at her and said, ‘Excuse me?’ And she said, ‘You have to leave, I’ll be right back,’” said Francis. “She wouldn’t identify herself. All she said was that there were a couple of girls that came upstairs to the pool, and said that there was a man in the sauna.”
Officials at the school told KIRO 7 that they have been working with the Olympia School District, which leases space at the pool. According to state law, it requires equal access to state facilities regardless of gender identity.
So they stripped the girls of their Title IX right as females to equal facilities and forced them into a small private ancillary facility to the main sports complex. A second-class facility.
Francis, a white heterosexual male, compares his right to undress among juvenile girls to the Black Civil Rights Movement:
On WHAT PLANET do parents want their little girls to shower and sauna with middle-aged men?!? On WHAT PLANET are the penile freedoms of middle-aged men INFRINGED UPON by children?
Before Title IX, female sports teams were shuttered off into small unequal locker rooms and sports facilities. Olympic WA school officials have reinstituted this illegal policy by punishing teenage girls and their families for keeping their children safe. Applying contact with this man, who merely two years ago described himself as a male fetishistic cross-dresser, as a condition of equal rights under Federal Title IX is discriminatory and illegal.
Colleen Francis is a 45 year old man who retired from the US Army after 20 years as a supply sergeant. Married three times, he has three adult children and two daughters aged 7 and 5. His cross-sex hormones are provided by VA Medical, as well as a cocktail of psychiatric meds, lithium and antabuse prescribed for a troubling history that he details at length on a blog at the “Transgender Lesbian Space”of the puddygirl dating site for women. He says he is known as “Fae Raven” (not to be confused with the UK fetish model of the same name) in the “BDSM Community” and describes himself as:
“I am polyamorous, bisexual (I very much favor women though, and my therapist calls me a lesbian…makes me smile) and kinky.”
“Colleen Brenna” means “Raven Girl” in Irish Gaelic. A former rodeo rider, he is an avid hunter and competitive handgun shooter.
He started wearing a low-dose estrogen patch two years ago and has written that he has no intention of ever getting “sex reassignment” surgery, stating “Yes, I still have those parts too, although they aren’t disgusting for me. I’ve never hated then. I saw LONG ago, in childhood that those were what I was given, and beung the very, very sexual creature that I was/am, I used them. Enthusiastically. I decided not to be robbed of the blessing of sexuality simply because I came wrapped in the wrong package.” [sic]
He describes his VA funded estrogen treatments as making him “tired and very horny”
The VA also funds his education at Olympia WA Evergreen State College. Francis performed in the university presentation of Eve Ensler’s “The Vagina Monologues”, an experience he describes on his wordpress blog thusly: “ I suddenly find myself in a community of Cunts.”
He lists his life interests as: “drawing, cooking, transgender issues,polyamory, witchcraft, nature, fishing, art, poetry, ocean, women, sex, sexuality, emotions, magic, magick, goddess, reading, erotica, pornography, nudity, crafting, leatherwork, firearms, knives, swords, paganism, wicca, LGBT issues, beauty, gender issues, kink, spirituality, guns, makeup, shoes, boots, corsets, selkies” [sic]
and describes himself as “at once a teen girl and a woman wise beyond her years.”
He says the first thing people notice about him is “I obviously stand out as the one who is not a genetic female.”
Colleen’s “fae_raven.livejournal” bdsm account has been purged.
Olympia WA school officials claim that Title IX protections – which force schools to provide equal access to sports facilities to females [“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”] is overridden by Washington State’s Gender Identity protections. The Washington state law is being used to attach a condition to Title IX equality for females, and that condition is that equal access to facilities for teenage girls is predicated upon their willingness to undress and shower in front of a self-described “kinky” “horny” middle-aged heterosexual man who refers to himself as “a teen girl”. Colleen Francis’ right to express a self-concept of his penis’s “Gender Identity”, and his right to be free from discrimination for his psychiatric “Gender Identity Disorder” diagnosis should NOT override Federal Title IX protections for females. Girls should NOT be shuttled off to inferior sports facilities in deference to one male’s feelings about himself- OR FOR ANY OTHER REASON.
This Washington State Gender Identity law, passed in 2006, is proving to be deeply discriminatory against the rights of females in its practical application. The rights of females under Title IX should not be overridden by Washington State statute, or attached with a condition of teen-aged girls showering with “kinky” middle-aged men.
Who is looking out for the legal title IX rights of these juvenile female athletes?
It is super important for us Lesbian and Female – and gay male- members of the “LGBT” to make the general public (like these girl’s parents, and the media) aware that we do NOT support the infringement on equal rights for girls by men like Colleen Francis, and that we do NOT support Gender Identity Laws which override equality laws designed to protect women and girls. We do NOT want to teach girls to ignore their own sense of safety and we do NOT want to penalize girls who simply want a safe and comfortable and equal place to swim.