In the New York Harbor stands the Statue of Liberty, with an inscription engraved on its based that says, “give me your poor, your tired, your huddled masses....” For years, Lady Liberty has stood as a beacon of welcome and caring for even the most persecuted among us. With his signature on April 30, Mayor Michael Bloomberg put the finishing touches on extending New York City’s Human Rights Ordinance to cover one of the more persecuted classes in America.

On Wednesday, April 24, New York’s City Council voted 45 to 5 to extend civil rights protection to transgender and gender-variant people in the nation’s largest city. This action makes New York City the largest jurisdiction in the United States to guarantee the civil rights of transgenders, and more than doubles the number of transgenders covered by such laws.

The bill was the culmination of three years of effort by the New York Association for Gender Rights Advocacy (NYAGRA), other transgender groups and activists, and LGBT and straight allies.

New York City Council’s action came one day after Tacoma, WA, enacted civil rights protection for lesbian, gay, bisexual and transgender people. Tacoma had previously voted to guarantee civil rights for lesbians, gays and bisexuals in the 1980’s, but the measure was repealed by a referendum. This year, LGBT advocates made the measure transgender inclusive.

Transgender protection was also enacted in Erie County and Allentown, PA, earlier this year.

The New York legislation was first introduced in the City Council in 2000 and was quickly endorsed by more than half the members of the Council. Over 200 trans people and allies turned out for a public hearing last May, but the measure was not brought to a vote in the full council because of opposition from then-Speaker, Councilman Peter Vallone, and Mayor Rudolph W. Giuliani.

Both Giuliani and Vallone left office at the end of 2001 because of term limits, and the measure was reintroduced in January, 2002, under the primary sponsorship of City Council members Bill Perkins, Phil Reed, Margarita Lopez and Christine Quinn.

“Fighting for your rights allowed me to understand my own humanity better,” said council member Lopez. “Those people who made the decision long ago to not allow this bill to be heard need to question if they were representing their humanity.”

At a public hearing before the Council’s Public Welfare Committee on Tuesday, April 23, Carrie Davis, a counselor at the LGBT Community Services Center and a founding member of NYAGRA, testified, “Many people feel it is their privilege to judge me on my appearance. I have been denied jobs, I have been denied housing, I have been denied services, I have been harassed and abused. I have been beaten and raped and I have had my children taken away from me.”

Paisley Currah, associate professor of political science at Brooklyn College and a NYAGRA founding member, said, “With this law, the City Council is sending a very clear signal to employers, to landlords, and to owners of public accommodations that this kind of discriminatory behavior is now illegal. And as the largest jurisdiction by population in the U.S. to ban discrimination against transgender people, it might have a positive spillover effect elsewhere because it suggests to legislators in other cities that transgender inclusion will eventually become the norm in human rights laws.” State Sen. Tom Duane, meanwhile, recognized a driving force behind the legislation: Sylvia Rivera, the firebrand activist who died in February. “She struggled hard but she couldn’t be here today,” said Sen. Duane of Ms. Rivera, a veteran of the Stonewall Rebellion. “In my heart, I will always see this as Sylvia’s bill.”

The states of Minnesota and Rhode Island and almost 40 municipalities now have civil rights laws protecting transgender people. More cities are expected to follow the example of New York, Tacoma, Erie County, and Allentown this year. n

Texas history was made on Wednesday, May 8, 2002, when Dallas officials enacted an amendment to the city’s nondiscrimination ordinance. With a 13-2 city council vote, and a stroke of the mayor’s pen, Dallas now becomes the first city in Texas to extend protections to all its transgendered citizens. Dallas joins both Austin and Fort Worth with city-wide protections based on sexual orientation.

Last July, Houston became the first in Texas to extend protections based on gender identity by amending the nondiscrimination policy covering city employees.

Members of Dallas’ Transsexual Community made an eleventh-hour appeal to add transgender community equal protection under the new law. Transgender leaders complained that the ordinance’s original language left transgenders out of the bill.

Mayor Laura Miller sought the language revision after learning of the transgender community’s concerns and reviewing the language of the proposal. “I didn’t think that we gave a good enough definition of sexual orientation,” Miller said. “I wanted the community and for city officials to be comfortable with it.”

“It is important to be specific, as other cities have been, when addressing the issue,” said Tylana Marie Coop, initiator of the last-minute request. “The change at the last minute to cover “gender identity” shows that a few or even one person who stands up for change, educating in a respectable fashion, can and will make a difference for the transgender community.”

“It’s why it is important for leaders to consult transgenders and other cities who have worked through it,” Coop said. “I believe most people want to be fair once they have been educated about transgender issues.”

Gay Alliance president Maria Rubio said that she is pleased that city officials adjusted the ordinance’s language to the satisfaction of the transgender community. Everyone involved in the ordinance’s preparation intended for it to be comprehensive, she said.

“We had good intentions, and we thought it included everything it needed,” Rubio said. “I’m glad we got it straightened out before it passed.”

The newly enacted nondiscrimination ordinance prohibits discrimination on the basis of race, age, color, religion, sex, sexual orientation or national origin. It defines sexual orientation as “an individual’s real or perceived orientation as heterosexual, homosexual, or bisexual or an individual’s real or perceived gender identity.”

Miller said that few people complained to her about the proposed ordinance in the weeks prior to its passage. The few who did claimed that homosexuality and transsexualism is a personal choice rather than an innate characteristic.

“Including “gender identity” in the Dallas Non-Discrimination Ordinance is a major victory for the transgender community,” Coop added. “Dallas, now joins other major cities, like New York City, in setting an example for the nation.”

“Now other cities and leaders may have the courage to the same.”

While reports of controversy over transgendered restroom rights often involve male-to-female transsexuals, female-to-male transsexual restroom problems may prove even harder to solve. A recent situation in Pennsylvania’s Lehigh Valley is a typical example.

Last month, Victaulic Company of America, a worldwide developer and manufacturer of pipe, coupling, and fire protection products, advised James Halleman that he may not use the men’s locker and washing facilities until he physically resembles a biological male in all respects.

Halleman, a 36 year-old laborer, has worked for the company since 1999 at its Alburtis facility, near Allentown, PA. From all outward signs — the voice, the appearance, the mannerisms and male exuberance — James Halleman is a typical male steelworker. Despite having been on a male hormone regimen for about 15 months, and having advised his Human Relations Director of his transition to male over a year ago, Halleman has been asked not to use the men’s facilities. The company revealed that the local union also recommended denial of Halleman’s request.

Marta Ames, the Executive Director of Pride at Work, the AFL-CIO GLBT Diversity organization, has been working with James on this matter over the past months. In a March 8, 2002 letter to Victaulic, the United Steelworkers of America Local 2599-27 “made clear to the company that they would not be comfortable permitting male bargaining unit employees to share locker and washing facilities with James Halleman until such time as James physically resembled a male.”

“Accordingly,” the letter continues, “Victaulic and Local 2599-27 concluded it would be in the best interests of all represented employees to continue to ask James Halleman to use the facilities reserved for women until such time as James fully resembled a male....”

Halleman has not yet undergone sex reassignment surgery or changed his name legally, but he has plans to do both. Although the question of genital surgery is as yet unresolved, he says, “I do not want to be forced to use the female locker rooms and bathrooms.” He goes on to note that neither the men nor the women want him to use their facilities. Sex reassignment procedures vary greatly between male and female surgeries. In addition to hysterectomy and chest surgery, procedures for corrective sexual surgery on female-to-male transsexuals are more numerous, invasive, and have an inherently higher risk factor for complications. With costs on the latter procedure alone beginning at $25,000 and running as high as $100,000 for a result that will not produce any sensatory benefit, most female-to-male transsexuals choose to opt out of having surgery.

Despite offers from several organizations, including the HRC, NGLTF, and PFLAG, to provide transgender education support, the company and the union arrived at their own joint decision to deny Halleman locker and washing rights in his target gender.

Halleman felt that neither his union nor his employer was providing him any support beyond the use of his male name, albeit, he says, with female pronouns. He was concerned that there might be a hostile workplace environment. “I was warned,” he said, “that once I enter the [men’s] locker room, the trouble would begin. What that is, I do not know.” Nor was he looking to find out.

However, Halleman remained persistent and optimistic ... and to wonderful results.

Recently, Halleman won an important concession from Victaulic with the support of his union. In a decision on April 4th, both the company and the union decided that he will no longer be required to use the women’s room. In a partial victory for Halleman, the company has agreed to provide him access to a unisex restroom. According to Marta Ames, a calm and consistent Halleman rebutted the company position that he must use the women’s facilities. Eventually, the company’s Human Resources Director acquiesced to the proposal for a unisex facility.

The company fully agreed to adopt zero-tolerance of harassment, and recognized the need for further education on the issue of transgenders in the workplace. Following the difficult but successful meeting, Halleman stated, “This proposal allowed everyone in the negotiation to retain their dignity. For now, it’s a win-win situation. And I’m going to continue to educate the company on behalf of all [transgendered] and lesbian, gay and bisexual workers.”

Education and fruitful negotiations were key to Halleman’s success at Victaulic. “I really don’t feel transpeople should have to move

elsewhere to have an acceptable quality of life [that] many people take for granted, “ he said. “My intention [is] that the next transperson have it easier, and [be] dealt with more fairly than I have.”

This case hasn’t reached the courts. Perhaps, now, it won’t have to. The company and the union have made progress in understanding and acceptance. It remains to be seen what will transpire when the company is presented with such documentation as a male driver’s license, a male passport, or a surgeon’s letter stating that Halleman has undergone female-to-male sex reassignment surgery.

The immediate question, though — where does James Halleman turn when nature calls? — has been answered in a spirit of compromise. n

A homeless transgender activist is keeping a one-woman vigil in front of the nation’s capitol in an effort to draw attention to the need for employment among transgenders. As Danielle Clarke began her vigil this past Saturday, the U. S. Senate continued deliberating the Employment Non Discrimination Act (ENDA) which will extend protections based on sexual orientation — but will not cover transgenders.

The conspicuous action is exemplary of the Transgender Community’s frustrations. Transsexuals are disproportionately locked out of the workplace, and Clarke is indeed one of the chronically unemployed.

“When I realized I was nearly broke, I decided to come down here,” said Clarke in a phone conversation from her tent pitched on the Washington Mall. “I could’ve gone back to the VA Hospital — three hots and a cot” and lived off of public funds, she said.

“Instead I decided to do this.”

She hopes that by keeping her vigil in the shadows of the Capitol Rotunda, she will draw needed attention to the plight of transgender unemployment. It’s obviously an issue that hits close to home for Clarke, a member of the National Transgender Advocacy Coalition (NTAC) who has participated in lobbying and other activism efforts on behalf of the group.

“No one’s going to hire me. I don’t have anywhere to live,” she answered, when asked why she was undertaking this effort. She did this to make a statement “to help break the system that keeps our people — transgenders — unemployed, or suicidal, or in the bondage of sexual slavery....”

During the day, Clarke keeps herself busy creating display signs and observing everyday life on the Washington Mall, across the reflecting pool from the Capitol Building. Curious onlookers have been gracious to her: the Democratic National Committee gave her a hat to block the sun from her head, another donor bringing a fruit basket. One Frenchman offered her $10 after reading one of her display signs — a timeline of civil rights enactment.

A large portion of Clarke’s effort is rooted in doing something beneficial for the transgender community. However, the underpinnings of her efforts are an attempt to stave off depression by keeping busy and trying to do something positive.

“Unemployment can gradually deconstruct anyone’s psyche and self-worth; and for transsexuals, it can be utterly devastating,” said Vanessa Edwards Foster, Board Vice Chair of NTAC. “Bankruptcy, homelessness, depression, desperation, prostitution and substance abuse — these are scenarios replayed far too often in this community.”

“The lion’s share of these conditions can be tied initially to chronic joblessness.”

Danielle Clarke has certainly had her share of long-term joblessness and its effects. Though she sees virtually no hope in sight on the employment front, she wishes to remain focused on the positive.

That is not an easy task when one is living in a pup tent on the Washington Mall.

If you wish to help with her vigil, Danielle’s requests are simple: bring any nonperishable food you can spare, something to drink, some sunscreen, and perhaps an occasional ride to and from some place to shower and wash her clothes. And keep her in your thoughts and prayers.

It’s not often that you have to give an incentive for a transgendered person to buy a computer. As a group, transgenders seem to be the most lopsidedly tech-savvy (or at least tech-oriented) in the country. However, there is now a little more incentive to buy computers with Intel products.

During a routine NTAC (National Transgender Advocacy Coalition) search of the Top 50 Gay Friendly corporate entities to work for (www.gfn.com), it was discovered that the Intel Corporation has updated their employment diversity policy on their website to include "gender identity". The change appears to have been made within the last forty days.

In recent history, Intel has certainly not had issues with hiring or retaining transgendered employees. In fact, a number of friends of NTAC have been employees of this progressive company for some time. While mentioning that the company policy was not inclusive, they were quick to add that it was a fair work environment, regardless.

"We must hire, integrate, train and retain the best of the best," states CEO Craig Barrett, from the website’s ‘Diversity in Employment’ section. "The pool is diverse."

The corporate website has numerous reminders that they "value diversity". That commitment to true diversity, even before the policy addition of gender identity, may have been why the policy change never registered on the GLBT community’s radar. NTAC does hope to locate the responsible person who made this happen in order to give due recognition.

According to WorkNet section on the Human Rights Campaign (HRC) website, only 87 companies or city governments across the country include equal opportunity guarantees for their transgendered employees. Intel now becomes the 88th to enact such protections. n

It was the newest edition of the ultra-modern grocery superstore, situated in a prime location near one of the nation’s biggest tourist draws, in a city that knows how to party. But it wasn’t a typical supermarket grand opening. Transgender groups, gay and lesbian organizations, straight supporters, and even the American Civil Liberties Union (ACLU) all joined in for a protest of the new Winn-Dixie Marketplace located within blocks of New Orleans’ French Quarter.

The protest, begun even before the regional supermarket chain had opened the doors on its newest location, was in response to what the nation’s transgender community considers an unfair termination. Here at a store opening in a city renowned for its visible crossdressing during Mardi Gras, Halloween and other celebrations throughout the year, the assembled were protesting a supermarket chain that fired someone for wearing opposite-sex clothing away from work.

Peter Oiler was an employee of the Winn-Dixie regional distribution center in Harahan, just outside of New Orleans, for over 20 years. He was fired January 5, 2000, after management discovered he crossdressed on his free time. During the past 27 months, Winn-Dixie’s unfair employment practice has received nationwide attention far beyond the transgender community. Groups around the country have organized a series of direct and indirect action campaigns against the 75-year-old grocery giant that has more than 1,100 stores in 14 states and the Bahamas.

The protest in New Orleans, which drew 25 participants, was indicative of the wide range of groups supporting the effort. The ACLU, the National Transgender Advocacy Coalition (NTAC), Parents, Families and Friends of Lesbians & Gays (PFLAG) of New Orleans, the Louisiana Lesbian and Gay Political Action Coalition (LAGPAC), the Gulf Gender Alliance (GGA), and both the Lambda Center and the Spectrum Alliance of Baton Rouge were all out in support of the effort.

Oiler occasionally expresses the feminine side of his personality by dressing in female attire while away from work. He and his supportive wife, Shirley, recently celebrated their 25th wedding anniversary with friends and supporters. While Oiler never went to work cross-dressed, and did not think his cross-dressing was a matter of concern to his employer, Winn-Dixie thought otherwise. After off-handedly revealing to his boss that he was transgendered, he was later asked to resign. After refusing to resign, Oiler was fired.

The ACLU filed a sex discrimination suit against the supermarket giant in federal district court in Louisiana. While the suit is based on Winn-Dixie’s views that an employee can’t wear opposite-sex clothing away from work, many see this as a larger issue: an employer’s attempt to control their employee’s behavior on their personal time away from the workplace.

According to court filings in February 2000, Winn-Dixie has admitted that Oiler was not fired because of his job performance or on-the-job conduct. The sole concern was that Oiler, a truck-driver, would harm company’s image by going out in public dressed as a woman. The fear was that if people recognized Oiler as an employee of Winn-Dixie, they “wouldn’t want to associate” with the store because of his conduct.

“It is difficult to comprehend what Winn-Dixie was thinking,” said Courtney Sharp, a New Orleans transgender activist “by claiming that customers would refuse to frequent their stores if Winn-Dixie allowed a cross dresser to maintain employment.” Sharp, both a GGA and NTAC member and organizer of the protests, added, “Winn-Dixie’s claim is an insult to the intelligence of the majority of people in New Orleans.”

“This section of the city [where the new store opened],” Sharp went on to indicate, “is home to the largest population of gay, lesbian, bisexual, and transgender people in the state. They also will not want to associate with Winn-Dixie because of their intolerance, prejudice, and unfair employment practices.”

Some were more blunt about Winn-Dixie’s decision. “The firing of Peter Oiler was malicious and downright ignorant,” said Christy LaFleur, a member of the board of directors of the Lambda Center of Baton Rouge. “That’s why we support the protest and urge people to stop shopping [at Winn-Dixie].

Ironically, the site of the newest location is in one of the few cities in the country that prohibit discrimination based on sexual orientation or gender identification. This, of course, leaves many wondering how Winn-Dixie will handle the issue of transgendered employees inside the city of New Orleans. If Winn-Dixie obeys the law in New Orleans, how do they justify running afoul of their own concerns of company image with their customers? Moreover, how would they justify continued discrimination against transgenders in other jurisdictions?

“We want Winn-Dixie to adopt non-discrimination language in their employment policies; [and] institute company-wide diversity training and gender education,” stated Diane Tanner, the president of New Orleans-based GGA. Transgender groups across the country are looking to the supermarket chain to take corrective measures. “Winn-Dixie can begin taking corrective action in New Orleans,” Tanner finished.

Peter Oiler himself, who did not attend the protest, said, “A company, big or small, that discriminates against a group of people, should not expect for that group to support them.”

“Winn-Dixie’s blatant discrimination highlights the need for state statutes to address the injustice,” Christopher Daigle, chair of LAGPAC. “Fair employment practices are important for the state’s economic development.”

The most popular weedkiller in the United States can give male frogs female sex organs and other attributes, researchers said on Monday, in a study that could shed light on the global decline in amphibian populations.

Very low levels of the herbicide atrazine can cause male frogs to grow female sex organs and curtail their croaks — key to attracting mates in the frog world — a team at the University of California Berkeley found.

The frogs appear normal on the outside, but often have both male and female sex organs, the researchers said, adding that the findings may help explain the amphibian population decline. The decline worries scientists because amphibians such as frogs respond to environmental dangers before other species. “Atrazine is the most commonly used herbicide in the U.S. and probably the world,” the researchers wrote in their report, published in the Proceedings of the National Academy of Science. “It can be present at several parts per million in agricultural runoff and can reach 40 parts per billion in precipitation.” Such a common pollutant would reach many animals as well as humans, so the team, led by Tyrone Hayes, tested its effects on the African clawed frog Xenopus laevis. They put tadpoles into water laced with levels of atrazine much lower than allowed by the U.S. Environmental Protection Agency (news - web sites), and found that the weedkiller had serious effects on 16 percent of them.

These genetically male frogs had testicles and ovaries, and many had testicles that did not function properly and contained eggs and sperm. Their levels of testosterone were much lower than normal. The male frogs also had much smaller larynxes than normal, which could affect their ability to croak and attract mates, Hayes’ team reported. The researchers determined that atrazine is an endocrine disruptor — a class of chemicals that disrupts the hormones in the body. Many pesticides fall into this category and it is one of the qualities that can make them dangerous.

“We hypothesize that atrazine ... promotes the conversion of testosterone to estrogen,” they wrote. “This widespread compound and other environmental endocrine disruptors may be a factor in global amphibian declines.”

On (date) the Gay, Lesbian, Bisexual Veterans of America (GLBVA) changed their name to the American Veterans for Equal Rights (AVER) to fully embrace all American Veterans, regardless of their sexual orientation or gender statement. The National Transgender Advocacy Coalition (NTAC) sees this as a bold and positive move, and praises the organization’s members for voting on such a change.

“As it was, our name (GLBVA) it was not inclusive of transgender/transexual, two-spirit and heterosexual members,” said Jim Donovan, President of AVER. “We feel it was time to change our name to a fully inclusive name, which at the same time was not a cumbersome alphabet soup.”

“The membership chose ‘American Veterans for Equal Rights,’” finished Donovan, “as a descriptive, simple, yet fully inclusive name which leaves no question as to our goals and ideals.”

“As a former member of GLBVA, I am beaming with pride to hear about this change,” remarked Monica Helms, Chair of NTAC’s Veteran’s Affairs Committee. “Not only does the new name reflect the desire of their members to show full inclusion, but the willingness of the organization to work on a broader scope of issues. I plan on renewing my membership, and urge all transgender veterans to join AVER.”

Robyn Walters, Vice-Chair of NTAC’s VA Committee say, “Changing from GLBVA to AVER brings more than a new name to this important veterans organization. The AVER constitution calls for recognition of the right to live free open lives within the American society, regardless of — among other things — gender, gender identification, or sexual orientation. This brings a new awareness to the AVER chapters and membership and to those with whom the organization interacts that transgender and intersex veterans deserve and demand the same rights as other Americans.”

Janice Josephine Carney, life member of DAV, VFW, Transgender Veterans Liaison for New England GLBT Veterans and member of the NTAC VA Committee was quoted as saying, “I thank the membership of the GLBVA for taking this step of changing their name. I strongly feel it is a good start, in showing that transgender veterans are welcomed members.”

Archeologists in Yorkshire have discovered the remains of a cross-dressing eunuch that dates back to the 4th century A.D.

The male skeleton was found dressed in women’s robes and jewelry in his grave at Bainesse, a farm near Catterick. Archeologists say it is the first such find ever discovered in Britain.

It is believed that the man was a castrated priest who would have worshiped the Eastern goddess Cybele. Pete Wilson, senior archeologist at English Heritage, said, “In life he would have been regarded as a transvestite and was probably a gallus, one of the followers of the goddess Cybele who castrated themselves in her honor.