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Transgender Equality Unconscious ….

• Is a bias that happens automatically and is triggered by our brain making quick judgments and assessments of people and situations, influenced by our background, cultural environment and personal experiences: • Race: Locking your doors when a black walks by. • Religion: Expecting people of the cloth to be judgmental and not understanding. • : All lesbians can “fix things” & hate men. • Men: Are promiscuous and flamboyant. • Bisexuals: Are dishonest about their sexuality. • Trans*: All like to do “ shows & Comic Relief” for the community. vs.

Sex refers to the biological and physiological characteristics that define men and women.

Gender refers to the socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for men and women. vs. vs. : • Sexual Orientation • The term used to describe what gender(s) someone is sexually and/or romantically attracted to. • Gender Identity • The internal perception of an individual’s gender, and how they label themselves. • Gender Expression • The external display of gender, through a combination of dress, demeanor, social behavior, and other factors, generally measured on a scale of and .

• An inclusive, unifying umbrella term for people who are LGBTIQQ, particularly used by teens and young adults. Historically, “queer” has been used as a derogatory word to demean LGBT people; it should not be used freely by non-queer people. • Generally people over the age of 30 associate the word “queer” as offensive. LGBTQQA(I)

• Gay • Bisexual • • Queer • Questioning • Asexual • * Transgender

• Umbrella term for people whose gender identity, expression, or behavior is different from that typically associated with their assigned sex at birth (includes but not limited to people, cross dressers, androgynous people, bi-gendered, two-spirit, genderqueer, gender fluid and gender non-conforming people) What is a Transgender Person? Intersex

• A person born with a variation in sex characteristics including chromosomes, gonads, or genitals that do not allow an individual to be distinctly identified as male or . Such variation may involve genital ambiguity, and combinations of chromosomal genotype and sexual phenotype other than XY- male and XX-female. • Many Intersex people do not know they are intersex until puberty. Another Look……… Preferred Gender Pronouns

• Gender Specific Pronouns • She/Her/Hers • He/Him/His • Gender Neutral Pronouns • They/Them/Theirs • Ze/Hir/Hirs • Zie/Zir/Zirs • Ey/Em/Eirs • Per/Per/Pers • Hu/Hum/Hus Sexual Orientation Glossary Terms: • Asexual – Lack of sexual attraction to anyone or low or absent interest in sexual activity • - Discomfort or negative response toward bisexual people • Bisexual//Bi - A person who feels love, affection, and sexual attraction regardless of gender • Demi-sexual/Demi-sexuality - A person who does not experience sexual attraction unless they form a strong emotional connection • Down-low – A slang term that refers to men who have sex with men (MSM) but are either or do not identify as gay. Most often associated with and has its origins in African American culture in the US • Gay Man/Homosexual - A man who feels love, affection, and sexual attraction toward men • - Institutional policies and interpersonal actions that assume is normative and ignores other orientations; the belief that heterosexuality is superior to other orientations • Heterosexual/Heterosexuality/Straight - A person who feels love, affection, and sexual attraction to persons of a different gender • Heteroflexible – People who are usually attracted to people of gender different from their own, but might occasionally be attracted to people similar to their own. • - Discomfort or negative response toward gay and lesbian people and/or of same sex attraction or behavior in the self or others • Lesbian/Homosexual - A who feels love, affection and sexual attraction toward women • Homoflexible/Lesbiflexible – People who are usually attracted to people of genders similar to their own but might occasionally be attracted to people of genders different from their own. • Men who have Sex with Men (MSM) – Also: males who have sex with males (MSM); a clinical term that refers to men who engage in sexual activity with other men, whether they identify as gay, bisexual, or neither. • Omnisexual/Pansexual – A person who feels love, affection and sexual attraction regardless of their gender identity or biological sex. Thus, includes potential attraction to people (such as transgender individuals) who do not fit into the of male/female. Sexual Orientation Glossary cont… • Pomosexual - A person who avoids sexual orientation labels (not the same as asexual) • (SGL) – A term coined for African American use by Cleo Manago in the early 1990s; a description for homosexuals, particularly in the African-American community; often used by those who prefer to distance themselves from terms associated with "white-dominated" LGB communities • Androsexual/Androphilic: attracted to males, men, and/or masculinity • Gynesexual/Gynephilic: attracted to , women, and/or femininity • Hypersex(ual/-ity): a sexual attraction with intensity bordering on insatiability or addiction; recently dismissed as a non-medical condition by the American Psychiatric Association when it was proposed to be included in the Diagnostic and Statistical Manual of Mental Disorders version 5 • Questioning: the process of exploring one’s own sexual orientation, investigating influences that may come from their family, religious upbringing, and internal motivations • Sexual Preference: (1) generally when this term is used, it is being mistakenly interchanged with “sexual orientation,” creating an illusion that one has a choice (or “preference”) in who they are attracted to; (2) the types of sexual intercourse, stimulation, and gratification one likes to receive and participate. • Skoliosexual: attracted to genderqueer and transsexual people and expressions (people who aren’t identified as cisgender) Gender Identity Related Terms.. • Gender Identity - Internal sense of being male, female, or something in between (Gender is considered a continuum and not strictly binary concept.) Since gender identity is internal, one’s gender identity in not necessarily visible to others • Cisgender – Someone whose gender identity and assigned biological sex are not in conflict; non- transgender • Bigender: a person who fluctuates between traditionally “woman” and “man” gender-based behavior and identities, identifying with both genders (and sometimes a ) • Binary Sex: a traditional and outdated view of sex, limiting possibilities to “female” or “male” • Biological sex: the physical anatomy and gendered hormones one is born with, generally described as male, female, or intersex, and often confused with gender • Cis-man: a person who identifies as a man, presents himself masculinity, and has male biological sex, often referred to as simply “man” • Cis-woman: a person who identifies as a woman, presents herself femininely, and has female biological sex, often referred to as simply “woman” • Gender Binarism - Belief that there are two, and only two, genders and everyone must be classified as a member of one gender or the other. Any exception to the two genders is not to be taken seriously. • Gender Binary/Binary Gender - The idea that human gender exists in two forms: masculine and feminine. Also describes a society that divides people into male and female gender roles, gender identities and attributes • Gender Expression - How one represents/expresses their gender identity to others, a combination of behavior, dress, hairstyles, voice, body characteristics or other gender-related behaviors • Genderism – A system of that bebefits cisgender people at the expense of transgender and gender non-conforming people. The idea of only beliving in two genders (male & female). Genderism may take the form of , bias, and towards transgender and gender non-conforming people. • Genderqueer - A gender identity other than man and woman; may think of themselves as being both male and female, as being neither male nor female, or as falling completely outside the gender binary • - The accepted behaviors, thoughts, and emotions of a specific gender based upon the views of a particular society or culture Gender Related Terms cont…. • Intersex: a person with a set of sexual anatomy that doesn’t fit within the labels of female or male • Real Life Experience - Refers to the period of time in which some transsexual people live full time outwardly expressing their gender identity; many medical protocols require this prior to SRS • (SRS) - Surgical procedures that alter one’s body to better conform to a person’s gender identity; sex reassignment surgery comprises many different procedures • Transitioning - The process of moving toward full time expression of one’s gender identity; typically includes undergoing physical changes through hormones and/or sex reassignment surgery • Transphobia - Discomfort or negative response toward transgender individuals and other people who are gender nonconforming • Transsexual – Shorthand for a person diagnosed with transsexualism, a medical label for the condition when a person’s assigned biological sex doesn’t match their internal gender identity. Often, transsexual people alter or wish to alter their bodies through hormones or surgery in order to match their gender identity. Commonly used terms: Female to Male (FTM); Male to Female (MTF) • Transvestite/Cross Dressing/Drag / - A person who dresses, either full time or part time, in clothing traditionally associated with the opposite sex. For example, Drag queens/kings are usually lesbian, gay or bisexual and sometimes cross dress for social occasions. • Third Gender: (1) a person who does not identify with the traditional genders of “man” or “woman,” but identifies with another gender; (2) the gender category available in societies that recognize three or more genders • Trans-man: a person who was assigned a female sex at birth, but identifies as a man; often confused with “transsexual man” or “FTM” • Trans-woman: a person who was assigned a male sex at birth, but identifies as a woman; often confused with “transsexual woman” or “MTF” • Two-Spirit: a term traditionally used by Native American people to recognize individuals who possess qualities or fulfill roles of both genders Associated Terms:

• Ally - A person who is not a member of an oppressed group but who supports civil rights and social movements associated with that group. An ally acknowledges his or her position of relative privilege and uses that position to create change within the larger culture and society. • - An ongoing process of becoming aware of one’s sexual orientation or gender identity, accepting it, acting on it and sharing it with others • In the Closet - Keeping one’s sexual orientation or gender identity secret • LGBTQQ - The most inclusive method to identify the “Lesbian, Gay, Bisexual and Transgender” community” (other letters stand for Queer, Questioning) • Partner - A term commonly used to describe an LGBT’s person’s significant other/mate/spouse • – When used by transgender people, it means being perceived as the gender with which one identifies. When used by LGB people, it means being perceived as heterosexual or “straight” • Stealth - Keeping your transgender and transitioning past hidden from others. Controversial Terms:

• Trans*, with an asterisk, is used widely within the LGBT+ community to refer to people who are transgender, or self- identfy with related terms and concepts. The asterisk in "trans*" is meant to indicate any and all suffixes that may follow the prefix "trans," including -gender, -sexual, and -vestite. • is an intersection of two forms of oppression that transgender women are subjected to: transphobia and . Because conventional patriarchal culture views women as inherently inferior to men (misogyny), transwomen are also perceived as inferior by virtue of being feminine and pursuing a female social role in society. • Transphobia is a strong dislike, hatred, sense of disgust, or fear related to trans* people. • is the belief that gender roles and are the natural result of biological or neurological differences between males and females. Gender essentialists assume that AMABs are by nature men, that AFABs are by nature women, and that the societal roles assigned to both are acceptable based on those differences. Gender essentialism generally denies the natural existence of transgender, intersex, and non-binary people, and tends to be closely linked to misogyny. Examples of common gender essentialist assumptions are "All men like porn," and "Little girls love dolls.“ • Cishet, used as both an adjective and a noun, describes a person who is both cisgender and heterosexual. A person is cishet if he or she is cisgender, meaning identifying with his or her assigned-at-birth gender, as well as heterosexual, or attracted exclusively to people of the opposite sex. Cishet individuals are not inherently part of the LGBT+ or queer community but may identify themselves as allies. People who are cishet arguably form most of the human population. Terms & Words NOT to use: • “He-she” • “She-male” • —should only be used by transgender people; non-transgender people should avoid this word • Fag, , , queer—sometimes words used against gay, lesbian and bisexual people are also used against transgender people. While these words have been reclaimed and used by some members of the LGBT communities, they should never be used by people who don’t identify as LGBT themselves. • Never ask about surgeries. • Never ask “what is your real name?” Trans* History….

1952 RIOTS….

• 1969 in New York gain national attention • 1975 Minneapolis becomes the first city to pass a law protecting transgender people from discrimination. • 1986 Bowers v. Hardwick, Supreme Court ruling upholds Georgia law banning homosexual sex. • 2003 Lawrence v. Texas, Supreme Court ruling overturns 1986 ruling and declares anti-sodomy laws unconstitutional. Early1970’s Adversities • Depression • Suicide 41% • Sexual Assault • Violence • Homelessness • Overly stereotyped • Harassment • Domestic Abuse 19% • Rejection • Discrimination • Workplace 50% • Housing • Healthcare • Immigration • .….etc. In 2013 Transgender Women made up 72% of hate violence homicides. 67% Transgender Women of Color Among the 53 known transgender victims from 2013-2015…..59 were under the age of 35years old. Transgender Women are 3.7 times more likely to experience police violence. Transgender people of color are 6 times more likely. Transgender women are 1.8 times more likely to experience sexual violence. • NCAVP http://www.avp.org/storage/documents/ncavp_transhvfactsheet.pdf • National Coalition of Anti-Violence Programs 18 were killed in the southeast 16 died in states that DO have Hate Crimes Law. Georgia does NOT !!

THE LACK OF ACCURATE AND RELIABLE DATA COLLECTION MAKES IT IMPOSSIBLE FOR ADVOCATES TO KNOW HOW WIDESPREAD THIS VIOLENCE REALLY IS! • Police don’t respond to anti-LGBT violence properly • Police response to anti-LGBT violence is extremely uneven, with a majority of respondents saying that law enforcement was “hostile” or “indifferent” to their claims of violence. That’s why nearly half of victims didn’t even bother to report their attacks to police in the first place. And even when they did, only a tiny sliver classified the reported attack as one of bias.

LGBTQ people — particularly LGBTQ people of color, transgender and gender non-conforming people, and LGBTQ youth — are disproportionately targeted by the police and subjected to traumatizing forms of state violence. A moment of Silence-2016 , a 43-year-old Latina from North Austin, Texas was murdered on 22 January 2016. A man demanded entry to her home claiming to have forgotten his jacket; when she opened the door, he shot her. He was subsequently arrested. For days, both the media and police report identified her as a man and referred to her using her birth name. Loera was a ; the killer was likely a client; he had been seen earlier leaving her home "patting his pockets".

, a 52-year-old Latina trans woman from Bakersfield, California, was found dead in an apartment on 22 January, with her body showing signs of trauma and foul play according to police. Local media had identified her as male and used her birth name.

, a 24-year-old white transgender man with Asperger's syndrome from Mesa, Arizona, was fatally shot on 4 February by police who had been responding to a call to prevent him from committing suicide. Some media reports erroneously identified him as a woman and used his former name. Some autism and advocacy groups were also upset by the killing of Clarke, seeing his death as highlighting the discrimination against autistic transgender people and transgender people with other developmental or mental health issues and the poor training of many police responding to mental health crises, and issued a joint statement with some LGBT groups condemning the killing of Clarke. Clarke posted videos on YouTube describing his experiences and was well-known from a viral video that showed him being calmed down during an Asperger's meltdown by his dog.

Veronica Banks Cano, a black trans woman, was found dead on 19 February, fully clothed in a bathtub in San Antonio, Texas.

, a 25-year-old black trans woman was fatally stabbed in Frankford, Philadelphia on 20 February 2016.

Stansberry, a 30-year-old African-American transgender man of Baton Rouge, Louisiana, was fatally shot on 27 February by an acquaintance. Some media reports identified him as a woman and used his former name.

Kandicee Johnson, 16-year-old black genderfluid individual (who went by both names and used the pronoun they), was found dead by Burlington, Iowa police on 2 March, having been shot several times and left in an alley.

Davia Dawsonn-Yochum, a 32-year-old trans woman of color, was murdered on 23 March in Los Angeles. After a domestic dispute, she was out walking her dogs when a man came up to her and shot her in the head. The suspect was detained by a security guard and was subsequently arrested and

Thompson, a 34-year-old black transgender woman, was beaten and fatally shot in Houston, Texas on 11 April. Witnesses reported that she and a male friend were swarmed by a group of up to eight people on the side of a roadway in the Midtown area.

Blakeney, a 22-year-old black trans woman from Upper Marlboro, Maryland who had attended Bowie State University, was found dead in a hotel room in Rockville, Maryland on 16 April, with trauma to the upper body indicating she had been beaten and murdered. Police believed she was involved with prostitution.

Walker, a 32-year-old black transgender woman from Wichita, Kansas, was stabbed to death in the evening of 1 May, in her Windridge apartment bedroom. A 16-year-old boy was arrested and booked into the Sedgwick County Jail on suspicion of second-degree murder. Her family hosted a candlelight vigil on Wednesday, 4 May, in front of her apartment as well as a Celebration of Life for her at her family's home on Friday, 6 May.

Successful, a 32-year-old black transgender woman was found dead in a Haines City, Florida parking lot on 15 May 2016, after being shot. Born in Jamaica, West Indies, she was an active member of the LGBT community in the United States.

, a 38-year-old homeless transgender man was severely beaten in Burlington, Vermont on 23 May. He died of his injuries (broken bones, internal bleeding in the brain) in the hospital six days later, on 29 May.

Diamond, a 20-year-old black trans woman, was found in a torched car in New Orleans, Louisiana on 5 June. She died from blunt force trauma before the car was burned.

Dodds, a 22-year-old black trans woman, was shot in the neck near her home in Washington D.C. on 4 July 2016. The shot left her hospitalized on life support until she died on 14 July.

, a 25-year-old black trans woman who worked as a nurse, was stabbed to death in the face and body on 23 July in her hotel room in Biloxi, Mississippi, where she was staying with friends to see a rodeo. Police arrested a 20-year-old as the suspected killer.

Tijerina, a 36-year-old Latina trans woman, was found dead in her apartment in El Paso, Texas on 8 August 2016. A police officer who entered the apartment discovered "obvious signs of foul play". Her sisters expressed belief that her death was a .

Thomas, a 28-year-old black trans woman, was shot twice in front of her mother, and then beaten to death by James Allen Byrd in Columbus, Ohio on 10 August as she begged for her life. Byrd called her "the devil" and made transphobic comments. Her family called for the murder to be investigated as a hate crime, but Ohio hate crime statues do not cover gender identity.

, a trans woman, aged 26 or 27, from Chicago's West Side was found murdered in Chicago's Garfield Park the evening of 11 September 2016. Her throat had been cut and a knife was found nearby. According to a friend of T.T., Saffore got into an altercation with a young woman on Madison Street. The woman pulled a knife and allegedly said "I'm going to get you killed." T.T. did not report the crime to the Chicago Police Department due to a fear of abuse from CPD officers towards trans women who live on the West Side. Major media outlets misgendered her.

Edmonds, a 32-year-old black trans woman, was killed in Baltimore on 16 September 2016.

, a 30-year-old black trans woman from North Carolina, was killed in her hotel room in Birmingham, Alabama on 23 September 2016. She was initially misgendered by the police, but her sister Toya Milan, also a trans woman, corrected the record as to her sister's gender

, a 32-year-old black trans woman from Cleveland, Ohio, was found dead in a driveway on 8 October 2016. Her body, wearing only underwear with white plastic bags covering her head and hands. She was found by a 5-year-old boy.]

Bush, a white 18-year-old gender nonconforming Boise State University student went missing on 24 September. Their body was found naked in a rural area creek south of Idaho City, Idaho, about 30 miles away from their home a month later, on 25 October. An investigation is still ongoing, "Police have not said whether they suspect foul play in her death, or whether Bush left Boise of her own volition. But Boise Police Sgt. Justin Kendall said the case is being investigated as suspicious.

Norwood, a 30-year-old transgender woman of color, was shot and killed on 5 November 2016 in Virginia. Police are investigating surveillance of a man leaving the scene. They are not yet clear about what the motive of the killer may have been.

, a 29-year-old trans woman of color, was found shot to death December 21, along with Mark Gray, 37, in a home in Newport News, Virginia. Local news reports at first identified Monroe as male. She was buried under her birth name, with her hair cut short and other facets of her appearance altered to make her look male. Newport News police have ruled Monroe’s death a homicide but are investigating it as a domestic incident, not a hate crime 2017 is off to a bad start… • 1.) Mesha Caldwell, a 41-year-old trans woman of color, was found shot to death on a road near Canton, Mississippi on January 4. • 2.) Jamie Lee Wounded Arrow, a 28-year-old trans woman of color and member of the Oglala Lakota tribe, was found dead in her apartment in Sioux Falls, South Dakota on January 6. Police believe her death to be a homicide • 3.) Jojo Striker, a 23-year-old trans woman of color, was found shot to death in a garage in Toledo, Ohio, on February 8. She suffered one gunshot wound to her chest. • 4.) Tiara Lashaytheboss Richmond, a 24-year-old trans woman of color who was also known as Keke Collier, was shot on Chicago's south side on February 23rd, by an unknown assailant while sharing a vehicle with them. She was found by police on the ground outside, and rushed to the hospital, where she died around 7:00 AM. • 5.) Chyna Doll Dupree, a trans woman of color, also known as Chyna Gibson, was shot in New Orleans on February 25, by an unknown assailant. She was found by police at 8:30 pm lying in a parking lot outside a shopping mall. She had been shot several times, and died at the scene. • 6.) Ciara McElveen, a 26-year-old trans woman of color, was stabbed in New Orleans, LA, and left on the side of the road. She was transported to University Medical Center where she died on February 27. • 7.) Sean Hake, 23, Sharon, PA transman shot by police. • 8.) Jaquarrius Holland (Brown), 18, shot in the head in Monroe, Louisiana on February 19th. 2005

1980’s-1990’s 2015 The good news is…………….. • At least 200 cities have banned gender identity discrimination, including Atlanta. • The United States Department of States issues “True Gender” passports.* • There is a ban on federal contract workers from being discriminated against on the basis of their sexual orientation and gender identity.* • The United States Education Department has decided that Title IX of the Education Amendment Act of 1972 bans gender discrimination in education, including for transgender students.* • Veterans whom are transgender are able to receive medical care at Veteran’s Administration facilities.* • Government-contracted health insurers can now start covering the cost of gender reassignment surgeries for federal employees, retirees and their survivors.* Atlanta Human Relations Commission https://www.municode.com/library/ga/atlanta/codes/code_of_ordinances?nodeId=COORATGEVOII_CH94HURE

• Articles I-IV, Sec. 94-11. - Policy. • In the city, with its great cosmopolitan population consisting of large numbers of people of every race, color, creed, religion, sex, marital status, parental status, familial status, sexual orientation, national origin, gender identity, and age, many of them with physical and mental disabilities, there is no greater danger to the health, morals, safety and welfare of the city and its inhabitants than the existence of groups prejudiced against one another and antagonistic to each other because of differences of race, color, creed, religion, sex, marital status, parental status, familial status, sexual orientation, national origin, gender identity, age, and disability. The council finds and declares that , intolerance, bigotry and discrimination and disorder occasioned thereby threaten the rights and proper privileges of its inhabitants and menace the very institutions, foundations and bedrock of a free democratic society. • ARTICLE III. - NON-DISCRIMINATION IN PUBLIC ACCOMMODATIONS • This article vesting authority in the human relations commission to investigate and make recommendations to the mayor and to the appropriate city agency is an exercise of the police power of the city for the protection of the public welfare, health, peace and safety of the residents of the city. The council hereby finds and declares that the practice of discrimination against any person on the basis of race, color, creed, religion, sex, domestic relationship status, parental status, sexual orientation, national origin, gender identity, age, disability, or the use of a trained dog guide by a blind, deaf or otherwise physically disabled person in places of public accommodation constitutes matters of local concern and are contrary to the public welfare, health, peace and safety of the residents of the city. The human relations commission established in article II of this chapter is vested with authority to investigate and make recommendations to the mayor and appropriate city agency and to secure a response within 30 days pursuant to the provisions of this article in furtherance of this policy and in accordance with the procedures set forth in article VI of this chapter. • ARTICLE IV. - FAIR HOUSING • The council declares that it is the policy of the city, in the exercise of its police powers for the protection of the public health, safety, and general welfare, and for the maintenance of peace and good government, to provide, within constitutional limitations, for fair housing throughout the city, free from restrictions and prejudice based upon race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, and disability. The human relations commission established in article II of this chapter is vested with authority to investigate allegations of discrimination in housing and to make recommendations to the mayor and city's housing agencies and to secure a response within 30 days pursuant to the provisions of this article in furtherance of this policy and in accordance with the procedures set forth in article VI of this chapter. • ARTICLE V. - FAIR PRIVATE EMPLOYMENT • The council declares that it is the policy of the city, in the exercise of its police powers for the protection of the public health, safety, and general welfare, and for the maintenance of peace and good government, to assure equal employment opportunity to all persons, free from restrictions and prejudice based upon race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, and disability. The human relations commission established in article II of this chapter is vested with authority to investigate alleged incidents of discrimination and make recommendations to the mayor and appropriate city agency and to secure a response within 30 days pursuant to the provisions of this article in furtherance of this policy and in accordance with the procedures set forth in article VI of this chapter. • Sec. 94-120. - Prosecution of ordinance violations in Atlanta Municipal Court. • (a) In addition to or in lieu of filing a complaint with the human relations commission, an aggrieved person may seek prosecution of alleged violations of the human relations ordinance in Atlanta Municipal Court as in other cases of alleged ordinance violations pursuant to section 62-26, et seq., of the Code of Ordinances. • (b) In the event that the human relations commission has obtained a settlement or conciliation agreement with the consent of the aggrieved party, the basis for an ordinance violation is limited to the enforcement of the terms of the agreement or settlement. • (c) Nothing in this chapter shall be construed to invalidate or restrict or deny any right or remedy any person may have under state or federal law or preclude any cause of action in court otherwise provided for the violation of any person's civil rights. Precedents (noun) & Case Law

• Precedents: • The noun precedent means an example from the past that provides evidence for an argument. It is most commonly used in legal circles and, more specifically, can be described as a previously decided case that guides the decision of a future case. • Case Law: • The law as established by the outcome of former cases. Title VII

• Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. It generally applies to employers with 15 or more employees, including federal, state, and local governments. • Title VII has been amended in 1973, 1990, 1991, 2000, 2009 • Equality Act ??? Title IX

• Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. “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.” • http://www2.ed.gov/about/offices/list/ocr/frontpage/pro- students/issues/sex-issue01.html • Under Title IX and the Equal Protection Clause, discrimination based on a person’s nonconformity to sex stereotypes, a person’s gender identity, or a person’s transgender status constitutes discrimination based on sex. • The United States has a significant interest in ensuring that all students, including transgender students, have the opportunity to learn in an environment free of discrimination and that the proper legal standards are applied to claims under Title IX and the Equal Protection Clause http://www.justice.gov/sites/default/files/crt/legacy/2015/02/27/tooleysoi.pdf • Kimberley Tooley v. Van Buren Public Schools (2015) Education (Title IX)*:

• Gender identity discrimination is sex discrimination. • Students have the right to use restrooms consistent with their gender identity. • Students have the right to class placements and overnight accommodations based on their gender identity. Discriminatory discipline is unlawful. Housing for a Transgender person

• When a transgender student, client, or patient identifies as a particular gender, dormitory assignments should be based on that gender, regardless of whether the student has had any gender-related surgery, , or other medical procedures. • Place a potential client (or current client seeking a new assignment) in a shelter or facility that corresponds to the gender with which the person identifies, taking health and safety concerns into consideration. https://www.hudexchange.info/resources/documents/Notice-CPD-15-02-Appropriate- Placement-for-Transgender-Persons-in-Single-Sex-Emergency-Shelters-and-Other-Facilities.pdf (2012) Healthcare

• Gender identity discrimination in federally-funded health programs violates the Affordable Care Act (ACA) Section 1557. Most insurance plans cannot maintain blanket transgender exclusions, or deny medically necessary services for trans people that are covered for other people with other medical conditions. https://www.opm.gov/healthcare- insurance/healthcare/carriers/2015/2015-12.pdf • Patients have the right to placement based on their gender identity. • Insurers cannot deny preventive care based on a person’s recorded gender. http://www.hhs.gov/dab/decisions/dabdecisions/dab2576.pdf Healthcare Challenges: •Lack of adequate access • Requiring a “” diagnosis. •Focusing on gender identity for gender Unrelated medical attention •Misgendering •Questioning ones commitment to being trans. • ALL of the above contributes to sex work, illegal silicone injections, buying hormones off the street. Unprotected sex. Restroom Access (workplace)

• Occupational Safety & Health Administration (OSHA)*: • Core Principal: ALL employees , including transgender employees, should have access to restrooms that correspond to their gender identity. • The BEST POLICIES: Employees are not asked to provide any medical or legal documentation of their gender identity in order to have access to gender- appropriate facilities. • Single-occupancy gender-neutral (unisex) facilities; and • Use of multiple-occupant, gender-neutral restroom facilities with lockable single occupant stalls. • EEOC*: April 2015, the EEOC ruled that a transgender employee cannot be denied access to the common restrooms used by other employees of the same gender identity, regardless of whether that employee has had any medical procedure or whether other employees’ may have negative reactions to allowing the employee to do so. The EEOC held that such a denial of access constituted direct evidence of sex discrimination under Title VII.

Examples of Good Restroom Law

• Federal District, Washington D.C. • 802.1 All entities covered under the Act, as amended, shall allow individuals the right to use gender-specific restrooms and other gender- specific facilities such as dressing rooms, homeless shelters, and group homes that are consistent with their gender identity or expression. • • 802.2 All entities covered under the Act with single-occupancy restroom facilities shall use gender-neutral signage for those facilities (for example, by replacing signs that indicate "Men" and "Women" with signs that say "Restroom"). • • SOURCE: Final Rulemaking published at 53 DCR 8751, 8753 (October 27, 2006) http://www.outandequal.org/wp-content/uploads/2014/12/Out-Equal- Workplace-Transition-Guidelines-Full-Edition.pdf Gender Identity & Sexual Orientation

• Gender identity & Sexual orientation are sex discrimination. • Leyth Jamal v. SAKS & Company • EEOC: “When an employer discriminates against someone because the person is transgender, the employer has engaged in disparate treatment “related to the sex of the victim.” http://www.justice.gov/sites/default/files/crt/legacy/2015/02/27/jamalsoi.pdf • Attorney General mem of treatment of transgender employment discrimination claims under Title VII of the Civil Rights Act (2014) “After considering the text of Title VII, the relevant Supreme Court case law interpreting the statue, and the developing jurisprudence in this area, I have determined that the best reading of Title VII’s prohibition of sex discrimination is that it encompasses discrimination based on gender identity, including transgender status.”………………… “The Department will no longer assert that Title VII’s prohibition against discrimination based on sex does not encompass gender identity per se (including transgender discrimination) http://www.justice.gov/file/188671/download Intentional Misgendering is discrimination

• Intentional misuse of the employee's new name and pronoun may cause harm to the employee, and may constitute sex based discrimination and/or harassment. http://www.eeoc.gov/federal/reports/lgbt_cases.cfm • A sex discrimination allegation involving the failure to revise agency records pursuant to changes in gender identity stated a valid Title VII claim. http://www.eeoc.gov/federal/reports/lgbt_cases.cfm 10 Things you are actually saying when you ignore someone’s gender pronouns

• “I know you better than yourself” • “I would rather hurt you repeatedly than change the way I speak about you” • “Your sense of safety is not important to me” • “Your identity isn’t real and shouldn’t be acknowledged” • “I want to teach everyone around me to disrespect you’ • “Offending you is fine if it makes me feel more comfortable” • “I can hear you talking, but I’m not really listening” • Being who you truly are is an inconvenience to me” • I would prefer it if you stopped being honest to me” • I am not an ally, friend, or someone you can trust” Policing & PREA (Prison Rape Elimination Act):

• Federal laws prohibit recipients of Justice Department funding from discriminating against individuals or groups, either in employment or in the delivery of services or benefits, on the basis of race, color, national origin, religion, sex, or disability. (Title VII) http://ojp.gov/about/ocr/complaint.htm • Refusing to provide hormones or surgery for non-medical reasons is unconstitutional. http://www.justice.gov/sites/default/files/crt/legacy/2015/06/12/diamond_soi_4-3-15.pdf • Ashley Diamond v. Brian Owens (2015,pending) • Facilities must ask about Transgender status and sexual orientation at intake. • Facilities can not isolate prisoners solely because they are LGBT. • Facilities must seriously consider housing a trans* person based on identity, not anatomy. • PREA Standards,28 C.F.R. § 115.42, 115.43 • http://www.prearesourcecenter.org/frequently-asked-questions • http://nicic.gov/library/027507 10 Things You Can Do To Be A

1. Be open. Talk about having gay friends, family, colleagues, or acquaintances. When you talk about them, don’t omit the fact that they’re lesbian, gay, bi, or transgender (LGBT).

2. Ask questions. Especially when you aren’t sure about the acronyms, terminology, or words to use when talking about your gay friends, family, colleagues, or acquaintances.

3. Become informed. Learn about the realities, challenges and issues affecting the lives of LGBT people through websites, books, documentaries, and educational materials.

4. Speak up. When you hear derogatory slurs or joke, like “that’s so gay,” say something – and don’t tell them yourself.

5. Help your kids. Teach them about all different kinds of families. Be mindful of the day-to-day messages that they are receiving about gay and transgender people and issues in school, from friends, the web, and on TV. 10 Things You Can Do To Be A Straight Ally

6. Reconsider your membership. There are many organizations that overtly discriminate against the LGBT community. Be sure to let them know why you are leaving or not joining in the first place.

7. Think about where you spend. Support gay, lesbian, bi, and/or transgender-owned and friendly businesses that have policies in place to ensure equal treatment for all.

8. Challenge those around you. Encourage your social club, workplace, or faith community to consider inclusive policies that protect the LGBT community from discrimination.

9. Write letters to the editor of your newspaper to comment as a straight ally on why you support respectful and equal treatment for GLBT people.

10. Become an advocate. Call, write, e-mail, or visit public policy makers and let them know that as a straight person who votes, you support laws that extend equal rights and protections to all people Support Groups for

• Trans Youth Family Allies www.imatyfa.org • TransKids Purple Rainbow Foundation http://www.transkidspurplerainbow.org • JustUsAtl http://justusatl.org • PFLAGATL http://www.pflagatl.org/ • Trans & Friends https://www.facebook.com/TransAndFriends • Georgia Safe Schools Coalition http://www.georgiasafeschoolscoalition.org/ • Real Youth Atlanta http://www.realyouthatl.org/ • There are several other Facebook groups dedicated to being a PRIVATE Trans support system. www.facebook.com/TransActionGA • Create TransActionGA • A coalition of Trans Men & Women living and representing different parts of Georgia. • Developing Transgender leadership across Georgia. • Educating Georgians about transgender issues through statewide advocacy and visibility. • Assisting to build a statewide resource guide for the transgender community. Chanel Haley [email protected] 404-523-3070 ext. 106 Atlanta Human Relations Commission, Chairperson Advisory Committee to the U.S. Commission on Civil Rights, Secretary Certified Out & Equal Workplace Advocate Trainer • Transgender Inclusion Organizer • To lead efforts that ensure nondiscrimination legislation and policies in the broad areas of employment, housing, public accommodations, safe schools, and access to health care are inclusive of transgender and gender variant individuals and communities • To build relationships in business and corporate environments that may have little or no LGBT background and experience by providing training on transgender inclusive policies and to educate on sexual orientation, and gender identity and expression • To collaborate with other organizations to advance shared policy and program goals assisting in coalition activities • To develop and manage a team of volunteers for the Georgia Equality Speaker’s bureau who are able to educate others on the importance of transgender issues and inclusion