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Inconsistent Legal Treatment of Unwanted Sexual Advances: a Study of the Homosexual Advance Defense, Street Harassment, and Sexual Harassment in the Workplace
Inconsistent Legal Treatment of Unwanted Sexual Advances: A Study of the Homosexual Advance Defense, Street Harassment, and Sexual Harassment in the Workplace Kavita B. Ramakrishnant ABSTRACT In this Article, I contend that unwanted sexual advances on men are treated differently under the law than are unwanted sexual advances on women. I com- pare the legal conceptualization and redress of two of the most common types of unwanted sexual advances faced by women-street harassment and sexual ha- rassment in the workplace-with the legal treatment of unwanted sexual ad- vances on men as seen through the homosexual advance defense. I argue that the law recognizes certain advances on men as inappropriate enough to deserve legal recognition in the form of mitigation of murder charges while factually indistin- guishable advances on women are not even considered severe enough to rise to the level of a legally cognizable claim. Unwanted sexual advances on men do not receive the same level of scruti- ny as unwanted sexual advances on women. First, unwanted advances on men are often conclusively presumed to be unwanted and worthy of legal recognition, whereas unwanted advances on women are more rigorously subjected to a host of procedural and doctrinal barriers. Further, while one nonviolent same-sex ad- vance on a man may be sufficient to demonstrate provocation, there is currently no legal remedy that adequately addresses a nonviolent same-sex advance on a woman. Thus, a woman may not receive legal recognition for experiencing the t J.D., UCLA School of Law, 2009. B.A. University of Pennsylvania, 2004. -
Homophobia and Transphobia Illumination Project Curriculum
Homophobia and Transphobia Illumination Project Curriculum Andrew S. Forshee, Ph.D., Early Education & Family Studies Portland Community College Portland, Oregon INTRODUCTION Homophobia and transphobia are complicated topics that touch on core identity issues. Most people tend to conflate sexual orientation with gender identity, thus confusing two social distinctions. Understanding the differences between these concepts provides an opportunity to build personal knowledge, enhance skills in allyship, and effect positive social change. GROUND RULES (1015 minutes) Materials: chart paper, markers, tape. Due to the nature of the topic area, it is essential to develop ground rules for each student to follow. Ask students to offer some rules for participation in the postperformance workshop (i.e., what would help them participate to their fullest). Attempt to obtain a group consensus before adopting them as the official “social contract” of the group. Useful guidelines include the following (Bonner Curriculum, 2009; Hardiman, Jackson, & Griffin, 2007): Respect each viewpoint, opinion, and experience. Use “I” statements – avoid speaking in generalities. The conversations in the class are confidential (do not share information outside of class). Set own boundaries for sharing. Share air time. Listen respectfully. No blaming or scapegoating. Focus on own learning. Reference to PCC Student Rights and Responsibilities: http://www.pcc.edu/about/policy/studentrights/studentrights.pdf DEFINING THE CONCEPTS (see Appendix A for specific exercise) An active “toolkit” of terminology helps support the ongoing dialogue, questioning, and understanding about issues of homophobia and transphobia. Clear definitions also provide a context and platform for discussion. Homophobia: a psychological term originally developed by Weinberg (1973) to define an irrational hatred, anxiety, and or fear of homosexuality. -
Gender Identity • Expression
In New York City, it’s illegal to discriminate on the basis of gender identity and gender expression in the workplace, in public spaces, and in housing. The NYC Commission on Human Rights is committed to ensuring that transgender and gender non-conforming New Yorkers are treated with dignity and respect and without threat of discrimination or harassment. This means individuals GENDER GENDER have the right to: • Work and live free from discrimination IDENTITY EXPRESSION and harassment due to their gender One's internal, External representations of gender as identity/expression. deeply-held sense expressed through, for example, one's EXPRESSION • Use the bathroom or locker room most of one’s gender name, pronouns, clothing, haircut, consistent with their gender identity as male, female, behavior, voice, or body characteristics. • and/or expression without being or something else Society identifies these as masculine required to show “proof” of gender. entirely. A transgender and feminine, although what is • Be addressed with their preferred person is someone considered masculine and feminine pronouns and name without being whose gender identity changes over time and varies by culture. required to show “proof” of gender. does not match Many transgender people align their • Follow dress codes and grooming the sex they were gender expression with their gender standards consistent with their assigned at birth. identity, rather than the sex they were gender identity/expression. assigned at birth. Courtesy 101: IDENTITY GENDER • If you don't know what pronouns to use, ask. Be polite and respectful; if you use the wrong pronoun, apologize and move on. • Respect the terminology a transgender person uses to describe their identity. -
Testimony-Of-Thomas-Ude-Mazzoni-Center.Pdf
LEGAL SERVICES Telephone: (215) 563-0657 Facsimile: (610) 200-5540 [email protected] June 28, 2021 By email to [email protected] Pennsylvania Senate Democratic Caucus Policy Committee Sen. Katie Muth, Policy Chairwoman Re PA Senate Democratic Caucus Policy Committee Hearing: Barriers in Pennsylvania for the Transgender Community Testimony of Thomas W. Ude, Jr., Esq., Mazzoni Center Dear Senators: Thank you for the opportunity to discuss barriers in Pennsylvania for members of the transgender community to legally change their name and gender. I am submitting this written testimony to supplement the comprehensive memorandum and testimony submitted by Dechert LLP from Mazzoni Center and several other organizations. Mazzoni Center is a Philadelphia nonprofit organization whose mission is provide quality comprehensive health and wellness services in an LGBTQ-focused environment, while preserving the dignity and improving the quality of life of the individuals we serve. Our services include comprehensive primary and preventive care and a range of other services specifically for transgender, gender non-binary and gender expansive individuals. I direct our legal services program, which provides direct legal services to, and advocacy on behalf of, low-income LGBTQ individuals in a range of areas. Each year, more than half of the requests for assistance we receive – hundreds each year – are from transgender, nonbinary, and gender-expansive people seeking help with the name change process, with changing gender- markers on identification, or both. Our resources limit our capacity to provide direct representation outside of Philadelphia, but individuals and attorneys contact us for information or assistance on these issues from all throughout Pennsylvania; in the past decade, we have been contacted for by people in 57 of Pennsylvania’s 67 counties. -
QTGNC Resistance, Neoliberalism, and Social Memory
Bio: Che Gossett is a graduate student in the History Department at the University of Pennsylvania, interested black, queer and transgender liberationist history as well as the politics of mourning, resistance and survival. My paper focuses on the memorialization of Stonewall through the 2009 “Rainbow Pilgrimage" campaign and the ways in which it serves to preserve and construct social memory. I am interested in the ways in which inclusion is mobilized as a technology of governance and domination, enclosing radical spaces and dreams into the fold of the state, while failing to address the needs of the communities out from which those acts of resistance and desires emerged. Finally, I plan to explore the affective responses to Stonewall and Compton's Café uprisings and how the monumentalization of sites of resistance coincides with teleological narratives in which queer insurrection and trauma are seen as vestiges of the past. A close reading of the Rainbow campaign’s description of the “event” of the Stonewall riots raises questions about the politics of memory and memorialization; the archive and history. In Archive Fever Derrida analyzes the violence of the archive, or “archival violence” that imposes a structuring law and order upon memory, domesticating and institutionalizing history, while also homogenizing and flattening its topography of difference and heterogeneity. It is thus, in this domiciliation, in this house arrest, that archives take place…In an archive, there should not be absolute dissociation, any heterogeneity or secret which could separate ( secernere) , or partition, in an absolute manner. The archontic principle of the archive is also a principle of consignation, that is, of gathering together. -
Knowledge and Attitudes Toward Trans Persons
KNOWLEDGE AND ATTITUDES TOWARD TRANS PERSONS HUMBOLDT STATE UNIVERSITY By Rachel E. Kooy A Thesis Presented to The Faculty of Humboldt State University In Partial Fulfillment Of the Requirements for the Degree Master of Arts In Counseling Psychology December, 2010 KNOWLEDGE AND ATTITUDES TOWARD TRANS PERSONS HUMBOLDT STATE UNIVERSITY By Rachel E. Kooy Approved by the Master’s Thesis Committee: Emily Sommerman, Psy.D., Major Professor Date Christopher Aberson, Ph.D., Committee Member Date Gregg Gold, Ph.D., Committee Member Date Emily Sommerman, Psy.D., Graduate Coordinator Date Jená Burges, Dean for Research and Graduate Studies Date ABSTRACT Knowledge and Attitudes Toward Trans Persons Rachel Kooy Beginning in the late 1980s, after Transsexualism was added to the DSM-III, research on issues relating to trans persons (a term that encompasses people who identify as transgendered, transsexual, or as any other significant form of deviation from gender norms) is still relatively new. However, over the past few decades researchers have found that trans persons are at a higher risk for abuse and alienation from the public, including physical and verbal victimization, as well as sexual assault (Clements-Nolle, Marx, & Katz, 2006; Lombardi, 2001; Denny, Green, & Cole, 2007). The current study aimed to measure attitudes towards trans persons and discover possible safeguards against transphobia and discrimination. Using 126 Humboldt State University students, the current study examined attitudes toward trans persons using the Transphobia Scale and Attitudes Toward Transsexualism National Survey. (Landén & Innala, 2000; Nagoshi, Adams, Terrell, Hill, Brzuzy, & Nagoshi, 2008). Unlike previous research using the Transphobia Scale, participants in the study were significantly less transphobic, and men and women did not differ in their levels of transphobia. -
LGBT Global Action Guide Possible
LGBT GLOBAL ACTION GUIDE UNITARIAN UNIVERSALIST UNITED NATIONS OFFICE 777 UN Plaza, Suite 7G, New York, NY 10017 USA thanks The Unitarian Universalist United Nations Office wishes to thank the Arcus Foundation for its support which has made the research, writing UU-UNO Staff: and production of this LGBT Global Action Guide possible. While the UU-UNO was very active on the LGBT front in 2008, it was the Arcus Bruce F. Knotts Foundation grant, which began in 2009, that made it possible to Executive Director greatly enhance our LGBT advocacy at the United Nations and to far more effectively engage Unitarian Universalists and our friends in the Celestine Cox Office Coordinator work to end the horrible oppression (both legal and extra-legal) which governments allow and/or promote against people because of their Holly Sarkissian sexual orientation and gender identity. Envoy Outreach Coordinator It is our hope that this guide will prepare you to combat the ignorance Marilyn Mehr that submits to hate and oppression against people not for what they Board President have done, but for who they are. All oppression based on identity (racial, gender, ethnic, sexual orientation, religion, etc.) must end. Many Authors: hands and minds went into the production of this guide. In addition to the Arcus Foundation support, I want to acknowledge the staff, board, Diana Sands interns and friends of the Unitarian Universalist United Nations Office who made this guide possible. I want to acknowledge the work done Geronimo Desumala by the UU-UNO LGBT Associate, Diana Sands, LGBT Fellow Geronimo Margaret Wolff Desumala, III, LGBT intern Margaret Wolff, UU-UNO Board President, Marilyn Mehr, Ph.D., there are many more who should be thanked; Contributors: people who work at the UU-UNO and those who work with us. -
ABC's of LGBTQ+
ABC’s of LGBTQ+ Back to Basics Presented By: Beck Gee-Cohen MA, LADC Educate | Support | Inspire www.theromeyncollective.com www.bgcbridge.com BGC Consulting Creating affirmative environments for LGBTQ+ people Staff Development Policy & Procedures Facility Assessment Program Consultation Educate | Support | Inspire www.theromeyncollective.com www.bgcbridge.com The Romeyn Collective Holistic approach to addressing clinical and educational needs in a continuum of care for adolescents, young adults, and families Post Secondary Support & Placement Case Coordination Therapeutic Placement Outreach Parent Skills Coaching Educate | Support | Inspire www.theromeyncollective.com www.bgcbridge.com Educate | Support | Inspire www.theromeyncollective.com www.bgcbridge.com Tolerance vs Acceptance vs Affirmative Tolerance: You can be here “as long as…” Acceptance: You can be here “even if…” Affirmative: You can be here “because you are…” Educate | Support | Inspire www.theromeyncollective.com www.bgcbridge.com Pieces of a Foundation Natal Sex Gender Identity Sexual Orientation Gender Expression Sexual Behavior Educate | Support | Inspire www.theromeyncollective.com www.bgcbridge.com Natal Sex The sex a person is assigned at birth Educate | Support | Inspire www.theromeyncollective.com www.bgcbridge.com Natal Sex Female Male Intersex Educate | Support | Inspire www.theromeyncollective.com www.bgcbridge.com Gender Identity An individuals internal sense of being male, female, both, neither, or something else. Since gender identity is internal, one’s gender -
The Role of the United Nations in Combatting Discrimination and Violence Against Lesbian, Gay, Bisexual, Transgender and Intersex People
The Role of the United Nations in Combatting Discrimination and Violence against Lesbian, Gay, Bisexual, Transgender and Intersex People A Programmatic Overview 19 June 2018 This paper provides a snapshot of the work of a number of United Nations entities in combatting discrimination and violence based on sexual orientation, gender identity, sex characteristics and related work in support of lesbian, gay, bisexual, transgender (LGBT) and intersex communities around the world. It has been prepared by the Office of the UN High Commissioner for Human Rights on the basis of inputs provided by relevant UN entities, and is not intended to be either exhaustive or detailed. Given the evolving nature of UN work in this field, it is likely to benefit from regular updating1. The final section, below, includes a Contact List of focal points in each UN entity, as well as links and references to documents, reports and other materials that can be consulted for further information. Click to jump to: Joint UN statement, OHCHR, UNDP, UNFPA, UNHCR, UNICEF, UN Women, ILO, UNESCO, WHO, the World Bank, IOM, UNAIDS (the Joint UN Programme on HIV/AIDS), UNRISD and Joint UN initiatives. Joint UN statement Joint UN statement on Ending violence and discrimination against lesbian, gay, bisexual, transgender and intersex people: o On 29 September 2015, 12 UN entities (ILO, OHCHR, UNAIDS Secretariat, UNDP, UNESCO, UNFPA, UNHCR, UNICEF, UNODC, UN Women, WFP and WHO) released an unprecedented joint statement calling for an end to violence and discrimination against lesbian, gay, bisexual, transgender and intersex people. o The statement is a powerful call to action to States and other stakeholders to do more to protect individuals from violence, torture and ill-treatment, repeal discriminatory laws and protect individuals from discrimination, and an expression of the commitment on the part of UN entities to support Member States to do so. -
LGBTQ+ Glossary of Terms
LGBTQ+ Glossary of Terms This glossary is offered as a starting point for discussion. Language is dynamic, continually growing and changing. This is particularly true with the language we use to identify ourselves. We should strive to ensure that our language does not demean, exclude or offend, by respectfully allowing others to self-identify and by mirroring those terms and identities. Ally: A person who does not identify with a group, but still advocates for that group's rights. Aromantic: In its broadest meaning, this umbrella term encompasses anyone who has a low or absent romantic attraction or interest in romantic activity. Sexual relationships may be desired. Asexual: In its broadest meaning, this umbrella term encompasses anyone who has a low or absent sexual attraction or interest in sexual activity. Intimate romantic/affectional relationships may be desired. Biphobia: Negative feelings, attitudes, actions, or behaviors against people who are, or are perceived to be, bisexual or pansexual. It may also be a fear of one's own bisexual or pansexual attractions. Bisexual: A person who is sexually and/or romantically attracted to men and women. Cisgender: Someone who is comfortable with the gender they were assigned at birth. The state of not being transgender. Cissexism: The systems of advantages bestowed on people who are cisgender. It can also be the assumption that all people are, or should be, cisgender. Crossdresser: A cisgender person who dresses in clothing deemed inappropriate by society for the gender assigned them at birth. The purpose is usually emotional comfort or erotic fulfillment. Drag King & Drag Queen: A person who cross-dresses as a means of performance or entertainment. -
LGBT/Two Spirit Definitions Lesbian Is a Woman Whose Enduring Physical, Romantic, Emotional And/Or Spiritual Attraction Is to Other Women
12/12/2012 Mending the Rainbow: Working with the Native LGBT/Two Spirit Community Presented By: Elton Naswood, CBA Specialist National Native American AIDS Prevention Center Mattee Jim, Supervisor HIV Prevention Programs First Nations Community HealthSource LGBT/Two Spirit Definitions Lesbian is a woman whose enduring physical, romantic, emotional and/or spiritual attraction is to other women. Gay is a man whose enduring physical, romantic, emotional and/or spiritual attraction is to other men Bisexual is an individual who is physically, romantically, emotionally and/or spiritually attracted to men and women. Transgender is a term for people whose gender identity and/or gender expression differs form the sex they were assigned at birth. Two Spirit is a contemporary term used to identify Native American Lesbian, Gay, Bisexual, and some Transgender individuals with traditional and cultural understandings of gender roles and identity. 13th National Indian Nations Conference ~ Dec 2012 1 12/12/2012 Two Spirit – Native GLBT Two Spirit term refers to Native American/Alaskan Native Lesbian, Gay, Bisexual, Transgender (LGBT) individuals A contemporary term used to identify Native American Lesbian, Gay, Bisexual, Transgender individuals with traditional and cultural understandings of gender roles and identity. Encompassing term used is “Two Spirit” adopted in 1990 at the 3rd International Native Gay & Lesbian Gathering in Winnipeg, Canada. Term is from the Anishinabe language meaning to have both female and male spirits within one person. Has a different meaning in different communities. The term is used in rural and urban communities to describe the re- claiming of their traditional identity and roles. The term refer to culturally prescribed spiritual and social roles; however, the term is not applicable to all tribes Two Spirit – Native LGBT . -
Queer Censorship in US LGBTQ+ Movements Since World War II
History in the Making Volume 13 Article 6 January 2020 A Different Kind of Closet: Queer Censorship in U.S. LGBTQ+ Movements since World War II James Martin CSUSB Follow this and additional works at: https://scholarworks.lib.csusb.edu/history-in-the-making Part of the Lesbian, Gay, Bisexual, and Transgender Studies Commons Recommended Citation Martin, James (2020) "A Different Kind of Closet: Queer Censorship in U.S. LGBTQ+ Movements since World War II," History in the Making: Vol. 13 , Article 6. Available at: https://scholarworks.lib.csusb.edu/history-in-the-making/vol13/iss1/6 This Article is brought to you for free and open access by the History at CSUSB ScholarWorks. It has been accepted for inclusion in History in the Making by an authorized editor of CSUSB ScholarWorks. For more information, please contact [email protected]. A Different Kind of Closet: Queer Censorship in U.S. LGBTQ+ Movements since World War II By James Martin Abstract: Since World War II, there has been an increased visibility of LGBTQ+ communities in the United States; however, this visibility has noticeably focused on “types” of queer people – mainly white, middle class, cisgender gays and lesbians. History remembers the 1969 Stonewall Inn riots as the catalyst that launched the movement for gay rights and brought forth a new fight for civil and social justice. This paper analyzes the restrictions, within LGBTQ+ communities, that have been placed on transpersons and gender nonconforming people before and after Stonewall. While the riots at the Stonewall Inn were demonstrative of a fight ready to be fought, there were many factors that contributed to the push for gay rights.