Victory! New York City Adopts Policy Ensuring Transgender People Equal Access to Marriage Licenses

We are happy to announce that the city of New York has adopted a new policy designed to ensure that transgender people have equal access to marriage licenses. The policy was adopted as part of an agreement to resolve threatened legal action involving a transgender couple. The couple wishes to remain private and we refer to them as Jane and John.

Jane and John are both transgender. They are an opposite-sex couple who have been in a relationship for over a decade. In Dec. 2009, they attempted to marry in the Bronx. They fulfilled all of the requirements for receiving a marriage license in New York City and presented their government-issued photo identification – the only identification required by the City Clerk’s office. Rather than issuing the marriage license, the City Clerk refused and instead demanded that Jane and John produce their birth certificates before they could be married – something not required of other marriage license applicants.

Under the terms of the new policy, issued on Feb. 7, 2011, once a marriage license applicant produces the required photo ID, the City Clerk may not request additional proof of sex. Moreover, City Clerk employees are forbidden from considering the applicant’s appearance or preconceived notions related to gender expression when deciding whether to issue a marriage license.

“Transgender people are challenged all the time about their status as men and women,” said TLDEF executive director Michael Silverman. “Our clients are legally entitled to marry and were denied that right just because they are transgender. We applaud the City Clerk’s office for adopting this policy and for taking steps to ensure that this does not happen again.”

In addition to the adoption of the new policy, the agreement to resolve the couple’s claims calls for the City Clerk to apologize to Jane and John, to institute training for all City Clerk employees on issues relating to gender identity and gender expression, and to ensure that Jane and John are free to marry at a time and place of their choosing.

In addition to TLDEF, the legal team on this matter included Carmine Boccuzzi, David Brown and Nathan Horst of Cleary Gottlieb Steen & Hamilton LLP. We are grateful for their assistance.

Thank you for your support of our work. We will continue to update you on this and other case developments.

Courtesy of Transgender Legal Defense & Education Fund

A small victory for Pakistan’s transgenders

Mark Magnier, LA Times

Published 03/03/2010

Reporting from Rawalpindi, Pakistan — Wearing a red knit bonnet, matching lipstick and a shawl over her large shoulders and muscular forearms, Nanni gently sought to clear up some confusion as the call to prayer sounded from a nearby mosque.

“I’m a ’she-male,’ ” said Nanni, a kind of den mother for a dozen or so fellow hijra, or transgender people, in a rundown neighborhood of Rawalpindi. “We all are.”

Sharing two small rooms halfway along a dark dirt alley and up a steep flight of steps, Nanni’s family is one made, not born: a community of outcasts forced together after their families abandoned them, their indeterminate sex unnerving this patriarchal society — especially the ascendant Pakistani Taliban.

“We are God’s creatures,” Nanni said. “Even if many people don’t accept us, we feel the same here in the den as if we are of the same blood. We do everything to take care of one another.”

Dominating one room was a rough-hewn double bed that the dozen or so hijra, some more than 6 feet tall, use in shifts. The walls were covered with pictures of hijra beauties of the Mughal era that ended more than a century ago, a time when transgender people were not only accepted but also enjoyed significant power and prestige.

Asked whether the hijra family members were all congenital eunuchs and hermaphrodites, Nanni, 35, insisted that they were all born that way. To prove the point, she ordered Akri, a hermaphrodite whose broad face was softened by mascara and a scarf, to drop her traditional outfit and show her private parts.

Hijra have long been stigmatized and subject to discrimination and abuse in the Islamic Republic of Pakistan, with its rigorously defined roles for men and women. But in a landmark decision in December, the Supreme Court ordered that they be protected from police harassment, be eligible for a separate gender category on ID cards and be recognized under inheritance laws.

“We need proper rights,” said Noor, a 21-year-old member of Nanni’s household. “No one listens to our concerns.”

Although nascent legal status is a first step, social acceptance is likely to take far longer. Noor and the others said police officers and residents often beat, harass, rob and sexually abuse them.

“You get used to it,” said Nanni, who as the guru, or head of the hijra family, is combination parent, boss and enforcer. “It only shows how stupid their mentality is.”

Continue reading…

Youth Group Meeting

Come to the Youth Group Meeting!
Date: Saturday March 20th
Time: 4-6pm
Place: LGBT Center 208 W 13th Street

It’ll be lots of fun and you can meet cool new people.
Ages 24 & younger.

SALGA Youth Group is a safe, confidential place for queer South Asians between the ages of thirteen and twenty-four to discuss issues facing our community. Whether you need support coming out, or have questions about your legal rights as queer youth, or are just trying to connect with fellow South Asians, this is the space for you! Depending on what members want, the group can provide social events, community outings, discussions, and participation in political events.

SALGA NYC Youth is the youth branch of SALGA NYC, a volunteer organization which serves the needs the South Asian queer community both politically and socially in New York City.

Saturday 3/13 - SALGA Monthly Support Group Meeting

Join us on Saturday 3/13 for our monthly support group meeting.

Date: Saturday, March 13th, 2010
Time: 4pm - 6pm

Meeting location:
LGBT Center

Meeting Topic:
Healthcare

This meeting space is available for people who trace their descent from countries such as Afghanistan, Bangladesh, Bhutan, Burma, India, Nepal, Pakistan, Sri Lanka and Tibet as well as people of South Asian descent from other regions, including but not limited to the West Indies, Africa, Southeast Asia, Canada and the U.K.

The objective of the meeting is to provide a safe space for people where they can freely discuss and share aspects of their experiences as gay, lesbian, bisexual, transgender and questioning individuals.

Facilitators guide the meeting which provides the opportunity for open dialogue about issues important to the participants. Individuals decide on their own level of involvement.

It is the hope of SALGA that you feel welcome in this gathering and be able meet and make friends with people who can better understand, share and empathize with you.

Visit www.gaycenter.org for directions to the Gay and Lesbian Community Center.

“GENDA” Passes Assembly

ALBANY - The bill to protect transgender people under the State Human Rights Law was approved by the Assembly today by a vote of 91-40, with bi-partisan support.  The Gender Expression Non-Discrimination Act (GENDA) is now in the State Senate Investigations and Government Operations Committee.  If it passes the Senate, Governor David Paterson has said he will sign it into law.

“This is an important and overdue protection of human rights,” said Assembly Member Richard N. Gottfried, sponsor of bill, A.5710-A.  “The experience of transgender individuals, and the discrimination they face, are unique, and should be specifically identified and unambiguously rejected in our State’s civil rights laws, just like discrimination based on age, sex, sexual orientation, religion, race, disability, or ethnicity.”

The transgender community is not protected under current state law.

“By eliminating the fear of losing their jobs, homes, and fair treatment in communities across the state, we can make certain that every New Yorker receives equal opportunities regardless of gender identity,” said Gottfried.

Albany, Buffalo, Ithaca, New York City, and Rochester, and the counties of Suffolk and Tompkins have already enacted local GENDA laws.  Thirteen states, Washington, D.C., and over 90 other localities across the country have passed transgender-inclusive civil rights legislation.  Over 150 Fortune 500 companies, including 26 located in New York State, have policies in place to protect their transgender workers.

link: http://www.empirestatenews.net/News/20100303-3.html