.

.
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Stiletto Since our founding in 2004, it has been a

December 2012
Transitions at TGI central goal of TGI Justice to be led by
members from our base—transgender
Volume 6, Issue 1
Justice women of color who have been impacted by
prisons and police. Today we are walking that
Letter from Beck Witt, Program
Inside this Issue Director
walk and it is with incredible joy, excitement,
and confidence that I announce TGI Justice’s
newest staff members—women that have

1
Transitions at TGI Justice been participants and leaders in the
organization for the past 4-8 years.
Janetta Louise Johnson, Program

2
Editor’s Note / Miss TGI
Coordinator
Member Leadership Development,
Prisoner Support, and the Formerly
Stiletto Submissions Incarcerated and Convicted People's
Movement

Grace’s Story
Dear Friends and Supporters,

4
Suggestion Box I am writing to you with the news that
after 6 months of planning, I will be
transitioning out of Transgender,
Empowerment Retreat Gender Variant & Intersex Justice
2012 Project on August 10th. TGI Justice,
(and it’s precursor—the Trans and
gender variant In Prison (TIP)

5
From The Inside Committee) has been my political home
Janetta Louise Johnson is an Afro-
and chosen family for almost 9 years. I
American Transsexual from Tampa,
could never put into words all that I
Florida. She moved to San Francisco in

6
Q&A have learned and grown in my time with
1997, where she has worked in various
the organization and am grateful to you
capacities at non-profits and social
all—our members in and out of prison,
service agencies. She recently survived
partners at allied organizations,

7
Transgender Community 3 years in federal prison and is
supporters of TGI Justice, current and
News committed to developing strategies and
past staff members—for all that you’ve
interventions to reduce the recidivism
taught me. While I will miss being a
rate of the transgender community.

8
Team and Program part of the everyday goings-on of the
Updates
Janetta has been involved with TGI
organization, I trust that the profound
Justice since 2006. She served as
personal relationships that I’ve
Interim Organizing Director in
cultivated during my time here will
10
San Francisco Resources November/December ‘08, planned
continue after I transition out. I am
vibrant grassroots fundraisers, and later
excited to learn some new skills and
put her skills as a community organizer,
embark on new adventures and am
trainer, and activist to use inside as she
deeply thrilled to be able to pass on the
fiercely and tirelessly advocated for her
torch.
rights as a transgender person in jail and
prison.

. . . . . . . . . . . . . . . . . . . . . . .

Melenie Mahinamalamalama
Eleneke, Program Coordinator
Empowerment Retreats, Prisoner
Support, Stiletto prison newsletter,
Leadership Team, and the Formerly
Incarcerated and Convicted People's
Movement
Melenie is a Native Hawaiian
Mahuwahine and has been working with
TGIJP since 2004 and as a member of
the Leadership Team since 2007. She’s
been the editor of our prison newsletter,
Stiletto, since 2008 and served as
Director of Development &
Administration from 2008-2009. In
2008, Melenie served on behalf of TGI
Justice as a delegate speaking about the
multiple layers of cultural
discrimination to the United Nations
Committee on the CERD (Convention
on the Elimination of all forms of Racial
Discrimination) at the United Nations in
Geneva, Switzerland.
TGI Justice’s exciting staff team will be
implementing our 2012-2013 programs.
Some program highlights include:
• Empowerment retreats for trans
people who are coming home from
prison
• Stiletto prison newsletters
• Updated resources and self-advocacy
tools for people inside through our
prison mail program
• Political education—trainings,
speeches, and workshops
• Involvement in the Formerly
Incarcerated and Convicted People’s
Movement.
Together with our Executive Director, Miss
Major and our Administrative Director,
StormMiguel Florez, I believe we’re
watching history in the making with this
unstoppable team.
. . . . . . . . . . . . . . . . . . . . . . . .
Editor’s Note
Melenie M. Eleneke, LT Member &
Program Coordinator
Aloha!
It seems like we’re always in transition
but the important thing is that we’re still
here for the long haul with our new
“Glamour Gurls” team.
We want to wish you a safe holiday
season and pray that you continue in
your efforts to STAY STRONG!
On the heels of a successful retreat for
your sisters who were formerly
incarcerated, we all wish to express to
you our undying support, as you will
see in upcoming pages of this edition of
Stiletto.
Know that we are always here for you
and continue to work on your behalf in
solidarity and community.
Mahalo . . . Melenie
Miss TGI
Miss Major, Executive Director
Dear TG and non-conforming folks,
Well here we go with the next
newsletter for TGIJP. There is more
information about our community
around the globe and in the USA. If
there are any suggestions you may have
about us and our objectives please send
them. We will take all into
consideration to have us be of benefit to
you.
Also send any questions, comments or
concerns to :
Miss TGI, 342-9th Street, Suite 202B,
San Francisco, CA 94103
If you have an article or poem send it
and we will try to get it in the newsletter
so others can see and feel what your
Stiletto
have written. Till our next time, hang in
there, hold on.
My best & love to you all,
Miss Major
xoxoxoxoxo
Stiletto Submissions
Thank you for all of your submissions.
We are working on including these
submissions in the next issue of Stiletto.
Please note that if you would like us to
include your submission in Stiletto, we
will need you to sign the enclosed
release of information along with your
submission.
If you lose the release form, please feel
free to call us from 11am to 4pm
Monday through Thursday and we’ll be
happy to send it to you.
Grace’s Story
Grace is an active member of TGIJP
and does speaking engagements on
human rights of and immigration
issues faced by transgender women on
behalf of TGIJP.
Transgender immigrant
detainees face isolation in
detention
By Nancy Lopez
The issue of prison rape is often
belittled by standup comedians, but it’s
really no laughing matter – especially if
you’re a transgender woman locked up
2

in an all-male facility. Grace Lawrence,
43, is a transgender woman from
Liberia who was in the custody of
Immigration and Customs Enforcement,
or ICE, for nearly three years. For all
but six months, she was kept in solitary
confinement for 23 hours a day. Often,
transgender inmates are placed in
protective custody – also known as
solitary confinement – for their own
protection. “It was hard. But that’s just
me, but the same thing was happening
to other transgenders that was around
me,” says Lawrence. Transgender
women are up to 13 times more likely to
be sexually assaulted while
incarcerated, according to transgender
rights groups. The government decided
to start gathering data on the issue with
the passage of the Prison Rape
Elimination Act in 2003. This year it
was updated to include specific
measures to protect transgender, lesbian
and gay inmates from abuse. One
measure in particular now limits the use
of solitary confinement as the only way
to protect transgender inmates. This is
in response to advocates saying that the
practice isolates individuals and is
inhumane. But this and all other
protections of the new Act do not
extend to immigrants in ICE custody
who are held in detention centers or
county jails, like Grace Lawrence. This
is why lawyers and advocates argue that
continuing to keep immigrant
transgender detainees in solitary
confinement actually creates barriers for
them, including limiting their access to
legal help.
The road to detention
Grace Lawrence was born Wellington
Felix Lawrence in Monrovia, Liberia.
“I'm the oldest of seven children and I
had to live a double life and I couldn't
speak about me being a trans-woman
not even to my mother or my best friend
because I knew the penalty would be
death,” says Lawrence. In Liberia
homosexuality is not legally punishable
by death, but Lawrence was still fearful.
Sodomy is considered a first-degree
misdemeanor and carries a year-long
prison sentence. Liberia’s
predominantly Christian population is
pushing for even tougher legislation that
. . . . . . . . . . . . . . . . . . . . . . . .
would make being gay or transgender
illegal.
Growing up, Lawrence kept quiet and
played the role of the eldest son. In her
teens, her family moved to the U.S. and
settled in Minnesota. Eventually, she
got married to a woman and she had
two children. It was in her 30s when she
realized she could not continue living as
a man. “I told my mom that I wasn't
only gay but I think that I was a woman
and they said I was crazy and that they
didn't want to have nothing to do with
me. So I was kicked out of the family.
So I came to San Francisco and tried to
forget my former life,” says Lawrence.
Lawrence is built like a football player –
she is muscular and over 6 feet tall. She
has breasts, loves to wear neon green,
and has her nails done. She was 37
years old when she first arrived to San
Francisco and began her transition from
male to female. As an undocumented
immigrant who was now transgender,
Lawrence felt she had few options for
making a living, especially considering
the high costs of transitioning. She
quickly got caught up in drug dealing
and using. Lawrence also depended on
prostitution to get by and could only
afford to live in a hotel room. “And if
you don’t have rent by 6 in the evening
the hotel manager will double lock the
doors,” says Lawrence. In late 2006,
police arrested Lawrence for possession
of crack cocaine. Drug possession and
prostitution are deportable crimes for
immigrants like Lawrence, so after she
served her two-month sentence, she was
turned over to ICE.
Stiletto
Locked up and shut off
While awaiting deportation in Santa
Clara County jail, Lawrence was
immediately placed in solitary
confinement for her protection. That is
the general policy for transgender
detainees because they are more likely
to be assaulted. She was let out for one
hour each day, and she says that hour
went by fast.
Lawrence says that if she was lucky, she
would be let out before 5 pm so she
could contact her lawyer. But more
often than not, she says she was let out
at night, after business hours. Lawrence
says that when she got back to her cell,
she’d spend her time writing letters,
frantically asking for help. “I would
write letters to my friends, to my
lawyer. I would even write letters to the
judge screaming, please don’t deport
me, this is what will happen …
Anybody who I could write I would
write. So I’d rather die than going over
to Liberia having kerosene or gasoline
wasted on me and being burned alive.
They do those things. I’ve seen it
happen to gay people,” says Lawrence.
We couldn’t find reports corroborating
Lawrence’s claims, but Liberia’s current
president, Nobel Peace Prize winner
Ellen Johnson Sirleaf, recently defended
the country’s current policies, which in
essence make being lesbian, gay or
transgender a criminal act. This is why
Grace Lawrence says she was so afraid
of returning to Liberia. She asked her
lawyer to help her seek asylum here in
the U.S. – but would communicate
mostly in writing. “It's harder to
prepare a case for someone who is
spending 23 hours of the day in
administrative segregation. It's harder
for them to get out and call me. It's
harder for them to get out and call
whatever legal advocate might be
helping them,” says Cara Jobson, a
lawyer in San Francisco who has
handled hundreds of cases involving
immigrant LGBT detainees. Jobson
says cases like Lawrence’s drag on
longer because of their limited access.
Jobson said that many of her
transgender clients end up agreeing to
3
 Suggestion Box
Send in your suggestions and stay tuned for upcoming details on this Stiletto
newsletter section!
leave the country voluntarily. “Which
they accepted without fighting because
the conditions were so bad in jail and
because they had no access to
information about asylum. And we see a
lot of times people don’t get their
hormones. It’s very depressing. It’s very
physically traumatic for them. It’s
emotionally traumatic,” says Jobson.
Lawyers say the negative treatment
transgender detainees receive is difficult
to control from the outside, especially in
the Bay Area where there are no federal
immigration detention centers.
Detainees are farmed out to county jails
such as Yuba,
Sacramento and
Contra Costa, and
each facility
operates at its own
discretion.
Lawrence says that
as a transgender
woman in an all-
male facility, it was
difficult to go
unnoticed. “So we
were called names
you know, ‘faggots,’ you know, ‘sissy,’
you know, different names. They call
me ‘sexual issues’ – that mean we're
tranny … When we was taking showers
for those of us who have breasts they
would look at us and comment about it
and stuff like that,” says Lawrence. The
Department of Homeland Security
declined to be interviewed, stating that
the agency does not offer comments on
specific allegations. But DHS did
provide this statement: “ICE has a strict
zero tolerance policy for any kind of
abusive or inappropriate behavior in its
facilities and takes any allegations of
such mistreatment very seriously.”
Mental breakdown
Lawrence suffered a mental breakdown
during her three years in detention. The
first time an immigration judge ordered
her to be deported, she attempted
suicide. “Because I know there was no
. . . . . . . . . . . . . . . . . . . . . . . .
life for me in Liberia if I was deported. I
said goodbye to my two children, you
know, in my heart. I was mad at my
family. I was mad at the world. I felt
useless, worthless, unwanted. I had
nothing left. I have no family member
here in California and so it was the end,
it was the end for Grace Lawrence. So I
took my sheets, the bed sheets and rip
it,” says Lawrence. But a guard arrived
just in time to stop her. Lawrence spent
the next six months in the psychiatric
ward of an immigration hospital in San
Diego. She was prescribed medication
and would attempt suicide again when
faced with another
possibility of
deportation a year
or so later. Just
when Lawrence
had lost all hope,
she got some good
news. In late 2009
she was called to
appear in court.
She remembers the
Judge’s exact
words. “This case
is dismissed. I wish you luck Ms.
Lawrence, and that’s what the judge
said. When I went back in the holding
cell and then I was on my way back to
Santa Clara, shackles as usual, but this
time I was so happy, I was so happy
because I knew that when the
paperwork go through I would be
coming downtown to San Francisco and
they would release me,” says Lawrence.
Lawrence’s lawyer, Cara Jobson, had
proven that if Lawrence were deported
to Liberia, she would be tortured and
killed for being transgender. She was
granted asylum under the United States
Convention Against Torture – one of
the more difficult types of asylum cases
to win. “Most people who live it and go
through it the majority of them are
deported and never make it back like me
to be able to tell the story of what goes
on in there,” says Lawrence. Lawrence
now has a driver’s license and a work
permit. She volunteers with the TGI
Stiletto
Justice Project in San Francisco, where
she provides guidance to other
transgender immigrant women. There
may be hope for those who are still in
detention. President Obama has directed
the Department of Homeland Security
to draft its own standards for protecting
LGBT immigrant detainees from
physical and sexual abuse. This would
include alternatives to the use of solitary
confinement. DHS has until mid-
September to comply.
Empowerment
Retreat 2012
“Sistahs DoingIt 4 Ourselves”, October
11-15, 2012, Concord, CA
What a fantastic journey!
Girls traveled from all over California
to join TGIJP on it’s 1st semiannual
empowerment retreat, “Sistahs DoinIt 4
Ourselves”, since Beck left and the
Glamour Gurls team (Janetta and
Melenie) transitioned in and assumed
the shared responsibilities of Beck’s
position as Program Director.
Attending workshops on human rights,
basic advocacy, trans services offered
through San Francisco’s Department of
Public Health, trans spirituality,
transformative healing, and Stiletto
newsletter, the girls were encouraged &
empowered.
As Editor of Stiletto, within my Stiletto
workshop, I was able to share with and
entrust to the girls, my personally sacred
Native Hawaiian cultural and spiritual
beliefs, and transformative healing
traditions. The sharing and cycling of
spiritual power plays an integral role in
any cultural healing process.
Giving a lei or as is the case for the
purposes of my workshop, a corsage, or
any fresh adornment is a common
symbol of love, friendship, celebration,
honor, or greeting. The custom of
giving these leis or adornments was
introduced to Hawaii from the various
surrounding Polynesian islands. In
4

ancient Hawaii, wearing a lei or other
adornments represented wealth, royalty,
and rank. Leis were also heavily
associated with hula, religion and
geography.
Spiritual energy is in everything living
and non-living and cycles constantly
throughout the universe. Therefore, the
making, giving, and receiving of these
adornments provide a flow of spiritual
energy that progresses in intensity
throughout the entire process and the
cycle continues and repeats itself.
So, my nephew made the corsages with
his spiritual energy, gave the corsages to
me to share in my spiritual energy, I
gave it to the girls in pairs to affix to
each other’s wrist and to share in their
spiritual energy, and after, we all
formed a circle placing all of our
adorned hands into the inner circle to
share the spiritual energy with you.
Bonding together in & through our
flowing circle of spiritual energy &
power to sough & reap the positive
benefits of closing the retreat in a
spiritually uplifting & healing way for
each and every one of us & as a
cohesive collective of "Sistahs DoingIt
4 Ourselves”, we wish to share with you
our feelings of empowerment and
support:
Carla, Miss Gay SF 2012-13
Your power has never had to play a
role in any situation. If you lose your
power, then you really will be lost.
Don’t let anyone make you lose your
power! You are not alone. If you feel
alone and you don’t let me know; how
will I know? I am here for you . . .
Carla mgsf12carlagay@yahoo.com
. . . . . . . . . . . . . . . . . . . . . . . .
Valerie
Don’t give up; don’t even lose hope.
There is a good life for people like us
and you’re an inspiration.
Angel
Please don’t give up because there’s
someone that hasn’t given up on you
and loves you and knows your pain and
struggles. Please keep in prayer as I’m
praying for you. I’ve been there and I
am with you in spirit and I believe in
you.
Grace Lawrence
I know what you all are going
through. Did five years in prison. Now
life is great outside, but I never forget
the inside.
Gail
Remember, God loves you and never
lose faith and never give up on your
dreams because anything is possible.
Billie
Today is the first day of the rest of
my life. No matter what, don’t give up
or give in.
Alejandra
When everything and everyone turns
their backs on you, remember that, at
the end of the road, there will always be
help for you.
Miss Will
God is the only power in your life so
you are perfect, whole, and complete.
Ms. Jasmine
Dear sisters and brothers, I wish you
well. Just finished attending and
participating in a transgender
empowerment retreat/conference. We
send positive and supportive words and
thoughts to you. I, personally, feel a
small part of your isolation from the
outside. I spent a few months in
juvenile hall for petty theft. God bless
you and, someday, hopefully you may
be released and able to transition back
into society and life. You have my
support.
Stiletto
Nicole Witt
Never lose faith! We’re growing in
numbers and in strength. We’ll be here
when you need us.
Trisha
Be empowered. This weekend at the
retreat it was empowering and spiritual.
Loving with one another, caring and
loving together, we can be strong.
Katheryne Stripling
Do it for yourself ‘cause nobody else
will! F*** the world! I am who I am,
I’m gonna be who I’m gonna be, and
you should be who you are and who
you’re gonna be.
Patti
You are beautiful and I love you!
From the Inside
The following stories are a glimpse
from the inside and is shared to give
you support in your daily struggles.
La Bella Donna
By Bella Donna L.
So many things are going on in regards to
transgender prisoners these days. I have been
very busy benefiting from these changes and
am now six months into my treatment
transition.
I was pleasantly surprised by the new PREA
(Prison Rape Elimination Act of 2003)
standards and I hope to report on how it is
actually implemented at the federal level.
We have the Lexis Nexis legal computer
library in the federal BOP and I am very up to
date on the case law related to GID (Gender
Identity Disorder) and that is looking good,
too.
There is still a lot of work left to do especially
in regards to gender-affirming surgery,
electrolysis, laser hair removal, clothing,
cosmetics, housing, etc. But, the most
important first step is to get the GID diagnosis
and move forward from there. I will be at
appoint early next year where I will meet the
requirements for surgery under the newer
standards of care, WPATH (World
Professional Association for Transgender
5
 Q&A
Send in your questions and stay tuned for our answers and upcoming details on
this Stiletto newsletter section!
Health) 7th version, and will most certainly
ask for surgery as well as laser hair removal
or electrolysis and improved real-life therapy
prior to a transfer to a women’s prison.
I expect to be transferred in the next month or
two but will be sure to let TGI Justice Project
know my new address. Any mail sent here
will be forwarded for about 30 days or so.
So, there should be no problem keeping in
touch.
Some things worry me like the upcoming
elections and the affect of any change in the
administration. I do really hope that things
stay the same, or at least don’t get rolled back.
Most of the case law stuff won’t change, but
policy and rules can.
I will also try and send you all some more
information that may be of assistance to
persons seeking treatment within the federal
system for GID.
At this point, everything is so new that it’s
proceeding on a very much trial and error
process. Also, there are some personal
privacy issues that need to be addressed. I
can say this though, most of the current
treatment regimens or protocols are based on
work done by Dr. Anne Lawrence (SEE:
www.annelawrence.com/regimens.html) and
Dr. Carl Bushong (SEE:
www.transgendercare.com/medical/resources
/tmf_program/default.asp) as well as the
WPATH standards of care.
The memos mentioned in TGI Justice
Project’s “Still We Rise” are significant and I
am seeking some clarification of the assorted
terms used such as “the treatment plan” may
include elements or services that were or were
not provided prior to incarceration, including,
but not limited to: those elements of the real
life experience consistent with the prison
environment, hormone therapy, and
counseling.
I won’t have an answer to the “real life
experience” part till I get transferred
from the medical place I am at to the
regular prison I am being sent to; and
then, only after a lot of back and forth
with the prison administrators as to
. . . . . . . . . . . . . . . . . . . . . . . .
what is consistent with the prison
environment.
My position will be, if female prisoners
can have it, I need to be able to get it, or
else send me to a women’s prison for
my “real life experience”, pre-surgery.
In the meantime, I have to earn a living
and continue on with my other legal
struggles and try and stay in good
health.
To Bra or Not to Bra
By Skylar D
Look for this story in our Spring 2013
issue of Stiletto.
My Cup Runneth Over
By “Tsunami” Caryl-Averlyn
I can clearly remember when they first
began. So many weeks had gone by
with absolutely nothing . . . zilch, no
activity. Everyday I stood topless
before the mirror . . . waiting,
anticipating, expecting I guess the
overnight miracle. It brought to mind
the old ketchup commercial of the kid
waiting so patiently to coat his beloved
hamburger with the flavoring of his
choice.
And so it was about 2a.m., rousing me
from a deep sleep . . . First like a sharp
little pain, then a constant tingling
sensation in both nipples. Wait, wasn’t
this what my girlfriends had told me to
expect, some “nipple discomfort” first?
As the thought and realization of what
was happening to me came to mind, I
sprang from my bed to my vanity
Stiletto
mirror, nearly tearing my camisole open
to see my chest. Turning my vanity
lights as high as they would go . . . yes!!
Without a doubt, my areolae were now
nearly twice the size they used to be . . .
(when was that, just yesterday?). And
oh yes, there was certainly some
growth, not much, and probably not
anything anyone else would notice, but I
sure did, yes!! They were finally
starting to come in. Over the next 6-8
months, I was acting like what I thought
a young girl who reaches puberty must
go through. And yes, they just kept
growing. God did they grow. I
marveled at the graduating process; A-
cup, B-cup, and finally, a year later, I
had tapered off at a nice rounded 36C.
Other things had happened to a lesser
degree, but they were most welcomed
too; I had developed hips and buttocks,
loss of body hair, higher pitched voice,
etc. Even emotionally, I felt more . . .
well feminine. But the greatest thing
was having them. I remember the first
summer I took them out in a tube top
halter. Yes!! I remember the first time
a guy who was riding by as I strolled
slowed down and hollered out of his car
window “nice rack”. I swear it’s a good
thing I was tucked, cause his small
compliment aroused me and nearly
threw me off step in my stilettos.
Oh, and I remember all the nights and
days, in front of the mirror, topless . . .
lifting them, tweaking them, massaging
them, pinching them. Aren’t they just
grand? I remember answering my
girlfriend’s dare, and flashing them to
truckers and other drivers, as we rode
from Washington DC to Philly one
weekend (and back).
I remember the first time a lover f****d
them (what a great new sensation that
was). I remember when they finally got
big enough for me to suck them myself
(that was addictive). I remember going
topless on the beach and showing off
the passion marks that were put on them
the night before. I remember the first
surgical augmentation. In fact, the only
thing I can’t remember is what it was
like not to have them.
6

I love the weight of them; the way they
jiggle or move just so. I love the
attention they command and the
constant reminder that I am wo-man.
Indeed, my cup runneth over!
Transgender
Community News
Katheryne Stripling, Member
Hello!
I hope you enjoy reading my column’s
news offerings in this edition of Stiletto.
The following are a list of transgender
law developments. Please let me know
any specific TG news you’d like to read
and I’ll research it for you.
Thanks, Katheryne
Bilerico, USA
Third Annual Trans Law Institute, and
the Fifty Top Trans Law Developments
Filed By Dr. Jillian T. Weiss | August
29, 2012 3:30 PM
The National LGBT Bar Association
again hosted the Transgender Law
Institute on Thursday, August 23, 2012,
our third annual. We had about 70
people in attendance. It was wonderful
to see old friends again, and make new
ones. It felt like community.
We started the day with my annual
"Fifty Top Developments in Trans
Law" talk. It is amazing how many
things happen in a year. The list is after
the jump.
Our keynote speaker was Diana K.
Flynn, Chief of the Appellate Section
of the Civil Rights Division of the
. . . . . . . . . . . . . . . . . . . . . . . .
United States Department of Justice
since October 1986. In this capacity, she
is responsible for the direction and
management of the Division's litigation
program in the United States Courts of
Appeals and, under supervision of the
Solicitor General, in the Supreme Court.
Prior to her appointment as Appellate
Chief, Ms. Flynn served in the Division
as counsel to the Assistant Attorney
General and as an appellate attorney.
Before that, she spent several years
engaged in the private practice of law.
She is a 1979 graduate of Yale Law
School and a 1976 summa cum laude
graduate of the University of Rochester.
She is incredibly insightful about civil
rights litigation, and told her personal
story about transitioning on the job
there several years ago during the
previous administration. She is a
community treasure.
We also had a panel "Beyond Bullying:
Trans Youth and Education?”, with
panelists Joseph Wardenski (U.S. DOJ,
Civil Rights Division) Sharon
McGowan (U.S. DOJ, Civil Rights
Division, Appellate Section), Elizabeth
Gill (ACLU of Northern California) and
Asaf Orr (California attorney who
represents parents and kids in
educational matters). There was a great
discussion about how to use legal means
to educate school officials to
accommodate and include trans kids
safely.
Our afternoon panel was held jointly
with the Family Law Institute, on the
Stiletto
subject of Trans Marriage and
Parenting. Our panelists were
Jennifer Levi (GLAD), Shannon Minter
(NCLR), and Denise Brogan-Kator
(Family Equality Council). We
discussed some of the intricacies of pre-
transition and post-transition marriages,
and divorce, annulment and custody
issues. This was followed by a
discussion with local activists Ruby
Corado and Jason Terry of the D.C.
Trans Coalition. We heard about some
of the good work the Coalition is doing,
and how we, as attorneys, can help the
trans community more effectively.
Afterwards, we adjourned to the bar
upstairs, and got a chance to catch up. I
can't wait for the next one, and I hope
you'll consider joining us.
How to become a contributor
Here is my list of the Fifty Top Trans
Law Developments since our last
Trans Law Institute:
-1-
MA state non-discrimination law passed
-2-
Macy v. Holder ruling by the EEOC
that sex discrimination includes gender
identity and expression
-3-
HUD housing rule prohibiting
discrimination based on gender identity
finalized
-4-
Deportation of same sex partners (and
those who might otherwise be
considered such) halted
7

-5-
The Social Security Administration's
"no match" policy of alerting employers
when an employee's gender doesn't
match SSA records ended as to private
employers
-6-
The Eleventh Circuit federal Court of
Appeals held in Glenn v. Brumby that
discrimination based on gender identity
violates the Equal Protection clause of
the U.S. Constitution, and suggested
that it also violates the federal sex
discrimination statute.
-7-
A number of cases found that
discrimination based on sexual
orientation violates the Equal Protection
clause of the U.S. Constitution, most
notably in the same-sex marriage cases,
and this bodes well for similar decisions
about gender identity.
-8-
California passed the Gender
Nondiscrimination Act and the Vital
Statistics Modernization Act (allowing
change in birth certificates)
-9-
The Transgender Legal Defense and
Education Fund helped a New York
woman, Beth Scott, to receive insurance
coverage for her mammograms
-10-
Jennifer Braly, a student at the
University of Arkansas at Forth Smith,
was able to gain appropriate bathroom
access after U.S. Department of Justice
involvement
-11-
The federal court in Minnesota held in
Radtke v. Driver's Union that a trans
woman married to a man was entitled to
partner benefits
-12-
The American Psychiatric Association
published a statement calling for legal
rights of trans people
-13-
WPATH came out with its 7th edition
of the Standards of Care
-14-
Alberta reinstated healthcare funding
for sex reassignment surgery
-15-
LAPD put new trans guidelines in place
-16-
NYPD put new trans guidelines in place
. . . . . . . . . . . . . . . . . . . . . . . .
Stiletto
-17- discriminating against transgender
The Justice Department issued new people
rules to prevent sexual assault of -21-
LGBT inmates Lambda Legal successfully won asylum
-18- in the case of Lopez Berera v. Holder,
The High Court of Australia in AB v. upholding an asylum claim for a
Western Australia ruled that a man, for Mexican transwoman facing danger in
the purposes of the Gender Mexico because of her gender identity
Reassignment Act, is someone who -22-
appears to be a man, regardless of Doe v. Jindal, a Louisiana federal case
genitalia seeking overrule the use of "crimes
-19- against nature" against trans people, was
The FAA updated its medical permitted to go forward on 14th Am
requirements, allowing trans pilots to claims. The use of the "crimes against
fly with less hassling nature" statute requires sex offender
-20- status and long prison terms.
A memo came out from the federal -23-
government stating that federal health- A consent decree was entered into
care programs and those funded with between the New Orleans Police
federal dollars are barred from Department (NOPD) and the
Team & Program Updates
Leadership Team: The leadership team continues to keep TGIJP positively and
productively on track organizationally working on your behalf and to ensure that
members and volunteers are active and appreciated.
Prisoner Support Team: Currently, TGIJP rallies it’s members and community
st rd
allies/volunteers on the 1 and 3 Wednesdays of every month to respond to your
letters. We appreciate your patience in hearing from us as we have a limited
staffing capacity but we are trying to organize our efforts to efficiently respond to
you in as timely a manner as possible.
Empowerment Retreat “Sistahs DoingIt 4 Ourselves”: The first phase of the new
semi-annual retreats program is now complete. The second phase is now being
created for March/April 2013. If you are being released in our area before then,
contact us so we can assist you in attending the next retreat.
Political Education: Last summer, TGI Justice members participated in a Prison
Industrial Complex (PIC) training series. During the training, members learned
about the politics of prisons in the U.S., honed their public speaking and leadership
skills, and shared their own personal thoughts and experiences about the Prison
Industrial Complex. As a key part of the training, members wrote, directed, and
filmed a mini-documentary in which they interviewed each other as first hand
experts on the effects of the Prison Industrial Complex on trans women and their
communities. Special thanks to James Tracy for his generosity and wisdom in
leading the PIC training!
Formerly Incarcerated and Convicted Peoples Movement: Miss Major and Bobbie
Jean Baker attended the annual convening of FICPM in Philadelphia, PA in
September 2012. The five days of the convening were filled with community
events and community organizational site visits to assist formerly incarcerated and
convicted people to register to vote in the upcoming Presidential election.
8

Department of Justice (DOJ), mandating
LGBT-specific policy and trainings, and
that sexual orientation or gender cannot
be used as probable cause for stop or
arrest, transgender people are referred to
by preferred name and pronoun,
transgender people will not be subjected
to overly invasive searches due to
gender identity or to solely to determine
anatomy or genitalia, same-gender
searches to be done in accordance with
gender identity.
-24-
Argentina passed a law allowing
identity cards to honor gender identity
-25-
US Customs and Immigration Service
came out with a memo re adjudication
of immigration benefits for transgender
people, no longer requiring evidence of
SRS in all cases (though state law
might)
-26-
In Soneeya v Spencer, the federal
district court for Massachusetts held
that a prison's gender identity
disorder policy was invalid insofar as
it determined, without exception, that
certain accepted treatments for GID
were never medically necessary for
inmates in GID custody. The court
held that the plaintiff had to receive
treatment for her GID in accordance
with community standards for
adequate care.
-27-
In Clinton v. De La Cruz, a federal
district court in California found that
a prison had a duty of prison to make
housing arrangements upon release for a
trans prisoner who was a victim of
prison rape, and needed assistance, and
failure to do so gave rise to an 8th
Amendment claim.
-28-
In Norwood v. Tobiasz, a federal
district court in Wisconsin followed last
year's Seventh Circuit ruling in Fields v.
Smith, which had held that denial of
treatment for gender identity disorder
was unconstitutional. The court found
that the plaintiff was entitled to be
evaluated, and that, if she were
diagnosed with the disorder, she would
be entitled to treatment.
-29-
In Alexander v. Weiner, in the federal
district court for Massachusetts, the
. . . . . . . . . . . . . . . . . . . . . . . .
court followed last year's First Circuit
ruling in Batista v. Clarke, which held
that denial or delay of treatment for an
inmate with gender identity disorder
constituted an 8th Amendment
violation. The court ordered the prison
to provide prescribed medical treatment
for the inmate.
-30-
Kaeo-Tomaselli v. Pi'ikoi Recovery
House For Women, D. Hawaii, involved
an inmate denied entry into a halfway
house allegedly because she was
identified as a "sex change." Her claims
included constitutional equal protection,
the federal Fair Housing Act and
slander. The court held that her equal
protection and fair housing act claims
stated proper claims under Price-
Waterhouse and Schwenk.
-31-
The Veterans Administration issued two
pharmaceutical protocols with respect to
cross sex hormones for trans veterans
-32-
The labor union SEIU passed a
resolution that locals will bargain for
trans health care
-33-
Caster Semenya, whose gender had
previously been questioned after
chromosome tests, ran in the Olympics
and got silver in the 880s
-34-
In Alaska, an ACLU case on the state
drivers license policy resulted in
permitting change of gender without
surgery
-35-
Delaware, RI, VA and Maine changed
their drivers license policies in favor of
trans people
Stiletto
-36-
The CA Dept of Insurance proposed
regulations that may flesh out insurance
nondiscrimination law to say that
exclusions for trans related care are
impermissible in certain circumstances.
-37-
And on this one, there's a diversity of
opinion in the trans community: Brown
University prohibited ROTC on campus
because it is not trans inclusive. Some
say that organizations that are not trans-
inclusive should not be on campuses.
Others note that ROTC, which now
allows gay students to participate, will
create a path to trans service because
those students will be more favorable to
trans service inclusion when they reach
leadership roles.
Here are some not so good results:
-38-
Cece McDonald was forced to plead
guilty to manslaughter after she was
assaulted by a crowd of people, the
man who was running after her
shouting epithets and grabbing at her
was killed, and court made several
rulings about evidence in favor of the
prosecution.
-39-
No ENDA Executive Order
-40-
Hosanna-Tabor Evangelical Lutheran
Church and School v. EEOC held
that the federal anti-discrimination
statutes are trumped by religious
doctrines, but only when involving
employees considered "ministerial
employees," such as a schoolteacher.
-41-
"Gender identity" was stripped from a
proposed Jacksonville, Florida anti-
discrimination ordinance
-42-
Victoria Carmen White's accused
murderer was acquitted
-43-
NY DOH rejected the advice of an
expert panel that advised NY Gov
Cuomo that Medicaid should cover
trans health care
-44-
A Swedish court cleared a man of
attempted rape because his intended
victim was trans
-45-
In Guzman-Martinez v. Corrections
9
 Stiletto

Corporation of America, a federal court suit and lost on this claim in 2009. In
in Arizona held that the officers and the
city were not liable in a case involving a
that case, her claim was denied both
because time-barred, since she had first
San Francisco
suspected undocumented transwoman, requested hormone therapy upon Resources
who was detained and then subjected to incarceration in 2007 (was she too
constant verbal abuse, multiple pat- diligent?), and because denial of For persons coming out of the
downs by male officers for amusement hormone replacement therapy for system
purposes, and an officer was convicted transsexual inmates is not a
of illegal sexual contact with her. They constitutional violation (unlike courts in
were found to have "qualified the 1st and 7th federal circuits).
immunity" because there is "no clear -50- Tom Waddell Health Center
consensus" that trans women should be DeLonta v. Johnson, W.D. Va., in 50 Lech Walesa (50 Ivy) Street
provided housing separate from males, which the Court denied an Eighth 415-554-2727
even though the court cited research that Amendment claim based on failure to
such housing is known to be dangerous evaluate her for sex reassignment
-46- surgery. It also denied an equal Tenderloin Health
In Sears v. Newcomer, a Louisiana protection claim based on housing of
federal court denied medical treatment transsexual women in male prison 187 Golden Gate Avenue
for gender identity disorder for a trans facilities. 415-437-2900
inmate who requested appropriate -51-
treatment, because the request was too Bradley Manning's lawyers suggested in
"vague" a court hearing that gender identity Tenderloin Self Help
-47- disorder could be a defense to the 290 Turk Street
In Eastman v. Swanson, in the federal charges, though many observers
415-749-2110
district court of Montana, the court held wondered whether such a defense made
that verbal sexual harassment and sense and expressed concern about
threats of violence against a trans damage to the trans community as result
prisoner are not cognizable. The of such an idea. St. James Infirmary
original opinion denied all claims, but a 1372 Mission Street
later substituted opinion found that 415-554-8494
parading the inmate around in
underwear, after which suicide was
attempted, stated a claim.
TRANS:THRIVE Program
-48-
th
Jamison v. Davue, E.D. Cal, 730 Polk Street, 4 Floor
transwoman inmate brought claim for 415-409-4101
verbal sexual harassment based on trans
status, inter alia. The court said
"Plaintiff is cautioned, however, that The Ark of Refuge, Inc.
transgender individuals do not
constitute a "suspect" class, so Transcending Program
allegations that defendants 1025 Howard Street
discriminated against him based on his 415-861-1060
transgender status are subject to a mere
rational basis review.
-49-
Young v. University of Texas
We will continue to live, HealthRIGHT 360
1735 Mission Street
Correctional Health Care, E.D. Texas, love, & laugh together 415-762-3700
the court upheld the state prison policy
for provision of hormone replacement as sisters & brothers
therapy for transgender prisoners. Under
the policy, inmates must have a forever joined in the
confirmed release date within 180 days,
and have a letter from a surgeon stating struggle! Remember:
that they will receive sex reassignment
surgery immediately upon release. The together, we can change
court found that the claim was barred as
res judicata, since the plaintiff had filed the world!

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