AIDS housing funding survives challenge in Houston city council

Helena Brown

The city funding for four Houston nonprofits providing housing to at-risk populations living with HIV/AIDS survived a challenge from city council member Helena Brown last Wednesday. Under consideration by the council were ordinances to dispense almost $2.5 million in federal funds managed by the city to the SRO Housing Corporation, Bering Omega Community Services, Catholic Charities and SEARCH Homeless services.

Brown initially used a parliamentary procedure known as a “tag” to delay the funding for the Houston SRO Housing Corporation and Bering Omega. Any council member may tag an item under consideration, delaying the vote on the item for one week. Brown explained that she objected to government funding of charitable entities:

“I spoke last week on this very issue on grant funds and the idea that we are, you know, fighting with other entities and other governments for grant funds that really isn’t there. The federal government is in a worse condition than the city of Houston and to continue to try to milk the system where there’s no milk, is just, I mean, we’re fighting with our brothers, as I said last week, to get credit for who is going to push a friend over the cliff… We need to continue to look at the private sector and the business sector. Because even, I attended this event where this wonderful speaker was talking about the generosity of Americans and 80% of donations to nonprofits come from private individuals, not even corporations, and we need to continue to rely on that right now because the government right now, we’re broke – we need to face that reality.”

Other council members spoke passionately of the need for continued funding, arguing that by assisting people living with HIV/AIDS in achieving independence, particularly those who are homeless or at risk of homelessness,  the programs added to the tax based and help insure long-term stability.

“We don’t live in a perfect a world,” said freshman council member Mike Laster (the first out gay man to serve on the Houston City Council). “These organizations do their very best to raise money to care for the people among us, but they still need to reach out to entities that have that kind of capital, and by the grace of God this city and this government as an entity has some of that capitol, and I’m very proud that we’re able to provide those kind of services to some of my community members.”

Council member Wanda Adams, who serves as chair of the council’s Housing and Community Development Committee, also spoke in favor of continuing funding. Council member Ellen Cohen, whose district contains both SRO Housing and Bering Omega, spoke of how her life had personally been touched by AIDS:

“One of the first young men to pass away in New York City was a cousin of mine of something [then] called a very rare form on pneumonia… which we now realize was not. So I understand the need for these kinds of services. On a personal note I worked with Bering and I know all the fine work that they do, I’m addressing all the items but I’m particularly addressing [the Bering Omega funding] and feel it’s absolutely critical that we provide the kind of funding items, and that we are, in fact, our brother’s and our sister’s keepers.

After Laster asked Mayor Annise Parker the procedure for overriding a tag Brown removed her tag, but raised a new concern about HIV/AIDS housing, saying that her office had requested a list of the owners of apartment units where those receiving rental assistance lived. City Attorney David Feldman explained to Brown that federal law prohibits making public information that could be used to identify people receiving assistance through the housing program. Feldman said that, in his legal opinion, revealing the names of the owners of the apartments would violate federal law. Brown said that she was concerned that their might be a “conflict of interest” with apartment owners that needed to be investigated, claiming that as the reason for her tag.

Brown eventually removed her tag, rather than have it overturned. All four ordinances providing funding passed with only Brown voting “nay.”

—  admin

“Head Figure Head” more about journalism than about Gov. Rick Perry’s sex life

Head Figure Head, the new e-book from Glen Maxey, details the author’s arduous and frustrating six-month effort to investigate rumors of Gov. Rick Perry’s gay sex life. Maxey served as executive director of the Lesbian/Gay Rights Lobby of Texas (now Equality Texas) during Perry’s tenure as a state representative, later serving for 12 years as a state representative, spanning Perry’s time as agricultural commissioner, lieutenant governor and governor. Of all the people who’ve attempted to look into the rumors of Perry’s trysts with men, Maxey is perhaps best positioned to get to the truth, and takes great pains to ensure we are aware of that fact.

The book is the narrative of Maxey’s research, assisted by a journalist from a national media outlet. Like almost every character in the book other than Maxey and Perry himself, “the Journalist” is referred to only as a pseudonym. Maxey and the Journalist begin their search for proof in June 2011 as rumors of Perry’s impending presidential bid are widely circulating. Immediately the pair find that almost every gay man in Austin has a friend who has a friend who claims to have slept with Perry. For the next three months they track those leads and come excruciatingly close to breaking the story.

—  admin

Victory in HCC trans discrimination case (sort of)

As previously reported by our friends over at the Dallas Voice, in September a Houston Community College teacher, Donny Leveston, led an in-class conversation about “Taboo: Incest and Homoeroticism” in which transgender people were referred to as “freaks” and “weirdos.” In an official response from the HCC Office of Institutional Equality the school admitted that the instructor acted insensitively and failed to show proper concern for a transgender student in the class who later withdrew from the school over the incident. Despite this, HCC found that Leveston did not violate the school’s policy against Discrimination and Harassment and will not be disciplined or required to attend training on transgender issues.

—  admin

Putting our children at risk

David Webb
The Rare Reporter

Child sexual abuse a concern for everyone, especially LGBT parents

Most people would probably agree there is no resource that a society cherishes more than its children. So it is hard to fathom how sexual predators manage with such apparent ease to carry out horrendous, undetected assaults on children practically under the noses of their families and others who are charged with their protection.

As horrific as the crime of child sexual abuse is, there are no firm estimates of its prevalence because it often goes undetected and is seriously underreported, according to agencies that study child abuse.

Less than 100,000 crimes of sexual abuse are reported each year because children fear telling anyone, and adults who become aware of the activity are often reluctant to contact law enforcement agencies, even though there is usually a legal requirement to do so.

With so many LGBT households now raising children, it is obviously vital that all parents be aware of the tactics used by sexual predators to seduce children without arousing the suspicion of their families, and aware of the symptoms victims of child sexual abuse exhibit.

The critical need for sustained intervention into child sexual abuse recently gained national attention following a grand jury’s indictment of retired Penn State assistant football coach Jerry Sandusky on 40 counts of child sex abuse involving eight victims over a 15-year period. The victims reportedly came into contact with the now 67-year-old, married Sandusky in connection with the Second Mile, a children’s charity the former football coach founded.

Although Sandusky denied, this week in an NBC interview, engaging in any type of sexual activity with the pre-pubescent boys, he acknowledged showering and “horsing around” with them after exercise. He also admitted hugging young boys and putting his hand on their legs when they sat next to him.

His admissions shocked viewers and confirmed in many minds what was already suspected — Sandusky is most likely a pedophile that has taken advantage of young boys with the unwitting complicity of their families.

It is a devastating scandal that will likely rival the one that rocked the Catholic Church a decade ago when it became known that untold numbers of Catholic Church priests sexually abused young boys and violated the trust of their families.

If the charges against Sandusky are true, the accounts by the victims portray a classic pattern of enticement and betrayal practiced by the former football coach in his pursuit of the young boys. Likewise, the lack of action by those who knew about Sandusky’s alleged criminal activity parallel what often happens when the abuser commands power and respect in a community.

Much of the difficulty in combating child sexual abuse can be attributed to its relative youth in terms of public awareness about the crime. The first studies on the molestation of children began in the 1920s, and the first estimate of the prevalence of the crime was reported in 1948.

In 1974 the National Center for Child Abuse and Neglect was founded, and the Child Abuse and Treatment Act was created. Since then, awareness about the problem has grown dramatically, and much more is known about deterring the crime and assisting victims of it.

Children’s advocates have identified “red flags” to help parents and others protect children from sexual predators. They warn parents to be wary of someone who wants to spend more time with their children than they do, who attempts to be alone with a child, who frequently seeks physical closeness to a child such as hugging or touching, who is overly interested in the sexuality of a child, who seems to prefer the company of children to people their own age, who lacks boundaries, who regularly offers to babysit,who often gives presents or  money to children, who frequently walks in on children in bathrooms or locker rooms, who frequents parks where children gather, who makes inappropriate comments about a child’s appearance or who likes to photograph children.

Signs of possible sexual abuse in children include a fear of people, places or activities, reluctance to undress, disturbed sleep, mood swings, excessive crying, fear of being touched, loss of appetite, a drastic change in school performance, bizarre themes in drawing, sexually acting out on other children, advanced sexual knowledge, use of new words for private body parts and a reversion to old behavior such as bedwetting or thumb sucking.

Aside from the moral responsibility to protect children and other weaker members of society that all people share, it is essential to intervene in child sexual abuse because of the long-lasting psychological damage it usually causes. The problems can include feelings of worthlessness, depression, anxiety, suicidal thoughts and distorted views of sexuality.

Also, victims of child sexual abuse tend to become sexual predators as adults, making it a crime that begets more crime.

The Sandusky scandal will undoubtedly lead to devastating repercussions for Penn State, for the Second Mile charity with which the former football coach is no longer affiliated and for law enforcement and university officials who became aware of concerns about the former football coach’s activities and failed to act on them.

But the real tragedy — if the allegations are true — will be the lasting impact upon the victims.

David Webb is a veteran journalist who has covered LGBT issues for the mainstream and alternative media for three decades. E-mail him at davidwaynewebb@yahoo.com.        

This article appeared in the Dallas Voice print edition November 18, 2011.

—  Michael Stephens

Banks Appointed to Citizen Police Oversight Board

Kris Banks

Kris Banks

On Wednesday the Houston City Council confirmed Mayor Annise Parker’s appointment of Former Houston GLBT Political Caucus President Kris Banks to the Independent Police Oversight Board.  The Oversight Board provides a way for Houstonians to have input into allegations against police officers involving use of excessive force, discharge of firearms, serious bodily injury or death or mistreatment of citizens.  The Board also makes recommendations on recruitment, training and evaluation of police officers; and considers community concerns regarding the Department.  Houstini talked with Banks about his new role:

[Houstini] Why have you agreed to serve on the Oversight Board?

[Banks] I believe the Oversight Board performs an important and vital function that benefits all involved. Police officers are granted extraordinary powers over their fellow Houstonians. They can, under legally sufficient circumstances, detain people against their will, walk into other people’s homes without their permission, and even use physical force to make people comply. We grant police officers these powers because they are necessary for the officers to do their jobs. However, with these great powers come great responsibility, and the Oversight Board exists as a check on those powers, thereby protecting the public against the very rare officer who uses her or his powers irresponsibility or excessively. It also benefits the police department. With the assurance that the Board is providing oversight, members of the public can be more confident of the police department, and form a better working relationship with officers.

[Houstini] What do LGBT Houstonians who have concerns about police behavior need to know about the mission of the Oversight Board?

[Banks] Historically, the LGBT community has had concerns about very broad and obvious police harassment, like bar raids. Incidents like these still occur (see Rainbow Lounge in Fort Worth), but they tend to not be the focus of issues that exists between the LGBT community and the police department. Concerns between the community and the police department now tend to be over specific incidents that sometimes come to light and sometimes do not. That being said, the IPOB will review internal police investigations for complaints of excessive force, any discharge of a firearm, any time there is a death or serious injury, or any matter the police chief refers to us. We make recommendations, and the chief has ultimate discretion. What I want to highlight here is that a complaint has to be made for the IPOB to have any role. Complaints have to be sworn, either by the complainant, or, if the complaint is anonymous, by the person taking the complaint.

LGBT Houstonians should also know that I take my role as a community representative very seriously. I will not only take my perspective as an LGBT Houstonian to the police department, I will also take the knowledge I gain back of police procedure back to the community. For instance, I mentioned anonymous complaints above. In the training I have received so far, I learned that organizations can be deputized to take anonymous complaints (LULAC and the NAACP are both deputized). Anonymous complaints are, unfortunately, a big concern for our community. Whether because our congress has failed to pass job protections, family concerns, or any other personal reason, there are still many, many people in the closet. But being in the closet does not mean that a person is not protected. I will learn more about the deputizing community groups and take that back to organizations in our community like the Caucus, Community Center and Transgender Foundation so they can begin that process (as a caveat, I do not have a full list of deputized organizations and any of these organizations may already be deputized).

—  admin

TCU LGBT alumni group forms

Organizer says school has been helpful, supportive in forming group for gay graduates

DAVID TAFFET  |  Staff Writer
taffet@dallasvoice.com

There are some schools that are — or have been — affiliated with religious institutions that  not only wouldn’t welcome an LGBT alumni group, they would block such a group outright.

But when Doug Thompson, a graduate of Fort Worth’s Texas Christian University, associated with the Christian Church (Disciples of Christ), approached his alma mater’s alumni association about forming an LGBT affiliate, he said, the response was, “Absolutely. No problem.”

TCU’s new LGBT alumni group will hold its first large meeting on Saturday, Oct. 22, after the TCU homecoming game. Thompson acknowledged that sports isn’t the main concern of many LGBT alumni, but homecoming is still a time when many alumni return to visit the campus.

Thompson said when he asked the alumni association whether the LGBT group would need approval by the school’s administration, he was told the administration would back it. The group was approved in April.

Unlike Baylor University, which sued to keep its LGBT alumni from using the school name to organize a group, Thompson said there has been no objection from the TCU campus.

“We just want to get people involved however they want to be involved,” Kristi Hoban, associate vice chancellor alumni of relations, said. “We just reach out, whether it’s a class or the business school or a special interest group.”

She said that black alumni were not participating until the Black Alumni Alliance formed about 11 years ago. Now, she said, they’re active leaders in class reunions, homecoming and department alumni events, adding that she hopes to see the same thing happen with the LGBT network.

Finding LGBT alumni hasn’t been easy, Thompson said, as students aren’t asked about their sexual orientation before they graduate.

But Thompson said about 120 alumni have already responded, mostly to calls on social media sites. And now that the school has a Gay Straight Alliance, he said, finding future alumni will be easier.

“Our goal will be to support gay and lesbian students and start a scholarship,” Thompson said. “And we’ll form activities around things gay alumni have an interest in.”

He mentioned support for the Trinity Shakespeare Festival on campus as a direction for the group.

Thompson said that having an LGBT alumni group will help the school provide a better environment for its LGBT students.

Two years ago, TCU proposed setting aside dorm space for LGBT students. A week after the announcement, when only eight students had signed up for the housing, the school scrapped those plans.

“That got totally blown out of proportion,” Hoban said.

She said the intention was never segregated housing but really just an LGBT campus group.
Thompson said the school would have avoided the bad publicity if it had the alumni group to guide them.

The LGBT alumni group will get together after the homecoming game against New Mexico on Saturday, Oct. 22. They will meet at Tommy’s Hamburgers’ Camp Bowie Boulevard location from 5 p.m. to 7 p.m.

…………………

OUT, PROUD ATHLETE

Pryor.Victor

Victor Pryor

Perhaps one of the best known Texas Christian University grads that will be attending the new LGBT alumni group’s meeting this weekend is Vincent Pryor, a TCU Horned Frogs football star from 1994.

That year, before the final game of the season against the Texas Tech Red Raiders, Pryor came out to his teammates. Rather than shunning him, Pryor’s coach told him he was proud of his honesty

“My teammates and my coaches overwhelmingly supported and accepted me,” Pryor writes on his website, VincentPryor.com. “All of the fears and concerns I had about being kicked off the team, or losing my scholarship, or embarrassing my school — none of that happened.  And the best part of it was that I became a better athlete after I came out.”

That day, Pryor had the biggest game of his college career, tallying a record 4.5 sacks — a record that still stands today. His performance helped TCU win the conference title and a berth in a post-season bowl game.

Today, Pryor works in sales and lives in Chicago with his partner of 12 years, who was a classmate at TCU. To watch his just-
released an “It Gets Better” video, below.

—  Kevin Thomas

LifeWalk steps off Sunday in Lee Park

Nobles says that park will not be fenced this year but is worried about added cost and barrier affecting next year’s event

KICKING UP THEIR HEELS | The LifeWalk organizing committee gets ready for Sunday.

 

DAVID TAFFET  |  Staff Writer
taffet@dallasvoice.com

New requirements by the city of Dallas could affect proceed totals from this year’s AIDS Arms LifeWalk, and at least one more new requirement is expected to be added to the list next year, according to LifeWalk organizers.

The 21st annual LifeWalk steps off from Lee Park on Oct. 2 at 1 p.m. for the 3.2-mile walk. Registration begins at 11:30 a.m. Last year’s event raised $401,000 and this year’s goal is $500,000.

Although thousands of people are expected for the event, Lee Park will remain unfenced this year, even though the city has said such gatherings will require fencing in the future.

Officials with the Dallas Tavern Guild, which stages the Alan Ross Texas Freedom Parade and the Festival in Lee Park each year as part of Dallas’ annual LGBT Pride celebration, decided to get ahead of the new requirement by fencing in Lee Park this year for the festival, although the city requirement had not yet gone into effect.

Tavern Guild officials also chose to charge a $5 admission fee to the festival this year to help offset expenses and raise extra funds that will be distributed to parade beneficiaries.

The admission fee raised the ire of some in the community, and attendance at the festival was down compared to last year. But Tavern Guild Executive Director Michael Doughman said the drop was not significant, and noted that the admission fee brought in about $25,000 that will be divided among beneficiaries.

But AIDS Arms Executive Director Raeline Nobles said new city requirements have already had an impact on LifeWalk, and she is worried that the new fencing requirements could affect next year’s walk.

“There were a lot more expenses from the city this year,” she said. “It really hits the bottom line.”

The cost of fencing next year will add an additional, unwelcome expense. But Nobles said she isn’t going to worry about that until after this weekend’s event. Right now, her main concern is getting people out to participate in this year’s fundraiser.

“Anyone can participate in LifeWalk,” Nobles said. “You can walk alone or bring friends or join a team. We even have poop-out vans: In case you can’t walk the entire three-mile route, someone will pick you up and bring you back to the park to have a good time.”

She also invited people to just come to the park and cheer.

“We need cheerleaders at the start and finish and at the water stations,” Nobles said. “We have pompoms for anyone who wants to cheer the walkers on.”

Registration for LifeWalk is $40 for people and $10 for dogs participating in LifeBark. People get a T-shirt and dogs get a bandana to show their support for people with HIV.

AIDS Arms is the primary beneficiary of LifeWalk, but other organizations also receive funds from the event, including AIDS Services of Dallas, Legal Hospice of Texas, Turtle Creek Chorale, The Women’s Chorus, Bryan’s House, Resource Center Dallas and the Greg Dollgener Memorial AIDS Fund.

Money raised goes toward programming rather than capital costs. The chorale uses funds for their HIV fund, including giving tickets to performances through the year to people with AIDS.

Nobles praised that effort, saying that socializing is an important holistic element in treating HIV.

The Women’s Chorus will present a program at AIDS Arms in March on National HIV Women’s Day. Those expenses, Nobles said, should be covered by the group’s LifeWalk proceeds.

Nobles said it would be tempting for AIDS Arms to use the money to finish paying off the agency’s new Trinity Health and Wellness Center in Oak Cliff. She said that the new facility cost more than $2 million, and AIDS Arms needs to raise just $35,000 more to pay off the facility.

Trinity Health and Wellness Center opened in September and will have its formal grand opening in two weeks.

But despite the temptation, AIDS Arms will instead use proceeds from LifeWalk to support programs for clients at Trinity as well as at AIDS Arms’ older clinic, Peabody Health Center in South Dallas.

AIDS Arms also uses the money to administer HIV tests to more than 3,500 people a year and for case management for more than 3,400 people.

LifeWalk began in 1990 as a fundraiser for Oak Lawn Community Services. When that agency closed, management of the event moved to AIDS Arms.

LifeWalk Co-chair Marvin Green noted that his Green Team will mark its 20th year of participation in LifeWalk. He said he put the team together for the first time in the second year of LifeWalk because he had already lost 20 friends to AIDS.

That first year, three team members raised $75. This year, the 32-member Green Team has collected about $22,000.

Co-chair Fred Harris said that there were quite a few new teams this year.

“We’re reaching out to new communities,” Harris said. “There’s new energy. We’re branching outside Oak Lawn.”

He said teams are using creative new ways to raise money and AIDS Arms has actively brought in new sponsors such as Chipotle.

“Stoli is coming with a first-ever LifeWalk drink,” Nobles said. Returning sponsor Caven Enterprises will serve beer and Ben E. Keith donated iced tea.

Harris said planning has gone well, and that “LifeWalk is a well-oiled machine.”

Harris said he has seen more use of social media this year than ever, reaching out to people outside the Metroplex.

“This year Facebook has become a very powerful tool,” he said, not just for fundraising but also for recruiting walkers.

Last year, about 3,500 people walked, and this year, “Registration is ahead of where we were this time last year,” Harris said.

Waterpalooza, another AIDS Arms event, was moved to Pride weekend this year, just two weeks prior to LifeWalk. Harris said they took advantage of that event to sign up teams and walkers and generate excitement for this weekend’s walk.

Among the new teams, Harris said, are the DFW Sisters.

“Their efforts have been tireless,” he said. “They raise the bar.”

Nobles said that WFAA Channel 8 morning anchor Ron Corning will serve as M.C. in Lee Park. Although he’s appeared at several events since arriving in Dallas, this is the first big public event the openly gay television host has emceed.

LifeWalk received the Human Rights Campaign family-friendly designation, and Nobles said there will be bounce houses, clowns and face-painting for children.

Harris said the event is pet-friendly as well, “because pets are our family.”

There will be games and puppy pools for dogs as well as doggie adoptions, Nobles said.

She said the day would be a lot of fun but asked people to participate because the need is greater than ever.

“With the growth in the number of newly-infected people in Dallas County who need help in this economy, we’re seeing people who never would ask but must,” she said.

Next year, Nobles said, she would like to see LifeWalk return to Oak Lawn, but new city regulations for events may change those plans. Among the events changing plans this year because of the city involved Lone Star Ride.

Last year, Lone Star Riders participated in LifeWalk on bike. This year, city regulations banned bikes from walks so LSR riders who participate will have to walk.

Green was thinking about bigger plans for future LifeWalks. Other cities that raise more money stage longer walks. He said he’d love to use the new Downtown Deck Park that should be completed next year and dreamed of seeing LifeWalkers crossing the new suspension bridge that should be open in March 2012.

This article appeared in the Dallas Voice print edition September 30, 2011.

—  Michael Stephens

Video: Most of our CPAC#11 posts concern boycotting or gayness. This one lets us remove the ‘or’:



[CBS News]




Good As You

—  David Taffet

GLSEN Releases LGBT Student Survey – School Safety Still a Serious Concern

Today, GLSEN, the Gay, Lesbian and Straight Education Network, released its National School Climate Survey, which documents the experiences of LGBT students from across the country. The 2009 National School Climate Survey shows that while progress has been made in providing safe schools for LGBT youth, much work remains to be done. Among the report’s key findings:

• 84.6% of LGBT students reported being verbally harassed, 40.1% reported being physically harassed and 18.8% reported being physically assaulted at school in the past year because of their sexual orientation.

• 63.7% of LGBT students reported being verbally harassed, 27.2% reported being physically harassed and 12.5% reported being physically assaulted at school in the past year because of their gender expression.

• Nearly two-thirds (61.1%) of students reported that they felt unsafe in school because of their sexual orientation, and more than a third (39.9%) felt unsafe because of their gender expression.

• The presence of a gay-straight alliance, supportive teachers and staff members, and a school anti-bullying policy all contributed to an improved climate for LGBT students.  Click here for the full report.

HRC thanks GLSEN for its extensive efforts on this report, which included gathering data from over 7,000 LGBT students, and for its pioneering efforts to improve the climate of schools for LGBT youth. As the report indicates, much work remains to be done to ensure that safe schools become a reality for LGBT youth across our nation.

HRC, along with GLSEN, is currently supporting two bills in the U.S. Congress that would foster a safe and inclusive environment for LGBT students – the Safe Schools Improvement Act (SSIA, H.R. 2262, S. 3739), which would require school districts receiving federal funds to adopt codes of conduct prohibiting bullying and harassment, and the Student Non-Discrimination Act (SNDA, H.R. 4530, S. 3390), which would prohibit any school program or activity receiving federal financial assistance from discriminating against any public school student on the basis of actual or perceived sexual orientation or gender identity. Let your Members of Congress know that you support the SSIA and SNDA because all students deserve an education free of discrimination, harassment and bullying.

Thanks to HRC staff counsel Aaron Welo for his contributions to this post.


Human Rights Campaign | HRC Back Story

—  John Wright

DART accused of transphobia

Judge reversed order after transit agency fought longtime employee’s gender-marker change last year

John Wright | News Editor
wright@dallasvoice.com

TRANS FRIENDLY? | Judge Lynn Cherry, right, is shown alongside drag performer Chanel during Stonewall Democrats’ 2008 holiday party at the Round-Up Saloon. A few months later, Cherry ruled against a transgender DART employee and overturned a gender-marker change. (John Wright/Dallas Voice)

DART stands accused of bigotry and transphobia after attorneys for the local transit agency intervened in family court last year to challenge a gender-marker change granted to an employee.

According to court records, a transgender DART employee obtained a court order in February 2009 directing all state agencies to correct their records by changing her gender-marker from male to female, including on her birth certificate.

As Dallas Voice reported last week, many Dallas County judges have been routinely granting gender-marker changes to transgender people who meet set criteria — including documentation from licensed medical personnel — since the Democratic sweep of 2006.

The DART employee, who’s name is being withheld to protect her anonymity, later presented the court order to the transit agency’s human resources department and requested that her personnel records be changed to reflect her new gender.

But DART’s attorneys objected to the gender-marker change and responded by filing a motion seeking a rehearing in court. DART’s objections prompted 301st Family District Court Judge Lynn Cherry to reverse her order granting the gender-marker change.

“Where does this stop when an employer can start interfering with your personal life and family law decisions?” said longtime local transgender activist Pamela Curry, a friend of the DART employee who brought the case to the attention of Dallas Voice. “She was devastated. This should be a serious concern to a lot of people — everybody — and I just think this story needs to be told.”

Judge Cherry, who received Stonewall Democrats of Dallas’ Pink Pump Award for her support of the group last year, didn’t respond to messages seeking comment this week.

Morgan Lyons, a spokesman for DART, noted that Cherry reversed her order before the agency actually filed its motion for a rehearing. However, Curry alleges that DART’s attorneys met with Cherry privately and pressured her into reversing the order.

As is common with gender-marker changes, the case file has been sealed, but Dallas Voice obtained copies of some of the court documents from Curry.

In their motion for a rehearing, DART attorneys Harold R. McKeever and Hyattye Simmons argued that Texas law grants registrars, not judges, the authority to amend birth certificates. They also argued that birth certificates could be amended only if they were inaccurate at the time of birth.

“It’s not a DART issue, it’s a point of law,” Lyons told Dallas Voice this week, in response to the allegations of bigotry. “The lawyers concluded that the birth certificate could not be altered by law, unless there was a mistake made when the birth certificate was completed, and again, the judge changed the order before we even wound up going into court with it.”

Asked about DART’s LGBT-related employment policies, Lyons said the agency’s nondiscrimination policy includes sexual orientation but not gender identity/expression. The agency, which is governed by representatives from Dallas and numerous suburbs, also doesn’t offer benefits to the domestic partners of employees.

Lyons didn’t respond to other allegations made by Curry, including that the agency has fought the employee’s transition from male to female at every step of the way.

Curry, who helped the employee file her pro se petition for a gender-marker change, said the employee has worked for DART for more than 20 years and has an outstanding performance record.

The employee began to come out as transgender in 2003 and had gender reassignment surgery more than three years ago, Curry said. Curry said DART supervisors have at various times told the employee that she couldn’t have long hair, couldn’t wear skirts to work and couldn’t use women’s restrooms at work.

The employee has responded by showing up at work in her uniform so she doesn’t have to change and using public restrooms on her bus route, Curry said.

Supervisors have also told the employee she can’t talk to the media and can’t join political groups, such as Stonewall Democrats, Curry said.

“She’s intimidated and she’s scared,” Curry said. “One supervisor even suggested to her that if she doesn’t lay off it, they will mess up her retirement.”

Elaine Mosher, a Dallas attorney who’s familiar with the case, also questioned why DART intervened. Mosher didn’t represent the employee in the case but has handled gender-marker changes for other clients.

Mosher said the employee’s gender doesn’t have any bearing on her ability to do her job at DART.

“My argument in any gender marker matter is, the birth certificate was wrong, that’s why they had to go through the transition surgery, in essence to put them in the correct gender,” Mosher said. “All I can tell you is that it seems strange to me that DART would care one way or another what the gender marker of anybody that works for them is.”

Moster added that she believes someone at DART may have been “freaked out” by the employee’s transition from male to female and developed a “vendetta” against her.

“I wish I had a good explanation for why [DART got involved] other than the fact that I know there are people out there who are utterly blind and prejudiced for no other reason than they are,” Mosher said. “I compare it to some of the nonsense African-Americans had to live through in the ’60s.”

Mosher also said she’s “very surprised” that Cherry reversed the order granting the gender marker change.

Erin Moore, president of Stonewall Democrats, said she’s heard “bits and pieces” of the story but isn’t sure of all the facts.

Moore said in response to her questions about the case, Cherry told her she couldn’t talk about it because it’s still within the timeframe for a possible appeal.

“Lynn is a longtime supporter of Stonewall and I would think she would be fair in the case,” Moore said. “I’m confident she’s an ally to this community.”

This article appeared in the Dallas Voice print edition February 19, 2010.

—  admin