Welcome to TLC's
Monthly E-Blast Newsletter

From the Executive Director: Welcome to the 3rd edition of Translations, the Transgender Law Center’s monthly e-newsletter! As you’ll read in this edition, TLC’s staff and volunteers have been busy representing clients, conducting legal trainings, and advocating for laws and policies to eliminate discrimination based on gender identity and expression. We’re also eagerly awaiting the CA Supreme Court’s decision regarding Prop 8, which will be issued on Tuesday, May 26th. Marriage equality impacts many transgender people who worry about challenges to our marriages and parental rights.Please show your support for marriage equality for ALL by joining TLC staff and volunteers at one of the many events taking place in the coming week, culminating in Meet in the Middle 4 Equality, a statewide convening in Fresno with an Equality March and Rally on Saturday, May 30th. I hope to see you there! If you can’t make it to Fresno, you can find a listing of local actions at http://dayofdecision.wetpaint.com/page/California.

On Tuesday, April 28th, TLC Executive Director Masen Davis briefed the LGBT Equality Caucus of the U.S. Congress on “Understanding the T in LGBT.” Masen presented findings from TLC’s “State of Transgender California” to educate policymakers about the need to improve the health and economic status of transgender people. Facilitated by Mara Keisling from the National Center for Transgender Equality, the briefing also featured Monica Cross, a student at Pacific School of Religion; Amanda Simpson from Raytheon; and Gunner Scott of the Massachusetts Transgender Political Coalition. The Caucus is coordinated by U.S. Representatives Barney Frank (D-MA), Tammy Baldwin (D-WI) and Jared Polis (D-CO).

The briefing was held as part of National Transgender Lobby Days, including a day-long advocacy training followed by a day of congressional education on Capitol Hill. After a full day of advocacy training, which included an advanced training session led by Masen and Lisa Mottet from the National Gay & Lesbian Task Force, almost 200 transgender from across the country – including 13 participants from California – educated members of Congress on the need for federal protections for transgender individuals. The Transgender National Lobby Days, organized by NCTE, were part of an overall information program to make the nation’s leaders aware of the lived experiences of transgender people, the challenges we commonly face, and the steps needed to ensure we have full access to the rights we need and deserve.

Equal ID Act Passes the California Assembly

The California Assembly passed the Equal ID Act today by a vote of 41-26.
The Act will allow transgender individuals born in California but now residing outside the state to obtain a California court order changing their gender identity. This court order can then be used to correct the individual's California birth certificate.

The legislation is sponsored by Equality California and was introduced by Assemblyman Ted Lieu (D-Torrance). It is based on the historic Court of Appeal decision in Somers v. Superior Court.

The case, which was argued by TLC Legal Director Kristina Wertz, held that the residency requirement violated the equal protection rights of California-born transgender people residing out of state.

The Equal ID Act is the next step in ensuring that all Californians are able to obtain accurate birth certificates.

Whats New at TLC?

TLC Trains Youth at GSA Advocacy and Youth Leadership Academy

From April 17th-20th, TLC joined the GSA Network, Bienestar, Equality California, The Trevor Project, and the National Association of Social Workers at the GSA Advocacy and Youth Leadership Academy (GAYLA) and Queer Youth Advocacy Day (QYAD).

Throughout the weekend, more than 60 youth from across California convened in Sacramento for three days of GAYLA advocacy training and team building. The youth were trained on everything from the legislative process and how a bill becomes a law, to gender identity and why it’s important that schools protect transgender and gender non-conforming youth. TLC staffers Kristina Wertz, Alexis Rivera, and Morgan Weinert co-taught workshops with youth trainers and were privileged to hear the amazing, and often difficult, stories of many brave youth activists. Kristina and Alexis then joined 15 youth to prepare for meetings with the California School Board Association (CSBA) and the California Department of Education to discuss strategies for better implementation the existing laws that protect transgender and gender non-conforming youth. Morgan joined youth focusing on developing stories and learning how to meet with their state legislators to advocate for the passage of the Harvey Milk Day Bill (SB 572) and The Mental Health Services for At-Risk Youth Bill (SB543).

On Queer Youth Advocacy Day on Monday, April 20th, even more youth bused in from across the state to join GAYLA participants for a rally and legislative visits. The rally on the lawn of the Capitol got everyone excited and inspired to meet with decision makers and share their stories. Senator Mark Leno, author of both of the bills the youth were lobbying for, Assemblyman Tom Ammiano, and many other legislators spoke at the rally and gave their support to the young activists. Many of youth spoke as well, including Nik Castillo, a transgender youth from San Bernardino. Nik gave an incredible speech and encouraged the youth to fight for their rights stating, “We are all here like our past generations fighting for equality for what has been stolen from us, so we must fight just how Harvey Milk did years ago.” After the rally, the youth met with 56 different legislative offices and used the time between meetings to take part in other actions like sending letters in support of an inclusive Employment Non-Discrimination Act to their national legislators. Those who met with the CSBA and the Department of Education were received warmly and obtained positive and promising commitments. On Monday afternoon, after a fun “wind down” ceremony, buses, planes and trains brought a lot of very tired youth (and staff) back home to rest, recharge, and share their experiences and what they learned!

This month, TLC attorneys were busy as ever providing trainings on transgender legal issues to a wide variety of audiences. Kristina conducted trainings on transgender health care law for community members as part of Project HEALTH with our partners at Lyon Martin. We also did health care law trainings for nurses at the Palo Alto Veterans Administration and Alta Bates Summit Medical Center. Employment law trainings for both employers and transgender job seeks also kept us busy. As a partner in the Transgender Economic Empowerment Initiative, we conducted a training for all the employers participating in San Francisco’s Annual Transgender Job Fair. If your organization has a need for trainings on transgender legal issues, give us a ring!

On May 13, 2009, California’s First District Court of Appeal unanimously affirmed the second-degree murder convictions of Michael Magidson and Jose Merel for the murder of Gwen Araujo in 2002. Araujo, a 17-year old from Newark, California was brutally murdered after Magidson and Merel discovered that she was a transgender woman. The original trial of Magidson and Merel was the first in which a hate crimes charge was used to prosecute the murder of a transgender person. After the defense attempted to discredit and blame Araujo’s transgender status for her murder, both Magidson and Merel were convicted of second-degree murder and sentenced to 15-years to life. Two other perpetrators, Jaron Nabors and Jason Cazares, took plea bargains to voluntary manslaughter.

TLC applauds the decision, and the Court’s refusal to allow prejudice against transgender people to weaken the conviction. It is offensive and harmful to suggest that the murder of a young woman should be reduced to manslaughter merely because the victim happened to be transgender. Gwen’s death was a tragedy. While the court’s decision does not bring her back, it brings justice to her memory by rejecting the idea that her killers where somehow less responsible for their actions because of Gwen’s gender identity.

Making Things Happen : Take Action NOW!

The Transgender Law Center Needs Your Help During Pride!

Want to show your support for transfolk? Attending S.F. Pride? See beer as a fundraising tool? Help staff TLC's beer booth during Pride! The Transgender Law Center will staff a beer booth on Sunday, June 28, during the 39th Annual San Francisco LGBT Pride Parade & Celebration. All proceeds will benefit TLC's work on behalf of the transgender community.

To volunteer to help staff the TLC Pride Beer Booth, please e-mail TLC Board Member (and BALIF Board Alumnus) Shay Aaron Gilmore at sgilmore@cbmlaw.com with the following information:

* Your name

* Your cell phone number (or e-mail address if you do not have a cell phone)

* Whether you have been certified by Alcoholic Beverage Control in the last three years (don't worry if you have not yet been certified)

Effective May 11, 2009, the California Department of Motor Vehicles (DMV) changed the process for changing your name and gender marker on your California Driver’s License. There is no longer a single form that you can use to simultaneously change both your name and your gender. From now on, you must submit a form DL 329 to change you gender, and a form DL 44 to change your name.

To change your gender on your California driver’s license:

1. Obtain the DMV Medical Certification and Authorization (Gender Change) Form DL 329 available at http://www.dmv.ca.gov/forms/dl/dl329.pdf

2. The DL 329 must be completed by a licensed U.S. physician or psychologist.

3. The physician or psychologist must designate whether your “gender identification” and “demeanor” are male or female.

4. The physician or psychologist must also designate whether your gender identification is “complete” or “transitional.” However, only a licensed U.S. physician (and not a psychologist) can certify that your gender identification is “complete.”

5. If your physician or psychologist indicates on the DL 329 that your gender identification is “transitional,” you must submit a new form DL 329 every 5 years. If a new form DL 329 is not submitted, your original gender marker will be restored.

6. If your physician or psychologist indicates on the DL 329 that your gender identification is “complete,” you will not be required to submit new information about your gender to obtain a new or renewed license.

** Please note that you still do not need to have SRS to change your gender marker on your driver’s license!

To change your name on your California driver’s license:

1. Obtain and complete the Driver License or Identification Card Application form DL 44. The Form DL 44 is available only at your local DMV office. Note that you may need to provide additional documentation to ensure that the name provided on the application is your true full name.

2. The most common and acceptable form of additional documentation is a court-ordered name change.

3. Other types of acceptable additional documentation include a birth certificate, passport, military ID card, U.S. naturalization certificate, American Indian card, or U.S. citizenship card. Birth and identity documents from other countries may also qualify. HOWEVER, this additional form of identification must state your current true name as you want it to appear on your driver’s license. It cannot be your birth or other former name.

4. Other types of acceptable information include official judicial decrees such as: an adoption decree; a marriage certificate; a dissolution of marriage certificate; a domestic partnership registration certificate or declaration; or a dissolution of domestic partnership certificate of judgment. Again, this additional form of identification must state your current true name as you want it to appear on your driver’s license. It cannot be your birth or other former name.

To change both your name and your gender on your California driver’s license:

1. Complete both form DL 329 and form DL 44 as well as attach additional proof of identity to form DL 44 such as a court-ordered name change.

If you have any questions, or if you need assistance, TLC will continue to offer assistance obtaining court-ordered name and gender changes.

TLC Phone System updated

After much hard work by Transgender Law Center staff and Board members, TLC has recently updated its phone system with the installation of a fully integrated system. The new system will make communication between TLC and community members much simpler, easier and more efficient. As part of the conversion, we will be phasing out some of the old phone numbers and converting to an extension-based phone list.

The general number for TLC is still 415-865-0176.