|
|
|
|
Advertising Opportunities Permissions & Licensing Terms of Service Privacy Policy Copyright
|
|
||||||||||||||||||
| Transgender Issues in the Law
Prisons Despite the constitutional right against cruel and unusual punishment, transsexuals who are imprisoned have often been
denied access to hormones, even if they are already taking them, and gender
reassignment/confirmation surgery. However, in the last few years, several
courts have recognized that hormone therapy can be a serious medical need for
someone who is transsexual and required prison officials to allow for prescribed
hormonal treatments. Transsexual inmates also face a tremendous risk of physical and sexual violence from guards and other prisoners. In most instances,
transsexuals who have not undergone genital surgery are housed with prisoners of
their birth sex, which places male-to-female transsexuals, in particular, in
grave danger of assault. Nevertheless, the Supreme Court has largely absolved prison authorities of responsibility for the protection of transsexuals
who are incarcerated. In Farmer v. Brennan (1994), the justices ruled
that prison officials are not liable for violence against a transsexual prisoner
unless they have "actual subjective knowledge" that the transsexual inmate is at
risk and deliberately fail to intervene. Schools Junior high and high schools rarely provide a welcoming environment for students who
identify as transgender or who are perceived as gender different. Yet,
principals, school boards, and state officials have largely ignored the hostile
atmosphere for trans youth. As of 2006, only California, Minnesota, New Jersey,
and Washington have laws that ban harassment against students in public schools
based on their gender identity or expression. Many colleges and universities were likewise initially slow to respond to the needs of transgender
students. A rapidly growing number of schools, though, are now seeking to
protect the rights of transgender students through adding "gender identity or
expression" to their campus nondiscrimination policies. In the decade since the
University of Iowa became the first institution to amend its policy to include
gender identity in 1996, more than 70 colleges and college systems have adopted
trans-inclusive nondiscrimination statements, including the University of
California, the University of Wisconsin, North Carolina State University, Ohio
State University, and all but one Ivy League school. Hate Crimes For more than a decade, approximately one person a month has
reportedly been murdered in the United States because of their perceived gender
identity or expression. Yet transgender people are rarely covered by hate crimes
legislation. While 46 states have hate crimes laws, only ten states include enhanced penalties for crimes committed because of perceived gender
identity or expression: California, Colorado, Connecticut, Hawaii, Maryland,
Minnesota, Missouri, New Mexico, Pennsylvania, and Vermont, as well as the
District of Columbia. Conclusion There is no denying that significant progress has been made in the struggle for transgender rights,
especially in the last decade. Many courts and legislatures no longer dismiss
transgender people and their claims of discrimination as ludicrous. But simply
being taken seriously does not mean that transpeople regularly receive just and
fair treatment. Even a modicum of equality still often remains elusive.
|
|
||||||||||||||||||
social sciences >> Overview: Cross-Dressing social sciences >> Overview: Hate Crimes social sciences >> Overview: Intersexuality social sciences >> Overview: Same-Sex Marriage social sciences >> Overview: Transgender social sciences >> Overview: Transgender Activism social sciences >> Overview: Transgender Issues in Education social sciences >> ACLU LGBT & AIDS Project social sciences >> Chase, Cheryl social sciences >> Gay & Lesbian Advocates & Defenders (GLAD) social sciences >> Gender Public Advocacy Coalition (GenderPAC) social sciences >> Genderqueer social sciences >> National Center for Lesbian Rights social sciences >> Parker, Annise
|
|||||||||||||||||||
| Bibliography | ||
"Best Companies to Work For." www.tgender.net/taw/goodcomp.html. Currah, Paisley, and Shannon Minter. "Unprincipled Exclusions: The Struggle to Achieve Judicial and Legislative Equality for Transgender People." William and Mary Journal of Women and the Law 7 (Fall 2000): 37-66. Minter, Shannon. "Representing Transsexual Clients: Selected Legal Issues." 2003. www.nclrights.org/publications/tgclients.htm. Transgender Law and Policy Institute. "Litigation: Case Law." www.transgenderlaw.org/cases/index.htm.
|
| Citation Information | ||||
| Author: | Beemyn, Brett Genny | |||
| Entry Title: | Transgender Issues in the Law | |||
| General Editor: | Claude J. Summers | |||
| Publication Name: | glbtq: An Encyclopedia of Gay, Lesbian,
Bisexual, Transgender, and Queer Culture |
|||
| Publication Date: | 2004 | |||
| Date Last Updated | May 2, 2007 | |||
| Web Address | www.glbtq.com/social-sciences/transgender_issues_law.html | |||
| Publisher | glbtq, Inc. 1130 West Adams Chicago, IL 60607 |
|||
| Today's Date | ||||
| Encyclopedia Copyright: | © 2002-2006, glbtq, Inc. | |||
| Entry Copyright | © 2006, glbtq, inc. | |||
|
This Entry Copyright © 2006, glbtq, inc. www.glbtq.com
is produced by glbtq, Inc., 1130 West Adams Street, Chicago, IL
60607 glbtq™ and its logo are trademarks of glbtq, Inc. |