Law, Lawyers and Legal Issues

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Comment by Dana Alise Doyne on October 23, 2009 at 11:56pm

Laws are Great and the more that are passed for Inclusion in our world the better . I would like to add All of the people that read about Dana A Doyne and follow the links to this site Trying to learn more about me can always ask me personally. please feel free to leave a Msg on this site or other places that lead to My name.In short form I was diagnosed with Gender Identity-disorder of childhood simply put children grow into adults, adults learn to over come fear that was instilled growing Up. So lets work together and get to work. I can start this Morning call me.

Comment by Kara Schickowski on February 3, 2009 at 10:13am

FOR IMMEDIATE RELEASE
January 27, 2009
Media Contacts:
Victoria Neilson, Esq.
Immigration Equality
w. 212-714-2904 x. 25
vneilson@immigrationequality.org
Kristina Wertz, Esq.
Transgender Law Center
w: 415-865-0135
kristina@transgenderlawcenter.org

Groundbreaking legal guide to assist transgender immigrants

The American Immigration Lawyers Association (AILA) has released the
first immigration law practice manual for attorneys representing
transgender clients. Immigration Law and the Transgender Client ,
co-authored by Immigration Equality and the Transgender Law Center
(TLC), provides practical advice and information to assist attorneys
representing transgender immigrants.

"We are proud to publish this groundbreaking manual dealing with the
intersection of two dynamic areas of law - transgender civil rights
and immigration law," said AILA Publications Director Tatia L.
Gordon-Troy. AILA is the national association of over 11,000 attorneys
and law professors who practice and teach immigration law.

"Every day we hear from transgender immigrants who face incredibly
complicated legal issues. From obtaining corrected identity documents,
to fighting for marriage recognition, to seeking asylum to escape
persecution, transgender immigrants need well-trained legal counsel,"
said Victoria Neilson, Legal Director of Immigration Equality.

Transgender immigrants often face overwhelming legal issues, and all
too often the attorneys who want to help them, just lack the resources
they need. Immigration Law and the Transgender Client addresses unique
issues faced by transgender immigrants and those in bi-national
relationships, including identity documents, asylum, detention, and
marriage-based petitions.

"This area of the law is so specialized that LGBT civil rights
attorneys often lack the immigration expertise to properly advise
transgender immigrants, and immigration practitioners lack the
cultural competence and understanding of transgender legal issues to
adequately represent these clients," said TLC Legal Director Kristina
Wertz. "The immigration practice manual seeks to close that gap."

Edited by Neilson, the manual provides an unprecedented resource for
attorneys seeking information about the unique needs and issues faced
by transgender clients. "Victoria Neilson's expertise in this field is
now more accessible to immigration attorneys and will foster a new
cadre of attorneys with similar expertise," said Gordon-Troy.

Immigration Law and the Transgender Client can be purchased from the
American Immigration Lawyers Association at
http://aila.stores.yahoo.net/transgender.html for $69 ($49 for AILA
members). An online version can be accessed at
http://www.immigrationequality.org/template3.php?pageid=1135 .

Immigration Equality is a national organization that works to end
discrimination in U.S. immigration law, to reduce the negative impact
of that law on the lives of lesbian, gay, bisexual, transgender and
HIV-positive people, and to help obtain asylum for those persecuted in
their home country based on their sexual orientation, transgender
identity or HIV-status.

The Transgender Law Center (TLC) is a civil rights organization
advocating for transgender communities. TLC uses direct legal
services, education, community organizing, and advocacy to transform
California into a state that recognizes and supports the needs of
transgender people and their families. www.transgenderlawcenter.org
.

Transgender Law Center and Immigration Equality would like to thank
The Arcus Gay and Lesbian Fund for their support of this project.
www.arcusfoundation.org


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Transgender Law Center is a 501(c)(3) nonprofit organization.

Transgender Law Center
870 Market Street #823
San Francisco, CA 94102
415-865-0176
www.transgenderlawcenter.org

Comment by Dana Alise Doyne on February 3, 2009 at 9:31am

I just want to say:That after the passing of my x,everyone in her family was going after custody of our three daughter's on the ground's that because i was a transsexual female,I would be a bad role model and parent,I received positive feedback from the pinellas county Sheriff's office Dept of children&Family's abuse investigation unit.in florida.that their office doe's not discriminate against the gblt&q community.this is the answer that the family in question received. by the investigator handling the complaint against my x wife before her passing away.For me hearing this from this officer validated my role in my children's live's and gave me strength at one of the most difficult time in my life.I have been a full time trans mom for eight months now.this is the happyist time sustained i,v been in eight year's .just never stop see your children it is probably the one deciding factor in a legal case. your relationship with your children .I wish you all well .Dana

Comment by Samir Luther on September 28, 2008 at 10:25pm

today's NCTE call with Sharon McGowan of ACLU and Diane Schroer was pretty interesting. i wonder what the lawyers in the group (i focus on legal issues, but am not a lawyer) are particularly intrigued by this decision?

Comment by Denise E. Brogan-Kator on September 19, 2008 at 5:50pm

Transgender Veteran Wins Sex Discrimination Lawsuit Against Library of Congress

Federal Court Sides With ACLU, Ruling That Refusing To Hire Transgender People Is Discriminatory

FOR IMMEDIATE RELEASE

September 19, 2008

Contact:
Paul Cates (212) 549-2568
Cell (917) 566-1294

WASHINGTON, DC -- Today a federal judge ruled that the Library of Congress illegally discriminated against a Special Forces veteran when she was denied a job after announcing her intention to transition from male to female. In a groundbreaking decision, the court ruled that discriminating against someone for changing genders is sex discrimination under federal law.

“It is especially gratifying that the court has ruled that discriminating against someone for transitioning is illegal,” said Diane Schroer, the plaintiff in the case. “I knew all along that the 25 years of experience I gained defending our country didn’t disappear when I transitioned, so it was hard to understand why I was being turned down for a job doing what I do best just because I’m transgender. It is tremendously gratifying to have your faith in this country, and what is fundamentally right and fair, be reaffirmed.”

In reaching its decision, the court ruled: “The evidence established that the Library was enthusiastic about hiring David Schroer – until she disclosed her transsexuality. The Library revoked the offer when it learned that a man named David intended to become, legally, culturally, and physically, a woman named Diane. This was discrimination ‘because of . . . sex.’”

The court compares the discrimination faced by Schroer to religious-based discrimination, saying, “Imagine that an employee is fired because she converts from Christianity to Judaism. Imagine too that her employer testified that he harbors no bias toward either Christians or Jews but only ‘converts.’ That would be a clear case of discrimination ‘because of religion.’ No court would take seriously the notion that ‘converts’ are not covered by the statute.”

“The court got it exactly right, sending a loud and clear message to employers everywhere: if you fire or refused to hire someone for transitioning, you are guilty of sex discrimination and may well find yourself liable,” said Sharon McGowan, one of the ACLU LGBT Project staff attorneys who tried the case.

The court also ruled that the Library was guilty of sex stereotyping against Schroer because she failed to live up to traditional notions of what is male or female.

The ACLU filed the lawsuit against the Library of Congress on June 2, 2005. After retiring from the military, Schroer, who had been hand-picked to head up a classified national security operation while serving as a Special Forces officer, applied for a position with the Library of Congress as the senior terrorism research analyst. Soon thereafter she was offered the job, which she accepted immediately. Prior to starting work, Schroer took her future boss to lunch to explain that she was in the process of transitioning and thought it would be easier for everyone if she simply started work presenting as female. The following day, Schroer received a call from her future boss rescinding the offer, telling her that she wasn’t a “good fit” for the Library of Congress.

The lawsuit charged that the Library of Congress unlawfully refused to hire Schroer in violation of Title VII of the Civil Rights Act, which protects against sex discrimination in the workplace. The Library of Congress moved to dismiss the case several times, claiming that transgender people are not covered under Title VII of 1964. After a trial last month, the court rejected those arguments and ruled that the Library illegally discriminated against Schroer in violation of Title VII. The court's decision indicated that the next step in the case will be further proceedings to determine the appropriate remedies for this discrimination. Those remedies may include ordering the Library of Congress to hire Schroer, award back pay for the wages she lost or provide monetary compensation for the injury caused by discrimination.

“I very much hope that this ruling will help to eliminate the all-too-pervasive discrimination against gender non-conforming people in all areas. I hope too, that employers, family members, friends and co-workers will begin to understand variations in gender identity from a basis of knowledge and not fear,” added Schroer.

In addition to Schroer, the legal team consisted of Ken Choe, Senior Staff Attorney for the ACLU LGBT Project, James Esseks, Litigation Director for the ACLU LGBT Project and Art Spitzer, Legal Director of the ACLU of the National Capital Area.

A copy of the decision, the complaint, a video, a bio and photographs of Diane Schroer are available at: www.aclu.org/caseprofiles.
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