Sunday, July 20, 2014
"The European Court of Human Rights declared Wednesday that countries can legally require transgender citizens to get divorced before issuing updated identification documents, lest the spouses become a legally recognized same-sex couple, reports U.K. LGBT sitePinkNews."
“They can be cured simply by dressing as a man again," said Negeri Sembilan state legal adviser Iskandar Ali Dewa.
He also told the court yesterday that since this is the case, Section 66 of the Syariah Law which states that a man cannot dress or pose as a woman, is applicable to them.
A medical report from the Ministry of Health however cites GID as incurable and life long.
The Court of Appeal is hearing a case where three transgenders are challenging the unconstitutionality of the Negeri Sembilan state Syariah law which prohibits them from expressing their gender identity.
Their lawyer Aston Paiva also showed the court proof that the Health Ministry signed off the medical reports of the transgenders citing that their disorder is incurable.
“According to psychiatrists from the Kuala Lumpur Hospital, the patients suffering from GID, although born biologically male, are actually female trapped in a man’s body,” stressed Paiva.
Paiva also added that his clients “are in no way challenging Islam but instead are challenging the legislative laws that discriminate them.”
Saturday, July 19, 2014
Evan Seamone & David Traskey, Maximizing VA Benefits for Survivors of Military Sexual Trauma, 26 Columbia J. Gender & Law 343 (2014)
After decades of highly-publicized sexual assault incidents in the military and more recent indications of increasing reports of military sexual assault, Congress and the military leadership are addressing the epidemic of rape and sexual assault in the Armed Forces head-on. While prevention efforts are vital, there is mounting concern for veterans of the Armed Forces who have left the Service following an assault. A major problem facing MST survivors is the fact that a great majority of those enlisted in the Armed Forces have already suffered previous trauma, including childhood sexual assault. The VA’s standards require that mental health conditions either must have been caused or aggravated by military service. Too often, when a survivor discloses prior abuse, this disclosure results in denial of a claim for service connection — even when there is no question regarding the legitimacy of the rape or sexual assault. Authors Seamone and Traskey offer solutions to solve the problem of how to successfully put forth a claim for service-connection, even when the survivor has pre-enlistment sexual trauma. Beyond this, they provide insight on the VA’s own internal regulations and other hard-to-obtain adjudication materials to provide a clear and accurate picture of the VA adjudication process, emphasizing how any MST survivor can maximize her or his chances of success at each step of the process from initial application, through medical examination, to determinations of diagnosis and causation.
The US Department of Education (ED) recently granted George Fox University (GFU) a religious exemption from Title IX to, effectively granting the institution permission to discriminate against transgender student Jayce M. while he was pushing the administration to assign him to a male dormitory on campus.
Thursday, July 17, 2014
From the CBC (Canada)..... Among the voices, one worker with victims of human trafficking said:
"I can't walk into a group home in Canada where [there aren't] children, and these are 14-, 15-, 16-year-old children, whom are being recruited out of there by low-level, small organized gangs and things like this. And in fact these girls are now going in using friending tactics. To go in and get their friends to help them know, 'oh, you can just make a little bit of extra money, you can do this, do that, it's not so bad,'" she said.
"I'm seeing younger and younger persons entering the sex trade."
California Governor Jerry Brown [official website] on Monday signed into law [press release] a bill that will change the language in California's marriage code [text] to accommodate same-sex couples. The bill [SB 1306], introduced by California Senator Mark Leno [official website], proposes that all state-statutory references to opposite-gender couples, such as "husband" and "wife," be modified to apply to same-sex couples as well. SB 1306 comments on the California Constitution's "unenforceable" provision [text] that marriage only be between a man and woman but only addresses similar language in the state's family code relating to marriage. Among the new amendments will be the modification of "marriage" from "a personal relationship ... between a man and a woman" to a "personal relation ... between 2 persons."
Most commentators . . . think that authorities went way too far in arresting Harrell. It angers me, as a citizen, to see the police overreach this way. How is it benefiting this child to be put in the custody of social services? And since I'm a parent, Harrell’s arrest scares me: How can I appropriately parent my child when doing something that seems relatively safe, if out of fashion, can get you arrested?
"We all parent our children different," she said. "That's our right. You're gonna choose something for your child that I'm not gonna choose for my child."
Democrats in the Senate on Tuesday took a major step in pushing back against the growing trend of regulations that are designed to shut down safe abortion clinics. The Senate Judiciary Committee is hearing testimony on a bill introduced by Sens. Richard Blumenthal and Tammy Baldwin, a bill that would do significant damage to anti-choice efforts to go around Roe v. Wade by regulating abortion clinics out of existence. It's called the Women's Health Protection Act, and it would end the attacks on abortion clinics through one simple measure: requiring states to regulate abortion providers in exactly the same way they do other clinics and doctors who provide comparable services. No more singling out abortion providers.
The bill goes into detail about the specific abortion-only regulations that would not be allowed, but the general principle is that if you don't require it for other outpatient procedures, you can't require it for abortion. Want to force women seeking abortion to listen to a script full of lies and then make them wait 24 or 48 hours to think it over? Better be prepared to do the same for people who need colonoscopies. Want to require a bunch of unnecessary visits before a woman is allowed to have a procedure? Now you need to do that for a biopsy, too. Want to force abortion clinics to meet ambulatory surgical center standards and abortion providers to have hospital admitting privileges? Well, dentists will have to meet the same standards before they can drill a tooth. If this bill passes (more on that below), states would be forced to let abortion providers operate in peace or make everyone else—including, gasp, men—endure the same kind of hassles and mistreatment women seeking abortion now have to endure in much of the country.
Carmen Gonzalez (Seattle) and Angela Harris (UC Davis) have posted Presumed Incompetent: The Intersections of Race and Class for Women in Academia:
Abstract:On March 8, 2013, the Berkeley Journal of Gender, Law & Justice hosted an all-day symposium featuring more than forty speakers at the University of California, Berkeley School of Law to celebrate and invite responses to the book entitled, Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González & Angela P. Harris eds., 2012). Presumed Incompetent presents gripping first-hand accounts of the obstacles encountered by female faculty of color in the academic workplace, and provides specific recommendations to women of color, allies, and academic leaders on ways to eliminate these barriers. The symposium held at Berkeley continued the conversation begun in the book through a series of concurrent and plenary panels, poetry readings, and keynote addresses. Selected papers from the symposium were published in both the Berkeley Journal of Gender, Law & Justice and the Seattle Journal for Social Justice (SJSJ). This introduction discusses and contextualizes the papers published in the Berkeley Journal of Gender, Law & Justice. These papers reflect the exhilarating breadth and depth of the discussions that took place during the symposium. Like the papers published in SJSJ, they enhance our understanding of the hierarchies of the academic workplace, and offer additional tools to promote a more equitable and inclusive campus environment.
Tuesday, July 15, 2014
Kim Shayo Buchanan has uploaded "When Is HIV a Crime?" on SSRN. The abstract reads:
HIV criminalization is difficult to justify on the grounds advanced for it: public health and moral retribution. This Article engages with a third, underexamined rationale for HIV criminalization: sexual autonomy. Nondisclosure prosecutions purport to ensure “informed consent” to sex. However, almost all other forms of sexual deception — including deceptions that may jeopardize the partner’s health — are lawful; rape law expressly accommodates an expectation that men may lie to get sex from women. Neither public health nor retributive considerations adequately justify singling out HIV from other, permitted forms of sexual deception. Moreover, most HIV transmission and nondisclosure takes place between men, but a large majority of prosecutions involve men accused of nondisclosing to women. The inconsistency of HIV laws with their ostensible rationales, their arbitrary inclusions and exclusions, and the striking disparities in HIV prosecutions all tend to raise suspicion that discriminatory impulses may be at work.
Criminal laws and their implementation tend to frame HIV as a crime that matters most when it disrupts expectations that non-drug-injecting heterosexuals should be immune to anxiety about HIV. They situate HIV as fairly benign when contained within stigmatized populations such as gay men, intravenous drug users, Africans and sex workers. When HIV-positive people transgress these boundaries and cause heterosexual men and women to worry about HIV, though, this transgression is often punished as a crime, even when the behavior poses no transmission risk. HIV laws and their implementation raise concern that discriminatory fallacies about race, gender and sexuality may shape perceptions of whether, when and why HIV is a crime.
Parliament's art should be subject to a "gender-audit" amid concerns that the paintings and sculptures are too "white and male", a report endorsed by all three party leaders has found.
The All Party Parliamentary Group for Women said that the art in Westminster is "off-putting" for female MPs and warns that the language, culture and ceremonies of Parliament are too "masculine".
The Houses of Commons is ranked 65th in the world for female representatives behind Rwanda, Cuba, Angola and the majority of Latin American and Scandinavian nations.
The report recommends a series of radical steps to redress the balance, including gender quotas and a zero-tolerance approach to "raucous, ill-mannered" and "testosterone-fuelled" behaviour.
July 14, 2014
(Washington, D.C.) Today, the U.S. Office of Equal Employment Opportunity Commission (EEOC) issued its first comprehensive Enforcement Guidance on Pregnancy Discrimination and Related Issues since 1983. The guidance outlines the fundamental requirements of the Pregnancy Discrimination Act (PDA) that an employer may not discriminate against an employee on the basis of pregnancy, childbirth, or related medical conditions; and that women affected by pregnancy, childbirth or related medical conditions must be treated the same as other persons in their ability or inability to work. The guidance also includes the application of the Americans with Disabilities Act (ADA) as amended in 2008.
An excellent compilation of blogging from last week on women's rights including contraception, abortion, sexual assault, pregnancy, and breastfeeding, here at Blogs Looks at Women's Rights after Hobby Lobby, State Abortion Restrictions and More.
According to new research published in Archives of Sexual Behavior, the attitude that women shouldn’t be having sex can at least partly be traced back to the idea that women are supposed to be economically dependent on men. The researchers suggest that this link may drive conservative religious communities’ insistence on sexual purity....
The researchers conclude that this outdated attitude toward women’s pregnancy risks and financial needs hasn’t totally gone away, despite the fact that modern contraception, legal abortion rights, and greater workplace equality have created an entirely different society.
“The beliefs may persist due to cultural evolutionary adaptive lag, that is, because the environment has changed faster than the moral system,” the paper concludes. “Religious and conservative moral systems may be anti-promiscuity because they themselves arose in environments where females depended heavily on male investment.”
Sunday, July 13, 2014
Saturday, July 12, 2014
From the Atlantic:
When Mark and Pam Crawford took their family to Great Wolf Lodge, a water adventure park, for a week’s vacation, their seven-year-old made a request.
“Since we don’t know anybody,” S asked her parents, “can I be a boy?”
The Crawfords, who adopted S at the age of two, had seen signs for years that she did not think of herself as female.
The Department of Social Services had told the Crawfords their child was born with an intersex condition, meaning the baby’s gender was unclear. S's genitals had been surgically reconstructed to look more female.
From the Reproductive Rights Blog, Senate Judiciary Committee to Hold Hearing on Women's Health Care Protection Act
The Senate Judiciary Committee will hold a hearing on S.1696, The Women’s Health Protection Act: Removing Barriers to Constitutionally Protected Reproductive Rights on July 15. The hearing will be live streamed on the Committee's website.
Via the Center for Reproductive Rights:
The Women's Health Protection Act would prohibit laws and regulations that single out the provision of abortion services for restrictions that are more burdensome than those imposed on medically comparable procedures, do not significantly advance women's health or the safety of abortion services, and make abortion services more difficult to access. The bill currently has 34 co-sponsors in the Senate and 121 in the House. It includes a list of regulations that are per se violations, which you can read here. . . .
[T]he US supreme court's Hobby Lobby decision left most women's groups livid. Terry O'Neill, president of the National Organization for Women, called it "a shocking disregard for women's health and lives." The co-president of the National Women's Law Center, Marcia Greenberger, said the ruling gave companies "a license to harm their female employees in the name of religion."
But the Independent Women's Forum (IWF) - a conservative women's group with at least a quarter-million dollars in financial ties to Rush Limbaugh - called the decision "undoubtedly good news". The group's director of cultural programs, Charlotte Hays, told a crowd outside the court, "This is a great day," and called the ruling a victory "for anyone who believes in freedom of conscience." This from the same woman who has written that women shouldn't be astronauts and that rape culture on college campuses is all "inflated numbers" and "hysteria".
This latest crop of female anti-feminists - powerful, Washington-based organizations like IWF and Concerned Women for America - want to repeal the Violence Against Women Act and argue that pay inequity doesn't exist. These organizations, along with a handful of popularwriters and authors, want to convince women that it's men who are the underserved sex. They want to convince you that inequality is just a trade-off.
(Reuters) - A federal judge in New York has allowed a pregnancy discrimination case against a luxury retailer to go forward, in a decision that helps clarify the length of time that women who recently gave birth are still protected under pregnancy discrimination laws.The case involves Katherine Albin, a former clerk at a Thomas Pink clothing store in Manhattan, who alleged that she was turned down for a promotion to store manager because she had recently returned from maternity leave.In a lawsuit filed in June 2013, Albin alleged that she was rejected for the job, which went to an applicant with less experience and who was unlikely to become pregnant due to her age. Albin alleged violations of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act.The two sides have sparred over whether Albin was still a member of a "protected class" -- or one protected by particular antidiscrimination laws -- when she was passed over for the promotion about seven months after her child was born. In its motion to dismiss the case, LVMH Moet Hennessy Louis Vuitton, which owns Thomas Pink, argued that Albin did not fall within the protected pregnancy class because she gave birth to her child seven months before she ultimately quit the job after being passed over for promotion.U.S. District Judge Paul Oetken on Tuesday declined to grant LVMH's motion to dismiss, ruling that Albin had sufficiently shown she may have been protected by antidiscrimination laws because the event that she claimed triggered the discrimination -- her request to be considered for a promotion -- occurred less than four months after she gave birth. She was eventually turned down for the promotion three months later.Case law in the 2nd U.S. Circuit Court of Appeals suggests that the circuit has developed a "loose line" of four months from a child's birth that women can still be considered a protected class for pregnancy discrimination, Oetken wrote.
Thursday, July 10, 2014
“I believe that Goldman Sachs maintains a culture of bias against women. I have witnessed firsthand Goldman Sachs’ pervasive boys’ club culture. I also believe that having children has negatively affected my opportunities for advancement,” wrote one Lisa Albanese, a former vice president in the equities division who says that she was never promoted to the managing director level despite her status as a top performer. “In order to be successful at Goldman Sachs, I had to tolerate offensive language from male co-workers and a boys’ club atmosphere.”
Chen-Oster reports that she was sexually assaulted by a male co-worker at a staff dinner in 1997 and then discouraged from reporting it to human resources. Years later, after taking maternity leave, she says she found all her juiciest assignments handed off to male colleagues. “If Goldman Sachs were a better place for women to work and I thought that I would not be treated differently from men, I would seek a career there,” she writes.
“In my experience, entertaining clients at strip clubs was considered routine for Goldman in the U.S.,” writes Katalin Tischhauser, who worked on the convertible bond desk in London. She describes a visit to a conference in New Orleans in 2001 where her American colleagues took clients to a strip club and paid the strippers to entertain them. According to the complaint, the firm began discouraging new associates from taking clients to strip clubs in 2005 but did so with a nod and a wink, telling them that if they went, they should simply not expense it.