Yes, Virginia, there is trans legal history - even though a whole bunch of courts that have gotten hold of trans cases where analysis of transgender legal history would have led to pro-trans outcomes did not seem to have any desire to look at transgender legal history...or to make any effort to look to see if any might exist. |
1955 Illinois transsexual birth certificate statute (excerpt) |
And I won't even mention the lawyers who didn't see fit to present pertinent legal history to those courts (at least not on this page.)
And I really won't mention those members of sexual minorities who attempt to use (note: following the death of the Washington Blade, I had to alter this link; it now goes to a list posting of the article from the original link) the apparent lack of trans legal history to help to justify their efforts to exclude us from anti-discrimination proposals (at least not on this page.)
But I really do need to point out one important thing: Nothing on this site should be construed as legal advice. I have opinions - and I do express them. However, (1) some of those expressed here are political, rather than legal in nature; and (2) I am stating, as explicitly as I can, that this site is not to be used in and of itself as legal advice or a substitute for it. Yes, I hope that the information here will aid legal professionals - but they have to make the call as to what here (if anything) is useful for a particular case, such as yours, whatever the case may be about. If you have a legal question, then please find an attorney. Yes, I know that finding one who can adequately represent a trans person can be a monumental task, but try. The alternative could get ugly.
A lot of trans legal history exists. A good bit of it is on the web and a good bit of it is on pay services such as LEXIS and Westlaw.However, a substantial amount of it is hidden to eyes that don't (or won't) look beyond a computer screen. |
Text of the 'Carlson Amendment' to the 1975 Minnesota gay-only rights bill (H.F. 536), as introduced on May 8, 1975. |
Group photo - 2001 Texas Transgender Lobby Days |
Some significant events in the development of transgender law involve documents that aren't of the type that end up in legal databases - trial court decisions, briefs, etc. (and, there's some pure political stuff too.)Others involve legislative history from the pre-computer era. Still others involve near-forgotten references in local LGB(T) newspapers - again from the pre-net era. |
And, even when taking into account things that are on the web, there aren't all that many places where critical bits of information are brought together so that important links and concepts can be seen - particularly regarding transsexual legal history.
So, while I can't encourage people to use the information here to mount their own legal defenses (translation: this website is not intended as legal advice), I can encourage people to take up the challenge made by Susan Stryker in the wake of Barney Frank's ENDAnce in 2007: It's Your History - Use It!
