Important Piece Of Information

[Guest Jennifer2111]

I'm no Lawyer, but I did take History and have read plenty of Legal Documents to know what I'm talking about.

This information is useful to anyone who wants to take action and have equal rights.

Right now every state in the United States who here by discriminates against the Transgenders and LBGT community are actually breaking the law.

How?

Well, if you take a look at the US Constitution, you'll see that In Amendment 14 it clearly states:

Amendment 14 - Citizenship Rights. Ratified 7/9/1868. Note History

1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

So, you see the states are actually breaking the law, because it doesn't matter what sex you are, if you're a US Citizen who lost their home, job, or life over discrimination by the state. I don't know exactly if this could work against employers, but it is certainly a good thing to look at.

Hope this helps anyone who has experienced discrimination against the state (this law would include individuals who work for the government and discriminate you as well.)

Regards,

Jennifer

[Guest ChloëC]

Jennifer, from my understanding transgendered people are using the 14th amendment, but only against specific state governmental bodies because that amendment only applies to state governments themselves. It doesn't apply at the Federal level (which is why Don't Ask Don't Tell was considered legal and why the repeal was absolutely necessary), nor does it apply in private business. So if some transgendered person is working for a state level office or function and is treated differently than others, that person can probably sue using the 14th amendment.

The trouble there is that it is usually up to the one doing the suing to hire a lawyer and pay for the services until a verdict is rendered. And often, trans people are discriminated against using a variety of reasons that ostensibly are not equal rights related. A boss will say they weren't performing, they were disruptive, or some other issue. And then it's up to the trans person to prove them wrong. That's very difficult unless you can find memo's emails etc, that document a pattern of discrimination. Very sharp people cover their trail.

It's a good law, and one that should be expanded to the Federal level and the private business level, just the same as race, religion, ethnic background, skin color, and (sometimes) sex.

Hugs

Chloë

[Guest Mina89]

Not to be cold, but codes written in and amended to the constitution are routinely contradicted by federal and state laws. Look at RICO if you want an easy example. It's like conspiracy charges but easier to convict with and it violates the "innocent until proven guilty" assumption of common law. But hey, no one likes mobsters. Gays and Lesbians were also excluded from the protections of the 14th amendment until a few years ago, and segregationist policies were put into place against African Americans not long after this amendment was added. Cis-women were excluded until the early 20th century.

It is, unfortunately, up to federal courts to strike down unconstitutional laws and up to our congress to include us specifically in order to punish private agents for discrimination. I don't suspect either of them will be taking any such initiative on our behalf in the near future.

-Valerie

[Guest Emily Ray]

In a recent federal decision wher a trans woman was hired and when she informed them of her intention to transition the withdrew her offer for employment with the library of congress. She sued using the protections against discrimination based on sex part of the civil rights act. Before her case gender presentation was not alowed as part of the definition of sex. Since that the decision and a presidential order the federal government and companies that contract with the federal government can not discriminate against the gender variant.

I am planing on doing a pro se case against the VA for their refusal to pay for gender conformation surgery because it is an arbitrary and capricious Code of federal regulation not supported in law and without any scientific reasoning to support the rule. If they can find a federal law that supports the code it can be challenged on 14th amendment grounds. In california medical must pay for the grs, but they will only reimburse the expense and if you have 15000 dollars in cash you don't qualify for medical. It is an illegal loop hole like the marijuana tax stamp. You can only get one if you have the MJ and if you have the MJ and no tax stamp you are in violation of the law. That law was successfully challanged because of its nature. There are many ways to go after our rights. We need more lawyers that are transgender to fight for our rights. You don't need to be a lawyer to use the legal system. I am not one but after my divorce I learned enough about how it works to begin researching how the laws already on the books can be used to our advantage. Becoming a paralegal is a good way to learn how to research and write a legal argument without studying and passing the bar. It can also be done part time and at night.

We can fight back and if we are pro se or doing our own case we can out last any governments abilty to pay to defend themselves especialy in this age of budget crisis all over.

Huggs

Emily