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Sara Davis Buechner and the House of Commons

11/26/2012

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I am proud to send along the speech my friend Sara Davis Buechner gave to the House of Commons about proposed amendments to add 'gender identity' to the Canadian Human Rights Act.  Though trans people have been consistently successful in challenging discrimination using the ground of 'sex', 'gender identity and gender presentation' will alert the Canadian public about the existence, and mistreatment, of trans people.
Statement by Sara Davis Buechner

for 20 November 2012

 Ladies and Gentlemen, of the House of Commons:

 I am humbled and honoured to speak to you today, and I thank you all for your             time and kind consideration.

 My name is Sara Davis Buechner, and I am an American classical concert     pianist. Since 2003 I have been a Professor of Music at the University of British Columbia in Vancouver, and I regularly travel around North America and Asia  performing concerts when I am not in Vancouver teaching a class of some 15 aspiring pianists of world-class caliber. 


After graduating from the Juilliard School in 1984, I gave a very successful debut in New York City, and in 1986 I was the top American prizewinner of the International Tchaikowsky Competition in Moscow. I received a lovely letter from  President Ronald Reagan congratulating me on that honour. Some years later I   also played at the White House for President and Mrs. Clinton, and have a nice  photo on my   wall of myself meeting them.

 At the age of 37, after a lifetime of questioning and fear, I was diagnosed with gender dysphoria and transitioned to my correct gender, which is female. My pianistic skills changed not one bit, yet suddenly my concert schedule went from   about 50 appearances a year to 2 or 3, and the conservatory in New York where I  was a popular teacher decided my skills were no longer needed. With limited means of supporting myself, I took a job teaching piano to children at an upstate New York music school, for $600 a month. I counted myself lucky. Many of the   transgender people I knew were completely unemployed, and some were  homeless.

I learned to endure frequent verbal and occasional physical harrassment as part  of the price of my personal integrity, even in a city of such cosmopolitan nature as New York. One evening I was the victim of an attempted date rape, at the  hands of a man who assumed I must be a sex worker. I didn’t bother to go to the   police, because I didn’t want to be harrassed by them, too. They would also have assumed I was a tranny sex worker, and deserved what I got.

 In an effort to find meaningful employment, I applied to some 30 American colleges and universities with music openings, and was rejected by all. One  professor from Rutgers University asked me if it was safe to leave me unchaperoned in a room of undergraduates.

 But I was called for an interview when I applied for the open piano position at  UBC in Vancouver. I was astonished, pleasantly, to find that their music department was concerned only about two things -- my musical ability and my pedagogy. When I got the job, I was really overcome by emotion on two levels.      One, I would be able to pay my bills. Two, I realized that Canada was leading the  world in its understanding and support of basic human rights.

I have lived in Vancouver since 2003 with my Japanese spouse Kayoko, whom I  could not legally marry in the United States. We are reminded of our second-tier status every time we travel to the USA, because American border agents force    us to stand in separate lines for processing. They say we are not married.

 
Bill C-279 assures protection for people like myself with gender identity or gender    expression needs. These needs are not willfull, of passing choice, or ignorable.    For trans- and cross-gendered folks, these are matters of life and death. Of living  openly, honestly, and freely, without fear of extra prejudice, malice, or worse,  violence. We do not need extra rights. We need the same rights as our Canadian   brothers and sisters of all races, creeds, denominations, and identity.

 I have lived in a country where those rights are not protected. Where I was      turned down for housing with no explanation whatsoever, and no legal recourse. Where I was fired from a job with no possibility of compensation. Where I was called names on the street, and scared to ride the buses and subways. Where I  was laughed at by government officials, when applying for a name change.

            * * *

As a child, my favorite composer was Wolfgang Amadeus Mozart. When I was eight years old, my grandmother, an accomplished seamstress, made me my   very own Mozart coat and frilly blouse. She did -- purple velour, and plenty of    lace. I was proud of that coat and blouse, and it felt natural to me when I wore it.      Which I did, to elementary school one day, where I was beaten savagely by my  male classmates. The coat was ripped up, and there was blood on the   blouse. My glasses were broken right in the middle, too. My teachers did nothing  to protect me, or my fledging gender expression. My parents, however, were sent a note from the school principal, advising them that their son was not to wear girl’s clothing to school ever again.

I know that some of you harbour concerns about transgender people in our public      bathrooms, fearful of cross-dressed rapists lurking in stalls. To my own  knowledge this has actually never happened anywhere, ever, in the entire North American continent. On YouTube, however, you can find a few stomach-turning   videos of transgender people being beaten within an inch of their life in public bathrooms, by bigots who don’t like the way they look. During the five years I      lived as a woman before being able to afford surgery, I was one of those people  who risked a beating every time I went to relieve my bladder. If I had walked into    the men’s room, I would at best have been re-directed, or at worst seriously       injured. Trans-folk go to the washroom to relieve their bladders behind closed doors in privacy, just like anyone else.

  In terms of gender appearance and expression, I can talk for a long time about  friends of mine who are inter-gendered, bi-gendered, people of one gender who nonetheless look like they are another. My dear friend Hsia-Jung with surgically-removed breasts who cries when called    “Sir,” which is often. My female friend         Sheila whose voice is two octaves lower than mine.  I get called “Sir” on the  telephone; It’s not a big deal. I’m happy to explain my own story to help people understand who we trans-folk are. We are just, as they say in music, the   Variations on the Theme -- the Human Theme.

 I will let other, more statistically informed witnesses here, speak to the numbers         of trans-folk who experience harrassment, discrimination, violence, or death --    either as murder or at their own hand. I know it all first-hand. In my uneducated       fear, as a young adult, how many times did I drink up with pills, hoping to die,      because I did not understand why I felt as I did, or know what to do about it. Now  I thank God every day of my life, that I have lived 15 years since becoming  female, in internal peace, happy to be real to myself and to the world. I am fortunate to be married to a wonderful spouse, fortunate to see my brother’s two beautiful daughters grow up -- they love their Aunt Sara and I love them.          
Fortunate to be alive and around to help my aging parents. Fortunate to be  teaching wonderful students, fortunate to be making music again, talking to audiences and playing the piano for folks in Vancouver, Victoria, Kelowna,  Winnipeg, Red Deer, Edmonton, Montreal, Timmins, Toronto, Guelph, too many  other towns large and small to include right now.

 
Fortunate to be living In the most progressive and humane and beautiful country I  know, Canada. I am beyond grateful to be able to make my home here with dignity and integrity. And I am confident too, that my fellow Canadians will see   the importance and necessity of passing Bill C-279, to help all of us to live in safety and equality.

 

            Thank you.



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We're not there yet: Colombian legislator says gay sex is dirty and revolting; lesbian sex is 'inane'

11/24/2012

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Gay Star News reports that Conservative Senator Roberto Gerlein  has gone on a homophobic attack to express his opposition to gay marriage, currently being debated in Congress.  Typically, Gerlein says 'I have to accept these people because they are humans, I can't have prejudice against them,' but he also said that he can't 'be enthusiastic that these people' should be able to marry.'

  'I am repulsed by the fact that two men could share a bed. Gay sex is an act that is dirty and revolting'. He went on to say that 'a bed shared by two women never worried me because that type of homosexuality is inane'.

As a response to Gerlein's comments and to show solidarity in support of gay marriage, LGBT rights groups in the capital city are staging a kiss-in in Plaza de Bolivar on 27 November at 11 am.



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Passing it on: lesbian history

11/16/2012

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from the Vancouver Observer:
Vancouver's Lesbian History Project Historians Elise Chenier and Nadine Boulay are proud to announce the launch of a major project documenting Vancouver's lesbian cultural and political past. During this open public meeting we will explain how you can participate. Please come and share your knowledge of Vancouver's lesbian past, and bring photos, flyers, and other memorabilia to share. Everyone is welcome! If you have any questions, please email Nadine Boulay at nm.boulay@gmail.com.

Sunday, 25 November 2012 from 1:00 PM to 4:00 PM (PST)

Simon Fraser University, Harbour Centre, Room 1315
515 W Hastings St
Vancouver, BC V6B 1M1
Canada





Nov 25th, 2012 1pm-4pm SFU Harbour Center, Room 1315, 515 W Hastings Street
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Buddies with Benefits:  Ministry loses claim that roommates were common law

11/15/2012

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The Ministry of Social Services and Housing has, alas, cottoned on to the fact that two people of the same gender living in one apartment may be common law partners.
The serious downside is that the Ministry takes into account your "partner's" income and may disentitle you to social assistance benefits in that situation.
That's what happened to Mr. Street, who lived with another man in Vanderhoof. He was actually charged with fraud, because, according to the Crown, he had lied when he said that he was not living with anyone.  The judge dismissed the charge, noting that he had responded to a question "Marital status - single, never married" appropriately since at the time same sex partners could not marry.  The judge went on to find that though the two men were living together, the evidence did not establish a common law relationship, even if the two were "buddies with benefits" as the court put it, during that time. 
R. v. Street 2012 BCJ #2356 November 15, 2012
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"Quiet enjoyment" of tenancy means no sexual harassment, BC court says

11/15/2012

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BC's highest court has decided that sexual harassment IS discrimination on the basis of sex.
This is earthshaking news (didn't we always think this?) only because the court below had held that a tenant could not claim sex discrimination "merely" because her landlord had given her unwanted gifts, made inappropriate comments to her, put his hands on her buttocks, and once made a derogatory comment about a male visitor.
Happily the BC Court of Appeal says that a tenant has a right to quiet enjoyment of her home in the same way that a worker is entitled to a work environment free of harassment; and that this does not include harassment by the landlord.  The landlord in the case will now have to pay the $100000 awarded by the BC Human Rights Tribunal.  The Court also said that iIt was open to the Tribunal to infer that the respondent sexually harassed the appellant because she was a woman, without any evidence of how the respondent treated male tenants.
Friedmann v. MacGarvie, [2012] B.C.J. No. 2314




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Not an appealing decision

11/9/2012

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Bethany Smith was a 23 year old lesbian, who experienced severe harassment in the US army because of her sexual orientation,  the extent that she feared for her life and came to Canada, where she filed a refugee claim.  Canada has said no.
Her claim was refused by the Refugee Protection Division because they said Smith had not established a serious risk of persecution nor rebutted the presumption of state protection. 
She applied for judicial review (an appeal); and won.  The matter was sent back before another Refugee Protection Division member, and refused again.  Smith took a second judicial review; it was denied.  She appealed that denial to the Federal Court of Appeal, who refused to interfere. 
So Smith is out of luck.
Canada is much less likely to recognize claims from U.S. citizens who claim refugee protection than, for example, in the days of the Vienam war. 

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Ontario Transsexual wins $22k plus lost wages from Human Rights Tribunal

11/2/2012

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An Ontario transsexual woman won $22,000 in addition to back wages, for harassment she received from her employer while she was transitioning.  She worked in the packing company as a shrink wrapper.  Her coworkers treated her very disrespectfully; management did nothing.
The employer refused to let her use the women's washroom till she "proved" she was a woman; and wouldn't change her shift so she could avaoid harasssment in the men's changing room.  Ultimately the manager fired her.
Vanderputten v Seydaco Packaging Corp [2012] OHRTD No 1946


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November 02nd, 2012

11/2/2012

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In a progressive judgement, the Federal Court of Canada has decided that there is an  an obligation upon the Refugee Protection Division  to specifically discuss why the Applicant, as a homosexual living in a place where it has been demonstrated that homosexuals are harassed, would not be subjected to persecution as she cannot live her sexual orientation openly. Some GLB refugee claims are thrown out because a person cannot prove that they are queer.  Here the applicant proved that, and also proved that in her home country queers faced persecution.  This is an important case because it says that it is up to the government to show she would be safe returning home, rather than up to her to demonstrate that she would be in danger.  C.C.F. v. Canada (Minister of Citizenship and Immigration), [2012] F.C.J. No. 1346


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Malaysian transsexuals lose court case

11/2/2012

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The BBC reports today that four Malaysian transsexual women have lost their challenge to a Sharia law making it an offence to wear women's clothes.  The four had all been arrested several times for wearing women's clothes.  They had gone to a secular court to have the Sharia law overturned, on the ground that it offended freedom of expression and gender protection.  But their application was refused. 
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Mistaken Identity:  when a woman is read as a man

11/1/2012

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Sheila Gilhooly has published a fabulous new book, "Mistaken Identity" , stories about her life being (mis)taken for a man.  Though cisgendered Sheila is read as male about 70% of the time.
The stories are chilling, hilarious, triumphant. 
There will be a launch at Little Sisters - we'll keep you posted.  And the book is available for preview - go to Sheila's website
http://sheilagilhooly.wordpress.com, and click at the bottom of the page.
Full disclosure: I am Sheila's partner and wrote the afterword. 

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