Trans people need more help

  • Wednesday December 14, 2016
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If you were to die tomorrow, what name would the authorities use to identify you? Usually it would be your birth name or legally changed name. But if you're a trans person who hasn't legally changed your name, the coroner's office most likely will identify you by your birth name. This occurred last week with the identification of several trans victims of the tragic Ghost Ship fire in Oakland. The San Francisco Chronicle even published a story about "deadnaming" and how upsetting it is to a lot of trans people and the friends of those who were lost. Tiffany Woods, a trans woman who works with East Bay law enforcement on trans issues, deserves credit for the sensitivity shown by the Alameda County Sheriff's Office, which oversees the coroner's bureau, in releasing the names of Ghost Ship victims. Yet even the final official list included the birth names of two trans victims, followed by the names they had chosen to use in their daily lives.

In short, it's important for trans people to take the legal steps necessary to change their names and obtain correct identity documents, such as driver's licenses and passports. And with the uncertainty and anxiety many of us feel over the incoming Trump administration, there is no time to waste. Which is why it's surprising that established trans legal organizations have so far done little in this regard, either by hosting clinics or offering drop-in advice to people. Locally, Christina Ann Marie DiEdoardo, an attorney in private practice, was so fed up she held her own clinic in Berkeley earlier this month. And Gwendolyn Ann Smith, the Bay Area Reporter 's longtime Transmissions columnist, last week alerted readers to www.translawhelp.org, which serves as an online database of legal resources for the U.S. The website also helps trans people who cannot afford the cost of these documents – obtaining a passport runs nearly $200 with the fees and birth certificate requirements. And the website is also connecting people with lawyers and others willing to help.

As we wrote over a year ago, we're struck by the lack of help the Oakland-based Transgender Law Center is providing, in general, when it comes to name changes. Shortly after the election, we were referred to links on its website when we asked if the agency would be holding a clinic on identity documents. While that information is valuable – and some people can probably take it from there – we're concerned about those who don't have the resources or wherewithal to take the initiative.

We received some blowback after last year's editorial from TLC supporters who thought we were being too critical of an organization that serves the trans community. But we would argue that if we won't publicly call agencies out, change may not happen. It may not happen even when we do, as seems the case now, but it's better than remaining silent.

Our editorial had suggested TLC fundraise for a grant program that would cover court fees for name changes. If the organization had taken action, a grant program could have been up and running by now.

After the election TLC Executive Director Kris Hayashi issued a statement that rightfully praised the trans community. "And at Transgender Law Center, we have long been committed to building up the strength and capacity of our communities even as we fight for policy, legal, and culture shifts," Hayashi stated. "That is why all of our programs and strategies prioritize developing robust leadership and strength across our communities and movements, rather than relying on the status quo. Now more than ever, this moment calls on all people who care about justice to find new ways to partner, work in coalition, and build across differences."

Hayashi and TLC should be helping trans people now in this time of uncertainty before the next administration takes office.

President-elect Donald Trump's nominations for Cabinet positions are people who either oppose or may not have much experience with the federal agencies they will be overseeing. Representative Tom Price (R-Georgia), the nominee for Health and Human Services secretary, has worked in Congress to repeal the Affordable Care Act. Imagine what he'll do once he's running one of the largest federal departments – and the impact that could have on trans patients. Trump's pick for labor secretary, fast-food magnate Andrew Puzder, opposes minimum wage increases. Retired Marine General John Kelly was chosen to run the Department of Homeland Security, which oversees the Transportation Security Administration – an agency that has been ineffective in ending bias against trans airline passengers. Rex Tillerson, the Exxon Mobil CEO, was selected this week as secretary of state. He's received an "Order of Friendship" medal from anti-gay Russian President Vladimir Putin and, if confirmed, would oversee the State Department, which issues U.S. passports.

There is less than a month before Trump is sworn in as president. Now more than ever there is no time to waste for trans people who want to secure identity documents that match their name and gender. At least TLC is hosting a webinar this Friday, at 10 a.m., focused on updating federal documents (www.transgenderlawcenter.org). That's a great first step. But more is needed – especially for those without web access – so that trans people won't be caught in the crosshairs of the Trump administration.