In “When a Man Loves a Woman,” ol’ school crooner Percy Sledge wrote that he “can’t keep his mind on nothin’ else.” But what happens when a man becomes a woman? What legal rights should attach to that transgender person? And what legal rights should people who interact with or unknowingly have sex with the transgender person have?
Out here in California, the high profile murder trial of several men accused of killing a transgender person named Gwen Araujo has just concluded. Here is the full story of Araujo’s death. Here are the key excerpts: “The events leading up to Araujo’s death were the subject of a pair of criminal trials in which it was alleged that the attackers were angered by the discovery that Araujo — who, at the time, was living as female — was biologically male. In the most recent trial, two of the defendants were convicted of second-degree murder, but the jury concluded that no hate crime was committed. After the victim had had “sexual relations” with a group of friends, it was discovered, by forced inspection (conducted by one of her assailants and his girlfriend), that Gwen had male genitalia (i.e., a penis). As rumors circulated, the men that she had sexual relations with became extremely agitated. The men, who had already begun to question Gwen’s sex the previous week, revisited the idea of killing her. Once it was discovered that Gwen Araujo was biologically male, she was struck on the head with a soup can and then struck again with a frying pan causing a gash to her head. The blow was so forceful that her head broke a hole through an adjacent wall. Gwen was then taken to the garage of the home, where she was strangled by rope.”
The pepetrators in the Araujo case asserted the so-called “Gay Panic” defense. The rationale behind the argument is that a non-homosexual person can become so offended or outraged by a sexual or romantic interest that is perceived to be homosexual that he or she is driven temporarily insane and commits an act that would not otherwise be of his or her character (such as murder). The defense often sparks outrage within the gay community when it is used, where it is attacked as “blaming the victim.”
Transgender rights are a hot legal issue, and the transgender community is very aggressive on the legal front. In Los Angeles, a beauty school was sued for denying admission to a transgender invidual because the school could not decide which bathroom the person should use. “Though most of the settlement terms are confidential, plaintiffs’ lawyer Gloria Allred said the Marinello School of Beauty would be providing a unisex bathroom with a lock for her client. Identified only as “Sandy,” the client lives as a woman, though she is legally a man.”
Here is an article on the gay panic defense from the Gay and Lesbian Times.
TheStateOf…Transgenders:
On legal rights: My view is that transgender folks should be entitled to the same rights as everyone else, but that there should also be a more leeway for the public, employers and co-workers. In reality, if my boss (a man) switched sexes tomorrow, I’d be wierded out, and so would everyone in this office–and rightly so. It is reasonable to assume that we might act differently towards him because, after all, he has become a different person. I think employers and co-workers should face much less liability in these types of cases because the switching of a person’s sex is a highly unusual event that draws substantial human reaction, even from the most open-minded people. Furthermore, I don’t think employers should have to create new, “unisex” bathrooms for transgender people. That’s insane.
On the “Gay Panic” defense: For the most part, I believe that men who have sex with transgender “women” actually know that the person is transgender. The men, in my opinion, are probably gay (or really desperate) and just don’t want to admit it to themselves. Then, when someone else finds out, they get all macho and want to kill somebody. When it comes to the “gay panic” defense, nothing excuses killing. BUT, shouldn’t the transgender person know better? Shouldn’t the transgender person be obligated to notify its sex partner of their true gender status? Isn’t it reasonable to assume that a man who has been misled about the gender status of someone with whom he has had sex would become extremely angry? HIV positive persons are obligated to notify sex partners of their HIV status prior to unprotected sex or they could face manslaughter charges. Shouldn’t there be a similar legal obligation for transgenders? Should a man who has been tricked be able to sue the transgender person?
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