If you are reading this blog, you will find some of my experiences. Enjoy! Sometimes it gets quite interesting.
Friday, December 31, 2010
Recognized at costco
Thursday, December 30, 2010
I hate snow
Monday, December 27, 2010
I got maam'ed again in guy mode
Way too much snow
Sunday, December 26, 2010
12" and counting
blizzard warning
Saturday, December 25, 2010
Let it snow, let it snow, let it snow (somewhere else)
Friday, December 24, 2010
Wish i had found this a week ago
Thursday, December 23, 2010
Its blueberry...
Crackberry... The only way to fly.
Friday, December 17, 2010
Real food...
Thursday, December 16, 2010
owie
Tuesday, December 14, 2010
You know it's cold when...
Saturday, December 11, 2010
More photos uploaded
Friday, December 10, 2010
Jury duty...
Thursday, December 09, 2010
Monday, December 06, 2010
Wigs...
Sunday, December 05, 2010
Ladies Night Out
Saturday, December 04, 2010
Thursday, December 02, 2010
We have a sitter...
Wednesday, December 01, 2010
not happy right now
Tuesday, November 30, 2010
Monday, November 29, 2010
We're going to see Alegria...
Friday, November 26, 2010
The worst movie I've ever seen...
Tuesday, November 23, 2010
Make it stop!!!!!
Saturday, November 20, 2010
Car seat expiration dates... huh???
Thursday, November 18, 2010
Sunday, November 14, 2010
A fun time was had by all
Saturday, November 13, 2010
Saudi court rejects death sentence for TV psychic
Wednesday, November 10, 2010
Monday, November 08, 2010
Monday, November 01, 2010
Saturday, October 30, 2010
Friday, October 29, 2010
Monday, October 25, 2010
Sony retires the cassette Walkman after 30 years - CNN.com
http://www.cnn.com/2010/TECH/gaming.gadgets/10/25/sony.retires.walkman.mashab...
Thursday, October 21, 2010
Wednesday, October 20, 2010
Sometimes it was just meant to be
RIP Tigger
Monday, October 18, 2010
ScientificAmerican.com: Can You Hear Me Now? The Truth about Cell Phones and Cancer
Hmm... makes me think there is something to this.
By Michael Shermer
Physics shows that cell phones cannot cause cancer
http://www.scientificamerican.com/article.cfm?id=can-you-hear-me-now
Grumble...
My next project
Sunday, October 17, 2010
I love my work...
Saturday, October 16, 2010
Perfect night
Crackberry... The only way to fly.
Wednesday, October 13, 2010
Homemade space craft hits 100,000 feet (19 miles)
Tuesday, October 12, 2010
A different take on Christianity...
Sunday, October 10, 2010
Thursday, October 07, 2010
Meeting the boss
Monday, October 04, 2010
Sunday, October 03, 2010
apple & brown sugar sparkling wine???
Friday, October 01, 2010
I love my new boots
Wednesday, September 29, 2010
Miracles
Tuesday, September 28, 2010
Colortration makeup
Sunday, September 26, 2010
First casualty
Strawberry riesling?
Thursday, September 23, 2010
Passing is such a wonderful feeling
Tuesday, September 21, 2010
I love strawberries
Sunday, September 19, 2010
Peaches.. yum
Say cheese
Saturday, September 18, 2010
Get Smart
Thursday, September 16, 2010
I may have found new makeup
in one thin coat and lasts all day. I'll find out in a few days when I
get the order.
NOOOO!!!!
at Walmart. I though the store redesign was the reason i could not find
it, but no... They discontinued the product! Now I need to find another
concealer that works as well and is in my shade and fast before I run
out. It took me years to find this product. This is not a good thing at
all. I am so not happy.
Androgynous - Joan Jett
Androgynous
Here comes Dick
He's wearing a skirt
Here comes Jane
You know she's sporting a chain
Same hair revolution
Same build evolution
Tomorrow who's going to fuss
And they love each other so
Androgynous
Closer than you know
Love each other so
Androgynous
Well don't get him wrong
And don't get him mad
He might be a father
But he sure ain't a dad
She don't need
Advice that they send to her
She's happy with the way she looks
She's happy with her gender
And they love each other so
Androgynous
Closer than you know
Love each other so
Androgynous
Mirror image see no damage
See no evil at all
Cupie dolls and urine stalls
Will be laughed at the way
You're laughed at now
Now something meets boy
And something meets girl
They both are the same
They're overjoyed in this world
Same hair revolution, unisex, evolution
Tomorrow who's gonna fuss
And tomorrow Dick is wearing pants
Tomorrow Jane's wearing a dress
Future outcasts and a they don't last
And a today the people dress the way
That they please
The way they tried to do in the last century
And they love each other so
Androgynous
Closer than you know
Love each other so
Androgynous
Androgynous
Androgynous
Don't you get it
Androgynous
Sunday, September 12, 2010
Another advantage to being androgynous
Sunday, August 29, 2010
Cross dressing girl?
Thursday, August 26, 2010
Conversations at the doctor's office
Since it was going to be warm I wore a denim halter dress. They had a
new receptionist working there so when she called my name and I came up
to sign the paperwork for the insurance, she was surprised and asked me
twice if I was Joseph. :)
When it was time to go in for my shot, the nurse who normally does the
shots complimented me on my dress, which struck up a conversation on
denim skirts. From there we got to sun dresses and I ended up giving a
few fashion pointers to two of the nurses on what to wear with a skirt
and what to avoid.
It's days like this that my study of the feminine really pays off.
Sometimes I think I know more about how to be a woman than some women
do. I don't know if that is a good thing or not, but I'll go with it.
Monday, August 23, 2010
Friday night
to Theresa's Osaka in Toms River and met a few friends of ours. The
sushi was incredible and we had a really good time. I hope we get a
chance to do it again sometime soon.
Friday, August 20, 2010
Possibly the best advice ever
http://crossdresserswife.com/index.php/2010/08/19/no-one-is-normal/
Pass this around. Let's get the word out about this blog post and maybe
save a marriage or two.
No One Is "Normal"
So much hate, ladies! So much hate! I don't know when I became "bitch
about my freaky husband lady" but it's getting a little old. It's not
that I don't want you to express your frustration – I've been there, I
understand exactly where you're coming from, and I want to be able to
help – but is it really necessary to spew the fury with your life
entirely onto your crossdresser? I know, I know, you're having a rough
time of it. Work sucks, the kids suck, your in-laws suck, the neighbors
suck, your car sucks, and something expensive just broke down in your
house AGAIN. Now was NOT the time for your husband to "come out of the
crossdressing closet" so to speak. But he did and now you've got to deal
with it.
It's hardly fair, is it?
You just wish you could have a "normal" husband, right? Like, for
example, that neighbor down the way who has that pretty yard and that
pretty house and her 2.5 kids are SO well-behaved, it could make you
sick? Or your sister-in-law with the lawyer husband and the champion
dalmatians who just bought that nice loft downtown?
One of the hardest lessons I ever had to learn once I "grew up" was that
real life is exactly like high school. You can try hard to make it not
like high school – cut out the drama-llama friends, for example, or lose
weight/stop drinking/actually wake up on time – but at it's core real
life is filled with the same petty bullshit as high school, just on a
larger scale and with more money worries. Backstabbing bitches still
exist and they will still backstab you at the likeliest opportunity.
That douchebag jerk who bumped you in the hall still bumps into you in
the hall, but now he calls it a joke and is just trying to "lighten up
your Monday, bro." And, like high school, you occasionally come to the
crashing realization that, just like high school, NO ONE is normal.
Your perfect neighbors might get intimate twice a year. He may be more
interested in porn than people and she might be schtupping her
brother-in-law. Your fantastic family might be drowning in debt and
fighting every night of the week. No one has a perfect life and that
Norman Rockwell Normal that tv commercials and pop-up ads try to sell
you is pure fiction. There've been studies done and books written (The
Nostalgia Trap) on that very subject. Society needs us to think that
there's some normal standard to live up to and it needs us to feel
guilty or angry when we don't. You already know that money is made by
making us feel bad about ourselves and our lives. We've been told since
we were very small that a man acts one way and a woman another. When our
spouses don't act the way we've been told they're supposed to act, we
get angry. But why?
One piece of advice I find myself giving over and over again these days
is this: Take a Good Long Look at your own perceptions of marriage and
the man you married.
When you married him did you think you needed to "fix" anything about
him? His hygiene, the way he kept house, maybe some of the friends he
keeps or activities he participates in? Why do you think that? If he's
good enough to marry, why do you want to change those aspects of him?
Because it's more convenient for you? Because society frowns on the way
he spends his spare time (gaming, watching sports, playing poker, etc)?
Because it doesn't involve you?
If you want to change aspects of him (not related to crossdressing) then
you need to figure out WHY and possibly sort out if his changing is
really and honestly going to make your marriage better. A crippling WoW
addiction is one thing but getting together one night a week for some
D&D with his buddies is something else entirely. If his hobbies aren't
hurting your marriage by taking up 1) more time than you (as a family)
can reasonably spare or 2) more money than you (as a family) can
reasonably spare, then what's the harm?
With me so far?
I want you ladies who are feeling so very put out at your man for
crossdressing to take a few minutes and relax. I know it doesn't seem
fair. He gets to have hobbies and maybe he doesn't spend nearly as much
time helping out around the house as you'd like plus these days he
hardly ever has time for the kids… and THEN he drops this crossdressing
thing on you. And you, of course, are a chore-finishing, job-working,
soccer-game-attending, homework-helping super hero. Why should you have
to put up with One More Thing?
Because.
Just because.
Think of it as another hobby, if it helps, but one that you have a
little say in. One that he wants to share with you. One that has the
potential to really open up avenues in your marriage that you never
thought of before. One that, yeah, maybe you might not want to share at
Jimmy Jr's playgroup, but one that is important to the sanity and
security of your marriage. Because it's important to him to share this
with you, which means it's important enough for you to take ten minutes
out of being Super WifeMom to listen.
The other point I've found myself making A LOT lately is simply this:
You married your husband, not some dude. You (hopefully) married a guy
you can laugh with, hang out with, get stuff around the house done with.
You married a man with a personality, not a caricature of who a man is
supposed to be. Sometimes aspects of his personality will grate on you,
sometimes you'll go together like PB&J. But, like Chris Rock says, you
have to love the crust of a motherfucker, not just the white part of the
bread. You're not going to like everything about your spouse, but
hopefully you married a guy that you like to be with. Hopefully you
married a man you like to hang out with. Because if you married some
dude just to be married, or because it was expected of you, or because
you just felt like it, or because you were running out of time, or
because he knocked you up and you needed a baby-daddy… then you might
not be able to make your relationship work.
The most important thing to remember about being in a relationship with
a crossdresser is that if You Love Your Husband then you can make it
work. You can. I promise you. You've got my word on it. If you love your
husband enough to try, and KEEP trying, even when it gets hard or you
get angry/annoyed, then you can make it work. It might seem easier to
quit, to walk away, to say to yourself that some other man will make you
happier or will be less effort… and that might be true. There might be
some other guy out there who is easier than being with a crossdresser…
but I guarantee you that if you work hard to make your relationship
work, you won't find another man who's more loyal.
Hear me out. Seriously. I have NEVER EVER worried about my husband
cheating on me. I am not an ugly woman but I've got some extra curve and
I always have. I probably always will. I'm part Italian – I've got some
extra hair on me that sometimes, in the winter, I'm not so quick about
maintaining. What I'm saying is that I'm not the most alluring lady out
there… but when we pass a hot red-head in a short skirt on the street
and my husband takes a second look I don't think to myself, "That
asshole is checking out her ass!"
I think to myself, "Damn it, now I have to help him find that skirt."
I once asked Melanie, relatively early in our relationship, "Would you
ever leave me for her?" (referring to a famous actress)
She said, "Nope. Never. Not even for her."
Me: "Really? Never?"
Melanie: "It would take you doing something phenomenally awful for me to
leave you. Like cheating on me. Possibly murder. Depending on who the
murder victim was, of course."
Me: "Okay… why?"
Melanie: "You accept me. Really, honestly, 100% accept me for who I am.
Do you think I'm going to find that with just anyone? Right. Uh huh.
Nope, sorry, you're stuck with me."
Then he noogied me.
But you get the point.
IF you want to make your relationship with your man work, you can. You
CAN. But if he, the man himself, is not worth it to you, if saving your
relationship with that particular human being is not worth it to you,
then you need to consider ending your relationship. But don't tell him
it's because of the crossdressing, because you would be lying. That sort
of lie can screw up a person for the rest of their life. Tell him the
truth. Tell him it's because you were expecting marriage to be
different, that you married the wrong sort of person for you.
Crossdressing has nothing to do with it, it's just the last straw, you
just need someone who better fits YOU.
If you want to leave, you don't need permission from me. You need to
figure out why you want to go, the real, down deep core reason you think
your relationship isn't working. But I'm not going to tell you that
crossdressing is a valid reason to go. Because it's not. If you want to
make your relationship work, ladies, you can. It may be hard. But if you
love them enough to try, you can make it work. I promise you. You don't
have to go. And you don't have to be angry.
You've got my word on that.
(On a side point, I would like to note that a crawling 7 month old who's
figured out how to crawl stairs SUCKS. Add rapidly growing head full of
grey hair to my list of less-than-attractive attributes.)
Monday, August 16, 2010
It just proves my point...
thing happen. My wife heard someone comment about a woman going into the
mens room. Now, that "woman" was me, and I was not trying to look female
at all. I have said many times that most people don't pay attention and
only pick up on a few superficial things when they see someone. This
comment proves my point. I was wearing a pair of cutoff jean shorts that
were baggy (and mens I should add), white sneakers, dark brown spandex
camisole (no frills or anything like that) and carrying my purse like I
always do. Oh, did I mention I hadn't shaved my arms or legs in over a
week and was sporting a 4 day beard? Yes, my hair is a touch long, but
it's a good 2" above my shoulders, so it's hardly a womanly length and I
have a rather obvious receding hair line. I still got "read" as a woman,
though.
If you're worried about how well you will pass when you go out, keep
this story in mind. Sure, some people will figure you out, but most will
not see the tell tale signs and will only see the heels, long hair, and
boobs and register "female". We all pass far more than we think we do.
Friday, July 30, 2010
Maybe this is a good sign...
she still doesn't get the concept. I'll take that as a good sign. :)
Monday, July 12, 2010
Short shorts?
pockets hanging out below them? This has to be one of the worst trends
I've seen in a while. Can they get any more trashy looking? Why not cut
them out so your ass hangs out at the same time if you want to look trashy?
Friday, July 09, 2010
Out with the old, in with the new
Today I went to renew my drivers license. Since I know how important a good photo is, I decided on a look that would be more neutral to make it easier if I need to show my DL. I didn't go as Heather, but I did go pretty androgynous as a goth. Here's my old (bottom) and new (top) drivers license photos. It's amazing how much better a little makeup and hair will make a guy look. So, for the next 4 years at least this is what my ID will look like.
Thursday, July 08, 2010
Men in skirts...
comes around regularly. Now, men wore skirts or something similar until
maybe 300 years ago when pants caught on, so it certainly is nothing
new. In the past few years, women's skinny jeans have become popular
with men. Men are starting to wear high heels in public (google it
sometime if you don't believe me). Men in skirts is also starting to be
more prevalent.
Now, being who I am I push the social norms on a regular basis. I do
this partly "because I can" and partly because it's comfortable to dress
how I like to dress and I don't care what people think. Monday I had off
because of the holiday so I was home all day. I decided that since it
was going to be nearly 100 out that I was going to be comfy and wear a
skirt. I settled on a denim skirt that is mid-thigh length and fades
from a dark blue to a light blue and is frayed at the hem. I wore a
light purple tank top and sneakers. Oh, did I mention that I was NOT
having a Heather day? Nope.. I did this as Joe.
At one point I needed to run to the store so I grabbed my purse and a
set of sunglasses and off I went. Now, I wasn't really trying to look
like a girl. I didn't have on a wig or makeup and was definitely
sporting some decent beard shadow. While I am sure that people did
notice me, what I didn't see was the normal head turns as I walk by,
wide-eyed looks, etc. that I would expect of a guy in a denim mini
skirt. In fact, there were no noticeable reactions at all.
So I wonder.. Maybe society is finally getting used to the idea of men
in skirts after all.
Ok, maybe I pass (still)
past appointment. I've been going to the same salon for well over 3
years now, and they know I am a crossdresser. It's not exactly a state
secret. So, one of the newer girls was doing my eyebrows (when I say
newer, she's been there maybe 2 years off and on). She's done my
eyebrows before, and she sees me there regularly so I'm not exactly a
stranger. We were chatting about cell phones while she worked (keep in
mind we're maybe 2 feet apart and alot closer when she's doing what she
does), and I mentioned we had 4 phones on our plan, "one for each of my
parents and we each have our own". She then says "That must be nice. You
can talk to your parents and your husband as much as you want and it
doesn't cost you anything." Yup. I guess even after 2 years of seeing
her every 3 weeks or so I still pass. :)
Monday, June 28, 2010
A day at the beach
Seaside since she lives there and it was a chance to do something
different with the kids. I wore a one piece black speedo swimsuit and
shorts and flip flops since it was a beach day after all. When we got
there we walked up to the boardwalk and went on the beach for a while
with the kids. I pulled off the shorts and went to play by the water
with our daughter for a while. Then I laid out to catch some sun while
she played with a friend she made at the beach. I would have to guess
that very few people figured me out, if at all from the reactions (or
lack thereof).
After we were on the beach for a while, we went to grab lunch and Katie
wanted to play a few games so I let her play a few. The guy at one of
the games pegged me as her mother and continuously referred to me as
"your mom" or such.
After the beach me & Katie went to Best buy and while we were there, a
sales guy was definitely going out of his way to impress me. Katie
thought it was funny that this guy thought I was cute. He was definitely
attracted to me without a doubt. If only he knew I was a guy (this is
why Katie thought it was so funny).
Sunday, June 27, 2010
At the beach
Going to town hall
we needed to pay to the town. Being a Heather day, of course I didn't
think twice of going as I was. I went down to the town hall and took
care of business. The lady at the water department asked me if the owner
of the nail salon had her baby yet. Apparently she has seen me there on
occasion and recognized me from there. We chatted about the nail salon
for a few and she commented on how she liked my hair cut. I'd say that
to her I passed and she did not see me as a cross dresser, but as a GG.
Tuesday, June 22, 2010
New galleries
the website. Photos will finally display without scroll bars. yay!
Maine Court Favorable Ruling on Trans Bathroom Use
http://www.bilerico.com/2010/06/maine_court_favorable_ruling_on_trans_bathroom_use.php#comments
This is absolutely huge. This is the first known case of its kind
anywhere in the country to actually challenge an anti-discrimination law
on bathroom use in court.
Maine Court Favorable Ruling on Trans Bathroom Use
Filed by: Dr. Jillian T. Weiss
June 17, 2010 1:00 PM
On May 27, the Maine Superior Court, Androscoggin County, ruled on a
case involving a claim of unlawful public accommodation discrimination
by a transgender person.
In this case, the public accommodation involved was the bathroom of a
Denny's restaurant in Auburn, Maine.
In Freeman v. Realty Resources Hospitality, LLC, d/b/a Denny's of
Auburn, No. CV 09-199, the Maine Superior Court held, in a fairly simple
decision, that, if it were true that the manager prohibited the
plaintiff from using the women's bathroom based on her gender identity,
then that would be a violation of the Maine Human Rights Act.
It is, as far as I know, the first judicial decision in the U.S. on a
claim of transgender public accommodation discrimination involving
bathroom use. In the two previous bathroom use cases, one involved an
employment discrimination claim based on bathroom rules, and the other
involved a rental discrimination claim based on bathroom rules. I think
the difference may be important, for those two cases denied the
discrimination claims based on truly illogical reasoning.
The holding of the Maine court seems a straightforward enough
proposition. However, this is the only standing decision in the country
to correctly interpret the law. For that reason, this is a huge big deal.
The Facts
The plaintiff in this case, whom the Court described as "a male to
female transgender individual undergoing a medically recommended male to
female transgender process," was a regular patron of the restaurant for
many years. She received a diagnosis of gender identity disorder, and
began to transition from male to female in 2007. She expressed her
gender identity as a female by wearing women's clothing, makeup, jewelry
and perfume.
In mid-summer of 2007, she discussed her transition with a Denny's
manager, explained that she was undergoing this transition, that she had
a female gender identity, and that, in accordance with this medically
recommended process, she was using female bathrooms. She received
permission from the manager to continue using the women's restroom at
Denny's, and she did so three or four times per week without incident.
Everything went smoothly until late October of 2007, when a new manager
came on board. He ordered her not to use the women's restroom any more
because he perceived her to be biologically male, despite her
identification as a female. The new manager's prohibition was
unacceptable to Ms. Freeman, and, with the help of GLAD, and the awesome
Professor Jennifer Levi, among others, she brought a lawsuit.
The Legal Procedure
After answering Ms. Freeman's complaint, Denny's made a motion for a
judgment in its favor without a trial. This means it asked the judge to
throw the case out of court.
Denny's argument was that, even if the facts as stated by Ms. Freeman
were 100% true, it would not constitute a violation of the Maine Human
Rights Act. Therefore, a trial would be an unnecessary exercise.
One major problem with this argument is that Ms. Freeman specifically
stated in her complaint that she is female. If, as Denny's argued, they
accepted her facts as 100% true for purposes of this motion, then it's
contradictory to turn around and claim she's "really" male. When there's
contested facts, a motion like this is loser, because then a trial to
determine the facts really is necessary.
Denny's further argument, as stated in its motion papers, was that the
restaurant manager did not prohibit Ms. Freeman from using the women's
room because of her gender identity. Rather, the manager prohibited her
from using the women's room because of her perceived biological maleness.
This is a strange argument. Essentially, Denny's conceded that it
discriminated based on gender identity, but tried to say that's okay
because they don't agree with her gender identity.
Jeez, if that's all it took to defeat a discrimination claim, then a
race discriminator could win by saying that they didn't agree with the
plaintiff's asserted race.
And then Denny's lawyer showed that he didn't really understand the
whole transgender discrimination thing at all.
Importantly, there is no allegation suggesting that Plaintiff was
somehow prevented from using the restroom that is designated as the
men's restroom.
Importantly, indeed. As you may recognize, this quote from Denny's
lawyer seems to assume that "not discriminating" against Ms. Freeman
based on her gender identity required them to ignore her gender
identity, and focus instead on her sex at birth.
Well, if one knows nothing about the purpose of the statute, the idea
could have some superficial appeal, in Bizarro World.
The Maine Human Rights Act
The Maine Human Rights Act prohibits discrimination in public
accommodations, such as restaurants, based on, among other factors,
gender identity or expression.
The Maine law is an example of those non-discrimination laws that define
"sexual orientation" to include "gender identity or expression." While
it does not conform to the commonly-held theory that sexual orientation
and gender identity are separate concepts, it nonetheless provides legal
protection to transgender persons. However, one reading the Court's
opinion may be surprised to read that the plaintiff is protected because
of her "sexual orientation." The Court is using that term as defined by
the Maine Human Rights Act, rather than the ordinary sense of the term
as we know it.
The Judge noted that the Maine Human Rights Commission has provided
additional explanation of the definition of "gender identity" and
"gender expression." The term "gender identity" means gender-related
identity "whether or not that identity is different from that
traditionally associated with that individual's assigned sex at birth,
including, but not limited to, a gender identity that is transgender or
androgynous."
This is a very important definition, though the Court doesn't explain
why. The reason it's so important is that it makes a clear distinction
between the subject of protection, i.e., gender-related identity, and
the "legal" sex of the subject, i.e., the assigned sex at birth.
That part of the definition is common enough. However, it's one of a
very few statutes that I've seen that make reference to the term
"transgender." I don't recall seeing any that refer to "androgynous"
identity.
In other words, this section of the Maine Human Rights Act protects
one's identification as male or female, regardless of the sex on the
birth certificate. The statute omits any requirement of changing one's
sex at birth in order to receive the protection of the statute.
The Maine Human Rights Commission also explains that "gender expression"
is protected, meaning "the manner in which an individual's gender
identity is expressed, including, but not limited to, through dress,
appearance, manner, speech, or lifestyle," again, regardless of whether
or not that expression is different from that traditionally associated
with that individual's assigned sex at birth.
In other words, not only is my identification as male or female (or
something else) protected, but also the ways in which I express that
identification.
This section on gender expression is interesting in that it is
specifically linked to gender identity. According to my understanding of
this language, protection is not accorded to dress, appearance, manner,
etc. alone. In plain language, one cannot simply put on a dress or a
suit and claim protection. Rather, the expression must be an expression
of one's identity. A subtle difference, perhaps, and yet significant.
In any event, let's get back to Denny's argument that letting a
transgender woman use the men's bathroom satisfies the Maine Human
Rights Act.
What Does This Gender Identity Thing Mean?
Denny's argument completely ignores the fact that the Maine Human Rights
Act specifically says that a public accommodation owner may not
discriminate based on gender-related identity "whether or not that
identity is different from that traditionally associated with that
individual's assigned sex at birth, including, but not limited to, a
gender identity that is transgender or androgynous." The whole point of
this statute is that one may not privilege sex at birth over
gender-related identity.
In other words, you can't point to my "gender identity" and say "ah ha
-- I'm going to segregate you because your sex at birth is different
from your gender identity."
As GLAD's legal brief pointed out, a court-created exemption based on
biological sex would eviscerate the statute's intent to ensure full
participation in society for people regardless of gender identity,
including if their gender identity is different from their ascribed sex
at birth. It could also lead to requiring patrons to disclose private
medical info to managers of all sorts of public accommodations.
Like asking if a masculine-looking woman has the, ahem, proper genitalia
to be in the women's bathroom. "The Legislature could not have intended
for a restaurant patron to be subject to either physical inspection or
the required disclosure of private information."
The Goins Case
Denny's lawyers pointed to a 2001 case from the Minnesota Supreme Court,
Goins v. West Group. While a Minnesota case is not binding on a Maine
state court, Denny's lawyers like the reasoning used in that case, and
hoped to persuade the Judge to adopt it.
But the Maine court ignored the Goins case, and didn't even mention it
in their decision. That may have something to do with the fact that the
Goins opinion makes little sense.
It follows the same illogic as the Denny's argument outlined above: The
Minnesota Supreme Court said that the employer's bathroom rule
discriminated based on biological sex, not gender identity. Therefore,
it did not violate the statute against gender identity discrimination.
Huh?
So if you ignore and violate my gender identity, it's okay because it's
only sex discrimination? Even though the statute says that I'm supposed
to be protected regardless of sex at birth?
Oh, brudder, as Bugs Bunny would say. What a maroon.
Even if the employer's rule were interpreted as gender identity
discrimination, the Minnesota Supreme Court questioned whether there was
any intent to change the "cultural preference" for same-sex bathrooms.
Since there was no legislative history on this point to clear up what
the legislators intended, the Minnesota Supreme Court decided that the
words of the statute did not apply to bathroom usage.
It's amazing the tricks you can do with language. In other words, the
statute didn't say not to use a crazy made-up meaning, so it's okay if
we do?
Oy. What can one say to that?
But interestingly, in Maine, the legislative record is different from
that in Minnesota. The Maine legislature had twice considered language
excluding trans people from bathrooms and locker rooms, and rejected it.
While failure to pass a bill doesn't mean one can ignore the plain
language of an existing statute, some courts consider that evidence as
to what the words of the existing statute mean. But the Maine court
The Minnesota case also had another important difference from the Maine
case. The Minnesota case involved employment discrimination. The
Minnesota court said that proof of anatomical femaleness was required
because of the specific legal format of the employee's case. It called
that case a "disparate impact" case, a technical legal distinction
applied to employment cases involving "disparate impact" of employer
rules on a protected class of employees. (I'm pretty sure, as the
intermediate appeals court said in finding that the employer had
violated the law, that it's not a "disparate impact" case, but I don't
want to get all technical on you.)
The blog format is not a good one for explaining complicated points of
law, so suffice it to say that "disparate impact" cases have special
rules requiring the complainant to show they have the proper
"qualifications" for the job. The Minnesota court basically said that
proof of sex reassignment surgery is the "qualification" for using the
women's bathroom.
But the Maine case is different from the Minnesota case. The Maine case
isn't an "employment discrimination disparate impact" type of case. It's
a public accommodation case, where a member of the public, who isn't an
employee subject to the orders of an employer, wants to use the services
freely available to every member of the public. There's no requirement
of proving any qualifications for a job. So the Goins case, from
Minnesota, really doesn't apply.
I discussed eight criticisms of the Goins case in a blog post from 2006,
so take a look here if you want more analysis of Goins.
Bottom Line
There were many other arguments about the law in this case, but I'm not
sure they're worth parsing here.
What makes this case note-worthy is the fact that the Maine court agreed
that, if it were true that the manager prohibited the plaintiff from
using the women's bathroom based on her gender identity, then that would
be a violation of the Maine Human Rights Act.
At this point, the case is heading for discovery, meaning each side gets
to ask for information from the other side, which, according to GLAD,
should conclude about early Fall. At that point, either side might make
another motion to try to get rid of the case without a trial, and
failing that, there will be a bench trial at some point later in the
year or the following year.
I note that Ms. Freeman waived her claim for damages, as a result of
which the judge said Denny's doesn't have a right to a jury trial under
Maine law. That's a good thing, in my opinion, because educating a jury
about trans issues can be very, well, trying. The remaining relief
requested by Ms. Freeman includes the civil penal damages for violation
of the Human Rights Act, capped at $20,000, and an injunction permitting
her to use the women's rest room at Denny's.
After the verdict, there could be an appeal to the Maine Supreme Court
(there is no intermediate appeals court in Maine). Theoretically, a
Maine Supreme Court ruling could be appealed to the U.S. Supreme Court,
if there someone could figure out a federal issue, but I don't really
see one here.
Cases like this often settle. I can't see this being a winner for
Denny's at this point. I imagine they'll see reason. It sounds like no
patrons or employees in the restaurant had any problem with Ms.
Freeman's use of the bathroom. A battle over this seems senseless. But
then again, prejudice is often senseless.
Friday, June 18, 2010
Generation "T"
different world. Most people did not know what a cross dresser or a
transsexual was. At best, they likened us to Ru Paul or such. In the
last year or two I have noticed a significant change in the education
level of Joe Public. Today you would be hard pressed to find someone who
did not know what a transsexual was. In fact, I would be willing to bet
that a fair chunk of the population knows of at least one cross dresser
or transsexual living in their area.
In fact, chances are much higher that a late teen these days will come
out of the closet at a young age as a cross dresser or transsexual. It
used to be when I went out that I'd get the "woah! that's a guy" looks.
Now I get the "hey, there's a transsexual" look. I definitely prefer the
latter. Times have definitely changed for the better for us. Even though
I am definitely not a transsexual, I would much rather be viewed as one
than as a "guy in a dress". We are starting to gain respect amongst the
general public as simply being another human being, instead of being
some kind of sexual deviant.
I think that the shift in attitude is definitely due to larger numbers
of us getting out in public and being seen. Now people are starting to
realize that we are everywhere. On top of that, guys are wearing girl
stretch jeans now as a common thing. Some guys are even venturing out in
public in larger numbers wearing skirts and heels or carrying a purse.
This is all a good thing because the more that people realize that
gender is not simply black and white, the less of an issue they will
have with those of us who do not conform to the old narrow definitions
of gender.
I think the youth of today are mis-labeled. I think they truly are
Generation "T".
Saturday, June 12, 2010
I can't believe I did it...
to the store. I've said it before and I'll say it again, flip-flops are
NOT shoes. They provide little to no protection from anything that you
might step on except hot sand (which is what they were designed for in
the first place). We were outside working in the yard this morning so I
wore a pair of flip flops. I will wear them around the yard, to the mail
box, etc. with no problem. I had to run to Lowe's and it wasn't until I
was on my way back that it dawned on me that I forgot to put real shoes
on before I went. ugh... When I had to run back out I put a pair of
sandals on.
Tuesday, June 01, 2010
This week is gonna suck
camping all weekend and got home yesterday, then we are leaving on a
trip Friday. As it is, I need to get a nail repaired and may need to do
that real quick after work one evening since I most likely will need to
actually be in the office all this week. :(
Friday, April 23, 2010
Our daughter is so perceptive
This brought up another topic when I mentioned it to Rain. There was a father/daughter dance recently at her school. She never told us about it until that day when we found out about it from the school. It seems she didn't want to go for a number of invented reasons.
Last night after hearing her comments about Heather, I found out the real reason. It seems that she didn't want to go because she could not bring miss Heather. She didn't want daddy to go to the dance, she wanted Heather. This really surprised me, because she insisted that Heather is who she wanted even after Rain told her I'd go as Joe and not Heather. Her reasoning for not going was because her friends wouldn't understand her bring me as Heather to the dance.
It seems that she sees Heather as more fun than Joe because Heather is silly, likes to go shopping, etc. For a 7 year old, she is extremely perceptive.
Friday, April 09, 2010
And people wonder why I like being a girl...
weighing in at about 60lb, which I could easily have lifted. The UPS guy
brought it to the front door and rang the door bell. It was a Heather
day. I answered the door and he picked the box up and said "I'll bring
it inside for you."
Now, I have little doubt that if it had been a Joe day that I'd have had
to bring it inside myself. And people wonder why I like to cross dress.
Thursday, April 01, 2010
Flip flops are beach wear!
Friday, March 26, 2010
Is that your mom?
answer, but not so for our daughter. Being the child of a crossdresser
who is out and proud leads to that sort of question being asked
frequently. The problem being that it is usually me who they think is
her mom. Normally, she kind of avoids the question, but yesterday when I
was at her school party, the answer was easy for her. "No, that's my
dad, silly" was the answer.
But, wait... I'm a cross dresser, right? So the question should have
been expected... Well, in this case I was not cross dressed. I wasn't
even all that girly as an androgynous guy, really. Yes, I went
androgynous that day in a skirt and lace top, but for her school party,
I threw on a pair of long, boot cut jeans (non-girly), and a T-shirt
(also, non-girly.. A black Cirque du Soleil shirt). Ok, I did have a
touch of eyeliner (very light) on and wore black ballet flats and
carried my purse, but that was it. My hair is somewhat short (above the
collar) and I have a definite guy hairline (receding), definitely not
"girl" length. Yes, I have my ears double pierced, but I wear 14ga
piercings in them in guy mode, not girly earrings at all. I didn't wear
my rings or have my nails painted. I was even sporting a beard shadow
(even after a close shave I have beard shadow).
In guy mode I don't look like a girl, I look more androgynous at best. I
wasn't even trying to be girly. I can see how some who have longer hair
will be confused for a girl, but this is honestly the first time this
one has happened to me. Let's face it, kids are really good at spotting
cross dressers. If anyone is gonna see that Heather is a guy, it's a
kid. They see right through me more often than not. How then did a 7
year old think I was her mom? It boggles my mind.
Thursday, March 25, 2010
Women and purses
Being androgynous can be a good thing
Am I bound to get some odd looks? You bet. But I don't care. The way I look at it is they are the ones with the issues, not me. I'm very comfortable just being me, whether that is as a typical guy, goth, androgynous male, or girl.
If more people would push the social stigmas associated with clothing I think we'd see more like me... People who transcend gender and simply "be me". Let's face it, women wear mens clothing and dress more andorogynous every day. Why should men be any different?
Over time I find that people tend to not really care when they see a guy who carries a purse or wears a skirt. We are our own worst enemies when it comes to that sort of thing really. Sure, teens will be a little rude, but if we blow it off and ignore it they will quickly tire of their game and move on and leave us alone. It's only fun being a bully when you get a reaction.
I like being androgynous. But more importantly, I like just being me.
Tuesday, March 16, 2010
I added some ads to the site
get it to generate some income to pay for the hosting. Now I just have
to wait and see how it actually pans out. If anyone spots an offensive
ad, let me know.
Tuesday, March 09, 2010
Louise & Millie on Talk Philly
Millie! :-)
Sunday, March 07, 2010
This is funny...
Tuesday, March 02, 2010
I ripped a nail off
I caught my finger on something I was trying to unplug. It hurt like
hell and may be weeks before I can get it repaired now because it ripped
it off part of the nail bed too. That sucks!
Thursday, February 25, 2010
Monday, February 22, 2010
Louise & Millie are going to be on live TV.
24th at 12:00 noon till 12:30. This is a talk show named "Talk Philly".
Monday, February 15, 2010
How short is too short?
the over-dressed CDs the same way again.. She had on a short yellow
dress... We're not talking over the knee. We're not talking mid-thigh.
We're talking 'you better be wearing underwear' short. She had on black
patent heels with 6" heel and 1" platform, bare legged (did I mention it
was 25 out), and was shopping at the grocery store with her husband (i
assume) and 5 year old daughter. Oh, and this was like 4:30 in the
afternoon.
Friday, January 22, 2010
A quote I read today
"I was at Transformations one day before Jim retired and a CD was trying on dresses. He got kind of upset when he tried one on. He said something about if a man can look this good in a dress then why won't his wife ever wear one?"
Tuesday, January 19, 2010
Why there are so many transgendered and gender non-conforming people today
non-conforming individuals today. I can't believe that nobody up until
now has thought of this theory...
In order to understand where I am going with this, you first need to
understand evolution. The process of evolution is the mechanism by which
DNA (God, whatever - not the topic here) experiments with new ideas.
Every once in a while, there is a mutation introduced in an individual
when they are conceived (or before they are born, but that is a
different topic entirely). This individual begins life as a "mutant" of
sorts. Sometimes this mutant will survive long enough to bring offspring
into the world, sometimes they will not.
Natural selection is nature's (or God's - again, not the topic here)
way of weeding out the "good" mutants from the "bad" mutants. If the
mutation is one which is beneficial, more and more will survive with the
mutation to pass it along to their offspring. If it is not beneficial,
most of them will die before having children, thereby limiting the
mutation to a very tiny set of the population.
Now, here is where my theory comes in. You see, through modern medicine
we (humans) have altered the process of Natural Selection. Every day we
have children who are born months premature or with some "defect" who
will now survive to adulthood. In the past, these children would not
have survived long at all. In some cases, this would have been a good
thing because their mutation, disease, etc. is not beneficial. They will
then pass this "defect" along to their children (even if it is
generation-skipping). Eventually, a male and female with the same
"defect" will have children and it comes out again.
Just look at the average height of humans. Over the past 400 years or
so, the average height has gone up well over a foot (gradually). Due to
better food supplies and vitamins, medicine, etc. taller humans are
surviving and living longer where they may not have before. In the last
30 years the average height has gone up 2 or 3 inches alone. This is
Natural Selection at work.
Society is also to blame for altering the Natural Selection process.
Because women are taking on more "masculine" roles, "feminine" males are
more in demand to balance out the population to a happy medium. In the
past, "feminine" men would in many cases go off to war to suppress the
undesirable qualities and prove that they were "men", or because their
fathers thought it would "cure" their young sons. Many of these would
die childless as a result, not passing on the "feminine" traits to their
(unborn) sons. Because more "feminine" males are now allowed to survive
longer, more and more of them are having children than ever before. As a
result, the "feminine" gene is spreading. As this femininity spreads, so
does society's acceptance of it since it is no longer seen as a "bad"
thing (overall). Men are staying home and raising children. Men are
sewing and knitting. Men are doing the grocery shopping. Men are
beginning to assume roles that society used to reserve for women.
As a result of all of this, more and more men (and women, though they
are less noticed by society) are surviving with gender-variant qualities
such as androgyny, transsexual, crossdresser, etc. This would definitely
explain why we are seeing such a surge in the cross dressing,
androgynous, and transsexual portions of the population over the last 50
or so years. Modern medicine threw the snowball down the hill and it has
been growing faster and faster ever since as gravity did it's job (so to
speak).
Thursday, January 14, 2010
Friday, January 08, 2010
New article added
also been doing some serious rearranging of the pages on the site. Check
it out if you haven't lately.
makeup video returns
to the menu for it.