Jennifer L. Levi
Director of the Transgender Rights Project at Gay & Lesbian Advocates & Defenders (GLAD)
Changing the Landscape for Transgender People in the Family Court System
Posted: 05/ 3/2012 6:09 pm
http://www.huffingtonpost.com/jennifer-l-levi/transgender-family-law_b_1475913.htmlI am hard-pressed to think of a family law case involving a transgender person with a fair or just outcome. And that is saying a lot. As the director of the Transgender Rights Project at Gay & Lesbian Advocates & Defenders (GLAD), a non-profit that works in the New England states on discrimination cases involving LGBTQ clients and those with HIV/AIDS, I hear from many transgender people facing discrimination in the formation, expansion, or dissolution of family relationships.
A recent case on which I worked is representative of the systemic problem of cultural and social bias against transgender people that is reflected in our family court systems. Anne (all names listed are pseudonyms) has been the primary caretaking parent of her 5-year-old child, Molly. She had Molly with an ex-partner, Tom. Although Tom saw Molly occasionally, Anne was the constant, stable presence in Molly's life. Tom never objected to that arrangement. Anne recently fell in love with and married Brian, a kind, loving, supportive partner. He is also transgender, a fact Tom learned by doing an Internet search on Brian. After learning of Anne's marriage to Brian, Tom filed for sole legal and physical custody of Molly. Because Brian is a caring and competent stepfather and Anne has been a stable and loving parent for Molly her entire life, Tom was unable to attack Anne's parenting rights directly. Instead, Tom threatened to bring into court the fact Brian is transgender and threatened to "out" Brian to his employer and community.
