Judge reversed order after transit agency fought longtime employee’s gender-marker change last year
John Wright | News Editor
wright@dallasvoice.com
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| TRANS FRIENDLY? | Judge Lynn Cherry, right, is shown alongside drag performer Chanel during Stonewall Democrats’ 2008 holiday party at the Round-Up Saloon. A few months later, Cherry ruled against a transgender DART employee and overturned a gender-marker change. (John Wright/Dallas Voice) |
DART stands accused of bigotry and transphobia after attorneys for the local transit agency intervened in family court last year to challenge a gender-marker change granted to an employee.
According to court records, a transgender DART employee obtained a court order in February 2009 directing all state agencies to correct their records by changing her gender-marker from male to female, including on her birth certificate.
As Dallas Voice reported last week, many Dallas County judges have been routinely granting gender-marker changes to transgender people who meet set criteria — including documentation from licensed medical personnel — since the Democratic sweep of 2006.
The DART employee, who’s name is being withheld to protect her anonymity, later presented the court order to the transit agency’s human resources department and requested that her personnel records be changed to reflect her new gender.
But DART’s attorneys objected to the gender-marker change and responded by filing a motion seeking a rehearing in court. DART’s objections prompted 301st Family District Court Judge Lynn Cherry to reverse her order granting the gender-marker change.
“Where does this stop when an employer can start interfering with your personal life and family law decisions?” said longtime local transgender activist Pamela Curry, a friend of the DART employee who brought the case to the attention of Dallas Voice. “She was devastated. This should be a serious concern to a lot of people — everybody — and I just think this story needs to be told.”
Judge Cherry, who received Stonewall Democrats of Dallas’ Pink Pump Award for her support of the group last year, didn’t respond to messages seeking comment this week.
Morgan Lyons, a spokesman for DART, noted that Cherry reversed her order before the agency actually filed its motion for a rehearing. However, Curry alleges that DART’s attorneys met with Cherry privately and pressured her into reversing the order.
As is common with gender-marker changes, the case file has been sealed, but Dallas Voice obtained copies of some of the court documents from Curry.
In their motion for a rehearing, DART attorneys Harold R. McKeever and Hyattye Simmons argued that Texas law grants registrars, not judges, the authority to amend birth certificates. They also argued that birth certificates could be amended only if they were inaccurate at the time of birth.
“It’s not a DART issue, it’s a point of law,” Lyons told Dallas Voice this week, in response to the allegations of bigotry. “The lawyers concluded that the birth certificate could not be altered by law, unless there was a mistake made when the birth certificate was completed, and again, the judge changed the order before we even wound up going into court with it.”
Asked about DART’s LGBT-related employment policies, Lyons said the agency’s nondiscrimination policy includes sexual orientation but not gender identity/expression. The agency, which is governed by representatives from Dallas and numerous suburbs, also doesn’t offer benefits to the domestic partners of employees.
Lyons didn’t respond to other allegations made by Curry, including that the agency has fought the employee’s transition from male to female at every step of the way.
Curry, who helped the employee file her pro se petition for a gender-marker change, said the employee has worked for DART for more than 20 years and has an outstanding performance record.
The employee began to come out as transgender in 2003 and had gender reassignment surgery more than three years ago, Curry said. Curry said DART supervisors have at various times told the employee that she couldn’t have long hair, couldn’t wear skirts to work and couldn’t use women’s restrooms at work.
The employee has responded by showing up at work in her uniform so she doesn’t have to change and using public restrooms on her bus route, Curry said.
Supervisors have also told the employee she can’t talk to the media and can’t join political groups, such as Stonewall Democrats, Curry said.
“She’s intimidated and she’s scared,” Curry said. “One supervisor even suggested to her that if she doesn’t lay off it, they will mess up her retirement.”
Elaine Mosher, a Dallas attorney who’s familiar with the case, also questioned why DART intervened. Mosher didn’t represent the employee in the case but has handled gender-marker changes for other clients.
Mosher said the employee’s gender doesn’t have any bearing on her ability to do her job at DART.
“My argument in any gender marker matter is, the birth certificate was wrong, that’s why they had to go through the transition surgery, in essence to put them in the correct gender,” Mosher said. “All I can tell you is that it seems strange to me that DART would care one way or another what the gender marker of anybody that works for them is.”
Moster added that she believes someone at DART may have been “freaked out” by the employee’s transition from male to female and developed a “vendetta” against her.
“I wish I had a good explanation for why [DART got involved] other than the fact that I know there are people out there who are utterly blind and prejudiced for no other reason than they are,” Mosher said. “I compare it to some of the nonsense African-Americans had to live through in the ’60s.”
Mosher also said she’s “very surprised” that Cherry reversed the order granting the gender marker change.
Erin Moore, president of Stonewall Democrats, said she’s heard “bits and pieces” of the story but isn’t sure of all the facts.
Moore said in response to her questions about the case, Cherry told her she couldn’t talk about it because it’s still within the timeframe for a possible appeal.
“Lynn is a longtime supporter of Stonewall and I would think she would be fair in the case,” Moore said. “I’m confident she’s an ally to this community.”
This article appeared in the Dallas Voice print edition February 19, 2010.
Just got home from the DART board meeting several people spoke to the board on this issue. When the meeting was finished more than one board member came out to the group that gathered, thanked us for bringing this issue to their attention and assured us this will be addressed.
Hi everyone, and thank you John for informing the community about this injustice.
First, this is an outrageous and pathetic use of our justice system by DART. I have no more knowledge of the situation than anyone else here, but it sounds like DART has been harassing this employee for years. I hope we as a community can take this event and turn it into something positive. As mentioned above, we desperately need to pass an inclusive ENDA (Employment Non-Discrimination Act) that protects ALL LGBT Americans.
I don’t really know Lynn Cherry all that well, but before we throw her under the bus please remember she is one of the only judges in the state that issues these gender-marker changes. I don’t believe any judge allowed these changes in Dallas County before 2006.
I’m also not a lawyer, but I realize that the law is complicated. Judges can’t speak to anyone about cases that are under appeal, and they have to take challenges seriously despite their person views. Again, I’m not defending her, but lets keep some context to this discussion. These things aren’t always this simple, and the vast majority of judges in Texas would never even consider allowing a gender-marker change – Cherry does.
I realize most people aren’t that involved in the political process, and many are apathetic or indifferent, and it’s hard to blame them. The system is complicated, and the process is currently rigged against our community, but even an inch in the right direction moves us forward. If we don’t do anything no change will ever occur.
SDD/DSYD members are active participants in Dallas County and care about pushing LGBT civil rights forward. We work to create a better civic and legal environment for everyone in our community. However, we do not have the ability to snap our fingers and make this a perfect world. If events like this make you angry than you should know that it makes me angry too. I would like to see things change, but that takes both time and people willing to get involved. I would like to invite you to get involved with Stonewall Democrats. We have hundreds of members here in Dallas, both young and old, but we need everyone working together to truly change Texas.
Best Regards,
Matt Burckhalter
President, Dallas Stonewall Young Democrats
Next Meetings:
Stonewall Democrats of Dallas
6:30 p.m. Tuesday, March 16th at Ojeda’s
Dallas Stonewall Young Democrats
7:30 p.m. Tuesday, March 23rd at Ojeda’s
“All men are created equal. No matter how hard you try, you can never erase those words.†–Harvey Milk
This is horrific! I feel so sorry for the victim. She was on her way to finally living her life the way she should be and then a corporation steps in and destroys her world. This is ABSURD!
Sounds like DART has a hostile workplace, that co. executives are interfering in the personal life of one of its long-term employees and that they are trying to influence the law. Lambda Legal should be contacted. The other item that requires a closer look is those politicians that cozy up to the LGBT community for the vote and then betray us after they are in office. This tragic story is a wake up call for the endorsement process and how we vote. Trans people face many hurdles that the L-G-B community does not. We must stand and support all LGBT rights.
Seems like it’s time for Dallas’ LGBT to organize it’s own bus boycott.
WHAT? I am totally speechless, well maybe not totally. WHO is DART to employee it’s attorneys at the PUBLIC’S expense to ruin a private citizens life!! These actions must be scrutinized. I will be on this. Thanks John for making this public knowledge.
And everyone at the Voice, thank you loved your last publication, very trans inclusive.
I agree with Latisha McDaniel, LGBT and the whole GAY COMMUNITY should boycot DART calling it GoD DAY. (no typo) G stands for GAYs >o for off> D for DART, DAY. and make it know that o Public Transportaion agency that is funded by the U/S/ Governmets “BLOCK GRANT” Discriminates and black mails with dirty tactics to protect themselves and to continue too receive grants byu covering up this matter. LGBT should go nation wide with this situatuion and make the wheels turn in for others in this situation now or in the future. Thank you Ms. Lady X for standing up for most of us who would just go and hide instead of standing up for you r life and identity. You go Lady X!!!!!!!!
I WOULD LIKE TO SAY WHAT I REALLY THINK BUT I WORK FOR DART TOO. EVERYTHING YOU HAVE READ HERE IS MATTER OF FACT.
I hope by the time my gender marker is changed, I won’t have to go through this bs.
Please forward a link to this article to scoop@huffingtonpost.com. This is pretty huge and should be covered in the media as such. There should NEVER be a time that corporations should be able to alter someone’s personal well being. This is just incredible and horrific.
Well the recent decision by the 5 conservative Supremes pretty much allows corporate influence over all elections by allowing unlimited advertising expenditures which would be harder for poor individuals to counteract! 🙁
This kind of thing is EXACTLY why the community needs to agitate for ENDA before spending time on things like DADT that affect just a small portion of our brothers and sisters lives. The DART people got away with it because the laws support them in Texas and in the federal system.
This isn’t just a trans issue either. If a person can be fired for being gay or lesbian, then they will not be so willing to stand up against bigotry for fear of losing their livlihood. The opponents of equality know this so they fight to keep us in second and third class position with a fervor they normally save for their church’s religious orgies.
Stand up! Write your congressional representatives! Call your senators so this kind of egregious discrimination becomes a part of sad history, not current reality.
Judge Cherry needs a heaping helping of backlash upside the head for this. I guess she loves drag queens but trans women are expendable.
In this interview and article I only touched the tip of the Titanic sinking class iceberg that are the hostile atrocities committed by DART against this employee. Those who commented they too work DART know of what I speak. They also will know, and many of the drivers will tell you she is the sweetest, nicest and most timid person you’ll ever meet.
As to “Lady X” as Richard nicknamed her, I have been her friend and confidant for a number of years now. I really don’t mind being a small part of her support system and a sounding board for a friends life problems. That is after all one of the duties of “a friend.” I spoke up because quite frankly I’m getting tired of the same theme over and over again, DART! I simply could not stand by any longer and not shine some light on this friends plight.
Add to that we are approaching the season of ENDA. Which means its time for education, phone calls, emails and visits to members of congress. This is but one of many employment horror stories a unified LGBT community has to tell. So let us not be distracted by small fry’s like DART, horrible and vindictive as they may be. Let us instead sharpen our focus on winning the big prize, T INCLUSIVE ENDA this year!
How great would it be if President Obama signed ENDA into law this coming June. The makings for a pride month celebration that would forever stand side by side in history with Stonewall and Compton’s. An historical contrast and testament to advancement of civil rights all true Americans should be proud of.
On the subject of the current primary election cycle: As the current Democrat precinct chair of 3200, I was an early endorser of Lynn Cherry. Wow; what a mistake-a to make-a! I will now be short voting my ballot on March 2nd (not voting in that race). As Lynn Cherry has no opponent in the primary this is a very good opportunity to send her a message at the ballot box. It is not “OK” to throw someone literally under the very bus they drive! Come November will of course be a different story distasteful as it may be. The alternative well lets just say I would really hate to see George White(R) on that bench.
Yes, there are still many members of SDD (Stonewall Democrats of Dallas) that don’t get it, “T issues”. In fairness they get the violence issues DOR (Day of Remembrance) and employment ENDA issues (the parts where they overlap into LG&B). We the Transgender segment of the greater community do have many allies within SDD. I believe Erin Moore to be one of those allies, a very strong one that does get it. She is defending the organization and the process they used in making the endorsement. Of which I volunteered and worked through most of it, with no regrets.
Still there is a fair sized complement of SDD members that see only their G&L issues. The proper and what will inevitably be the more successful way to influence SDD future endorsements is to get involved. Become a member attend the monthly meeting. Which even I must admit living less than a mile from O’Jedas have been unable to do frequently in recent years.
SDD is one of the largest most influential Democrat clubs in the state. With only a very minute transgender membership what direction are they supposed go? When outwardly it appears the T segment of the community just isn’t that interested. By joining the organization and speaking up we can become a part of the powerful influence SDD wields, by influencing i.e. educating that group as a whole. Thus cultivating many more easier to reach allies.
If you have never been a member or attended a meeting of SDD it is unfair to be critical. Instead you should be very critical of yourself for not getting involved sooner. This is an excellent example of why the stealth mentality of the 20th century is no longer appropriate in this the 21st century. Complete transition and hide gets you unfairly and secretly stomped on when push comes to shove, all because your hiding who you are. No doubt you’ve heard the expression the squeaky wheel gets the grease.
Become part of the solution get involved and – Get Squeaky!
I forgot. If Rick Perry wants to leave the United States——-wave bye bye
Seems to me people in Dallas, allies and people who are transexual and transgeder alike, really need to have some fund raising happening to hire a team of lawyers.
If this can happen to this one woman, then what about the rest of you in Dallas who have been able to correct your birth certificate? What if someone doesn’t like that you did that and now wish to force you to change it?
And the allies, those who profess to support the two communities of people. transexual and transgender. It seems time to put some money where the mouth is to really show support.
Question, Isn’t family court where custody cases are dealt with too? Well then what happens when someone disagrees with a decision of a neighbour, employee or even family member being given custody over their child?
Will we see them running into courts to try and reverse that too?
More and more I have to thank my parents for moving to this country and not the U.S. before I was born.
The very idea that an outsider can be given the right to decide another person’s life is sickening in the very least.
Vey very sad indeed.
Femme your correct this is another of the laundry list not mentioned.
She was told by a VP of H-R this is the bible belt we are not going to allow you to marry and put your husband on insurance.
So if keeping health insurance risk to a minimum is the issue. Then even straight cisgendered couples should be very concerned. What happens when they go to adopt a special needs kid. The company not wanting to allow the high risk kid on insurance can challenge and block the adoption.
As further evidence of the separate and not equal treatment she received. After her return from Montreal her first post op followup at OB was denied care because the company listed her as a MALE. They changed her insurance marker as Male with Sex Change, but they refuse to mark her as Female.
This case qualifies as Twilight Zone material on many faces
This is nothing more than workplace harassment based on gender identification……Why isn’t this employer being challenged in court in this regard? This should be in the courts with the employer as the defendant. Bring them into the daylight.
This, in todays world is incredible. I am a sex change female and went through alot to have my ‘marker’ as you Yanks call it changed. Im in New Zealand. The emotional stress and pressures we are put through to change these things by uncaring beauracy is alot on top of all else. I am so sorry for this person as Im sure the disappointment is huge and will have a profound effect upon her.
I can understand from what I have read that more pressure maybe placed on her if she seeks to fight but I understand if she doesnt. I hope she will and hope she will be well supported by the community around her.
To me that is unacceptable, Will theybe able to reverse my name change. Will it evolve to more than firing in a company if they can do that. Companies should not be allowed in family court. It scares me I am going for a job for the first time and will I not be able to get one even though I currently have a 3.5 this year in school. Will they be able to destroy my lively hood.
Who knows what demons are living in the brains of people like Morgan Lyon, CEO Gary Thomas and commenter Suzanne Lefkowitz?
DART is a large organization with many competent and successful people. It’s the few who make harmful and negative decisions not based on facts that are the source of DART’s frequent failure.
The loss of confidence in DART management has occurred periodically throughout it’s short history.
DART Board representatives are appointed by the elected City Council of all member cities and suburbs. Our elected council persons can be asked to explain their decision to continue appointing our current representatives or explain why we should re-elect them.
The next DART Board of Directors’ Meeting is at 6:30 P.M. on Tuesday, February 23, 2010 in the Board Room at 1401 Pacific Ave. Public comments are on the agenda.
The list of our representatives can be found online.
https://www.dart.org/about/board/boardbios/boardbios.asp
I decided to make a facebook group at the very least pertaining to this issue as I view it probably isn’t the first time and won’t be the last. I actually feel quite strongly about this news. I’ve never made a facebook group but this is my first since it kinda needs to be recognized.
The title of the FB group is:
Companies intervening in family law is wrong!
https://www.facebook.com/group.php?gid=321379274642
WHY is Stonewall and Stonewall President Erin Moore supporting Judge Cherry? They endorsed the judge and now President Erin Moore is defending the judge. Our community is outraged, yet Stonewall supports descrimination agains’t transgener people. It’s time for Stonewall to go away. They are hurting our community more than helping.
Stonewall disgusts me. How DARE they come out and support the actions of DART and this Judge. Stonewall is the devil and is part of the problem. They just go along to get along and it’s time for them to just stop. Leave our community alone. We need real LGBTQ leadership!
Pamela, well said. Im along way from Dallas and politics dont interest me greatly but having said that, it annoys me to see people critise others for speaking up when they sit and hide away in a little flat and behind a pc. I am full on out there and open about who and what I am. If others have a problem with me, its their problem, not mine. I understand the girls who do go stealth and it would be nice to see more of them out, proud and open as that is the best way to stop this discrimination. To show we are real people and need to be treated fairly. It is only through this education of society we will stop this rubbish like DART has dished out.
If you dont like something then get involved, speak up and be a thorn in the butt that festers if its not addressed.
This issue is not a democrat vs republican issue but a serious case of discrimination. I would hope both sides of the political fronts would unite to condem it.
While I’m not going to criticize SDD, I can at least speak from the perspective from the late 90’s when I did attend — and stopped attending because I came to the awareness that equal was really equal for all. Haven’t really had much interest in going back if it was simply to be an ancillary member again.
That said, I’m very familiar with Erin. Even took her, Jennifer Parvin and Edgar (last name escapes me) on their very first lobbying visit with my hardcore “Eagle Forum” state rep. They watched, learned well and took to it like ducks to water, and I’ve never forgotten them (nor they, I). Certainly I don’t think this has any bearing on Erin Moore, but I imaginge there’s still a lot of “GLBT” activists among them whose concerns/efforts stop at the end of their own nose (i.e. “GL”. We still see it playing out in press on issues keen to GL, but forgetting that the T still aren’t even employed nor covered in any protections for such — as is the case with DART. Again, this is the key reason why a decade ago we ranted that the T community needed its own voice, its own visibility and access to address our own ongoing disparity.
Instead, we’ve only become the cottage industry du jour for GL folks looking to be our voice as they were theirs. They don’t get it yet. It’s going to take some really ugly times, I suppose, to bring this to the insular minds that are off on marriage (or in states where that’s attained, school curricula, etc) when we’re still unemployed, unprotected, impoverished (I can speak to that first-hand!) or even homeless.
None of this is going away simply because it’s being ignored. I think it was an unfortunate misspeak when Erin said Cherry was “good on our issues” … I know it was not an intentional swipe at ignoring T folks. NNevertheless, as GL folks are making headway with GOP folks and CPAC and the like, we in the T community must UNDERSTAND NOW that this is NOT extended to T. I cannot emphasize that enough. Note the folks the conservative element are going after currently, whether in DSM V or in individual circumstances such as DART. We are square in their crosshairs and a very vulnerable, viewed as an easy target for the predatory right wing folks for an easy victory. Take heed!
To Pamella
Though I do not live in Dallas, know virtually nothing about Stonewall Democrats, and obviously nothing about the actual members of the group, what I do know is that the Transsexual community is quite small compared to the L&G community. It is easy to say come and get involved but from what I have seen, in les/gay dominated groups the trans people are not always treated very openly. We tend to get cold shouldered to the side and rarely feel very welcomed, atleast the quiet and more timid of us. The other problem is that so many of us are still very much in the closet and afraid of coming out even in a more open environment. Though it can be stressful, it is by far easier to say I am Gay or Lesbian than it is to say I am Trans.
To sum up, simply asking for more Transsexuals to come to a meeting without making a conscious effort to have them feel accepted is not always enough.
Matt, she Lynn Cherry is NOT one of the only judges that does these. There were in fact a couple (1 or 2) of (R) judges that did these gender marker changes in Dallas County prior to 2006. If you got lucky on the court assignment roulette wheel and had an attorney. These have been done in Harris, Travis, Parker, even occasionally in Denton county for many YEARS.
One more time – this case is NOT under appeal, it has not been refiled! Lynn Cherry’s claim that it is, is out right FALSE! She (the employee) is not emotionally capable of doing so at this time, she is a close personal friend. I am very well informed of every little detail of this case.
You are correct that this problem has a long history. The harassment and hostile work environment is a total of six years in the making.
@Pamela.
I have so much feeling, compassion for this person, sorry than most of you can.
Why is this person being subjected to this?
Imagine getting to the goal you have strived to get to all your life: To have someone who has no real connection to you, step in and take it all away from you.: Months after you felt you had achieved.
I am in New Zealand but this is so wrong and shows americans (no capital) as primative people. Bigoted and discriminative. Im glad i live in a little backward country like NZ and not a progessive (cough) forward thinking (cough, cough) liberal (cough, cough, cough)accepting (cough, cough, cough, cough)discrimnating country like the USA
TO MATT BURKHALTER, GET YOUR FACTS STRAIGHT. You are young and stupid, so I will give you that. But there is a real reason why the LGBTQ community here in Dallas no longer has faith in Stonewall. Its because you defend these people even when they harm our community. That makes you no better than those who hate us. Your facts are wrong Matt, Judges have been issuing changes for a long while now and other judges in Dallas do as well. Lynn Cherry needs to answer for it and Stonewall should be standing up for peoples rights, not defending those who take them away. You and Stonewall have a lot to learn and your learning a very hard lesson at a very young age.
I’m sad to know there is this type of oppression going on in this country yet. As a transgender woman I have always known that we aren’t welcome in the queer communities and they time after time demonstrated that with out any reserve. When there is a need of a clown they don’t hesitate to ask us to participate. There we are doing shows and doing the dirty work so they look good.
I say let us the transgender united show them that yes we can. Whenever I see young smart transgender women doing sex work this is the type of things that come to mind. It is time to be serious if we want OUR freedom. It is time to go to school. It is time to stop thinking that “passing” make us better when in truth the only thing it does is hide that we really are.
I know that maybe we seem like small community but I’m sure that if we pull it together and we get every transgender male and female out we could equal great numbers. We can make it happen but only if we put our minds and hearts into it. Let’s stop the oppression and let’s stop the discrimination against our community.
I am a MtF TS who transitioned four months ago in a high-rise building in downtown Dallas only a few blocks away from the DART building. I had the complete support of all upper management in my workplace and have had unbelievable support from my coworkers. Not all people or organizations in the Dallas area are unsupportive or bigoted towards Transgender employees.
It is a completely different world where I work and I am only a few blocks away from the pure bigotry at DART. DART needs to emerge from the 1950’s and join modern society!
I for one will never ride any DART vehicle until they change their totally ignorant, bigoted policies. If they are bigoted against their Transgender workers then they are bigoted toward ALL Transgender people and would not want someone like me to use their services — so I won’t!
Notably, a Dart committee voted unanimously today to add Gender Identity to its Nondiscrimination Policy.
Also of note, the Texas legislature voted unanimously in 2009 to permit post-op transpersons to obtain marriage licenses by presenting a court ordered gender change as proof of ID. If that’s not legislative endorsement of these court orders and their effectiveness, I don’t know what is. The Judge seems to have panicked.
I’m sad for the victim of these circumstances, but this problem did come to light, and DART appears to be changing its policies, so there is a silver lining. Congrats to everyone who helped make this happen.
Yes GlindaG they did it now moves to the committee of the whole board for a vote on May 25th. The new adoption only covers Gender Identity not Expression. It is perhaps that Expression opens up the bathroom objections. I don’t really know; just a hunch