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    April 30

    Custody Terms Changed

    In “Ohio Appeals Court Switches Custody from Trans-Affirming Mom,” Professor Arthur Leonard covered Smith v. Smith, 2007 WL 901599, 2007–Ohio–1394 (March 23, 2007; please see page 63 of the April 2007 edition of the Lesbian/Gay Law Notes).

    The Court of Appeals of Ohio, 7th District, approved a decision by the Jefferson County Court of Common Pleas that custody of a young boy exhibiting signs that he wanted to be treated as a girl should be switched from his mother, who had actively acknowledged this trend and planned to smooth her son’s voyage of gender transition, to his father, who actively opposed this conclusion and rejected the contention that his son is transsexual.

    By the time the child’s parents ended their marriage, Christine “had already displayed signs of gender non-conformity at that point,” according to Professor Leonard’s summary. Christine’s mother, Victoria, “did some research about transsexuality and concluded that her son was transsexual.” She “took him to an adult transsexual support group, began researching the appropriate age to provide hormone treatments and gender reassignment surgery, and moved herself and the two boys to a different town where she could register her son in school as a girl.” As a result, Kevin, Christine’s father, “petitioned to gain residential custody.”

    The Notes provided a summary of the opinion:

    The opinion for the appellate court by Judge Waite suggests that the trial undertook extensive investigation in this case to obtain education about gender identity, hearing from two medical experts on each side and appointing a neutral expert. Ultimately, the trial judge concluded that it was premature to label the boy’s gender identity, disagreeing with his appointed neutral expert to some extent. From the evidence summarized in the opinion, it would be difficult to say whether the boy is a transvestite or a transsexual, as it appears that in some respects he identified as a boy and happily engaged in the kind of play activity characteristic of pre-teen boys, but in others he identified as a girl, seeking to dress and be addressed as Christine. In light of the mixed expert testimony and the youth of the child, as well as the judge’s conclusion that the mother could not be relied upon to comply with the court’s orders to refrain from encouraging the boy to develop his feminine identity, the trial court ordered the change of custody sought by the father.

    Professor Leonard offered some observations:

    It also seems clear that the court is assuming that it is in the best interest of the child to develop a gender identity consistent with his birth-assigned sex, a point apparently not open to argument. It is also difficult to figure out from this opinion anything about the mother’s motivations in this situation, although the court concludes that she was acting in what she thought was the child’s best interests. Victoria represented herself pro se in the appeal, while Kevin was represented by counsel, and so it is also hard to know whether the outcome was affected by the lack of professional advocacy in her behalf.

    At The Leonard Link, Professor Leonard added updates on this case. In particular…

    We have also been informed by a different source - not the mother - that the trial judge significantly misrepresented the record in his findings, that the mother actually had the child evaluated by two reputable gender identity experts who advised allowing cross-dressing and the other aspects of living in a female identity [emphasis by Jen], but for some reason the trial judge preferred testimony offered by the father’s experts, advocates of reparative therapy and outside the consensus of knowledgeable experts in this field.

    A broader question was raised by this case, as put succinctly by Dr. Jillian Weiss in the comments at The Leonard Link: “Who is to provide judicial education on transgender issues?”

    April 20

    Bush Administration Prying into Medical Records??

    Americablog (John Aravosis), USA

    Bush administration is prying into your medical records in violation of the law

    by John Aravosis (DC) · 4/19/2007 11:15:00 AM ET

    We learned yesterday <http://tinyurl.com/ysmpwx> that the Bush administration has created a
    database of every single prescription drug user/patient in the
    country (that would pretty much be all of us). The database was
    created pursuant to a 2005 law <http://www.talkleft.com/story/2007/4/18/222617/717>
    that was intended to prevent the
    abuse of prescription drugs. Funny that this massive new database of
    your private medical information is now being (ab)used for a purpose
    that wasn't intended in or approved by the law.

    The federal database of your private medical information is now
    being used by federal law enforcement to investigate crimes that
    have nothing to do with prescription drug abuse. We know this
    because yesterday ABC News disclosed that the feds checked the
    database to see what prescription meds the Virginia Tech shooter
    might have been on. How does the mass murder of students and faculty
    at Virginia Tech have anything to do with prescription drug abuse?
    It doesn't.

    The Bush administration has created a massive database of your
    private medical records and they're now abusing it. Gee, what a
    surprise - the Bush administration secretly prying into our private
    lives in violation of the law. If they wanted this power, they could
    have sought it from Congress. They didn't. So they took it anyway,
    even though the law doesn't allow it.

    Your privacy is gone, and it's not terribly clear that anyone in
    Washington cares.

    Labels: health care, privacy, va tech shooting

    Copyright 2007 - John Aravosis

    http://americablog.blogspot.com/2007/04/bush-administration-is-prying-into-your.html
    April 19

    Support the Hate Crimes Prevention Act

    Dear Member of Congress:

    Every day transgender people across our nation are threatened with violence and discrimination. Just walking down the street can require extraordinary courage in the face of intolerance and hostility. Far too often, harassment escalates to an attack, resulting in serious injury or even death. Transgender people often live in fear of those who translate their personal prejudices into violence directed against us.

    Despite the extreme levels of violence often wielded against transgender victims and the frequent use of anti-transgender language, these crimes are not tracked or addressed as hate crimes because gender identity is not included in the federal laws.

    In order to stem the tide of violence, the passage of legislation like the Local Law Enforcement Hate Crimes Prevention Act is vital.

    We believe--as we know you do as well--that America should be a country where all of its people, of all races, classes, abilities, genders, gender identities and sexual orientations, should live in safety, free from hate-motivated violence.

    Please pass the Local Law Enforcement Hate Crimes Prevention Act.
     
     
    Thanks,
    Dana 
    April 18

    Heated debate over graphine transisters

    Using the world’s thinnest material, Graphene, researchers at the University of Manchester have created the world’s smallest transistor. According to Professor Andre Geim and Dr. Kostya Novoselov from The School of Physics and Astronomy at The University of Manchester, the new transistors are only one atom thick and less than 50 atoms wide. The development opens the gate to superfast computer chips at sizes not possible before with standard Silicon transistors.

    According to the semiconductor industry roadmap, miniaturization of electronics will face its largest challenge in the next twenty years. This is because Silicon based technology will begin to reach its minimum size limit. 

    Graphene, a form of carbon that is only one atom thick, may provide a solid alternative for even further miniaturization of electronics as silicon-based technology reaches its limit.

    Graphene transistors were originally created two years ago, but at that time they were very “leaky” meaning current could not be turned off to zero. The “leaky” quality of the transistors effectively limited their uses, and rendered them useless for employment in computer chips and electronic circuits. But over the course of the past two years the research team at the University of Manchester was able to overcome this problem, and have created fully-functional and stable Graphene transistors.

    Graphene transistors remain stable and conductive even when they are only a few nanometers wide. This is in contrast to all other known materials, including the dominant silicon transistors, which “oxidize, decompose and become unstable at sizes ten times larger.” This is the barrier that current silicon-based technology is approaching and is likely to also be its downfall.

    "We have made ribbons only a few nanometers wide and cannot rule out the possibility of confining graphene even further - down to maybe a single ring of carbon atoms," says Professor Geim of the University of Manchester.

    Graphene provides a solid alternative to Silicon and according to Geim can lead to even further reductions in size. Geim expects future electronic circuits to possibly be carved out of a single Graphenesheet.  

    Dr Leonid Ponomarenko, who is leading this research at The University of Manchester, is optimistic of the technologies’ future.

    "The next logical step is true nanometer-sized circuits and this is where graphene can come into play because it remains stable - unlike silicon or other materials - even at these dimensions."

    Geim believes that Graphene is the only viable successor to Silicon after the currently dominant technology reaches its limit.  Graphene-based circuits, however, are not likely to be completely ready until 2025.

    Killing called hate crime

    Wayne County prosecutors described the sexual
    assault and murder of a transvestite father of two as a hate crime
    as a trial began Monday for a Ypsilanti man accused of the killing.

    Assistant Prosecutor Eaton Curtis described the details leading up
    to the bludgeoning death of 46-year-old Robert Lee Armstrong, whose
    children found him face-down with "gaping wounds" to the back of his
    head in his Canton Township trailer last April.

    Andre Marcel Adams, 34, stands charged with first-degree murder. If
    convicted, he faces life in prison.

    "He (Adams) watched him (Armstrong) from a distancepicked him up,
    assaulted and murdered him in cold blood," Curtis said, in her
    opening argument to jurors in 3rd Circuit Court.

    Defense attorney Charlotte Steffen-Ramirez claimed the defendant and
    Armstrong, a dock supervisor for Eby-Brown, were friends and had a
    "sexual relationship." Steffen-Ramirez said the two were together at
    Armstrong's trailer on the night of the murder, but claimed that
    after Armstrong passed out from drinking, Adams covered him with a
    blanket "to protect his decency," then left.

    The defense suggests that others committed the crime, namely
    Armstrong's in-laws, who had "the opportunity, motive and desire,"
    Steffen-Ramirez said. Armstrong's wife, Joyce, separated from him
    years earlier because of his "alternative lifestyle."

    Armstrong's sister Suzy Melfi, 53, who admitted none of her family
    members knew he was a cross-dresser, said she didn't believe the two
    men were dating. "There's no way," said Melfi of Ypsilanti. "That's
    totally not true. They (the defense) are grasping for straws."

    Six witnesses took the stand on Monday, including Melfi, four Canton
    Township police officers and Armstrong's next-door neighbor at the
    trailer park, where he lived for about a month before his two
    children, Ashley, then 10, and Kyle, then 8, discovered his body in
    the back bedroom of their trailer April 15, 2006.

    Adams was arrested in October by North Las Vegas Police in
    connection with the murder after Canton Police said they had
    forensic evidence, including fingerprints and blood found inside
    Armstrong's trailer, connecting Adams to the murder.

    Prosecutors showed the jury pictures and a video recording of the
    crime scene and the alleged murder weapon -- a NASCAR-themed
    flashlight found in the blood-splattered trailer. Testimony from
    about 10 other witnesses is expected to continue today, Curtis said.
    April 07

    So there may be another mention, a cross-reference, a plea...

    On August 4th 1989 a person who was very dear to me became an auto accident victim.  If you believe that this statement is about as unemotional as it can get, I wish I could show you the enumerations of opening lines to today's blog entry I crafted.

    Although I have never stopped playing the old "what if" games since her passing, I have secretly fantasized that she simply decided to move on, re-invent herself, never to be seen or heard from again.  It may be important to note that there are quite a few people from my past whom have accused me of executing a similar maneuver and I suppose my only response is, "I object." 

    About once a month or so, I play the Internet archive detective and I'll spend a couple of hours trying locate a shred of evidence that she ever really existed in the first place.  I often wonder how anyone located friends and loved ones that went missing before the glory of the Internet.  Search engines like Google.com and Live.com have really helped to bring the cold distances of our lives a little closer to familiarity. 

    Average individuals are no longer just lost in the annals of time, their blog entries and photo albums and political insights will immortalize them not only through current search indexes but also through the incredible efforts from organizations like The Internet Archive who's banner philosophy is "Universal Access to Human Knowledge."  Amidst the other services they provide, they have been retaining multiple versions of a great deal of Internet information since as early as 1996.  Last I checked they were boasting having some 85 billion pages archived, this is truly a Herculean effort.  The first effort, other than library catalogs, to index the Internet was created in 1989, as Peter Deutsch and his crew at McGill University in Montreal, created an archiver for FTP sites, which they named Archie. 

    Bare with me, I have a point...

    Sadly, the average person that I lost died long before the Internet began remembering her. Furthermore, when I search for her name there are only two positive hits that come back from Google.com or Live.com and both of these were created by me.  I authored two memorial entries for her at The Virtual Memorial Garden; One from Bill and the other from Dana.  I find it impossible to believe that I am the only person living on this planet who has memories of this person to share.

    For a while I took solace while I was tracking press articles relating to her uncle who was the mayor of the town in which she lived.  Recently, he too passed away and now I am left without any connection.  This is a pretty serious indication to me that very soon, there will be no-one living with whom I can relate my connection to her.

    I suppose this is a plea, if you had a connection to this person; please contact me and let's help her to have an Internet afterlife. 

    Her name was Dove Ann Glass.

    Always,

    Dana

    Swedish team announces successful womb transplants in sheep

    Swedish researchers announced on Wednesday that they had successfully
    carried out womb transplants on four sheep, which subsequently became
    pregnant.
    They say the success of the operations brings the prospect of human
    uterus transplants one step closer.
    The sheep were operated by laparotomy, an incision through the
    abdominal wall, said Professor Mats Brännström of Gothenburg
    University's department of Obstetrics and Gynaecology.
    "We took the uterus outside the body, we kept it for a couple of
    hours outside the body," he added.
    When they put the uterus back in the same body they connected it with
    other blood vessels and to the vagina.
    "After four to six weeks the sheep went back to the farm and then
    they have been put with rams and they have been mating and four of
    the five are pregnant," Brännström added.
    "I think this is successful, because what it proves is that you can
    put the uterus back with a different blood supply and you can do that
    in large animal species.
    "I think this is one small step forward to human uterus
    transplantation."
    One of the main difficulties in the operations had been the problem
    of reconnecting the blood vessels, he said.
    Of the 14 sheep used in the research, some had not survived the
    operations, according to a report in the magazine New Scientist.
    Brännström said that from next week, they planned to move from
    removing and replacing a uterus from the same subject, to
    transplanting a uterus from one subject to the other.
    But this would bring a fresh complication, he added: the risk of the
    recipient rejecting the uterus.

    April 01

    Stanton and the Times were never 'in cahoots'

    By DIANE STEINLE Editor of Editorials
    Published April 1, 2007
    When you know only half of the story, you don't know the whole truth.
    The Rev. Charlie Martin is senior pastor of First Baptist Church of
    Indian Rocks, one of the biggest churches in the county. He said on
    television recently that I and the St. Petersburg Times were "in
    cahoots" with now-former Largo City Manager Steve Stanton about his
    plans for a sex change.
    People may have assumed they were hearing the whole truth because the
    Rev. Martin is a good speaker with an authoritative delivery.
    But the reverend failed to tell the rest of the story and therefore
    misled people.
    Let me complete the story.
    Martin made that speech March 23 at the emotionally charged,
    televised public hearing at which Stanton, after 14 years as city
    manager, appealed to the City Commission to let him keep his job.
    Three weeks earlier, the commission had voted 5-2 to fire him, less
    than a week after the news broke that Stanton intended to have gender
    reassignment surgery.
    Stanton's revelation that he had been cross dressing and intended to
    become a woman blindsided most of those who know him. My jaw dropped
    when I heard it. I didn't have a clue. Neither did others who work at
    this newspaper.
    Yet in his March 23 comments before the commission and the television
    cameras, the Rev. Martin implied that I and my newspaper were
    involved in a secret conspiracy with Stanton.
    Martin apparently reached this conclusion because of something
    Stanton wrote in an eight-page plan detailing how he would "come out"
    to city employees and the public. He was working on the plan with the
    help of Mayor Pat Gerard, in whom he confided on Jan. 1.
    On Page 1 of that plan, Stanton placed this heading: "Confidential
    meeting with editors of SP Times Friday, May 18, 2007." He then wrote:
    "I had a brief discussion with Diane (Steinle) eight months ago and
    told her I was planning on talking with her in the near future to
    discuss a 'personal issue and leadership opportunity.' I am confident
    she will meet with you (Mayor Gerard) and me off the record in
    exchange for writing a story prior to the release of the information.
    It is critical to have the support of the paper in this effort and I
    am confident that the Times will be supportive and see this as an
    opportunity to demonstrate diversity in the workplace, etc."
    Pastor Martin read that section of Stanton's plan aloud at the
    meeting and treated it like some kind of smoking gun. He said, "Mr.
    Stanton obviously knew by information he had obtained that the Times
    would be supportive and make this a very strong case for the cause of
    transgender people."
    Then the reverend explained that commissioners weren't firing Stanton
    because of his sex change plans but because of "other charges"
    against Stanton made by a host of residents and city employees.
    Martin didn't say what those charges were, but he said that people
    surely wouldn't rally behind someone guilty of them.
    "So Mr. Stanton and Mayor Gerard, in cahoots with the St. Pete Times,
    decided to play the big hand," Martin said. "They dealt the race
    card, or as I say, the transgender card, because they knew if they
    played that card, they could get their groups together for a
    noteworthy rally here tonight. And here you are. You came. But you
    have been tricked by those in the know: Mr. Stanton, Mayor Gerard and
    the St. Pete Times."
    I don't know why the reverend said those things or why he chose not
    to tell the rest of the story. But I'll tell you.
    Steve Stanton and I did chat on the phone months ago about city
    business, as I regularly do with other city managers, too. He hinted
    that he was thinking about his future and might have some news about
    that down the road. I asked whether he was leaving Largo, but he
    wouldn't tell me anything else.
    We didn't talk again about his future - until Feb. 20, when a Times
    reporter and an editor walked into my office and said they had heard
    that Stanton was planning a sex change. They said that when they had
    asked Stanton about it, he had refused to talk to anyone but me - and
    only off the record.
    After I scraped my jaw off the floor, I called Stanton and refused to
    grant him an off-the-record interview. I explained that as
    journalists, our job is to get important news into the paper for our
    readers, not carry it around in our heads. And a public figure's
    planning to get a sex change certainly was important news.
    But we talked some more, and Stanton said he would tell our news
    reporter everything, on the record, if we would hold off a day so
    that he could talk to his 13-year-old son first. We agreed, and the
    next afternoon, Feb. 21, the first story was posted on the Times Web
    site.
    I didn't find out until later that Stanton had a written plan and
    that he had assumed, incorrectly, that I would talk to him off the
    record about such an important story.
    The Rev. Martin tried to skewer the newspaper in a public venue by
    telling half of the story and making unfounded accusations. I'm more
    comfortable giving folks all of the information they need so that
    they can make their own judgments.
    This newspaper is telling the Stanton story professionally and
    sensitively, as it unfolds, because that's our job.
    Regarding Stanton's statement that he was "confident" the Times would
    be supportive, that was a guess on his part. But I'm proud our
    editorials called for Stanton to be judged on his job performance,
    not his gender. Isn't that how all of us would want to be treated?
    Diane Steinle may be reached by e-mail at steinle@sptimes.com.
    © 2007 • All Rights Reserved • St. Petersburg Times

    Man is charged in transvestite slaying

    A man already charged in connection with a 2004 slaying
    now stands accused of fatally shooting a transvestite six years
    earlier after learning that the victim, with whom he'd had a brief
    sexual relationship, was not a woman but a man.
    Isaac Fountain, 26, was charged with murder Thursday in connection
    with the slaying of 19-year-old Victor Olvera of Fort Worth.
    "The motive appeared to be that he had a previous relationship with
    the victim, not knowing that the victim was actually a male," said
    homicide Sgt. J.D. Thornton. "He later found out from some of his
    friends that [Olvera] wasn't a woman and then he basically hunted him
    down and killed him."
    A man walking behind the Shop & Stop convenience store in the 2600
    block of South Riverside Drive on the night of Sept. 8, 1998, found
    Olvera's body, dressed in women's clothing, a few feet from a
    sidewalk. He had been shot several times with a shotgun, police have
    said.
    Fountain, who court records also identify as Gerald Walker, remains
    in federal prison in Fort Worth in connection with Operation Fish
    Bowl, a 20-month local and federal investigation of the southeast
    Fort Worth drug trade that led to 40 drug trafficking indictments.
    He was charged with capital murder in February in the robbery and
    fatal shooting of 24-year-old Keiss Allison. Allison was gunned down
    in the 4900 block of Flamingo Road while running from two armed men
    who went to his apartment on July 25, 2004, and robbed him of drugs
    and money.
    A second man, 24-year-old DeMarkcus L. Clark, is also charged with
    capital murder in connection with Allison's death.
    Thornton said it was during Detective Matt Hardy's investigation of
    the Allison case that Fountain also surfaced as a suspect in Olvera's
    death.
    "He interviewed several persons, one of which indicated that Fountain
    was also involved in the murder of a transvestite some years ago,"
    Thornton said. "Hardy was able to locate the case matching the
    details given by the witness."