The

Undeniable

Ruth

®

…and the Ruth shall set you free!

  • All Genders Deserve Equal Access in Sports

    ·

    Ruth Carter

    Arizona has joined the number of states that has proposed legislation that would ban male-to-female transgender athletes from competing in female sports unless they have a doctor’s note that proves that they’re female. This law would impact athletes at every from level from K-12 schools to community colleges and state universities.

    Photo by Ted Eytan from Flickr (Creative Commons License)

    Why We’re Having This Debate

    The surge of proposed laws followed news stories last year where a female track and field athlete claimed that male-to-female transgender athletes were unfairly allowed to compete in the girls’ division. The trans athletes finished a race higher than she did, which she claimed cost her the opportunity to compete at the regional race, which could impact her ability to get a college scholarship.

    What I didn’t like about the reporting of this story is that most reports didn’t state whether the trans athletes were on hormone blockers and/or on hormone replacement therapy which would have made it a more level field than a cisgender male competing in a female sport. By the way, they’re both on hormones replacement therapy.

    School Athletics May be the Only Option

    My first thought when I heard about this proposed law in Arizona, was that trans athletes should bypass political issues in school and compete on club teams. A teacher friend pointed out that club teams are often very expensive, so the only option to participate in sports is to play on a school team.

    Is It Talent or Testosterone?

    Transgender girls are girls. They should be allowed to participate in girls’ activities, whether we are talking about Girl Scouts, entering a nunnery, or playing sports. Forcing a transgender girl to participate in boys’ activities or be left out is discriminatory and potentially devastating to her mental health.

    In the situation of athletics, I wonder how much of is this outcry based on fairness and how much is based on transphobia. Are girls afraid of being beaten by someone they view as less than a girl?

    It’s worth asking how much of these trans athletes’ success is based on talent or testosterone. History suggests that cisgender men have physical advantages over women in many sports. In looking at Olympic Records where men and women both compete in same types of events (e.g., track and field, weightlifting, etc.) the record held by the man is higher, faster, better than the women’s record. That’s why we created Title IX – to give women equal access to participate. But once a trans athlete has the same hormone level as their cisgender counterparts, I wonder if the cisgender athletes are claiming it’s unfair, but they’re using the competitions’ trans status to complain that they didn’t win.

    It’s Time to Re-Examine Division in Sports

    It’s time we re-examine how we divide participants in sports. With growing acceptance that there are more than two genders, which is backed by law in at least 17 states and Washington D.C., the traditional division of boys/men and girls/women is no longer sufficient. I’m a non-binary athlete (with a birth certificate to prove it), and when I sign up for a race, I rename the divisions “testosterone” and “estrogen” and select accordingly.  

    The International Olympic Committee (IOC) has guidelines regarding male-to-female athletes and the testosterone level they must have to compete in the women’s division. Lower level sports should adopt similar rules and require every athlete to have their testosterone level checked, and only those with a level above the threshold should be allowed to participate in the testosterone division.

    (A friend suggested that the athlete’s sensitivity to testosterone should also be tested for it is possible for a cisgender woman to have a high testosterone level and body that is completely insensitive to it, so she won’t reap any athletic benefits from having this higher level.)

    Photo by tableatny from Flickr (Creative Commons License)

    Where Change Should Start

    In thinking about this issue, if we want schools to change how athletes are divided instead of using gender in the U.S., the National Collegiate Athletic Association (NCAA) should be the leader. If NCAA schools change from men’s and women’s sport to divisions based on hormones, public and private high schools will follow suit since many of the best high school athletes aspire to receive scholarships to compete in college.  

    I sent an email to the Chair of the Board of Directors for NCAA Division I, encouraging them to modify the classification of athletes instead of using gender identity. I don’t expect a response beyond a cursory, “Thank you for your message,” but hopefully it will plant a seed that change is needed.

    Sister Laws for Access to Trans Medical Care

    If states are going to pass laws that will limit male-to-female trans athletes from participating in sports, they need to a pass sister laws that allow for adequate and affordable access to medical care for transgender people, including the ability to access care without parental consent, and laws that allow non-binary and transgender people to change their birth certificates and driver’s licenses to reflect their gender.  

  • Paying to be an Arizona Lawyer

    ·

    Ruth Carter

    I just paid $505 for my Arizona bar dues. That’s right, Arizona is a pay-to-play mandatory bar. I paid $505 just so I can be a lawyer for the next year. That’s about $42/month and just under $10/week just so I can work in my profession.

    Now, I’m not opposed to a mandatory bar, as we are a self-regulating industry. I am opposed to a state bar not giving their members their money’s worth. I’m definitely not getting $505 worth of value from the State Bar of Arizona, even with our member discounts. I have yet to meet a fellow Arizona lawyer who disagrees with me.

    One thing that makes me furious with the State Bar is there was no need to raise our bar dues from $460 (which was already at the high end of state bar dues). The Board of Governors approved the raise despite seeing that the State Bar was forecast to have a multi-million dollar cash surplus at our then rate.

    Benefits of the State Bar of Arizona

    Before I continue my rant, let me give credit where credit is due. There are some benefits to being a member of the State Bar of Arizona (besides getting to do my job):

    • Ethics Hotline: The State Bar has a number where you can discuss your ethical questions with a qualified lawyer. They will usually not give you a direct answer to your question (unless it is a black-and-white issue). My first year as a lawyer, my goals were to make a profit and not get disbarred. I was on a first name basis with one of the State Bar’s ethic’s lawyers because I called so much.
    • Fastcase: I don’t pay for Westlaw or Lexis. I do most of my case law research with Fastcase through the State Bar. It’s not worth $505/year, but it’s a valuable resource.
    • Arizona Attorney Daily 5: I like getting this email every weekday from Tim Eigo, the editor of Arizona Attorney magazine. It has information about newsworthy legal stories in current events, many of which that are relate to my practice areas.
    • Conference Rooms: When I started my firm, I used a mailbox at a UPS Store for my address and worked from home. When I had to meet with clients, I used the conference rooms at the State Bar in Phoenix which were free to use. They need a better scheduling system, but it’s useful to those of us who live nearby.
    • Investigate Ethics Complaints: One thing the State Bar does is investigate complaints against lawyers. If you read the Lawyer Regulation section of our magazine, you know there are some lawyers who either need help, have no business running a law practice, and/or have no business being a lawyer. Someone needs to be the watchdog over us.
    https://www.flickr.com/photos/joegoauktiatrcompetition/11654037604
    Image by
    tiatrcompetition20133 from Flickr (Creative Commons License)

    Back to Ranting

    One thing that annoys the crap of me about the State Bar is the fact that they charge for continuing education events (CLEs) at their own facilities. They don’t pay their speakers, so their costs to put on an event is close to nothing, and yet they charge $54-$149 per person. You will not see me at one of their CLEs as a speaker or a participant unless they change how they operate.

    What I’d Do Differently

    If I ran the State Bar, I’d immediately assess the budget – what’s needed and what’s not. When I asked the Bar what our dues pay for, I received a response that said our dues cover about 60% of their budget. (And don’t forget that cash surplus they’re sitting on.)

    Additionally, the State Bar should either offer their CLEs at their facilities for free or pay their speakers. With the money they’re sitting on, they could bring in some top-notch speakers who are worth every penny.

    I don’t know how the State Bar goes about getting discounts for its members, but I want better ones. They should look for ideas on the Local First Arizona directory to see if there are companies who might was to partner with the Bar – for office supplies, office furniture, document shredding, marketing services, and company shwag. Let’s keep our money supporting our community where we can. I’d also find value in discounts for airline tickets, a custom tailor, and hotels outside the Phoenix area, and because I’m concerned about lawyer safety, I’d love to see discounts for self-defense classes and bulletproof undershirts.

    (The one place a lawyer can’t take their gun is into a courthouse. If someone was targeting one of us, that would be a place where we’d most vulnerable. I don’t own a gun. I want a bulletproof undershirt because of the rates of violence against transgender persons.)

    Putting my Money Where my Mouth Is

    My rule is you can’t bitch unless you’re willing to do something about it. The minimum I can do is vote in the next Board of Governors election this spring. For any incumbents, I’ll look at how they voted on the last bar dues increase. In the candidates’ personal statements, I want to see their ideas to reduce our bar dues and/or provide greater value to the membership. I hope my fellow Arizona lawyers will do the same.

  • LGBTQ Bills Introduced in Arizona

    ·

    Ruth Carter

    https://www.flickr.com/photos/stockcatalog/41842139504
    Rainbow Flag by Stock Catalog

    I did a quick search on the proposed bill for this session in the Arizona legislature and saw that there are at least five bills that are related to LGBTQ rights. I am hopeful that we’ll see progress this year.

    HB2289: Non-binary Driver’s Licenses

    This bill is my baby. This bill will allow the MVD to issue non-binary driver’s licenses and identification cards. All you would nee to do to prove your gender is to submit an affidavit that says you are non-binary.

    This bill has the same verbiage as last year’s bill that died in committee. I was ecstatic to see that this bill has 16 sponsors, but then I saw that it was similar to the number of sponsors it had last year. They are all Democrats, but I believe some Republicans will be willing to support this bill, if for no other reason, because so many other states offer non-binary birth certificates and driver’s licenses. We’re going to have people who move here who only present non-binary documents. If the State refuses to issue non-binary driver’s licenses to these people, they’re asking for a lawsuit.

    HB2156: LGBTQ Equality in Employment

    It’s almost shocking that this isn’t a law yet. This bill will prohibit employers from discriminating against employees based on gender, gender identity, gender expression, sexual orientation, or marital status.

    My first job in Arizona was for the Maricopa County Department of Public Health. At orientation, the presenter went on and on about how they wanted everyone to feel comfortable working for the county and we should report any issues. I flipped to the back of the employee handbook to read the County’s non-discrimination policy. My heart sank when I saw that it didn’t include sexual orientation. This bill will prevent others from having the same experience and provide recourse against bigoted employers.

    SB1047: Conversion Therapy Ban

    If only one of these bills becomes a law, I bet it will be this bill that will make conversion therapy illegal for anyone under 18 years old. Conversion therapy for minors is already banned in 15 states and Washington D.C. Arizona, and every state, should be on this list. This bill also has support from both Democrats and Republicans.

    HB2290: Death Certificates

    This will require death certificates issued in Arizona to reflect the decedent’s gender identity. The murder rate in the transgender community is alarming, and there are issues with the police and the press mis-gendering victims as well as using the person’s “dead” name. This bill will require the state to acknowledge the person’s correct gender if it has been changed on a legal document. If the deceased has multiple documents with different genders, the gender on the most recently issued one will be used.

    Not every transgender person has their gender or name legally changed, so this bill may not help them, but it will help those who have gone through the process. In Arizona, if you are female-to-male or male-to-female transgender, you can legally change your gender on your driver’s license and social security record.

    HB2381: Crime Statistics

    The Department of Public Safety collects information about whether prejudice played a role in a crime. Currently it collects data about prejudice based on race, color, religion, national origin, sexual orientation, gender, and disability. This bill will add gender identity and gender expression to this list. Hopefully this will lead to more complete statistics.

    It’s encouraging to see Arizona lawmakers being so progressive. This is only the beginning of the legislative process. Each bill will have to get through committee and then receive a simple majority vote in the Arizona House (31 votes) and Senate (16 votes) before it will go to the Governor’s desk for a signature.