Currently in San Antonio, Texas, the 4th Texas Court of Appeals is deciding whether or not, the completed and legal transsexuals in Texas have actually changed their sex. If they decide no, as in the Corbett case in England, and as the State of Ohio has also ruled and legislated, then all formerly completed and legal transsexuals in Texas who have followed their doctor's advice, followed the Benjamin Standards and gone through all of the legal hurdles, will have done it all for naught.

If the 4th Texas Appeals Court, and subsequently if the Texas Supreme Court, says that chromosomes = sex, then we will have an interesting situation. Texas will have lots of XY folks running around with neovaginas, breasts, female hormones and female names but be legally MALE, and lots of other XX folks running around with phalloplasty or metaoidioplasty, breast reduction surgery, hysterectomy, facial hair, male hormones, male pattern baldness and male names but be legally FEMALE.

And of course and as usual, the intersexed with XXX, XXY, XXXY, XYY, XYYY, XYYYY and XO will mostly be ignored again, and continue to be surgically altered at birth without their consent by patronizing men who are without any knowledge of the infant's brain sex and with a coin-toss, 50-50, chance of getting it correct. Is the 4th Texas Appeals Court also going to determine the legal sex of the XXX, XXY, XXXY, XYY, XYYY, XYYYY and XO's?

How has this come about? In a nutshell, Ms. Littleton, an MTF, had genital surgery and her legal changes about 20 years ago. About 10 years ago, Ms. Littleton married Mr. Littleton with his full knowledge of his bride's completed TG past. Two years ago Mr. Littleton died from an alleged medical malpractice. In order to keep the jury from hearing the evidence of the alleged medical malpractice that is alleged to have killed Mr. Littleton, the doctor's insurance company argued at pre-trial hearings that Ms. Littleton has no standing to sue, since she is XY, neovaginaed and breasted but still legally MALE and cannot be married to another same-sex XY male.

The conservative trial court judge bought the chromosome argument and threw Ms. Littleton's male neovagina and breasts out of court. Now the whole thing is being argued in appeal. I haven't made a public statement on this matter yet because from what I have read, Ms. Littleton has a very capable attorney who has made some good arguments.

But I think it is incumbent upon us all to be prepared in the event the 4th Texas Appeals Court rules against Ms. Littleton and all the MTF and FTM completed and formerly legal Texas transsexuals and says that XY vagina possessors are MALE and XX penis possessors are FEMALE and may or may not rule on the legal sex of the XXX, XXY, XXXY, XYY, XYYY, XYYYY and XO's.

1. First we should have a parade. I'd like to invite all of you XY folks who have grown your breasts to come on down and let's have a sidewalk parade, very peaceful of course, but just not wear tops. What are they going to do, arrest us? If the 4th Court says us XY breast growers are Male, then by golly, let's give those hooters some sunshine, honey.

If the XX breast growers want to mix in to see if anyone can tell the difference in XX hooters and XY hooters, it should be interesting. Oh, and you folks in Ohio should already be sunbathing without a top. You need not wait for us in Texas to get judicial permission.

2. We need to invite all of our friends from other states (and other nations, if you can get a visa) to come get married in Texas. Just imagine. If you are an XX with a neopenis and you turn on to guys, you could then come to Texas, find the XY gay man or XY bisexual man of your dreams and get a marriage license and have a LEGAL marriage -- all courtesy of the 4thTexas Appeals Court. Or if you are an XY with a neovagina and you turn onto women, you could then come to Texas, find the XX lesbian or XX bisexual woman of your dreams and get a marriage license and have a LEGAL marriage -- all courtesy of the 4th Texas Appeals Court.

Wow, if you are bisexual and TS, you can just bring your XX neopenis or your XY neovagina into the Lone Star State and get married all you want to whomever you wish. If you think I am being facetious, there is already a case in Ohio supporting such a marriage license application. So, if the 4th Court does not establish Corbett in Texas, go to Ohio and do the same thing. For that matter, go to Ohio and get that same-sex marriage now, don't wait for us in Texas. Not to pick on Ohio, I think that Tennessee, NewYork, Florida and a few other states do not change the birth certificate. So do these same things in those states as well. Let's party!!!!

3. We will need to request some movement within the prisons and the jails of course. Unfortunately, like all populations, some transgendered folks do go to prison. Under the new Corbett styled, chromosomes = sex, standard, if that comes to be, the XY vagina possessors can set up shop in the male prisons and the XX penis possessors can demand a womens facility. And let us demand that they also place us by XXX, XXY, XXXY, XYY, XYYY, XYYYY and XO as appropriate. I trust that the Ohio, Tennessee, Florida and other prisons are also coming into compliance.

4. Just think about employment discrimination. If XY neovagina possessors remain legal males and XX neopenis possessors remain legal females, we can invite all of our friends to come to Texas where transsexuals can sue for job discrimination under Title VII and not be blocked by the Ulane trio of cases. Remember those cases said that TS folks could not sue under sex discrimination because discrimination against TS folks was change-of-sex discrimination. If the 4th Texas Appeals Court adopts Corbett, guess what? We can sue the hell out of the bastards that fire us. We will have changed sex without changing sex. Sounds good to me.

So if you do not live in Texas and have run into job discrimination for being TS, get your suitcase packed and ready in case Corbett gets adopted inTexas and you get sudden job protection under Title VII. I trust that you Ohio-law XY neovaginaed males and XX neopenised females (and New York,Tennessee, Florida and other states) are trotting down to your EEOC right now and demanding that the law be applied equally.

Maybe the HRC will do an amicus brief in favor of the insurance company to keep me and Sarah DePalma and Tere Frederickson and other Texas folks from continually pushing so hard to get TG's and gender variant LGB's covered by ENDA.

5. Barney Frank's restroom problem for keeping TG folks out of ENDA would also disappear. Maybe Massachusetts will be next. XY neovagina possessors will be able to demand, a judicially-created MALE-use of the urinals and of the mens showers. The other men will sure like that. And XX neopenis possessors will have full access to the womens room. Just think, they can comb their beards and mustaches in the mirrors while there other XX sisters apply a little lip stick and powder.

With some luck, the XXX, XXY, XXXY, XYY, XYYY, XYYYY and XO's could enter restrooms and showers previously denied them based on their altered-without-consent-at-birth genitals, and make new friends in the potty!

In all, we might start getting cleaner restrooms with stall doors that actually work and lock. Another upshot is that the womens rooms might have lines as short as those to the mens.

So in all it looks pretty good for Texas which ever way the 4th Texas Appeals Court goes. Besides, if Ms. Littleton is declared an XY neovagina possessing male, and her marriage is declared void, and her entire life is left in shambles and the lives of other MTF's and MTF's in her situation find their entire lives also left in shambles and all intersexuals in Texas are in limbo as to their legal sex status, then the conservative trial judge won't have to bother some jury panel with having to hear the facts of whether a medical malpractice might have caused someone's death.

With tongue firmly in cheek, I remain, your Phyllabuster

P.S. If you are interested in more details about the case, go to the Wednesday, 15 Sep 99, edition of the Wall Street Journal, pages T1and T4. If you read this late and the news stand is out, go to your public library. The URL for this Article: