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The Mother of
Us All
Where would we be
without Phyllis Frye?
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Phyllis Frye is the Quentin Crisp, the Bela
Abzug, the Sidney Poitier of the transgender movement
in Houston, and perhaps even the country. Forthright
and smart, Frye was out there when nobody in Houston
was out there as a transgender. From speaking
to countless university human sexuality classes,
to successfully changing, in 1980, Houstons
ordinance that prohibited crossdressing, to founding
the Transgender Law Conference in 1991, to receiving
lifetime achievement awards from the national
Lavender Law Conference, the National Gay and
Lesbian Task Force, and Houstons Unity CommitteeFrye
has championed transgender causes for over 25
years. (And at no small toll from stress and harassment.)
Despite threats of saying shes going to
slow down, Frye recently announced her candidacy
for one of the county at-large positions for the
State Bar of Texas. "It is a win-win situation,
she says. "If I win, it says a lot for being
OUT, and I know I will be a terrific director
in service to the State Bar of Texas. If I lose,
it will still be a win, because Harris County
lawyers who have ignored the issue will have to
think about the issue. It is kinda like Rosie
ODonnell coming out as a lesbian parent.
People have to think about a real person that
they have come to know."
A large part of Fryes activism has been
as a lawyer, in her representation of important
transgender cases and in her legal writings, which
are creating a body of legal reference for a full
gamut of transgender issues, such as "what
clothing [transgendered people] are allowed to
wear on the job, which restroom they are allowed
to use on the job, their right to marry, and the
very definition of their sex."
To give a sample of Fryes writings, we quote
from the introduction to her sweeping law journal
article "The International Bill of Gender
Rights vs. the Cider House Rules." She starts
by describing what may be her most famous case
to date, Littleton vs. Prange, in which a San
Antonio court of appeals found that Christie Lee
Littleton had not indeed been legally married
to her husbandand thus could not sue for
medical malpractice in his deathbecause
her birth certificate said that shed been
born a boy. Frye writes:
"The decision reached by the court in Littleton
underscores the need to remove or ignore the present
body of case law and social mores that operate
against transgenders. John Irvings book
The Cider House Rules and the movie by the same
name serve as a clear parallel to the jurisprudential
approach we must take toward this type of a legal
environment. In The Cider House Rules, the experiences
of Homer and Candy, both at the actual cider house
and at the orphanage in St. Cloud, reveal a profound
theme that cannot be ignored. In life, we are
confronted with sets of rules that are legally
imposed or socially ingrained. If these rules
are absurd or inapplicable, we must ignore them
to live our lives until we are able to change
the rules or create new ones. Similarly, so long
as the laws and social mores of society are absurd
or inapplicable, transgenders must ignore them
and continue to work toward having the rules changed
or removed."
To read more about Fryes work, see her webpage
at www.transgenderlegal.com. If you wish to receive
her trans-informative "Phyllabuster"
newsletter, e-mail PRFrye@aol.com. Ann Walton
Sieber
If
you have any comments about this article, please
email them to letters@outsmartmagazine.com.
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