Author: Ahmed Kamran

By Gretchen Feil

In 2012, our late founder Robina Asti, 92 at the time, googled “LGBT rights” online when she faced discrimination from the Social Security Administration. Asti had been in the closet for 30 years, but promptly “marched” into the Lambda Legal offices in New York City to seek legal counsel in order to “come out to fight for herself, and for a larger community,” Dru Levasseur told us in a recent interview. 

We met with Dru Levasseur to discuss his experiences as a renowned transgender activist and lawyer, and he recounted this unforgettable introduction to Robina. Despite being treated as “suspect” and being denied her rights to survivor benefits from the Social Security Administration when her husband Norwood Patton passed away, Levasseur said that Robina acted as a “powerful activist.” Asti was denied her survivor benefits on the basis that her and Patton’s marriage was invalid because the Social Security Administration claimed that she wasn’t legally a woman at the time of her marriage, even though Asti had “taken every step possible” to change her identity documents, and had lived in the world as a woman for decades before her marriage. 

With the help of individuals like Dru Levasseur at Lambda Legal, Asti was able to make an appeal for her case, and won. On Valentine’s Day the following year, Asti’s survivor benefits finally appeared in her bank account. Asti said that “I felt like it was my husband’s Valentine’s Day gift to me.” Levassuer explained that this wasn’t just a victory for Robina, it was an “impact litigation. . .it was the kind of impact case where it affected every trans person who would be applying for survivor benefits with Social Security. They had to adjust their policy.” 

In a over two decades as activist, Dru Levasseur has worked on countless other legal cases and transgender rights campaigns that have made important strides for for the transgender and greater LGBTQ+ community. We spoke with Levasseur about his experiences working with trans plaintiffs, and he said that it was “meaningful” both for him and his plaintiffs to be able to connect on the basis of their gender identities, especially considering the circumstances that many clients were forced to go through when going public with their cases. 

Prior to going public with a case, Levasseur explains to plaintiffs that it is unlikely that they will ever be able to fully go back into the closet, that they could face extreme amounts of backlash due to a lack of understanding and blatant prejudice that members of the transgender community face. Despite this, Levasseur told us that he is also able to reassure individuals that he would do his best to keep them “safe and anonymous.” Moreover, as a trans attorney, being able to tell “another trans person: what you’re going to do is so important, it would be such a gift, to tell your story, to put yourself out there in court papers,” was extremely impactful. Levasseur continued “we have to keep the power where the pain is. . .We are the experts on our own lives, and I firmly believe that with any marginalized population,” those are “the people who need to be leading the work, and that’s not easy.” However, “I never had somebody say ‘well then I don’t want to do it.’ They always said yes.” 

In addition to supporting plaintiffs throughout their court cases, Levasseur makes a point to mentor the next generation of activists. He told us “I’ve done public interest my whole career. That was what I aimed to do, and that’s what I’ve done, so I’m very passionate about mentoring the next generation of people. As I shared, my own path was very challenging, and I felt very alone, it was very difficult for me to find mentorship.” 

For that reason, Levasseur vowed to always make himself available, “to always invest in other people, particularly trans people of color, who are not represented, particularly in the legal profession.” Levasseur’s work and values “have been around making that space [for mentorship], and then also moving out of the way, which I think not a lot of people talk about,” because, “at some point, you have to say that you’re taking up this space, and you have to move on.”

Currently, Levasseur works at the National LGBTQ+ Bar Association, where he is the Director of Diversity, Equity, and Inclusion. There, he says, “I get to do coaching and mentorship for associates, attorneys, firms, people in workplaces, and law students. So that’s already embedded in part of the work that I’m doing.” Additionally, for the 2021 – 2022 school year, Levasseur will serve as the Wasserstein Public Interest Fellow at Harvard Law School, which is an important step for transgender representation at such an influential institution. There, he will meet with and mentor law students, hoping to inspire the next generation of legal professionals. 

When asked who Dru looks to when he needs motivation, he said he seeks out “family members, partners, people who were there at critical moments when I felt like I had nobody else rooting for me and who really saw me. . .I think [something] shared by a lot of trans people is the need to feel seen. I think all human beings need to feel seen, but especially trans people, when you are aware of who you are, but the world isn’t seeing you that way yet, or maybe they never will. . .It’s so incredibly painful, because you feel invisible. . .So the people who have seen me, and reminded me when I forgot who I was in those moments, that’s who I think I lean on when I have those moments of ‘Can I do it?’”

Levasseur also told us that “one of the things I didn’t see coming with this career and path was that I was going to have to bury a lot of people, especially in the trans community. . .So I think about that, when you ask me ‘Who keeps me going?’ I try to bring [them into] the room, when I’m afraid to speak, or when I have to say something that’s not going to be popular with the cis people in the room. What gives me the courage is that I try to channel, almost like an army of all of the lost people. . .That gives me courage – they’re not here to say this, but. . .those are the people I still have to be fighting for.” 

Looking towards the future, Levasseur told us that “my hope is that it gets easier for people to come out, and to accept themselves. . .My hope is that there’s going to be deeper community connections and opportunities.” Levasseur believes he shares similar fears with other trans people: “to be in the hands of a world that doesn’t understand you and thinks there’s something wrong with you.” For this reason, Levasseur explains that “it’s really important to feel safe in oneself, and to feel lovable, so that you are open to allowing people’s love in. I think that is something that’s really critical for people to believe: that they deserve love. I want to be a force for trans people particularly, where they feel like they are worthy and deserving of love in their life, and whether they are alone or not, they are going to be okay.”

By Skyler Brown

A law passed 157 to one in June by the Hungarian parliament has banned the circulation of content “deemed to promote homosexuality and gender change” in schools and to individuals under 18-years-old went into effect in early July, sparking domestic upheaval and international criticism (France 24). Despite discrimination against sexual orientation and gender identity being banned in 2004 and civil partnerships between same-sex individuals becoming recognized in 2009, Hungarian PM Viktor Orbán and the Fidesz conservative party have been steadily encroaching on marginalized communities since coming to power in 2010 (NBC News). Other legislation passed in the last year has amended the constitution to ban same-sex partners from adoption and sought to prevent intersex and transgender individuals from changing their gender markers on official documents.

This latest anti-LGBTQ+ measure does more than limit comprehensive sex education and informed discussions on gender identity, however. Sharing any information on these topics with those under 18 is outlawed, including advertisements and other forms of media, so long as the government believes it could be directed toward that demographic. According to those who have studied it, “the law means that TV shows and films featuring gay characters, or even a rainbow flag, would be permitted only after the watershed” (The Guardian). The bill also incorporates harsher punishments for pedophiles, conflating non-heterosexual and non-cisgender identities with pedophilia.

EU leaders and human rights activists have condemned these actions and the Venice Commission, one of the leading human rights institutions in the region, has found that it makes “the legal recognition of gender of trans and intersex people unconstitutional and therefore impossible,” with it being “incompatible with international human rights standards” (France 24). It marks a more sinister development in recent Hungarian politics, as the Fidesz party continues to target marginalized communities to strengthen its bid on power. It is no coincidence that Orbán, who campaigned on anti-immigrant policies and anti-Roma sentiment, has placed mounting pressure on the LGBTQ+ community with new elections around the corner in 2022.

These trends not only negatively impact the queer community, as it promotes further stigmatization and discrimination, but undermines democracy as a whole through fear tactics. Growing attacks on the civil liberties and freedom of expression of one group mean the process can be repeated. By expressing support for LGBTQ+ individuals and their identities, international actors provide validity for domestic protesters and those that oppose the new law. International backing means that Hungarians who speak out will be more protected from abuse by their government, as any mistreatment could result in more tangible penalties such as sanctions.

Because of this, the Budapest Pride Festival, which started in late June and concluded last Sunday, received backing from more than 40 embassies and foreign cultural institutions in Hungary. Protest and Pride came together on July 24th as thousands marched in the streets for the annual Pride parade.    As a 16-year-old, Mira Nagy is the exact demographic the government seeks to “protect” through this legislation. She also just so happens to be a part of the LGBTQ+ community, and she made a point of attending Pride in Budapest. When speaking with NBC News, she highlighted the seriousness of this year: “[It] is much more significant, because now there are real stakes.”

By Skyler Brown 

Laurel Hubbard’s participation in these upcoming games will make her the first transgender Olympian in history. She became eligible for competition following the rule change in 2015 made by the International Olympics Committee (IOC). Hubbard was nominated by New Zealand Olympic Committee after placing 15th in the world for her performance in the 87-kilogram (192 pounds) weightlifting category. Having come out in 2013, the 43-year-old was granted IOC backing due to her meeting requirements for the female category. 

Unfortunately, her participation has not been without controversy, both in regard to what some believe is the disadvantage allowing trans women to compete creates for cisgender women in sport, as well as the inherent issues in how the IOC qualifies what a woman in sports must be. As reported by CNN, Hubbard’s inclusion in the upcoming games “has generated a fierce debate on gender, sexism and sport.” According to the specifications set by the 2015 ruling, trans women must have been out for at least four years and be able to prove that their testosterone levels remained below 10 nanomoles per liter (nmol/L) for at least a year in order to qualify. Meanwhile, a transgender man would have no set restrictions to compete. Previous rules known as the Stockholm Consensus required transgender individuals to undergo sufficient hormone therapy and surgery to fit their gender expression, including the removal of their ovaries or testes, among other things. 

Some argue that these regulations that Hubbard’s – and other trans women’s – participation in sports are still unfair to cisgender women. The argument is that trans women who transition after going through male puberty will still benefit from increased muscle and bone density even if they fall under the threshold set for testosterone level. The reality, however, is less clear. Very few studies have actually been conducted on the effect that transitioning has on athletes, especially when they participate on the elite level. A study conducted by Joanna Harper, a marathon runner who has competed as a trans woman for the past 17 years, was one of the first studies on transgender women in sport, and it was only done in 2015. It found that of the eight non-professional trans women runners had “significantly slower races after transitioning” and performed at “approximately the same level against their female peers as they had against their male peers prior to their transition” (CNN). It is also important to highlight that even though the Olympics and Paralympics have been open to trans athletes since 2004, Hubbard is the first to qualify. Of the 54,000 Olympians and Paralympians who have competed in the span of 17 years, only one has been transgender.

On the other hand, some say that the restrictions set by the IOC when it comes to testosterone levels has also policed the bodies of cisgender women, primarily women of color. Five women in particular have been banned from the upcoming Tokyo Olympics due to naturally higher testosterone levels. World Athletics (the international trand and field association) regulates cisgender women’s natural testosterone levels, too, in order to maintain “fair competition.” Those who have testosterone levels exceeding 5 nmol/L cannot compete in several events unless they take medication to reduce their testosterone levels. It is because of this that Namibian sprinters Beatrice Masilingi and Christine Mboma, Francine Niyonsaba of Burundi, and Margaret Wambui of Kenya are prohibited from participating in Tokyo. Even two-time Olympian Caster Semenya of South Africa is banned from competing. It leaves activists such as Zoé Samudzi begging the question, “At what point does a naturally occurring biological phenomenon become an ‘unfair advantage,’ rather is it a matter of ‘for whom’?”

So while, yes, milestones are being reached for transgender participation in sports, there is much more that needs to be done. Rights activists argue that these fights especially need to be addressed on a non-elite/professional level. Biases and systemic forms of oppression must be replaced. As of June 22nd this year, 25 states have introduced bills seeking to limit or outright ban trans girls and women from participating in sports on teams that align with their identities in the past legislative year. Eight states have completely forbidden them from taking part in girls’ and women’s sports teams in public secondary schools and colleges. Representation such as the Olympics is important. With more than half of transgender and nonbinary teens and adults worried to participate in sports due to their identities, the choices of the IOC and state legislature have the potential to further alienate a group that already suffers from higher rates of suicidal ideation. As Jamie Veale, President of the Professional Association for Transgender Health Aotearoa, states: “It feels like this is a dream of these young people that we can either nurture or we can shatter” (CNN).

By Gretchen Feil

Last week, we wrote about some of the brief histories behind non-binary identities across different cultures and time periods. In honor of International Non-binary People’s Day todayThe Cloud Dancers Foundation highlights contemporary non-binary and gender nonconforming individuals who are working for positive change in their communities. 

International Non-binary People’s Day has been celebrated since 2012, falling on July 14. This date was chosen because it is the midpoint between International Women’s Day and International Men’s Day, a clever nod at what it means to be non-binary. Non-binary individuals reject the dichotomy of gender that is present in many cultures today, recognizing that gender is a spectrum, not an opposing binary. Non-binary individuals do not identify as men or women, and find themselves somewhere in the in-between of the spectrum that is gender. Many non-binary individuals use they/them/theirs pronouns to properly reflect their gender, and many others may also use a combination of pronouns such as she/they, they/he, neopronouns such as ze/zir, or even feel that any pronoun is appropriate for their gender. 

The following non-binary and gender nonconforming advocates, many of them proud trans adults and elders, are only a few individuals working hard to make important strides in their communities today:

Dana Zzyym

63, they/them/theirs

Dana Zzyym, a Navy Veteran and non-binary as well as intersex advocate, has been working towards equity for intersex and trans communities. Over six years ago, Zzyym filed a case against the State Department with the support of Lambda Legal (the same organization that helped our late founder, Robina Asti, win her case to receive Social Security Benefits as a transgender woman), in order to finally recieve a passport that properly reflects their gender as an intersex and non-binary person. Zzyym’s lack of a passport has prevented them from traveling to international conferences, where they have been invited to present on intersex issues. 

However, on June 30th 2021, the State Department gave the news that non-binary, intersex, and gender nonconforming individuals will now be able to use an “X” gender marker on their passports. The State Department has not provided a date by which this new policy will be put into action, but Lambda Legal stated, “The update to the State Department’s policy has been a long time coming and is prompted in large part by three separate court rulings in Dana’s favor.”

Dana currently works as an associate director for Intersex Campaign for Equality, and has said that the new policy is a relief: “We don’t have to lie to get our passports. We can just be ourselves.”

Ser Anzoategui

41, they/them/theirs

Most known for playing the role of Eddy, a queer widow in the show Vida (2018-2020), Ser Anzoategui has been paving the way for non-binary actors in television, film, and media. Vida addresses themes such as gentrification, colorism in the Latinx community, and the experiences of queer people of color, among others. The show provides much needed representation of members of the queer Latinx community, and has recieved many accolades.

Anzoategui’s outstanding performances have made them eligible for both the Golden Globes and the Screen Actors Guild awards. They were also nominated for the Imagen Awards in 2019, which aim to “[recognize] and [encourage] the entertainment industry to portray the Latino community in a positive and accurate manner.” These nominations and eligible statuses, however, came at a cost: there is no non-binary award category. This forces non-binary actors to choose between two genders, man and woman, which do not properly reflect their gender identities. This erasure of non-binary identities and experiences only serves to shrink the little representation that non-binary people have in the media, and Anzoategui writes of the dysphoria it can cause as well.

However, Anzoategui has used their spotlight as a non-binary Latinx performer to advocate for change in the industry. In February this year, Anzoategui penned an article describing why there needs to be non-binary performance categories at award shows, which will help prevent only one of the “painful” and “unacceptable” experiences that non-binary performers have to go through in the industry.
Anzoategui writes that “this advocacy for the non-binary category is bigger than our industry; it contributes to normalizing our bodies. It gives us value and worth on the streets we walk daily where sometimes safe spaces do not exist for us. . .Let us show you the beauty of what our gender encompasses. Stop limiting us from the endless ways in which we embody our gender. Embrace us. All of us.”

Mauree Turner

27, they/them/theirs

Representative Mauree Turner (D) became the first out non-binary official to be elected to a state legislature when they won the 2020 race for District 88 of Oklahoma. Rep. Turner is also the first Muslim legislator to be elected in Oklahoma, demonstrating a very important step for Muslim and LGBTQ+ Americans in Oklahoma and the United States at large, especially for those that find themselves at the intersections of these communities. 

Representative Turner achieved their election victory by a landslide, winning 71 percent of the vote over Republican opponent Kelly Barlean. Rep. Turner credits this victory to their constituents and the capacity of self advocacy, saying that, “We ran a campaign based on a lot of things and deep community power is one of those. . .We ran a campaign based off of the idea that we don’t always need to have allies advocate for us but we can advocate for ourselves. That was a message a lot of people could get behind. . .I had to put faith in my community to catch me when I jumped, and they did.”

The platform that Rep. Turner promotes is a progressive one, and their campaign website makes this clear: “Their life’s work is geared towards fighting for and maintaining the civil rights and liberties for all who enter America.” Rep. Turner mentions criminal justice reform, better public education, living wages, an integrated healthcare system, and visibility as well as accurate representation in the government as some of their key issues to be addressed while in office. 

Mauree Turner, Ser Anzoategui, and Dana Zzyym are only a few of the many non-binary and gender nonconforming individuals who are advocating for LGBTQ+ communities today. They are certainly not the only inspiring individuals to recognize this International Non-binary People’s Day, but their efforts undeniably shine through as we at The Cloud Dancers Foundation celebrate all non-binary people today and every day. 

By Skyler Brown

Despite some claiming the contrary, the concepts of a tertiary gender identity or an identity outside of the gender binary is not new. While it is certain that people on average have become much more aware of the existence of these identities, they have been recorded for millennia. In fact, they are mentioned in some of the earliest written records of human civilization. To understand gender as we know it today, it is important to see how it was viewed yesterday and beyond, as it shows that a variance in identities is a part of humanity.

Mesopotamian myths, which contain religious beliefs of the earliest human civilization, featured many references to individuals that were neither male nor female or were not what we would know today to be cisgender. One of the most powerful deities was known as Inanna (and later on as Ishtar) and had a particularly strong relationship with gender. Inanna was the goddess of sex, war, and justice as well as the queen of heaven. It was believed that she had the power to change a person’s gender, something noted by a follower as early as the 23rd century BCE. Thus, individuals with nonbinary identities were often involved in religious practices surrounding her, with “her cult members and priests were known for their androgyny and blurring or destroying the gender binary” (Academus).

One such group referred to its members as pilipili, or individuals who played roles in celebratory festivals honoring Inanna. The pilipili were originally raised in society as women (ki-sikil) but were then blessed by Inanna, who handed them a spear “as if she were a man” and renamed them (Academus). It is debated whether the handing of a spear is literal, with the pilipili becoming warriors and as a result defying traditional binary roles or if the spear refers to a physical transformation of the individual.

Another segment of Inanna’s followers was the gala or her priests. Priests were recorded to have been cisgender women, married or unwed, or women with children, but there were gala that were biologically male as well. In these cases, these individuals adopted women’s names and became women “for all intents and purposes” (Academus). They even sang in a Sumerian dialect known as eme-sal, a pattern of speech solely reserved for women to deliver the words of goddesses.

Other relics have been found showing the existence of individuals who were outside the gender binary, suggesting that it is possible that ancient Sumer recognized these identities in ordinary society and not in just religious spheres. Of course, this is speculative because the Sumerian language did not use gendered pronouns, but it is a common interpretation of these ancient texts and remaining art.

Another gender variant recorded all of the way back to before the common era (BCE) was that of hijras in the Indian subcontinent. These individuals were noted in the Kama Sutra and other ancient Hindu texts, and the term included eunuchs, intersex people, and transgender people. Despite attempts to wipe out this identity by the British following their passing of the Criminal Tribes Act in India in 1871, hijras are still present today and are legally recognized as a part of a third gender category by the state. Sadly, the efforts of the British during colonization have had an impact on society’s view of hijras, being the beginning “of a mainstream discomfort… [with] transgender people and hijras” (New York Times).

Around the same time of the Kama Sutra, approximately 385-380 BCE, Aristophanes detailed a creation myth revolving three sexes or genders. Males were believed to be “born of the sun”, while females were “born of the earth” (Diogenes). A tertiary category, androgynos (now translated to androgynous), was believed to have been born from the moon and androgynos individuals had combined male and female traits. Aristophanes claimed that androgynos no longer existed. Today, it is often suggested that Aristophanes was solely referring to intersex individuals, explaining the different physical and biological traits of males and females existing in one person, but it is interesting to speculate on the potential for the features to represent the individual’s understanding of the gender expression as well.

Finally, it is necessary to highlight the history of the two-spirit identity in different Native cultures. More than 150 Native American tribes recognized third genders in their communities prior to colonization, with many of these identities having unique names and cultural significance. Most tribes considered two-spirit individuals a third gender, being neither men nor women, and the same terminology was used in reference to them. Other tribes, however, had a distinct word for two-spirit females, making them a fourth gender variant. What is apparent, however, is that the concept of gender had much more fluidity in Native American society than its European counterpart.

Two-spirit people in some tribes held special roles in their communities, sometimes as healers or religious leaders. Unfortunately, many traditions in Native communities have been lost due to colonization, and “two-spirit roles, in particular, were singled out for condemnation, interference, and many times violence” (U.S. Department of Health and Human Services). Much of what is known has survived by being passed down orally through generations.

All of these examples scratch the surface of what is known in regard to gender expression prior to the early modern period. It is difficult to truly measure the scale because the further back one goes, the harder it is to find a wide array of text and relics from the period. What can be said for certain, however, is that individuals who identified outside of the gender binary have been a part of civilization since its infancy and have played valuable roles in a wide array of societies. This knowledge should help bring understanding that overall, human gender is quite fluid, and being aware and accepting this is part of long-practiced human traditions.

By CDF Team

We are saddened to share that our beloved founder, Robina Asti, has passed away at 99-years-old, just a few weeks shy of what would have been her 100th birthday.

Friends of The Cloud Dancers Foundation, 

It is with great sadness that we inform you that our founder, Robina Asti, has passed away. 

Robina, who was a WWII transgender veteran and the founder of The Cloud Dancers Foundation, died peacefully surrounded by her family. She was 99 and would have turned 100-years-old on April 7, 2021.

When Robina started the Cloud Dancers Foundation, she did so to help people who feel invisible feel seen. Because of your generous donations, we were able to grant our first wish in 2020. Robina was extremely proud to see her dream of bringing visibility to those who feel invisible start to come to life.

It is our mission now to continue her legacy. 

To celebrate Robina’s nearly 100 years of life we are seeking to raise $100,000 for all her years of impacting the world and to continue the mission of the Cloud Dancers Foundation. We’re calling this ambitious endeavor our “$100k for 100 Years” goal. If you are able to donate, no amount is too small. We hope you share Robina’s story with others. 

You can expect to hear more from us in the coming weeks as honor Robina on Transgender Day of Visibility (March 31) and on what would have been her 100th birthday (April 7). We are planning a public Zoom memorial and will be sharing more details on our social pages.   With gratitude and optimism for the future,
The Cloud Dancers Foundation

For any donations please visit: https://charity.gofundme.com/o/en/campaign/clouddancers.

The Cloud Dancers Foundation, 501(c)(3).

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