Jameka Evans was a security guard at Georgia Regional Hospital in Savannah, Georgia. From the beginning of her employment in 2012, Evans was treated badly. She was harassed verbally and physically; she was criticized for wearing a "male" uniform and having a short haircut, and for not carrying herself in a "traditional woman[ly] manner." In short, she was being harassed for both her gender presentation and her sexual orientation.
Evans left her job about a year later, sick of the constant harrassment, and filed a complaint under a federal law known as "Title VII." Title VII prevents discrimination on the basis of sex, including sex stereotyping. The case went to a federal district court, where she lost because the court said that Title VII was intended to protect "sex," not "homosexuality."
Evans then appealed to the next court up (the 11th Circuit, since she lives in Georgia), saying that Title VII prevented discrimination against her on the basis of sexual orientation and gender presentation. That court, too, ruled against her (and as a Slate article pointed out, the ruling was weird in a variety of ways). The court separated the gender nonconformity part from the sexual orientation part. They vacated (basically overturned, but without creating precedent) that part of the district court's order, saying that she could go back and try with that part of the case again.
Evans and her lawyers then asked for something called an "en banc" hearing, which means that instead of the usual three-judge panel, all the judges on the 11th Circuit would have heard the case. This was denied, meaning that the ruling against Evans stands--at least, until the U.S. Supreme Court says otherwise.
So Evans, represented by Lambda Legal, decided to petition the Supreme Court to hear the sexual orientation part of the case. The petition (which you can download from this site if you're interested) is terrific, clearly explaining why discrimination on the basis of sexual orientation is a form of gender discrimination. It states, "It cannot be that Title VII allows an employer to fire Sharon for exercising her constitutional right to marry her girlfriend while retaining her co-worker Samuel after he marries his."
Will the Supreme Court take the case? Who knows. But I suspect it will, since nearly all the circuits have weighed in, there's a circuit split (thanks to the 11th Circuit), and it's an important issue.
To go back to the gender nonconformity piece for a minute: it's kind of interesting: Title VII definitely applies to "sex stereotyping" (as the Supreme Court decided in a 1989 case called Price Waterhouse v. Hopkins), which is what courts rely on to explain that gender nonconformity is covered. Which would seem to mean that trans people are definitely covered, right? So if the Supreme Court ruled against Evans, a few things would happen that seem like sort of untenable outcomes:
Anyhow, it's an exciting case with huge implications. Keep an eye on this one, dear readers.
Happy Butch Wednesday! A few days ago, I received this email from a reader, and decided to share my answer on the blog. Here's the email (edited for length):
I came across your blog last night when I googled "can I be a transgender women and butch."
I'm a transgender woman at the beginning of my transition to be true to myself. I started HRT a month ago during Pride. I smile when I say that because I am proud. I've spent the last several years trying to learn who I really am and where I want to go. I have some of the dysphoria most trans people talk about but sometimes I wonder why I'm not more bothered by it. I know that may sound crazy but what bothers me more is trying to understand why I feel like a woman but want to retain some form of masculinity. I prefer to wear the women's version of a masculine look. I'm athletic and a tomboy. My sexual preference is women. Can I actually be a butch lesbian and transgender? Is what I feel and the way I want to present myself accepted in the butch community? I feel like people will ask why I'm transitioning if I want to be masculine. I honestly feel like a woman.
I'm no expert on transgender identity, and I hope some of my trans readers will weigh in and share their thoughts in the comments. But personally, I think the answer is an emphatic yes. Of course you can be a MTF butch, because trans women are women, and there are all kinds of women, and butch is one of these kinds. It makes perfect sense to me!
You bring up some really good points, and I'll respond to as many as I can. The stickiest question, perhaps, is whether you will be "accepted" within the butch community. My responses are threefold:
The boundaries of the butch community, such as it is, seem more porous than ever. I've even gotten angry emails from people when I've defined butches as masculine women. These readers pointed out that I was excluding trans men, who might still identify as butches, just not as butch women. And, of course, there are plenty of nonbinary people who identify as butch, women who identify as genderqueer and not butch, genderqueer people who identify as butch but not as women--the list goes on.
One result of this increasing porousness is that it can feel confusing and/or threatening to people w hoID as butch women. After all, a hallmark of butch womanness is masculinity. What does it mean if another woman starts taking testosterone, stops identifying as female, gains muscle mass and a square jaw, and still identifies as butch? A woman who also identifies as butch may then feel less masculine in comparison. In effect, she feels she has been "feminized" in comparison to her butch counterparts. And many butches do not like to feel feminized, so it creates all this policing--e.g., "Well, that person who takes T isn't really butch--they're in a different category now." I understand this policing, and I understand the person who doesn't want to abandon their butch identity simply because they're on testosterone or no longer use female pronouns. This is part of the reason there's sometimes tension between trans men and butch women .
So this all means you're stepping into a bit of a quagmire. On the whole, I suspect that if they're concerned about trans people identifying as butches, most butch women are thinking about the FTM phenomenon, not the MTF phenomenon. There's this idea that butch women are disappearing. (Personally, I love the idea that even if we are "losing" butch women, we are also gaining them!)
If you do meet resistance from butches, I suspect that it will have to do with some of your biologically "masculine" traits. Statistically speaking, you are likely to be taller, deeper-voiced, slimmer-hipped, etc., than most cis women. Butches might be jealous. Or they might read you as a cis man, even accidentally. Even though you're a masculine woman, you might have to find ways to accentuate your femininity to be read in the way you prefer. I don't mean that you need to wear a skirt or do something else dysphoria-inducing--certainly not! I just mean that until they see the strap of your sportsbra outlined beneath your T-shirt, other butches might not know how to read you.
Dating may (or may not) be a little challenging. I don't know what your plans are for bottom surgery--you need to do what's right for you. I'm going to assume that at this point, you have the genitals you did at birth: presumably, a penis. When it comes to dating, Surprise Penis is not the best kind of penis. The decision about how and when to out yourself as trans to anyone you're naked with is personal (I'm trying to get a trans woman friend of mine to guest post about exactly this). But I will say that suddenly encountering a penis where one does not expect to encounter a penis has the potential to be threatening or traumatizing to the person you're with. Disclosing your trans status can be a burden, but whether it's fair or not, people who see you as a cis woman, and with whom you're intimate, will expect you to do it well before naked time. More on that in a future post.
You also mentioned that people might wonder why you're transitioning at all if you want to be masculine. You're right--they might! But you answered this yourself: "I honestly feel like a woman." It's kind of similar, actually, to when people ask people who date butches, "Why don't you just date a man?" The answer, in short, is that female masculinity and male masculinity are different--which seems to be something you feel, too, having experienced both first-hand. Female masculinity seems to feel really comfortable to you, and it's really great that you've figured that out. I'm sure it wasn't easy.
In sum, you sound awesome and interesting and like you're well on your way. I'm excited for you and wish I could give you a hug and a fist bump. You're in for a wild ride--stay true to yourself, and try to ignore people who don't understand you or tell you that you "can't" be a certain way. Welcome to the butch community!
I'm writing this post to help me think through a reaction I've felt recently. I don't fully understand it, so bear with me. I've written a bunch about trans issues in the past--for example, explaining how dysphoria can be experienced by non-trans people, the differences between butch women and trans men, discussing some infuriating anti-trans sentiments in the lesbian community and the tension between butch women and trans men, and giving advice to a reader trying to figure out whether he or she was trans. I'm interested in trans issues not only because equality and respect for trans individuals is fundamentally important to the queer community at large, but also because understanding people's transphobic impulses can tell us a great deal about how we understand sex and gender.
So here's what's been bothering me. Lately, I've met a number of people who identify as butch women (and sometimes, but not always, as genderqueer), and who exclusively use feminine pronouns (she, her, hers), and who also modify their bodies in various ways consistent with popular understandings of masculinity: specifically, taking moderate amounts of testosterone, which (particularly if paired with certain kinds of physical activity) can result in major masculinization of the jawline/shoulders/etc. So as a result, many of these women look way more "masculine" than a woman who does not take supplemental testosterone. The fact that this is a trend does not bother me; people should be able to do whatever they want with their bodies. What bothers me is my own reaction. There's a little piece of me that feels like they are "cheating" or "having it both ways" by taking testosterone but not being trans. My internal reaction is super disturbing to me, because on an intellectual and spiritual level, there is literally no reason for me to feel even a little bit uncomfortable! It makes no sense. My own reaction is intolerant, wrong, and inconsistent with my values.
So here's what I think is going on. On most people's idea of what a "woman" is, I am pretty far on the masculine end of the spectrum. I like being a masculine woman; it is who I am. And I would like to think that my satisfaction with my own identity is wholly internal. But, of course, this is impossible; we are social animals, after all. When I see a trans man, I am not "threatened" or bothered in the least, even viscerally. He's in a different category from me. He is a man. But the women I am describing take male hormones and identify as women. They put themselves in the same category as me: masculine woman. But since they are taking testosterone and making their bodies and presentations more masculine, I feel less masculine in comparison to other people in my "masculine women" category. Maybe my discomfort comes from this perceived threat to my masculinity. If so, this is interesting but disturbing, in part because I like to think of my own identity as self-contained--as stemming from me, not from my relationship to the rest of society. Except, of course, that I don't exist in a vacuum.
As you can tell, I haven't thought this through completely, but I wonder if anyone else has felt anything like this. I talk to butch women occasionally who say that they feel "pressure" to transition. I can honestly say that no one has ever pressured me to become trans (although occasionally people assume that I must be "at least thinking about it," since so many of the masculine women they used to know have become men). There is not much personal allure for me in the idea of existing as a man. I like being a woman. But I guess I also like being a masculine one, and I guess that that masculinity is more precarious than I would sometimes like to acknowledge.
I got an interesting email from a BW reader several weeks ago. I promised him a response, and with his permission decided to share his question and my answer with the rest of you.
I am a straight man ..not bi or bi-curious. I love women. I have always been attracted to tomboys but now that I'm grown I have discovered that is my preference. I turn my head faster when I see a sexy stud opposed to high heels and a dress. I also feel the conversation or potential relationship is better. I am also amazed sometimes of the perfect bodies when those baggy clothes come off. The sex is simply better.
When it comes to relationships, I don't know what to do. The stud I was interested in/having relations with... We enjoy each other's company and sex. But she has a girlfriend, obviously. So I'm confused, probably like she is. Do you think she was just using me? And if so, why? We really mesh but she definitely doesn't want anyone to know... And I promised her that. So, yes, I would love to be in a relationship with a stud... Not that I'm trying to change her. I would not mind if she had a girlfriend... As long as I was her guy. Do I sound crazy or what?
Dear Confused Carl,
You don't sound crazy. Sure, most straight guys' heads are turned by skirts and heels, but yours isn't! I bet lots of men attracted to "non-feminine" women aren't willing to say so, because they fear others' questions and judgment, or because they think it makes them less masculine (which it doesn't!). My last post talked about the difference between masculinity in women and masculinity in men. It's not weird to me that you would be attracted to one but not to the other. Masculine women are women--and they happen to be your favorite kind. So, cool.
Butchy and masculine-of-center bisexual (and even straight!) women DO exist. Some of the bi ones only date women, in part because men aren't usually attracted to them. But this doesn't mean that they wouldn't date a cis man if the right one (like you!) came along. So it might take a little extra effort on your part--for example, dating online, going to bi mixers, or letting your friends know your preference so that they can "keep an eye out" for you. But don't give up hope! A straight guy into masculine women doesn't come along every day, and the right woman will be sooo excited to meet you!
And then, of course, there's your specific situation, which is trickier. You may be right that "your" stud is confused... but she may simply be bi. I can't tell from your email whether she wants you to keep your relationship a secret because you're a man or because she is dating someone else. The fact that she is with someone else, though, and doesn't want people to know about your relationship, means that unless something changes, you two aren't going anywhere. If you're okay with being the guy "on the side," fine. But remember that unless all parties know what's going on and are okay with it, it's cheating. This fact doesn't change just because you're a guy.
Correct me if I'm wrong, but I get the sense from your email that you're not exactly thrilled with the current situation. You might consider talking with her about this. I have no idea whether she's using you (as you fear) or whether she's genuinely confused. But it doesn't sound like the status quo is working for you--and if it's not, you need to find out what's going on with her. My advice would be to tell her what you've told me. Tell her you don't want her to feel pressure about her sexual orientation, and that you like being with her as a human being and need to know what you mean to her.
You write, "I would not mind if she had a girlfriend... As long as I was her guy." This statement confused me. Are you talking about a polyamorous relationship? About regular sex on the side? It kind of sounds like you'd be cool with the latter, except that's what you have right now and you don't sound totally happy about it. What do you want?
I don't want you to settle for this "on the side" business, though, if what you really want is a full-on, even monogamous, relationship with a studly woman. If this is so, know that you can get it. It might take a while to find, but it is possible, and you don't have to "settle" for what you have now if it doesn't make you happy.
Back in 2012, I wrote a post called "Why Aren't all Butches Trans?" It continues to get comments, and a couple days ago, a reader asked a question that I thought deserved a separate blog entry.
In the post, I write, "A butch woman's masculinity is not different in degree from that of a butch man or FTM; it is different in kind." In response, a reader wrote: That is a very helpful statement, but I think "kind" needs to be expanded upon. Can you say how you might define "kind"? Would it be something like the difference between a different breed of animal eg. a cocker spaniel or labrador? Or the difference between a different species of animal eg. dog or cat? Or something else?
It's a good question! Here's what I mean by "kind."
Masculinity exists as a thing--a social construct we can understand and identify in the abstract. Even when it's not attached to a particular person, we have a social understanding of certain things as masculine. If you showed a random person a lacy pink tank top and a blue flannel shirt and asked, "Which one is more masculine?" most people would point to the flannel shirt, even if neither shirt is being worn by anyone. (Mind you, I'm not saying that there IS, in any normative or "real" sense, such a thing as masculinity or femininity--merely that these are widely-understood social ideas.)
Still with me? Okay, let's take a concrete example: water. Even if we don't know what container the water is occupying, we understand what "water" is, right? Now consider a river; consider a lake. Rivers and lakes are containers for water, but the water has a different "feel" in each one. We wouldn't argue that one of those is the "real" container, or that one is more "watery" than the other. Nor would we think it was weird if someone said that they preferred rivers to lakes, or vice versa. We get that they're different forms of water.
So, too, with masculinity. A trans man and a butch woman might both contain masculinity, just like a river and a lake might both contain water. They share a common characteristic, but because of who they are, they each take on an inherently different form.
To take the analogy a little further, there are all kinds of lakes and rivers. There are lagoons, ponds, streams, reservoirs, tributaries. And there are bodies of water that--just like bodies of people--defy or combine or challenge or embrace the conventional definitions.