. 4 Throughout this article, I use "transgender" as an umbrella term including transsexuals, transvestites, cross-dressers, drag queens and drag kings, butch and 589 N.Y.L. SCH. J. HUM. RTS. [Vol. XVII been obliged to confront this question in multiplying contexts. 5 Should transsexual women be permitted to attend lesbian events? 6 Should gay legal organizations represent transgender clients? 7 Should proposed legislation to protect gay people from discrimination be drafted to protect transgender people as well? 8 Should gay advocacy groups broaden their missions to include transgender issues? 9 More generally, does it make sense to group gay and transfemme lesbians, feminine gay men, intersexed people, bigendered people, and others who, in Leslie Feinberg's words, "challenge the boundaries of sex and gender." See LESLIE FEINBERG, TRANSGENDER WARRIORS: MAKING HISTORY FROM JOAN OF ARC TO RUPAUL X (1996). For an overview of current debates about terminology within the transgender community, see id. at ix-xi. I use "gay" when referring to the dominant contemporary model of homosexuality as a discrete status defined exclusively by sexual object choice, with no intrinsic relation to gender, race, or class. I use "queer" to refer to lesbian, gay, bisexual, and transgender people. 5 See, e.g., Chryss Cada, Issue of Transgender Rights Divides Many Gay Activists, Transgender Activists Seek A Greater Voice, THE BOSTON GLOBE, April 23, 2000 at A8. 6 See, e.g., ZACHARY & NATAF, LESBIANS TALK TRANSGENDER 35-53 (1996) (presenting a variety of perspectives on the controversy over whether transsexual women should be included in women only spaces). See also FEINBERG, supra note 4, at 109-19 (critiquing the stereotype that "[t]ranssexual women are •.. a Trojan horse trying to infiltrate women's space"). 7 For an early and remarkably prescient analysis of this question, see Mary C. Dunlap, The Constitutional Rights of Sexual Minorities: A Crisis of the Male/ Female Dichotomy, 30 HASTINGS L.J. 1131 (1979). For a more recent exploration of why gay rights groups should advocate on behalf of transgender people, see Taylor Flynn, Transforming the Debate: Why We Need to Include Transgender Rights in the Struggles for Sex and Sexual Orientation Equality, 101 COLUM. L. REV. 392 (2001). 8 See, e.g., PAISLEY CURRAH & SHANNON MINTER, TRANSGENDER EQUAL- ITY (2000) (arguing that gay groups should include transgender people in legislative initiatives), available at
www.transgenderlaw.org. See also Paisley Currah & Shannon Minter, Unprincipled Exclusions: The Struggle to Achieve Judicial and Legislative Equality for Transgender People, 7 WM. & MARY J, WOMEN & L. 37 (2000) (describing the need for legislation to protect transgender people). 9 At the national level, the National Lesbian and Gay Law Association and the National Gay and Lesbian Task Force were among the first national gay organizations to formally acknowledge their commitment to transgender people. Since then, a number of others have followed suit, including Parents, Families and Friends of Lesbians and Gays and, most recently, the Human Rights Campaign. For a description of some of the lobbying efforts and political struggles underlying these changes, see Phyllis Randolph Frye, Facing Discrimination, Organizing for Freedom: The Transgender Community, in CREATING CHANGE: SEXUALITY, PUB-LIC POLICY, AND CIVIL RIGHTS 451 (John D'Emilio, William B. Turner, & Urvashi Vaid eds., 2000).