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In a 6-3 ruling, the high court said the two men, John Lawrence and Tyron Garner, are entitled to respect for their private lives: "The state cannot demean their existence or control their destiny by making their private sexual conduct a crime," wrote Justice Kennedy in the majority opinion.  On August 1, transgenders in San Francisco tasted how sweet victory can be when Governor Gray Davis signed into law AB 196, the Gender Non-Discrimination Act of 2003. This is an amendment to the state law and prohibits unfair and unequal treatment on the basis of gender and gender identity. In plain English: employers and landlords can't refuse to hire someone or rent out an apartment to someone just because that person is transgender or doesn't conform to a perceived "normal" standard of appearance or behavior for their gender.This makes California only the fourth state to put into place these basic protections for transgender people. The bill was authored by Assemblyman Mark Leno of San Francisco, but he didn't do it alone. Leno had much help from Theresa Sparks, transgender rights crusader and co-chair of The City's Alice B. Toklas LGBT Democratic Club. Earlier this year Sparks was selected as Assembly 13 District Woman of the Year, the first transgender woman to be honored this way. He couldn't have picked a better person. I will admit that I'm biased. I had the good fortune of working with Theresa Sparks at San Francisco's Open Enterprises and she is one of the few people in this world that I completely respect. She's brilliant, honest, strong and caring. She was one of very few who stood by me during some very hard times, and believed in me when I doubted myself. Theresa is the type of woman that I would love to have as a mother, sister or just best friend. The type of woman I hope to someday become. So when I heard about her latest victory I immediately picked up the phone to congratulate and get an interview from her. Cara Bruce: Was the TG community surprised by Davis signing AB 196 into law?  Theresa Sparks: Most in the community were indeed surprised, but only because they were not involved in the politics of the governor's decision. Gray Davis is, at his core, a relatively liberal Democratic. That said, he vetoed similar legislation several times over the last two years. This year several factors converged making it in the governor's best interest to sign the bill. The bill was authored by Mark Leno, and he is one of the largest Democratic fundraisers in the legislature. Governor Davis needs overwhelming support from San Francisco voters against the recall to offset the Orange County Republican vote. One of the largest voting blocks in the City is the LGBT community. The two political clubs in the LGBT community are the Alice B. Toklas and Harvey Milk LGBT Democratic Clubs, of which I am chair of the former, and Robert Haaland, an FTM, is president of the latter. The Governor knew he had to sign AB 196 or lose the support of the two clubs, the LGBT community and possibly San Francisco.CB: How will the new law affect the average transgender person? TS: Today an individual who is transgender can be refused employment, a promotion or a raise legally based solely on the fact that he or she is transgender. The same is true with renting an apartment, eviction from an apartment or buying a home. This bill eliminates that situation statewide. CB: Does the law affect anyone outside of the TG community? TS: The bill protects everyone whose physical appearance does not conform to that which society considers "appropriate" for a biological male or female. It protects butch dikes, effeminate men, gender-queers, transsexuals (both FTM and MTF) and many others. It will protect literally hundreds of thousands of people all over California. CB: What's the best thing about living as a transgender person in San Francisco? TS: San Francisco, for the most part, tolerates transgender individuals. This is not to say we are truly accepted here. We still have a long way to go for full acceptance into mainstream San Francisco. But, it is true that transgenders can walk down the street, eat at any restaurant, shop at any store, go to any event and (now) work any job without overt discrimination. Discrimination against TGs is illegal in San Francisco and I believe most people now know it. The best part, wholly unintended, of everything the community has accomplished in the last few years is the ability for transgender people to be out in the sunlight. As you travel around San Francisco you see TGs everywhere now, from the Financial District to Ocean Beach. That is a phenomenon that has surfaced only recently. CB: Is there a negative side?  TS: The negative side is that one has a tendency to forget about the rest of the world outside of our San Francisco bubble of security. It's uncomfortable and dangerous in many other places not so far from San Francisco. Also, we are a victim of our own success in that it is very difficult to "pass" here.CB: You're the first transgender woman to ever be elected Assembly 13 Woman of the Year. You must be so proud. Have there been other cases of transgender women being elected any type of "woman of the year." TS: I am honored to have been nominated by Mark Leno. It has never before happened on a statewide basis. Mark Leno, when he was on the Board of Supervisors, nominated Sarah Marshall as San Francisco Woman of the Year in 2001. I am hopeful that, someday, more transgenders will receive statewide recognition for their achievements. CB: Are you surprised at how far the movement for gay rights has come during the Bush administration? Could you talk a bit about California's current recall predicament? TS: Most of the advancements in LGBT human rights have occurred on the state level. The recent US Supreme Court decision is an anomaly. The Bush administration has been against us from the first day of the administration and continues to be against us today. It will not be until we get the religious right out of the White House will we be able to continue to advance LGBT civil rights nationally. The California recall is the same agenda as the Bush administration is pursuing nationally. Conservative (read religious fundamentalists) Republicans are trying to steal the State of California from the Democratic Party. Many people are not huge fans of Governor Davis but need to understand that this recall effort is about more than one individual. It's about trying to change the course of state politics. AB 196 is an excellent example. It would never have been signed by a Republican governor, guaranteed. CB: You've always been someone I really admire. On a personal level, where do you find the strength to do everything you do? TS: It's what I have to do. It's why I find myself where I am today. Not to get too dramatic but this is (and always has been) my personal destiny. And, if I can make a difference in the lives of just a few people then no personal sacrifice has been too great.
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