Introduction by Margaret Griffiths of Mermaids

This item of news is disturbing to me, as this child is obviously deeply unhappy, and their situation is complicated by not only the parents' mental health issues, but by their own, and also by the fact that they have other difficult conditions to deal with. Each one of these conditions on its own would mean that this child would have a difficult life, and would make them a challenging child to have around. Add to that the parents' own problems, and you will see how complex this case is for the people trying to make sense of it and do their best for the child.

It's not being included in this website because it is a typical example of a child with a gender identity issue, but because it is atypical and out of the ordinary, and because we still may be able to learn something from it.

If anyone finds out more about this case in the future, then I would be much obliged if you would pass the information on to me at , so that I may include an update. Thank you


Couple fights for son, 6, they say is girl at heart

by Encarnacion Pyle and Misti Crane
Columbus Dispatch
26 August 2000

A Westerville couple is fighting to regain custody of their 6-year-old boy, whom they said was taken by social workers because they let the child dress and act like he's a girl.

The couple lost temporary custody of the child Wednesday, less than two weeks after trying to enroll him in first grade at McVay Elementary School as a girl. The child attended the school last year as a boy.

They said Franklin County Children Services is violating their civil rights by not allowing them to do what's best for their child. A gender- identity disorder was diagnosed in the child.

The disorder is recognized by the medical community. It can show up in the toddler stage when children begin to identify themselves as either male or female.

Children Services officials declined to comment on whether they think the child should be raised as a boy or girl. They said they just want to make sure the child is getting proper care and protection from his parents.

The couple said their child was born with male genitalia but has been adamant about being a girl since turning 2.

"She's your typical little girl who likes dressing up in frilly gowns, earrings and pretty shoes and playing with Barbie dolls," her mother said yesterday. "She's always gravitated to all things girls and, until recently, we had no idea why."

The child was diagnosed with gender- identity disorder in November after being hospitalized at Cincinnati Children's Medical Center for trying to hurt himself and others during an emotional outburst, said the couple's attorney, Randi Barnabee.

Barnabee said the child has been in and out of various Ohio hospitals and treatment centers since age 3 for uncontrollable behavior, which she said is linked to the child's gender-identity disorder. The child also suffers from attention-deficit hyperactivity disorder and Asperger syndrome, which is related to autism, as well as violent, obsessive behavior.

"The more pressure brought onto the child to conform to acceptable social gender standards, the more she acted out," said Barnabee, a transsexual who has a law office in the Cleveland area.

While it took the couple a little time to adjust to the diagnosis, gender-identity disorder provided them with answers -- and much-needed relief, Barnabee said.

"It all became so clear," the attorney said. "It wasn't a matter of this child, who is so young, innocent and barely able to choose what she wants for dinner, choosing to be a girl. She's just manifesting her personality."

"Most people have a very clear-cut sense of gender from an early age," said Dr. Herman Tolbert, director of child and adolescent psychiatry at the Ohio State University School of Medicine. "As toddlers, individuals identify a gender and then spend the remaining years being socialized to fit societal expectations that go along with it," Tolbert said.

The disorder can be strictly psychological or have a mixture of psychological and physiological causes, such as ambiguous genitalia. Regardless of how the disorder shows up in a child, Tolbert said it is important to seek help and get a psychiatric evaluation.

"There's no single answer that applies to everybody," he said. "Children Services received a call Aug. 11 from someone concerned about the child and social workers decided to seek an emergency order for custody from a Franklin County judge not long after," said John Saros, the agency's executive director.

Although he refused to list the caller's concerns, court documents reveal that school employees and Children Services officials questioned the gender-identity diagnosis, as well as the parents' influence on the child's behavior.

In their complaint, Children Services officials noted that they first became aware of the couple in February when they turned to the agency because of "severe mental-health issues."

"Parents were currently separated and had a history of mental-health issues. Mother was diagnosed as bipolar and father may also have mental-health issues. Child was alleged to be exhibiting out-of-control violent behavior," according to notes contained in the complaint.

"Parents did not appear to be able to recognize that some of the child's behavior may be attributed to the home environment."

Barnabee said her clients have reconciled and that their marital problems stemmed from not knowing how to help their child.

"They've been at their wits' end for years, moving from one crisis to another -- all the while just trying to do what's best for their child," she said.

The mother indicated in a kindergarten survey that her child liked to draw and design clothing, as well as play with cars, Legos and toys, which is not atypical of boys and girls, Children Services officials noted.

Now, they said, she told them the child wants to wear jewelry and girl's clothing.

Barnabee contends that the child was placed in the temporary custody of a foster family not to protect to the child, but society.

"No one wants this child to be who she is -- a girl. It's too much of a political hot potato," she said.

The parents said they plan to file a federal sex-discrimination lawsuit against the Westerville school district and Children Service.

The couple, who is Jewish, said Children Services has refused to allow their child to wear dresses and jewelry while in foster care or to maintain a kosher diet. They also alleged that the agency would not let the child observe the Sabbath with the family at home and has not refilled the child's lithium prescription for bipolar disorder.

"We have no idea what they are doing to her. She's not getting her medication. She's very, very fragile," the mother said. "She's never even had an outside baby sitter -- not even family. She can't be fine. She's petrified. I know it."

Her father is worried that the foster family is trying to make his child conform to "being a boy."

"It will depress her, and who knows what will happen," he said.

Saros said the child is doing well and has been appointed an independent guardian who will act on the child's best interests.

"As in any investigation, interviews with the parents and child are required; and relevant, available documentation of the child's medical, physical, psychological and social condition must be obtained and reviewed," he said. "To date the parents in the case have not yet participated in an interview, and have refused to sign a release so that Children Services can review materials."

A court hearing on Children Services' complaint has been set for Sept. 12. Barnabee predicted a "protracted and bitter" fight.

"It's a tremendously tragic case over a socially unpopular disorder," she said. "Years ago, in private schools kids were slapped for using their left or 'wrong' hand. This is no different, just worse."

***** ENDS *****



UPDATE

Trans Child Removed from Supportive Parents

by Gwendolyn Ann Smith


OHIO -- Parents Paul and Sherry Lipscomb are in the fight of their lives: An attempt to keep custody of their 6-year-old daughter, Aurora. A Franklin County Magistrate ruled against them August 23rd, awarding temporary custody of Aurora to Franklin County Children's Services (FCCS).

When Aurora was approximately two years old, Sherry and Paul began to notice that she, then their son, had a preference for feminine toys, clothes, shoes, and activities. By the time she entered pre-school, Aurora was emphatically stating that she was a girl. She had also announced her choice of name and insisted that she be addressed by it.

The Lipscombs initially viewed Aurora's behavior as just a phase of her development and assumed that she would outgrow it. As Aurora grew older, however, society around her began exerting increasing pressure on her to conform to social gender-role expectations. Accordingly, Aurora began exhibiting emotional problems in response to those pressures.

The Lipscombs sought therapy for Aurora, which included several inpatient hospitalizations. In the course of Aurora's treatment she was diagnosed with both Gender Identity Disorder (GID) and Aspergers Syndrome (a mild form of autism similar to Attention Deficit Hyperactivity Disorder). The parents discontinued therapy and sought legal representation after they discovered that therapists were using behavior modification techniques in an attempt to force the child to identify and behave as a male.

It was prior to the fourth and final period of hospitalization that the Lipscombs had told the doctors and Aurora's school that they were planning to support Aurora's gender identity, including having her ears pierced and home schooling her.

But then the problems started. "On the fourth inpatient stay the physicians totally flipped the diagnosis as strictly being psychological," said Paul Lipscomb, "[Telling us] we had to make a child conform."

Children's Services in Franklin and Hamilton counties stated that Aurora should be kept in a male role against her and her family's wishes. FCCS filed a petition in Franklin County Court, suggesting residential care for Aurora, which would remove Paul and Sherry Lipscomb from custody, simply because they have refused to raise Aurora as a male.

Magistrate Sanchez of Franklin County agreed with the FCCS petition, placing Aurora in their custody. The Magistrate also refused to order that FCCS maintain Aurora's female gender identity while in their care, including the use of her name, and allowing her to wear girl's clothing.

Following the hearing, the Lipscombs and their attorneys, Randi Barnabee and Mark Narens, filed an objection to the decision. To the parent's dismay, the objection will not be heard until September 12th because the judge to whom the case is assigned, Kay Lias, is currently on vacation.

The Lipscombs will also be filing a motion to stay the order granting custody of Aurora to FCCS. Duty Judge James Mason was not willing to stay the order on the day it was issued, because the court-appointed guardian for Aurora was not present.

Judge Mason also posed the question, "will the child die if I don't do anything tonight?"

Planned legal actions by the Lipscombs include filing of a writ of habeas corpus in federal court in the hope that FCCS can be forced to relinquish custody. The Lipscombs also plan to file a federal sex-discrimination lawsuit in federal court against FCCS, the social workers involved, and others for their violations of Aurora's civil right to be whoever she says she is without regard for the gender-role expectations of others. Randi Barnabee noted that social workers do not enjoy absolute immunity from prosecution in civil rights cases, and that federal law permits social workers to be sued for damages in such cases even when they were ostensibly acting under the color of law.

Paul and Sherry Lipscomb just want Aurora back home, simply stating, "we love our beautiful and creative daughter."

Donations to their Defense Fund can be sent to 2121 South Green Road, South Euclid, OH 44121. Make checks out to "Aurora's Defense Fund."

================



Gwendolyn Ann Smith (gwen@gwensmith.com) is a "child of the Internet," serving as the Community Host of the Transgender Gazebo at Gay.com, as well as creating numerous transgender-specific Web projects, including the award-winning "Remembering Our Dead" project at http://www.gender.org/remember. She also serves on the Board of Gender Education and Advocacy (GEA), and is an advisor to the Gay, Lesbian, Bisexual, and Transgender Historical Society of Northern California. Her own Web site is located at http://www.gwensmith.com/gender



Return to Aurora Archive