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25 T. Jefferson L. Rev. 89 (2002-2003)
Three Names in Ohio: In re Bicknell, In re Maloney and Hope for Recognition that the Gay-Transgender Twain Has Met

handle is hein.journals/tjeflr25 and id is 97 raw text is: THREE NAMES IN OHIO: IN RE BICKNELL, IN RE MALONEY AND HOPE FOR RECOGNITION THAT THE GAY- TRANSGENDER TWAIN HAS MET Katrina C. Rose* I. INTRODUCTION Life ain't easy for a boy named Sue.' Likewise, for over a year, life was needlessly difficult for a woman now named Susan2 and two other women named Jennifer and Belinda.3 Whether life will get better for them to any significant de- gree is anybody's guess. Not only does Ohio not have any state- wide legislation which directly protects the jobs, housing and day-to-day lives of transsexuals and homosexuals from the unjus- tified disruption of bigotry-laden discrimination,4 but an execu- tive order which had prohibited discrimination against * J.D., South Texas College of Law, 1998; B.E.D., Texas A&M University, 1987. Admitted to practice in Texas and Minnesota. The author would like to thank Scott Knox, Alyson Meiselman, Phyllis Frye, Randi Barnabee, Deborah A. Smith, Courtney Sharp, Naomi Goring and Marie Flores for their assistance and insight. Special thanks to Tanith Rattazzi not only for research help but also for tolerating the author during the writing process. 1. Johnny Cash, A Boy Named Sue, on JOHNNY CASH AT SAN QUENTIN (Colum- bia 1969). 2. In re Maloney, 774 N.E.2d 239 (Ohio 2002). 3. In re Bicknell, 771 N.E.2d 846 (Ohio 2002). 4. Although Ohio does have a sexual orientation and gender, but not gen- der identity, sentencing enhancement statute, OHIO REV. CODE ANN. § 2929.12 (B) (9) (2002), such a statute is meaningless to those who are, or can be. outed as a result of a bias crime committed against them because, as testimony has shown in states which have enacted employment and housing anti-discrimination statutes which protect homosexuals and transsexuals, the fear of losing employment or hous- ing will cause victims never to report such crimes and the loss of employment by those who do so report can be as devastating as the crime itself. For example, in 1993, when Minnesota was considering adding a transgender-inclusive sexual orien- tation to the state's human rights act, a representative from the Department of Public Safety, in asserting that the amendment was pro-law enforcement, related stories of a lesbian raped by a co-worker who did not report the rape because she feared losing her job and a gay man who was mugged near his apartment building who did not report the mugging because he feared being evicted. The representative also related the following: A transgender woman, still anatomically male, but living as a female before surgery, walked to a bus stop at 6 a.m. on her way to her job as a printer. A group of men attacked her with the purpose of raping her.

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