Shannon Minter:
Champion for a  Changing World
By Christopher Heritage

Shannon Price Minter has traveled great distances—both literally and figuratively—from his modest beginnings in rural east Texas where his gender identity resulted in slashed tires and a family who had trouble accepting him as a transgender person.
Today, Minter is the Legal Director of the National Center for Lesbian Rights (NCLR) and the lead attorney who successfully represented same-sex couples who sought the freedom to marry in the recent California Supreme Court case. In 2005, Minter was one of 18 people to receive the Ford Foundation’s “Leadership for a Changing World” award. He is a dedicated advocate of equal rights for all, and has litigated many other cases impacting lesbian, gay, bisexual and transgender people across the country. As a transgender person, Shannon Minter is in a unique position to understand the need for action to combat discrimination and secure the rights of the LGBT community
I talked with Shannon recently, and posed several questions to him that I hoped would reveal how this extraordinary individual thinks about himself, and how he sees our prospects for the future.

Shannon, you returned to your alma mater, Cornell Law School, where you attended before transitioning. What was it like to come back to that environment as a man? 
SHANNON MINTER: It was great to go back as a man after being a student there before I transitioned. I had a wonderful experience there; nonetheless, I was never comfortable being seen as the “wrong” gender. I loved being back there, and being able to see former professors and old friends, as my authentic self. I am sure some of them must have been quite surprised to see me in my new incarnation, but every single person was wonderfully warm and supportive. It is a great school!

You are committed to combating discrimination in all forms. What differences, if any, have you noticed in how society treats you as a male?
I have been struck by how much more immediate “unearned” credibility and respect I get as a completely average looking man than I did as a visibly masculine-appearing woman. The difference is stark—whether it is service in a restaurant or on a plane, or appearing in court. I suspect this has as much to do with race as with gender, however, as I have talked with many transgender men of color who report encountering increased levels of hostility and suspicion after transitioning from female to male due to the high level of bias against men of color in our society.

After identifying as a lesbian for years—someone who was not able to marry legally—how did it feel to actually be able to marry the woman you love?
Like so many other LGBT people, I grew up believing I would never be able to marry the person I love. As a transgender man, I was able to legally marry my wife in California, which respects the rights of transgender people. The day we married was the happiest day of my life. It was an incredible joy to be able to make that commitment. I desperately want every single person in our community to have that choice.

Did you meet your wife before or after you transitioned, and how was that journey?
We met right around the time I transitioned. She had been married (and divorced) before, and had been living as a single parent for several years. To be honest, she had some initial difficulty dealing with the fact that I am transgender, which was something that she had never encountered before. But she moved past that very quickly, and we have been incredibly happy together for the past 13 years. I am crazy about her and feel so incredibly lucky to have found such a wonderful partner.

What are your thoughts on Thomas Beattie, the pregnant man, who has been in the news recently?
This is a very compelling human interest story, but I don’t think it sheds much light on anything broader. I am glad he and his wife found a way to have a family.

Do you see the refusal of certain medical staff to help Beattie become pregnant as discriminatory, and if so, how would you strategize a case against them, hypothetically?
I do not have any reason to believe it was discriminatory. At least according to the accounts I read, some medical providers had concerns about whether it would be safe for him to conceive a child.

In your fight for marriage equality, what has been the biggest obstacle? The biggest hope?
Our biggest ally—and our biggest obstacle—in the effort to win marriage for same-sex couples is time. Every day, public support for treating LGBT families with equal dignity and respect is growing. In that sense, time is on our side. But because right-wing groups have put an initiative to take marriage away from same-sex couples on the November ballot, we are under a crushingly short timeline to win a solid majority of support from voters across the state. We can do it, but it is going to take a huge effort. We need every hand on deck.

What is the relationship between Equality California (EQCA) and the National Center for Lesbian Rights in terms of the struggle for marriage equality? Why is the relationship important?
Equality California was a plaintiff in the marriage case, but their role in winning marriage equality for our community goes much deeper than that. We have worked closely with Equality California for years to help them draft legislation to protect LGBT people, to develop effective public messages and to build a strong national network of LGBT advocates and allies. Equality California is the most effective state advocacy group for LGBT people in the country. Their executive director, Geoff Kors, is one of the most effective and visionary leaders our community has ever had. He is a brilliant leader.

Do you think same-sex marriage will remain as such and not be overturned in Massachusetts?
I am totally confident that the marriage victory in Massachusetts is secure. After a short period of adjustment right after the marriage decision there, and a failed attempt to amend the Massachusetts constitution to bar same-sex couples from marriage, the vast majority of people in Massachusetts are now completely comfortable with having married same-sex couples in their midst! It has allowed everyone to see that, in the most important ways, we are all human beings with the same basic needs and desires, including the desire for love and family.

At this point, do you think that the anti-LGBT marriage initiative amending California’s constitution will pass or fail? Why?
I am also confident that the voters of California will vote NO on Proposition 8, which is trying to change our constitution to ban marriage for same sex couples. We simply cannot allow that to happen.

If it passes, what will be our next move? And if it fails, what will be their next move?
We can’t allow Proposition 8 to pass. If it does, it will set us back for decades. But, if we defeat this proposition, as I believe we will, that victory will resonate across the country. Not only will marriage in California be secure, but we will have demonstrated that efforts to politically exploit anti-gay bias no longer work. We have a chance here in California to deal a crushing defeat to the anti-gay forces that have caused incalculable damage to our community for years. This is our opportunity to make a difference that will go down in history books as a critical turning point. We are so privileged to be living in this moment of such great change, and we must do everything we can to live up to that responsibility.

What state do you think will legalize same-sex marriage next and why?
After California, I expect either Connecticut or Idaho to be the next state to permit same-sex couples to marry. In both states, cases are pending before the state supreme courts. New Jersey is also a very likely candidate, as the New Jersey legislature is actively considering enacting a law to permit marriage for LGBT couples.

What was it like professionally and personally to be the lead attorney in one of the most important civil rights cases of our generation?
Litigating the marriage case was the most rewarding professional experience of my entire legal career, and I am sure it will always be so. It was a once in a lifetime opportunity. I loved every second of it, and I feel incredibly privileged that I was able to play that role.

How did you prepare to argue in front of the Supreme Court?  
Before the argument, I read and re-read all the briefs and tried to think of every possible question the court might ask. I spent many nights pacing the floors, practicing answers to imaginary questions.

What was EQCA’s role in the case? NCLR’s?
Equality California was one of two organizational plaintiffs in the case along with Our Family Coalition. NCLR was the lead counsel for the couples.

How did EQCA’s legislative gains in other areas factor into the case?
They were critical to winning the case. Because EQCA has succeeded in passing so much pro-LGBT legislation in California, the court had to take only a small step in order to rule in our favor because California law already required equal treatment of LGBT people and families. We could not have won this case without EQCA and the legislation they have passed.

Why is California different from the states where we have lost, and should we be continuing the strategy of court challenges on marriage? are there other steps or options to take first in some of the other states?
California is indeed very different than many other states, in that we have enacted more laws protecting LGBT people and families here than in any other state. That body of legislation was critical to our court victory. Before we file lawsuits in other states, it is essential that we lay a strong foundation of legislation and public support. That is a critical piece. Filing a lawsuit is one of the very last things we need to do in most states, not the first. We need to be smart and to have a thoughtful strategy to win equality for our families nationwide.

What are your thoughts on the changes to the Employment Non-Discrimination Act (ENDA), the proposed federal law, that deny protections to transgender people, and also fail to protect lesbian, gay and bisexual people who do not conform to other people’s expectations (such as “effeminate” men and “masculine” women)?
The decision by the Human Rights Campaign (HRC) to withdraw from its commitment to only support a transgender-inclusive ENDA last year was unfortunately shortsighted, and resulted in division within our community at the very time when we most need to stand together to defeat the anti-marriage initiative in California. I sincerely hope that HRC will reverse that decision and work for everyone in our community. I believe that will happen before ENDA moves forward in the next Congress in 2009. In the meantime, NCLR is part of a very exciting new collaborative effort on the part of national and state LGBT groups across the country to lobby congress directly for a strong unified bill. The one good thing to come out of HRC’s disappointing decision last year was the incredible grassroots mobilization that it sparked. We now have an incredibly energized network of groups across the country who are working hard to educate Congress about why federal protections for transgender people are urgently needed.

Inquiring minds want to know, are the rumors true that you have a pet rat and that you had a relationship with Brad Pitt?
I have a giant stuffed animal rat, who lives in a red tent in my apartment. I have no idea where he came from, but I came home one day, and there he was. On my close personal relationship with Brad Pitt, no comment. Some things are too sacred to be discussed.

Shannon, final question. What can we do acting as individuals and members of the LGBT community to defeat Proposition 8 this fall?
Get involved today! We can defeat Proposition 8, but we will need all hands on deck. First, please contact Equality for All (Equalityfor All.com) to get the latest on official campaign news and to find out what is happening in your area. Second, pledge to talk to at least five people every day about why marriage matters to you personally and why they should vote no on Proposition 8. Polls show that the most important factor in determining whether people support the freedom to marry is whether they personally know an LGBT person. Tell your story about why it is important to be able to marry the person you love. If you need tips on how to start that conversation, please visit letfreedomring.org. Third, consider writing an editorial or letter to the editor or an article for an organizational or workplace newsletter. And finally, consider volunteering for phone banking, handing out “No on 8” signs and stickers, or other efforts to educate the public about this critical effort. Indifference is our enemy! We are so privileged to be living through this period of enormous historical progress and change. Future generations are counting on us to win this battle. Even if you have never been involved in a political effort before, now is the time.

 Christopher Heritage is an attorney in Palm Springs and a regular contributor to The BottomLine who focuses on LGBT estate planning, domestic partnerships, same-sex marriage, probate, trust administration, and bankruptcy. Previous articles can be viewed at heritagelegal.net. He welcomes questions and comments, and can be contacted at 760.406.4717, or by email: chris@heritagelegal.net.