Transgender Legal Defense and Education Fund Explained
Transgender Legal Defense and Education Fund (TLDEF) is a non-profit national legal organization based in New York City, dedicated to protecting and advancing the rights and dignity of transgender people. It was founded in 2002 by Staff Attorney Jillian Weiss and Executive Director Michael Silverman. Along with Co-Chair Yvonne Chan, they chose the name of a long-standing foundation for this cause and its acronym, TLDEF, as a way to advance the objectives of the organization.
TLDEF leverages the power of the law and its most effective tools—litigation, policy work, education, and advocacy—to reach its goals. Their legal services, for which they primarily rely on volunteer attorneys and cooperating law firms, include direct representation, pro bono legal services from network attorneys, advice and counsel, and extensive use of summary judgment motions pursuant to the Privacy Protection Act, codified as 42 U.S.C. § 1983.
TLDEF maintains a robust database of information regarding state and federal laws affecting the lives of transgender people. It collects the sum of relevant federal and state agency rulings, case law, and articles regarding "leading edge" issues, non-traditional families, employment discrimination , and personal injury or "hate violence". The Foundation is updating and expanding the database and over time hopes to provide more access to this information on its website.
Rather than taking on cases transverse to TLDEF’s mission to protect to all transgender people, TLDEF provides referrals to other organizations. TLDEF assists transgender people who are oppressed in several areas of life, including military service, immigration, education, and various branches of the military. TLDEF hoped that a few landmark cases would take care entrenched issues facing the larger transgender community.
TLDEF provides multiple resources for the transgender community. Its primary programs include:
TLDEF focuses on specific initiatives depending on their pervasiveness. Its transgender youth program, the TLDEF Youth Initiative, aims address the Special Committee on Gender Identity and Gender Expression of the American Psychiatric Association. TLDEF’s legal services program includes: pro bono and legal representation; federal employment discrimination cases; employment discrimination; personal injury and hate violence cases; name change and birth certificate amendments; and "assisted projections" assistance. TLDEF also provides community-building efforts.
History and Formation of the Transgender Legal Defense and Education Fund
The Transgender Legal Defense and Education Fund (TLDEF) was founded in 2003 to provide legal assistance for transgender people facing discrimination and to educate policymakers, the public, and the legal community about transgender life. TLDEF was envisioned by transgender activist Michael L. Klinger, who sought to establish a nonprofit dedicated to ensuring that access to legal information and representation was available to transgender persons across the nation. He recruited personal friends, colleagues, and acquaintances to serve on the Board of Directors and recruited attorney and activist Noah Lewis to serve as its first executive director.
Klinger and Lewis had met while working at Lambda Legal, an organization that Klinger helped establish. Following his employment at Lambda, Klinger worked in various capacities for the Ford Foundation, including as the Deputy Director of the LGBT Here and There initiative, which was later funded as Changing Attitudes, Practices, and Policies (CHAPP) by the Ford Foundation. In late 2003, Klinger left CHAPP and began working at Paul, Weiss, Rifkind, Wharton & Garrison LLP as Counsel to the Firm, where he remains employed. In 2006, Klinger became a senior fellow at The Center for Gender and Sexuality Law at NYU Law School, and Klinger continues to serve on the Board of Directors of TLDEF.
Legal Work and Advocacy of Transgender Legal Defense and Education Fund
Beyond education and support, the Transgender Legal Defense and Education Fund (TLDEF) also engages in advocacy and cases to help transgender citizens through the US legal system. In 1997, TLDEF won its first case against the State of New York to help a transgender woman obtain a name change on her birth certificate. Since then, TLDEF has aided many other cases, including finding companies that would issue updated passports without requiring an accompanying medical letter. When such letters became common for US passports, TLDEF helped advocate for a simpler solution. TLDEF has also filed lawsuits against hotels, hospitals, and even correctional facilities to promote equal treatment, proper identification, and fair pay.
TLDEF has also filed friend-of-the-court briefs in major cases, like DeBoer v. Snyder, which helped lead to the legalization of same sex marriage in the US. Even beyond these landmark cases, TLDEF has filed motions with various courts to complain about discrimination and call for fairness in asylum process and gender identity protections. These efforts have helped reduce housing and employment discrimination in several states, and established more appropriate language in transgender cases.
TLDEF also launched a legal hotline in New York City, one of the few places in the country with a large and accessible transgender population. The hotline helped 620 vulnerable individuals in its first three months open, and 2011 saw the establishment of a parent hotline, aided by the previous success of the general hotline.
TLDEF has also assisted with HIV/AIDS advocacy for transgender citizens, filing complaints with the Centers for Medicare & Medicaid Services and offering information to help people understand their rights.
Education Programs and Services of the Transgender Legal Defense and Education Fund
The Transgender Legal Defense and Education Fund (TLDEF) not only provides free legal services to transgender individuals who have faced discrimination, it also works to spread awareness about transgender issues. The organization has produced a number of excellent educational tools to help the public gain insight about the issues that affect the transgender community and recommend where individuals can turn for help.
First, the Legal Guide for Incarcerated Transgender People is an educational tool that explains all of the legal rights incarcerated transgender individuals have under applicable anti-discrimination laws and the United States Constitution , as well as the remedies available to them. It was prepared with and is commended by the National Center for Transgender Equality. Incarcerated transgender individuals may request cards against which to stamp legal claims. These cards are available in the following languages: English, Spanish, Chinese, Vietnamese, Hmong and Korean.
In addition to the guide, the organization also runs a national information helpline (1.212.829.3002) to assist individuals in finding legal resources throughout the country, and a monthly clinic in the New York City area where individuals can receive legal assistance. Last, TLDEF offers detailed informational materials on the following topics: voting as a transgender person, changing your name on government documents, what to do after a sexual assault and health coverage for transgender individuals.
How to Support or Engage with Transgender Legal Defense and Education Fund
The Transgender Legal Defense and Education Fund invites individuals and organizations to support its work in helping the transgender community. Individuals can donate using PayPal or via check made out to the order of Transgender Legal Defense and Education Fund. More information about volunteering opportunities is available on the website.
Attorneys are also invited to apply to partner with TLDEF. TLDEF’s Partner Attorneys deploy their considerable skills to represent transgender clients in cases where the TLDEF could make a major impact and help change the culture for our community. Partner Attorneys volunteer their time and talent, and are a critical force behind TLDEF’s success. Partners are active from the earliest stages of a case through resolution. In some cases, the organization tries to help the client while the individual has an attorney and still needs further assistance. Partner Attorneys practice in many fields, including immigration, employment, family law, criminal defense, personal injury, and government benefits.
Testimonials and Triumphs: The Impact of Transgender Legal Defense and Education Fund
Success stories and testimonials from the Transgender Legal Defense and Education Fund continue to stream in. Since 2006, more than 1,400 clients have received legal assistance through its Name Change Project. With increased visibility comes the absolute necessity for increased education of the legal system. Money from the New York City Bar Foundation and individual donors has helped to accomplish just that.
"TLDEF helped me get my legal name change, a step towards finally being able to live my life as the woman that I am now. Kate born a boy and raised as a boy, I am now 54 years old but 30 years ago I started on female hormones and have lived most of my life as a female." – Kate R.
"On behalf of all members of my family, I would like to personally thank TLDEF for the assistance with my (legal) name change last year. It truly made my day (week, month, year) to finally have my legal identity match how I have grown up over the past couple of decades . You have no idea the kind of joy my two young kids have now that they can correctly and proudly address their father/little dude/uncle and not have to worry about someone catching the name on my documents and making unsolicited remarks in public (calling the cops because they thought I was "kidnapping" my own son, etc.). I have TLDEF to thank for finally allowing me to live life how I have always felt; thanks for the work you do!" – JD G.
"I just wanted to thank everyone from TLDEF for your help, empathy, and understanding after I went through the name change process a couple of weeks ago. It’s been a long time coming for me and so many others, and I really appreciate the effort you folks put into this." – Liam D.
"TLDEF helped me get my legal name change a huge step in finally getting my proper gender marker updated to reflect who I was, am, and always should have been. Thanks to TLDEF I was able to complete my gender marker change with NO issues anywhere. Thanks so much TLDEF!" – Richard G.