Message

1. Brandon v. Lotter, Nissen, and Laux (976 F.Supp. 872).

2. Register News Service, "Rapist-killer convicted; victim posed as man," in The Orange County Register (May 26,1995).

3. Boys Don't Cry, dir. Kimberly Peirce, 118 min., CBS/Fox Home Video, 1999, videocassette.

4. The Brandon Teena Story, dir. and prod. by Susan Muska and Greta Olafsdottir, 89 min., New Video Group, 1998, videocassette.

5. The language used here is significant, in that it articulates the specific forms of hatred and violence that might be manifested toward a female-to-male (FTM) transgendered individual.

6. Jo Ann Brandon v. The County of Richardson, Nebraska, et al. (261 Neb. 636).

7. The Brandon Teena Story.

8. Eric Konigsberg, "Death of a Deceiver: Teena Renee Brandon," Playboy 42. 1 (January 1995): 92.

9. Ibid.

10. Judith Butler, Gender Trouble: Feminism and the Subversion of Identity (New York: Routledge, 1990), 17.

11. Ibid.

12. Marjorie Garber, Vested Interests: Cross-Dressing and Cultural Authority (New York: Routledge, 1992).

13. Butler, 17.

14. Judith Butler, Bodies that Matter (New York: Routledge, 1993), 125.

15. I use the terms 'will to power' and 'will to truth' here in order to evoke their Nietzschean and Foucauldian philosophical contexts.

16. The Associated Press, "Man Who Killed Cross-Dressing Rape Accuser Gets Death Penalty" (February 22,1996).

17. See, for example, Cherry Smith, "Queer Notions," in Lesbians Talk Queer Notions (London: Scarlet Press, 1992); Judith Butler, Gender Trouble (New York: Routledge, 1990); and Susan Sturgis, "Bisexual Feminisms: Challenging the Splits," in Bisexual Horizons: Politics, Histories, Lives, eds. Sharon Rose, Cris Stevens, et.al (London: Lawrence and Wishart, 1996).

18. Konigsberg, 92.

19. Konigsberg, 92.

20. See Carey Goldberg, "Shunning 'He' and 'She', They Fight for Respect", in The New York Times (September 8,1996), A24.

21. Benjamin defined transgendered individuals according to a pathological model of transsexuality.

22. Mary McNamara, "Era of the Gender Crosser," in the Los Angeles Times (February 27, 2001), A21.

23. Legal precedent may bring an end to the assumption that a transgendered individual should bear the full costs of his or her sexual reassignment surgery. In February 2001, San Francisco passed legislation that mandates at least partial insurance coverage of transition-related medical expenses for city government employees: a maximum of $50,000 per person.

24. According to various press accounts, Brandon's mother arranged for his best friend to pick him up and drive him to Lincoln General Hospital, under the pretense that they were going to a nearby Hardee's. Brandon's mother met the two at the hospital in time for Brandon's psychiatric evaluation.

25. Konigsberg, 92.

26. Chalmer Thompson, Roger Worthington, Donald Atkinson, "Counselor content orientation, counselor race, and black women's cultural mistrust and self-disclosures," Journal of Counseling Psychology 41.2 (Apr 1994): 155.

27. The Associated Press recently adopted a policy of referring to transgendered individuals in the pronoun of their choice.

28. Brandon v. Lotter et.al. (157 F.3d 537).

29. These questions are taken from Sheriff Laux's interrogation during Brandon's oral statement to the police department.

30. Statement of facts in the case, Brandon v. Lotter et.al. (976 F. Supp.872).

31. Ibid.

32. Sequence of events as narrated in The Brandon Teena Story.

33. The Supreme Court of Nebraska also makes this observation on appeal in Jo Ann Brandon v. The County of Richardson, Nebraska, et.al (261 Neb. 636).

34. The Nebraska Supreme Court held that Sheriff Laux 'could not have reasonably known' that Brandon's life was in danger, and also that he had no knowledge of criminal intent. Consequently, he could not be held liable for a breach of duty to protect, because he had no such duty (976 F. Supp.872).

35. In Boys Don't Cry, Lana Tisdel's mother says these words (with reference to Brandon) when Brandon appears on her doorstep after Lotter and Nissen have raped him.

36. This refers to the police practice of 'unfounding', i.e. the police decision that rape reports are unfounded, hence ineligible to stand trial. See MacKinnon: 2001 (manuscript), 847.

37. 261 Neb. 636

38. On appeal, the Supreme Court of Nebraska opined that Laux dehumanized Brandon via 'crude language' and abuse of power at a time at which Brandon was in a particularly vulnerable emotional state. See 262 Neb. 636.

39. Timothy Beneke, Men on Rape (New York: St. Martin's Press, 1982).

40. Kimberle Crenshaw, "Mapping the Margins: Intersectionality, Identity Politics, and Violence Against Women of Color," in Dan Danielsen and Karen Engle, eds., After Identity: A Reader in Law and Culture (New York: Routledge, 1995).

41. Crenshaw, 333.

42. Sharon Angella Allard, "Rethinking Battered Woman Syndrome: A Black Feminist Perspective," in UCLA Women's Law Journal, vol. 1 (1991): 191.

43. Eve Kosofsky Sedgwick, Between Men: English Literature and Male Homosocial Desire (New York: Columbia UP, 1985), xx.

44. Ibid.

45. Crenshaw, 333.

46. Judith Butler, "Against Proper Objects," in Elizabeth Weed and Naomi Schor, eds., Feminism Meets Queer Theory (Bloomington: Indiana UP, 1997), 20.

47. In the spirit of coalition politics, the Florida chapter of NOW recently adopted a resolution in support of the TG community that decries gender-based violence, and recognizes the transphobia and homophobia at the root of trans-violence. See Gender PAC National News, March 12,2001.

48. Based on testimony by Elizabeth Birch, Executive Director of the Human Rights Campaign, at the Capitol Hill Hearing before the Senate Judiciary to renew the Hate Crimes Statistics Act (Federal Document Clearing House Congressional Testimony, March 19, 1996).

49. Judith Butler, Bodies That Matter, 22.

50. Judith Butler, "Against Proper Objects," in Elizabeth Weed and Naomi Schor, eds., Feminism Meets Queer Theory (a differences book) (Bloomington: Indiana UP, 1997).

51. Elisabeth Bronfen, "Redressing Grievances: Cross-Dressing Pleasure with the Law," in Bronfen and Misha Kavka, eds., Feminist Consequences (New York: Columbia University Press, 1991), 217.

52. Devon Carbado, "Introduction: Where and When Black Men Enter," in Black Men on Race, Gender and Sexuality, ed. Devon Carbado (New York: NYU Press, 1999).

53. See Gayatri Spivak, "Subaltern Studies: Deconstructing Historiography," in Donna Landry and Gerald MacLean, eds., The Spivak Reader (New York: Routledge, 1996), 213.

54. Mari Matsuda, Where Is Your Body and Other Essays on Race, Gender & the Law(Boston: Beacon Press, 1996), 65.

55. For more information on Gender PAC, see <www.gpac.org>.

56. Judith Butler, "The End of Sexual Difference?" in Feminist Consequences , eds. Elisabeth Bronfen and Misha Kavka (New York: Columbia UP, 2001), 431-2.

57. Ibid., 416.

58. Teresa de Lauretis, "Displacing Hegemonic Discourse: Reflections on Feminist Theory in the 1980's," Inscriptions 3.4 (1988), 138-9.

59. I mean to say here that the female body is especially 'blood-stained' because of the disturbing frequency with which it is singled out for abuse. Note for example the pervasiveness of rape as a military strategy and tool of genocide, throughout history and across a wide range of cultures.