KCAVP Condemns Prosecution of Transsexual by Leavenworth County, Kansas

Written by Doug Riley

Wednesday, 19 May 2004

Kansas City, MO – The Kansas City Anti-Violence Project (KCAVP), Kansas City’s only nonprofit organization solely dedicated to providing emergency and ongoing services to victims of domestic violence, sexual assault and bias crimes in the lesbian, gay, bisexual and transgender (LGBT) community, condemns the arrest of Sandy Gast in Leavenworth County, Kansas. Ms. Gast is a transsexual. She was arrested in March and charged by the Leavenworth county attorney for swearing falsely in an application for marriage.

Ms. Gast produced a driver’s license, a Social Security card, and an amended birth certificate during the application process. Additionally, she provided a letter from a Kansas City psychotherapist showing treatment for transgender issues. Even though this is a misdemeanor, bond was set at five times the rate of the maximum fine, or $2500. Additionally, both the Leavenworth County sheriff’s office and County attorneys did not refer to Sandy using the correct gender identification of female. Finally, the need for an alleged strip search for a misdemeanor charge of falsely swearing for a marriage license is harassment.

“It is clear that law enforcement and the local courts are ignorant of transgender and transsexual issues,” said Doug Riley, executive director of KCAVP. “Clearly there was no interest to defraud Leavenworth County or the State of Kansas in regard to Sandy’s gender. It appears Leavenworth County is out to degrade a minority and hold them up to public ridicule. Considering the financial condition of the State of Kansas, it amazes me that taxpayer dollars are being spent to prosecute this case.” Riley adds, “In this heated environment, it is treatment of lesbian, gay, bisexual, and transgender folks like this that causes hate violence and murders to happen. It is in this spirit that we as an organization must work to stop harassing treatment of all LGBT people.”

Jamie Tyroler, KCAVP board member and friend of Sandy and Georgi, stated “Sandy Gast's case demonstrates one of the legal quandaries that transsexuals can be in - one gender for some legal documents, such as passports, driver's licenses, and birth certificates, but the opposite gender when it pertains to marriage.”

KCAVP will continue to support Sandy Gast and Georgi Summers through the judicial process. Additionally, the ACLU of Kansas and Western Missouri is involved in the case and are assisting the couple with fighting the charge.

KCAVP is a Missouri nonprofit corporation committed to providing services, advocacy and education for lesbian, gay, bisexual, and transgender victims of domestic violence, sexual assault, and bias crimes within the five counties that encompass the metropolitan Kansas City area.

The ACLU of Kansas and Western Missouri is a non-profit advocacy organization devoted to the defense and promotion of the Bill of Rights. Our mission is to conserve America's original civic values -- the Constitution and the Bill of Rights – and defend the rights of every man, woman and child in this country.