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75 Denv. U. L. Rev. 1321 (1997-1998)
Stories from the Gender Garden: Transsexuals and Anti-Discrimination Law

handle is hein.journals/denlr75 and id is 1337 raw text is: STORIES FROM THE GENDER GARDEN: TRANSSEXUALS AND ANTI-DISCRIMINATION LAW PATRICIA A. CAIN I. THE BEGINNING It was only a dream, but it seemed real at the time. I stood in the middle of a forest and looked into a stream of water, much as Narcissus must have done. The water reflected as clearly as a mirror. When I saw my reflection, I said: I am a flower. The trees of the forest came alive and spoke. You are a daffodil, they said. But I knew otherwise. No, a hyacinth, I said. We could not agree. I was one or the other and we could not agree. Then the god of light and wisdom appeared. The god said that I was both a daffodil and a hyacinth and I was happy. But then the rule was written. The rule said: A flower is special and cannot be harmed. The interpreters said that a daffodil was a flower and a hyacinth was a flower. At first, I felt protected and warm. Then one day I was threatened by a great wind. I said to the wind: I am a flower and you cannot harm me. The wind began to hum. Then the wind began to laugh. You are not a flower, said the wind. You are not a daffodil and you are not a hyacinth. Yes, I am. I am both daffodil and hyacinth. And as the wind blew over me and trampled me to the ground, I heard it say: Not a flower, not a flower, not a flower. And the interpreters agreed with the great wind. A daffodil/hyacinth is not A flower, said the interpreters. If you are both, you are nei- ther. You are not A flower and you are not protected. Only A flower is special. I protested, but to no avail. If a daffodil is special and a hyacinth is special, then shouldn't a daffodil/hyacinth be even more special? Is it not worse to destroy both? * Professor of Law, University of Iowa; A.B., Vassar College, 1968; J.D., University of Georgia, 1973. Special thanks to Jean C. Love for editorial comments and to all the participants at the University of Denver College of Law Symposium on InterSEXionality for their questions, criticisms, and encouragement. I owe an additional debt of gratitude to the University of Wisconsin Law School for inviting me to present a version of this paper at a faculty workshop in the spring of 1998. My research assistant, Jill Krueger, J.D. Iowa, 1998, provided not only research support, but a creative ear as she listened to the many ideas (some good, some bad) that were suggested by this project.