April 19, 2016 Via Electronic Mail Speaker Robert

Post Office Box 540774
Orlando, FL 32854-0774
Telephone: 407•875•1776
Facsimile: 407•875•0770
www.LC.org
122 C Street N.W., Suite 360
Washington, DC 20001
Telephone: 202•289•1776
Facsimile: 202•737•1776
Post Office Box 11108
Lynchburg, VA 24506-1108
Telephone: 434•592•7000
Facsimile: 407•875•0770
[email protected]
Reply to: Virginia
April 19, 2016
Via Electronic Mail
Speaker Robert DeLeo
Massachusetts House of Representatives
24 Beacon St.
Boston, MA 02133
[email protected]
RE: Clay Scott Francis - three words why Massachusetts should reject H.
1577 “An Act relative to gender identity and nondiscrimination”
Dear Speaker DeLeo:
By way of brief introduction, Liberty Counsel is a non-profit litigation, education, and
policy organization with an emphasis on First Amendment litigation and the protection of
constitutional liberties. With offices in Virginia, Florida, and Washington, D.C., Liberty
Counsel counts allies and constituents in every state, including Massachusetts.
Liberty Counsel writes on behalf of our concerned Massachusetts constituents,
particularly women and parents of minor girls, urging you to oppose H. 1577/S. 735 “An Act
relative to gender identity and nondiscrimination” (“H. 1577” or “the Act”).
“Gender identity” as inserted by the Act into existing Massachusetts nondiscrimination
law will inherently conflict with and violate the protections existing law affords women against
discrimination on the basis of biological “sex,” particularly in places of public accommodation.
Women and girls will no longer have existing protections from privacy and safety violations,
if H. 1577 is enacted, and no place to perform private bodily functions, change clothes, or
shower, away from the prying eyes of males expressing a female “gender identity” or any
male seeking access for his own purposes.
Specifically, H. 1577 will allow “transgender” sexual fetishists like Clay Scott Francis,
(also known as “Colleen Francis”) to expose their male genitals to women and girls throughout
Massachusetts, without recourse for anyone affected by such behavior. Any vote to approve
H. 1577 is a vote to allow individuals like Mr. Francis free reign, and thereby deprive females
of their right to privacy. Opposition to H. 1577 is bi-partisan and spans the conservative/liberal
ideological divide: even members of the lesbian feminist community are in agreement on this
Oppose H. 1577
April 19, 2016
Pg. 2
issue with ideological conservatives: men – regardless of subjective identity - have no place
in the private spaces reserved for actual, biological women and girls.1
Simply put, so-called “transgender” males either a) think they are female, but are
suffering from extreme gender confusion, or b) know that they are not female, but are sexual
fetishists who obtain pleasure from dressing in women’s clothing, invading women’s private
spaces, and acting out the fantasy of living as a “woman.” Neither extreme should be the
basis of a claimed right by such males to enter women’s bathrooms, lockers, and other places
where actual women have a reasonable expectation of privacy, over and above existing
protections based on objective biological sex.
“Transgender” activists claim that instances like Mr. Francis are
rare or do not exist, and that concerns about the safety of women and
girls are manufactured. This claim is belied by numerous media reports,2
as well as the official police report (attached) detailing the Francis
incident. In 2012, under a Washington law nearly identical to that
proposed by H. 1577, the “male-to-female” “transgender” Clay Scott
Francis engaged in “gender identity or expression” in the restrooms and
locker rooms of Evergreen State College, by “sitting with her [sic] legs
open with her [sic] male genitalia showing” in front of women and
schoolgirls from local schools, which used college swim team
facilities. His interpretation of what was permitted by the “gender identity
or expression” law and policy was affirmed by Evergreen State College, as well as the
Thurston County prosecutor’s office, despite the actual presence of females and minors. He
remains free to continue doing so today. Further details of his case are discussed in the
November 2, 2012 letter to the Thurston County, WA prosecutor’s office.3
In addition to Liberty Counsel’s letter to the prosecutor, I also encourage you to review
Mr. Francis’ KIRO News video interview,4 in which he claims the right to expose himself to
women and girls because “this is not 1959 Alabama” anymore, falsely equating himself with
Black Americans and the Civil Rights Movement. Finally, I encourage you to review the
attached copies of Mr. Francis’ internet self-disclosures, excerpts of which show that he
is a sexual fetishist, and does not suffer from gender confusion:
There's no one "type" of woman that I am attracted to, really. I love women and
find all kinds of women attractive.
Did I mention I just love and adore women? Their touch, feel, scent, taste. . . . are
all intoxicating to me! :)
I am a very attentive sexual partner and love to please whomever I am with.
1
https://genderidentitywatch.com/gender-identity-legislation-and-the-erosion-of-sex-based-legalprotections-for-females/
2 https://gendertrender.wordpress.com/2011/05/28/men-love-the-ladies-restroom-transgender-edition/
3 https://www.liberty.edu/media/9980/attachments/110212_-_Ltr_-_Thurston_County_Prosecutor.pdf
4 https://www.youtube.com/watch?v=-PMVj62plRI
Oppose H. 1577
April 19, 2016
Pg. 3
I am a hedonist, and very sensual…
I am not looking for men. It's that simple.
I love women...
[Y]ou already know I'm kinky, that I identify as a woman…
I’m looking for
 Girls who like girls
 Ages 18–60
 Near me
 For new friends, long-term dating, short-term dating, activity partners,
casual sex
Mr. Francis gives additional insight about the true nature of his claimed “transgender”
fetishism. The attached article5 states, “[Francis] still has a penis and as [he] says, “I use
my c_ck cuz I have one [sic].” H. 1577, if enacted, will allow Massachusetts examples of
such males who dress as women, claim to be women, who are sexually attracted to women,
who use “[their penis] cuz [they] have one,” to invade women’s restrooms, with no recourse
for affected women and girls. It will create a legal cause of action against business owners
who seek to protect female customers from such deranged individuals.
Clay Scott Francis is unfortunately not the only example of such behavior. Liberty
Counsel has been contacted by concerned women and parents of minor girls in numerous
states regarding similar instances, which can be provided upon request. “Gender Identity”
may be a “protected class” in Massachusetts, but it is not (and should not be) the master key
to women’s restrooms. Sex is not “assigned” at birth – it is recognized based on objectively
observable facts. Subjective mental “identity” or sexual fetishes should not override basic
privacy rights long-recognized on the basis of biological sex. These privacy rights are
designed primarily to protect women and girls from predatory males.
If H. 1577 passes, those who vote for it will be responsible when another Clay Scott
“Colleen” Francis legally exposes his male genitals (or worse) to women and girls in
Massachusetts locker rooms or restrooms, over the objections of female employees, teachers
and minor students, just like what happened in Washington.6 If, as “transgender” activists
claim, there are “male-bodied women,” then no additional law can prevent such behavior,
because locker rooms in particular are places where various levels of undress and nudity are
expected. Thus, once given access as set forth in H. 1577, “male-bodied ‘women’” will have
a legal right to all benefits and accommodations of such areas, and it is up to actual women
and girls to simply “get over their bigotry” against “‘women’ with penises.”
5
http://wholesexlife.com/2011/07/gender-presentation-series-colleen/
http://gendertrender.wordpress.com/2012/10/07/olympia-wa-school-officials-state-gender-identityprovision-overrides-title-ix-equality-for-girls-swim-teams/
6
Oppose H. 1577
April 19, 2016
Pg. 4
For these reasons, please reject H. 1577, as a misguided call to permit men – whether
they “identify” as women out of delusional sincerity, or out of sexual fetishism, to violate the
privacy rights of actual women and girls, and to expose them to the dangers of voyeurism,
rape and sexual assault. Women and girls deserve more respect than this.
Should you have questions about any of the points contained in this letter, please don’t
hesitate to contact me at (407) 875-1776.
Sincerely,
Richard L. Mast, Jr., Esq.†
CC VIA EMAIL
Governor Charlie Baker
Senate President Stan Rosenberg
Massachusetts House and Senate Members
†
Licensed in Virginia
RLM/ajr
EVERGREEN STATE COLLEGE POLICE SERVICES
2700 EVERGREEN PKWY NW
OLYMPIA, \VA 98505
12 1460
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On Thursday, September 27th at 11 :50 am I was contacted in person by
who is
here at the Evergreen State College and mother o~ , who is a 17 year old student in the swim
club at Capital High School She rep0l1ed her daughter was u~ecause she observed a person at the
women's locker room naked and displaying male genitalia. _
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this type of sinmtion and wanted something done about it. I advised her I would be following up on her
complaint and asked her to have her daughter fOf\\'ard a statement in reference to what she observed.
NOTE: The day prior on Wednesday, September 26th at 17 12 hours, Officers Brewster and Koppenhaver
responded to the Campus Recreation Center (CRC) on a report ofa man in the women's locker room. The
person who called Police Services was a Joshua Trotter (coach with the Evergreen Swim Club - not affiliated
with Evergreen College.) When the officers arrived they were advised the individual in question was
trans-gender and the CRC was handling the situation and mislUlderstanding. Apparently Colleen Francis's
(trans-gender person) friend Lacy Malloy had a conversation with someone at the CRC and was upset with
Colleen's identity being questioned. It's lUlknown at the time of this report who the conversation was with.
Tiffany Wright, who is a swim coach for Evergreen Swim Club (no affiliation to Evergreen College), called me
on Friday, September 28th to advise she was the one who confronted Colleen in the sauna . Because while she
was at the pool, a female high school swim student came up to her and stated there was a man in the salma . The
lifeguard (Justin) requested Tiffany to go to the sauna and check it out and she did at which time she observed
Colleen sitting with her legs open with her male genitalia showing and Tiffany said to her, "you need to leave."
Tiffany then went to the front desk and asked the person there to call police. She subsequently fOlw arded an
email statement to me, which is attached to this report. In this email she states she apologized to Colleen for for
questioning her but she also explained there were girls 6 to 18 years of age and they were not use to seeing
individuals in sinlations like this.
I contacted Joe Wheeler at the Thurston County Prosecutor's Office and advised him of the situation and asked
him if we had enoUlz:h infonnation for a possible indecent exposure or any other charges based on the complaint
from the_ a n d he advised he would get back to me shortly. I then received a call back and Joe
advised he met with other colleagues to confer and he stated the criminal law is very vague in this area and it
ofthi , inf,,,,,.. tion and also
would be unlikely they could pursue charges. I then .dvi"d
explained to her the college is taking this seriously and looking into some avenues to minimize this type of thing
from occurring in the funlIe.
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9/28/2012 at 10:03 :45
9/28/2012
Printed AI: 10/12/2012 10:58:50AM
Page 3 of3
Ikport Exec c(20 12)
Clay Scott Francis – OKCupid Account Screenshots
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Gender presentation series: Colleen » My Whole Sex Life
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Gender presentation series: Colleen
2011
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Colleen sits across from me in a vinyl booth in a funky burrito restaurant.
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She is a self proclaimed hippy chick, with red hair and a multitude of
anal art blow job queen
freckles. She confesses that she put on makeup special for today and I’m
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amused because I did too. We’re also both vegetarians, both tattooed, both
boundaries breasts
CBT cross-dressing date
domestic bliss edge
play education epiphany
family fear Gender Series
love sex, and both deeply spiritual. More than that, we each have 5 children.
What’s different? Well, Colleen is currently a college student and I am not.
Oh, and Colleen was born into a male body.
When I asked her about her gender, Colleen said, “I’m just a girl… I’m
female.” While she says that binary gender (boy OR girl) is “bullshit,” she
also tells me that she knew at 3 years old that she was a girl. Unfortunately,
Colleen “come(s) from a place where they will beat you and hang you on the
fence to die if you’re different.” So Colleen set out to do all of the really
masculine things to disguise herself. She got married right out of high
school, rode bulls, had guns, went big game hunting, fishing, had children, and was in the Army for 20 years.
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Then a few years ago, after struggles with alcoholism and some gender experimentation and cross-dressing,
your brain with toys video
Colleen realized that she couldn’t pretend to be a boy anymore. Her girlfriend at that time decided she
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couldn’t deal with losing her boyfriend like that, so they split. Colleen points out, “gender and sexuality are so
not the same thing.” Because Colleen was attracted to women before her transition, she still is (although
there’s that one boy). She’s a lesbian into natural hippy chicks. I flashed her my armpits.
Questions?
[email protected]
But what does a gender transition look like, I want to know. Colleen introduced me to the “Standards of Care”
– the directives that most of the medical community follow for transition from one gender to the other. Here is
how Colleen explained it to me:
1. A diagnosis of “Gender Dysphoria,” meaning that the birth gender doesn’t fit the person’s feeling of
gender
2. Intensive therapy with someone who specializes in gender issues
3. Spend at least 1 year living as the gender you are becoming (RLE, or real life experience)
4. Get a letter from your therapist recommending medical treatment
5. Hormone replacement therapy (HRT)
6. Gender reassignment surgery
Colleen has progressed through the first 5 steps. Surgery is problematic for
a few reasons, but mostly it’s extremely expensive and not widely available.
This does mean that Colleen still has a penis and as she says, “I use my
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the world.
Lab experiment #13 – Figging:
For Colleen, taking hormone has been a blessing. She finds herself in better
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Gender presentation series: Colleen » My Whole Sex Life
the right chemical balance for the first time. Hormones have also started her
breasts growing. She jokes that looking at them will make them grow. Later,
I had her flash me in the restroom. The rest of the effects of hormones are
similar to going through puberty. Colleen says, “I love what is happening to
my body now.” She even likes the monthly hormonal cycles and bemoans not cramping or bleeding. (But she
hates that she still has to shave facial hair – sometimes twice a day. Removing facial hair is a cosmetic
change.)
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Hormones have even changed Colleen’s sexual turn ons, although she says it’s, “not just the hormones, it’s
the headspace. Sex depends on what’s going on emotionally.” and “sex is very emotional for me.” She’s
experimenting with what is successful sexually now. She reports that it works about 90% of the time. I’m still
Blog archive
kind of hung up on the chicks with dicks phenomenon, but then Colleen says, “I have never been really
October 2012 (10)
genitally focused sexually. I mean obviously, that’s where a lot happens (but) my whole body is an erogenous
September 2012 (6)
zone.” Oh yeah, that’s how I feel too.
August 2012 (10)
July 2012 (5)
So I want to know how Colleen’s family is responding to her transition. She has two small daughters who are
June 2012 (10)
4 and 6 years old. How do you tell small children that Daddy is now Mommy? Well, in typical small child
May 2012 (7)
fashion, they work it out for themselves. Colleen is open to her children’s preferences as far as a title, but
April 2012 (11)
admits that it’s awkward to be called Daddy in the Ladies Room. The girls have taken to calling her
March 2012 (9)
DaddyMommy and more and more often just Mommy as they perceive that it makes her happy. They are
February 2012 (12)
dealing with the changes with great equanimity.
January 2012 (11)
December 2011 (6)
Not so Colleen’s father. She says, “My dad is John Wayne.” He believes that men don’t express emotion.
November 2011 (18)
He’s deeply in denial and has gone to great lengths to avoid talking about Colleen’s transition. About a year
October 2011 (13)
and a half ago, Colleen sent her dad a letter explaining what was going on. After 2 months without a
September 2011 (12)
response, she started to fear that she was losing her dad. She had a bit of a breakdown, but finally called her
August 2011 (14)
father. They spoke for 45 minutes about cheerful things they had in common, but nothing real. Finally Colleen
July 2011 (19)
asked about the letter, which he admitted he had read but believed Colleen had “crawled back into the bottle
June 2011 (15)
or was on something.” At this point Colleen had been sober for about about a year and was really angered by
May 2011 (18)
his response. She said, “Fuck you! I was sober then and I’m sober now. And this isn’t changing. This is for
April 2011 (24)
real.” He got off the phone pretty quick, but they can still talk as long as Colleen doesn’t mention anything
March 2011 (21)
about the sex-change. It’s a tricky situation to be in.
February 2011 (19)
January 2011 (25)
The only other discrimination Colleen has run into was
December 2010 (30)
getting beaten up during Gay Pride, after leaving a gay bar.
November 2010 (20)
As she points out, someone was going to get beaten, it
October 2010 (7)
might as well have been her. Still, it’s a shitty situation that
September 2010 (8)
would leave anyone feeling bad and she speaks of it with
August 2010 (12)
more calm than I could muster.
July 2010 (11)
June 2010 (13)
She tells me that it’s important to “be proud of your true self”
and explains that she just has a birth defect – she should
have been born female and wasn’t. I think she’s very brave
and amazing. She has a charming way of maintaining a steely spine while looking at the positives in life. I
want to help other people like her. I ask what she would tell people who are considering a transition. She
says, “Fucking go for it because you have a chance to be happy for the first time. But! Get a hold of your
issues and work on them. A sad boy will be a sad woman.”
http://wholesexlife.com/2011/07/gender-presentation-series-colleen/[11/2/2012 1:59:40 PM]
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Seattle Over 30
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10/29/12
19 days ago
I am so incredibly proud of this woman doing what so few are able to do. Thank you for
standing up tall and proud!
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