LGBTQ+ advocates are expressing concern about the Upper Merion Police Department’s misgendering of a trans woman of color, despite the township having a trans-inclusive antibias ordinance.
Trans woman Kayla Anderson, 28, was arrested by Upper Merion police in November 2023 at the Valley Forge Casino on drug-related charges. The police department’s criminal complaint and affidavit of probable cause citing the basis for criminal charges repeatedly misgender Anderson.
The affidavit describes Anderson as a “black male,” and refers to her with male pronouns approximately 10 times. Conversely, the document refers to Anderson with female pronouns three times.
Anderson is being held in a state correctional facility in Collegeville, Pa., pending the outcome of her criminal case and couldn’t be reached for comment.
An Upper Merion police spokesperson didn’t reply to questions from PGN, seeking clarity regarding the department’s policy relating to trans people. The township is overseen by five elected supervisors. They also didn’t respond to emails seeking comment. Their names are Tina Garzillo, William Jenaway, Carole Kenney, Greg Philips and Greg Waks.
The township’s solicitor, John F. Walko, issued this statement: “The Township Board of Supervisors has no comment at this time due to the pending criminal case. The Upper Merion Police Department strives to treat everyone they encounter with respect and are committed to fostering, supporting and strengthening diversity, equity and inclusion within the community. The oath taken by each police officer commits that they will not discriminate against any person based on their biological sex or sexual orientation.”
The township’s antibias ordinance includes protections on the bases of “gender identity or gender expression.” Walko didn’t reply to a question from PGN, asking whether the township would require its police department to adhere to those provisions.
Asa Khalif, a local trans advocate, expressed concern about the misgendering of Anderson by Upper Merion police.
“There’s something already in place to protect trans people and yet she [Anderson] is still being misgendered by the police,” Khalif told PGN. “That’s an unacceptable situation. As Martin Luther King said, ‘Be true as to what you put on paper.’”
In Khalif’s opinion, racism contributed to the misgendering of Anderson.
“Race is always a factor when it comes to law enforcement,” Khalif continued. “It’s a double whammy when you’re dealing with race and gender identity. The fact that she’s Black — please don’t tell me that didn’t play a huge part in her mistreatment…I will be closely monitoring the situation.”
Kris Tassone, police counsel at the National Center for Transgender Equality, emphasized the importance of interacting with trans people respectfully.
“Transgender people deserve to be treated with respect, including in police interactions, and using the correct name and pronouns is an important way to do so,” Tassone said, in an email. “Unfortunately, due to a lack of adequate policies and sometimes bias, many transgender people are misidentified in police interactions.”
Tassone said misgendering trans individuals impacts their civil rights.
“As a first point of contact with the criminal justice system, the effects of misgendering by law enforcement officers have far reaching consequences impacting the rights and safety of transgender people in court proceedings, incarceration, and public records,” Tassone continues.
Tassone said numerous police departments across the country don’t have policies regarding the proper treatment of trans people.
“NCTE’s 2019 report, ‘Failing to Protect and Serve: Police Department Policies Towards Transgender People,’ examined the 25 largest police departments in the country and found that six departments required that gender be documented based on identification documents such as a driver’s license. For many transgender people, these identity documents don’t match their correct name and/or gender,” Tassone asserted.
Tassone added: “The report also found that 18 departments did not provide clear instructions on documenting a person’s gender. And most department policies (15 out of 25), including those that specifically address transgender interactions, lack any policies regarding correct use of names and pronouns.”
NCTE advocates for safer police interactions with the trans community, Tassone noted.
“To fulfill their commitment to protect and serve the community, police departments must respect the dignity and rights of all people and implement meaningful training and policies to ensure those rights are respected in all interactions,” Tassone continued. “Policies mandating the use of a person’s correct name and pronouns when addressing that person, correctly documenting their name, pronouns, and gender on paperwork, and outlining appropriate search, housing, and transport procedures are a necessary step in safer police interactions with the trans community. “
A pretrial conference for Anderson is scheduled for 8:30 a.m, May 21, in Courtroom D of the Montgomery County Courthouse in Norristown, Pa., with Common Pleas Judge Thomas M. DelRicci presiding. A trial date for Anderson hadn’t been scheduled, as of press time.