Andrea Jones, a transgender woman from Tennessee, is fighting for her right to be classified as a woman on her driver's license, after the Morristown Driver's License Office refused to change her sex from male to female on the document. Upset with the Tennessee Department of Safety's requirement of more proof, Jones proceeded to protest in the parking lot by taking off her shirt. She was subsequently arrested for indecent exposure, and spent twenty-three days in jail.

Jones finds herself in an unusual position, as she's recognized as a female by the federal government, and a male by the department of safety. She had undergone a partial sex change, which was good enough for the Social Security office to make the change on her paperwork from male to female. As Jones put it, "What I had was a statement from a surgeon saying I no longer had my testicles."

Unfortunately, prejudice appears to have reared its ugly head in this case, with the police report referring to Jones as a man: "Mr. Jones continued to yell that he had the right to show his breasts in public, and wanted to be recognized as a female." The police seem to have been caught in a contradiction here, as Tennessee law states that the only way a man can be charged with indecent exposure is by exposing his lower genitals. Seeking a consistent ruling, Jones said:

"If I was a male, I had the right to, when I stepped out the door, take off my shirt. It's not right for the state to ask me to be both male and female. A choice needs to be made. They cannot hold me to both standards."

Jones said that, while in jail, she was badgered and pressured to admit her indecent exposure, and what should have been a two-day sentence ended up costing her another three weeks. It also cost her her job. Because of the technicality of not having had full gender-reassignment surgery, Jones, absurdly, could end up being put on a sex-offender's register as a male, for exposing herself as a female. Her court date is December 20.

Commentarium (15 Comments)

Nov 17 11 - 12:13pm
oh hell

My grandmother had a double mastectomy. She's still a woman. My college roommate told me that he was born with only one testicle. Is he only half a man? Until the job is complete, dude, quit your bitching. He should have protested by taking off his pants. Wait, that wouldnt work, would it? It's interesting that, in this case, Nerve is upholding the forward thinking of the federal govt. in classifying him as a her. I thought the federal gov't was an evil, obtrusive entity.

Nov 17 11 - 4:25pm
<3

Asshat troll.

Nov 18 11 - 5:41am
Dee

The Government is evil, liberals are evil, penises and vagoos for all!

Nov 17 11 - 1:52pm
Tru

I'm going to call her a She since that is what she wishes to be called. Yes, technically she IS a man since she does still have a dick. However, I think she has a valid point in saying if she can be arrested for having her shirt off in public, then she should be considered a woman, not a man. According to this, Tits or no tits, a “man” is a “man” right? You don’t arrest a fat man with man boobs for having his shirt off do you? If the police want to call her a man, they had no right to arrest her for indecent exposure. –though that’s what she should have complained about.- As far as her reasoning, No, I don’t see the big deal in changing the sex on her license, especially when she is recognized by other parts of the government as a woman. I guess it’s the fault of the ones who changed her sex to female in the first place, even though the DMV has its own policy. Truthfully, this entire spectacle has just made me giggle to myself. I think her biggest issue is probably the looks she gets from people that ID her when she gets her smokes or booze.

Nov 19 11 - 8:35am
empty Xsuit

I politely disagree. I mean as far as terms go, were a male to hold up a lifesize cutout of a woman's exposed chest, could there really be any different of a response?

Nov 17 11 - 2:05pm
profrobert

Kafka is alive and well in Tennessee, apparently.

Nov 17 11 - 4:11pm
nope

Apparently there's enough genuine trans ignorance on Nerve that I'm going to seem nitpicky for saying this, but that infographic seems really, really incorrect to me. Drag, CD, and butch women/femme men are NOT transgender.

But @oh hell: Why on earth is one set of genitals more indicative of gender than another? If anything, a woman with a masectomy or no vulva, a man with one ball or a micro-penis, etc. should be indicative of the fact that your gender is a hell of a lot more than your genitalia.

Nov 17 11 - 4:26pm
Job Less

I suppose his/her next step is a lawsuit against his/her former employer for some sort of discrimination?

Nov 17 11 - 4:40pm
Doofus

This person's got bigger problems than sex reassignment if she thinks whipping off her top solves an argument with a clerk.

Nov 19 11 - 8:36am
empty Xsuit

I think you just made the comment of the year just there.

Nov 18 11 - 5:40am
Dee

Hey Jeff, I just wanted to say thank you for respecting the appropriate pronouns and excellent commentary. :)

Nov 18 11 - 5:57am
Red

This is pathetic. How could it possibly affect the state. She is a woman. Get over it.

Nov 19 11 - 8:53am
empty Xsuit

Something I just don't quite follow. In my day when a male lost their balls they were just called a eunuch. Is this person's penis still functional? That I believe is a more determent factor in all this since regardless of whether that person has the ability to impregnate someone they may very well have an instrument of trauma. I know if I had a young daughter I wouldn't want her exposed to a penis in the one place where (ideally) there shouldn't be one. (i.e. public rest room)

That being said it seems as though this person is truly asking for the Federal government to supersede a state government's power. To my knowledge the Federal government hasn't been explicitly granted power over the requirements for a state driver's license and fighting this issue in such a way is I'm sure going to become a powder-keg for further debate over the Federal government seizing too much power.

This person was wrong to do what they did. That is clear. It's hardly different from the debate over yelling fire in a movie theater on the basis of freedom of speech. This person wants their feelings taken into account but could care less about the effects such actions have on others. (I.e. parents of any children that may have been in or around the area during the display) This person is selfish. They could've just gone to a lawyer to ascertain the proper legal recourse, avoiding jail time altogether I might add, but instead was to self-absorbed to think it through. I don't have much sympathy since, as cliché as it is, two wrong STILL don't make a right.

Nov 19 11 - 12:21pm
reader

@ProfRobert: ha, indeed!

Andrea did the right thing. She is a brave woman willing to take a stand for her rights as an American citizen and fellow human being. As trolling "Oh Hell" inadvertently argued, physical characteristics alone do not and cannot define gender. Mad props to Andrea. May she be an inspiration to others!

Dec 16 11 - 1:50am
Michael NSW

No she still looks like a man. If she looks like a man and is just chilling shirtless though, would it still be a protest?

No, because of gender inequality. It would be a Brotest, but nothing would be wrong erryone would just be chilling. @ http://www.bestgynecomastiacure.com/

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