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Transgender Politician Sued for “Fraud”

So this is utterly repulsive: City Councilperson Michelle Bruce is being sued for fraud by her failed opponent. Why? Because Bruce is a transgender woman.

Four years after she won a City Council seat, making her what is believed to be Georgia’s first transgender politician, Michelle Bruce is battling a lawsuit by an unsuccessful opponent who claims she misled voters by running as a woman.

Michelle Bruce, a transgender member of the Riverdale, Ga, City Council, is being sued by a woman she beat in an election.

Ms. Bruce, a tall woman with shoulder-length graying hair, said she has always identified herself as transgender.

“I’ve always been Michelle,” she said. “If someone has a problem with that, I can’t help them. It’s a personal issue.”

Ms. Bruce, 46, who runs an auto repossession business, began her political campaign in 2003. Running unopposed, she landed one of four Council seats and promised to attract more jobs and residents to Riverdale, a town of 12,000 about 12 miles south of Atlanta, lined with rundown strip malls and used car shops.

Three rivals ran against her in the Nov. 6 election. She captured 312 votes, not enough to avoid a Dec. 4 runoff against the second-place finisher, Wayne Hall, who earned 202 votes.

The third-place finisher, Georgia Fuller, who collected 171 votes, filed a lawsuit claiming election fraud.

The complaint, identifying Ms. Bruce as “Michael Bruce,” says she misled voters by identifying herself as female. It asks a judge to rule the November election results invalid and order another general election.

Ms. Fuller did not return calls seeking comment, but her lawyer said voters in Riverdale tended to favor female candidates, particularly if they were incumbents.

“It gives her an unfair advantage,” said the lawyer, Michael King. “It’s not just sour grapes. The people need to know whether the election is fair.”

You know, I’m already not feeling very well today. But I can confidently say that yes, this is the cause of the nausea I’m currently experiencing.

Of course, I can’t say that I’m surprised by the open and hostile transphobia. But that should never minimize our collective disgust over the matter. Claiming that one’s full history of gender statuses is important to an election is ridiculous. It’s also blatantly prejudiced in that it 1. suggests that Bruce is not a “real” woman and that her gender is somehow open for discussion, and 2. suggests that it is somehow Bruce’s fault that our culture automatically assumes every person to be cissexual unless told otherwise. And referring to Bruce by a male name, I hope we can all recognize by now, is also purposely disrespectful and offensive.

I only hope that the case will be thrown out, but in the end that’s really not the point. The point is that Bruce did not win the election by a wide enough margin, so she will go head to head again with her closest opponent (not Fuller) on Dec. 4. The idea clearly isn’t to win a lawsuit, it’s a direct attempt to defame and humiliate Bruce before the public has a second chance to vote. Bruce herself acknowledges such. And though I’ve been following unethical election tactics by Republicans for some time, this has to be one of the worst. [Note: The political affiliations of all people in this story are not stated in the article and therefore I am currently unaware of which political parties they are aligned with, if any. In any case, I don’t care if Bruce is a Republican or any other kind of conservative, nor do I care if Fuller is running on a Democratic/liberal ticket. Or vice versa.]

In the end, all I can do is give Bruce credit for how well she is handling this abhorrent situation:

City Attorney Deana Johnson said Ms. Bruce’s identity was no mystery to her constituents.

“She has served as councilperson for four years as Michelle Bruce,” Ms. Johnson said. “It sounds like a case of politics.”

Ms. Bruce will not say if she had surgery to change her gender, saying it is a personal matter.

She deflected most questions about her personal life, instead addressing her hopes for Riverdale, a town she said was in search of an identity.

“People want a candidate that will listen to them, protect them, save them money and be there for them,” Ms. Bruce said. “And I always will be.”

Good for you, Ms. Bruce. And a big FUCK YOU to the AP for having the gall to ask such an inappropriate question. The idea that people somehow have the right to know about the status of a transgender person’s genitals — questions that you would never ask a presumed cissexual person — is insulting on every level, as is the idea that if a transgender person has not had “bottom” surgery (or any other kind of surgery, for that matter), they are not “really” the gender that they identify as. Genitals do not make up a person’s world. And though transitioning is generally a very big part of a transgender person’s life, I’m tired of seeing trans identity treated like it is the only and/or most important part of who a person is. Personally, I can’t fathom what it would have to do with Bruce’s electability (unless, say, she was actively promoting anti-transgender rights laws).

I think that the assholes who are filing this suit, if they’re really honest with themselves, also realize that Bruce’s gender is completely irrelevant to how deserving she is of holding office. But whether or not voters will agree, we’ll have to wait to find out.


17 thoughts on Transgender Politician Sued for “Fraud”

  1. “It gives her an unfair advantage,” said the lawyer, Michael King. “It’s not just sour grapes. The people need to know whether the election is fair.”

    When, honestly, has being female ever been an advantage in politics?

  2. I should add that what I mean to say is… in this society, when has being female ever been an advantage in politics? Given Hilary’s treatment by the media and general populace and the general prevailing air of misogyny and so on…

  3. ugh…do we really have to get into the sex/gender thing again? since when did our genitals become public knowledge? it’s bad enough when you are pregnant and complete strangers ask about your cervix…but this woman is a public figure, obviously doing a great job at what she is doing, and it is no one’s FUCKING BUSINESS what genitals she is carrying around. her gender only need matter to her as it is her choice, and her sex is b/t her and her doctor…

    wtf? please update us on this. great post.

  4. I can’t imagine this suit survives a motion to dismiss the complaint (which I’d love to see). According to this case,

    ” ‘ “The five elements of fraud and deceit in Georgia are: (1) false representation made by the defendant; (2) scienter; (3) an intention to induce the plaintiff to act or refrain from acting in reliance by the plaintiff; (4) justifiable reliance by the plaintiff; (5) damage to the plaintiff.” ‘ [Cit.]” U. S. Title Life Ins. Co. v. Hutsell, 164 Ga. App. 443, 447 (296 SE2d 760) (1982).

    I’d love to know how the plaintiff pleads justifiable reliance or damage.

    Clearly, this is a nuisance suit with no hope of succeeding. Its purpose is plainly political, and meant to influence the runoff. I certainly hope the judge awards fees and costs to Ms. Bruce for the cost of defending this frivolous suit. I’d also love to know if anyone’s bankrolling the plaintiff.

  5. I agree Zuzu, although like you say, the damage will be done regardless and hopefully the voters in that area will see through the cynical and mercenary political theatrics and give Ms. Bruce a fair shake.

    The entire premise of the lawsuit; that is reliance, scienter, fraud all rely on denying the existence of Michelle Bruce and I’d think also would include some sort of malicious intent to be proven wouldn’t it Zuzu?

  6. I’ve been trying to find a copy of the complaint without success, unfortunately. It was brought by two losing candidates, a man and a woman, so I’d love to hear their theory on the advantage Ms. Bruce got for running as a woman. I’m sure it’s convoluted.

    I’m sure it’s something like this: Ms. Bruce ran as a woman even though she wasn’t, knew she wasn’t, acted with the intent of making plaintiff do … um… something? Not vote for her, since the plaintiffs would have voted for themselves. Vote for a woman? Since one of the plaintiffs is a woman, how does that work? This is where it all falls apart, IMO.

    Not to mention, usually the fact that’s being hidden or lied about has to be material, and I don’t see how you make the argument that a candidate’s gender is material.

  7. “It gives her an unfair advantage,” said the lawyer, Michael King. “It’s not just sour grapes. The people need to know whether the election is fair.”
    It gave HER an unfair advantage!!! So even the ambulance chaser Michael King believes Michelle Bruce is a woman. Sorry Ms. Fuller, your case and your lawyer are both stupid and reprehensible. Please go home and accept your political defeat.
    Also let not forget the big elephant in the room, Wayne Hall, a man, beat you, Ms. fuller.

  8. Hawise,

    Oh yeah, sour grapes.

    I also agree with the bloggers above who question his assertion that being female is somehow an advantage in politics. So not true in any universe I know of.

  9. Ms. Bruce ran as a woman even though she wasn’t, knew she wasn’t, acted with the intent of making plaintiff do … um… something? Not vote for her, since the plaintiffs would have voted for themselves. Vote for a woman? Since one of the plaintiffs is a woman

    Hilarity ensues.

    Sorry Ms. Fuller, your case and your lawyer are both stupid and reprehensible. Please go home and accept your political defeat. Also let not forget the big elephant in the room, Wayne Hall, a man, beat you, Ms. fuller.

    There’s a beautiful comedy skit inside that whole thing just waiting to come out.

  10. This is like suing one’s opponent for having had polio and unable to walk at some point in the past. “She’s fraudulently presenting herself as able-bodied!”

    The whole “We totally have the right to ask invasive questions about your genitals and personal life because you have a transsexual history” thing is just one of the ways that society tries to hammer home that trans people don’t deserve full personhood and the benefits that come with that (privacy, for example). I’ve heard people with disabilities talk about similarly invasive questioning – not genitalia, but the assumption that a visible medical condition means you’re obligated to tell people about it.

    Not that this is a button of mine or anything.

    I really hope the case is just thrown out as frivolous.

  11. #2 asdf, stole my answer! But it bears repeating.

    “It gives her an unfair advantage,” said the lawyer, Michael King. “It’s not just sour grapes. The people need to know whether the election is fair.”

    So now being a woman is an advantage in an election? Since when?

    A SOUTHERN election? Right. What a fucking joke.

  12. I agree, Lisa. This is a frivolous lawsuit and surprise — it is coming from the very group of people who support these so-called “tort reform” laws.

  13. “It gives her an unfair advantage,” said the lawyer, Michael King. “It’s not just sour grapes.”

    This has to be the most ridiculous women-have-an-unfair-advantage lawsuit since some prisoner sued to overturn his conviction on the ground that the prosecutor was visibly pregnant when she tried the case, which would make the jurors sympathetic to her.

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