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Christine XVII The Battle As they went on with all the official stuff that opens a court session, I glanced around the room. It was full. Gail was there, along with her parents. The whole Reynolds family were there, as were Adam and his mother. Two or three staff members from the computer store were there, and I saw several of the doctors Id been seeing over the past two years. Mr. Marks and Mr. Rollins were both there, along with three or four members of the orchestra. Mr. Morgan from the school board was there, as were Miss Anthony and Miss Banks, my third and fourth grade teachers. Now I knew where the report had come from and I told my parents as soon as I got a chance. Miss Banks, it seemed, was trying once more to have the last word. I saw a few other people whom I didnt know. I supposed that they must be there just to watch the fun, although I failed to see where there would be any fun involved. I smiled and nodded at those that I knew, exchanged a few looks with Josh that could only be described as... well, special. He had a look on his face that seemed to me almost like a fear. Well, why not? I had been feeling that same fear until I saw all those friends behind me. But then my attention was drawn back to the front of the room. This is a family court, the judge said to everyone. That means we dont stand on ceremony here. Anyone who has something to say will be heard, but that doesnt mean there wont be order. According to these documents, this case concerns the custody of one minor child named Christopher Gerald Elliot. Mr. Bagely, are you ready to proceed? Mr. Asher got up and described how the child known as Christopher Elliot had been apprehended from his home on Thursday evening and placed in foster care. The reason, he said, was that the child was being prepared for experimental surgery after having been forced to live as a girl for the past two years. He went on and on about how I had been totally brainwashed into believing that I had always been a girl, and that I needed to have surgery to alter what Id been told was a birth defect to correct the obvious mistake that had been made when Id been born. He made it sound so convincing, I knew that if I hadnt lived it, I would have believed the story myself. My heart, and my hope, sank deeper the more Mr. Asher talked. But I should have known my dad would be ready. My dad was always ready. My dad wasnt one to be walked on or picked on. My dad had never let me down, and if I had only stopped to think I should have known I had nothing to fear. Mr. Elliot, the judge said, are you prepared to answer these accusations? Mr. Stevens got up and asked to interview Mr.Bagely. Mr. Asher protested. I have already explained that this is family court, the judge said. It seems reasonable to me that the accused face his accuser. Please take the stand, Mr. Bagely. May I ask where you got your information, Mr. Bagely? Mr. Stevens asked. Then may I ask, to your knowledge, has there been any sexual abuse? Mr. Stevens was obviously getting frustrated. Your Honor, he complained, I am trying to lay all the facts on the table here, but there simply dont seem to be any facts. I must admit that in twenty years of practicing law, this is the first time I have had to represent a client whom I have never interviewed. I have never even met the child. I request a short recess so that Christopher can tell his parents and me his version of what happened to him since he was taken from his home last Thursday evening. Your honor, Mr. Bagely said, I must protest under the circumstances. The reason for apprehending the child in the first place was to protect him from his parents. We have made every effort to keep them separated. Before anyone had a chance to stop me, I bolted again and this time made it across the room and into my moms waiting arms. Weve been so worried. Mom said as I hugged her. We had no idea where you were. I told them about the foster home and how they had tried to get me undressed; how Id got my black eye and how I didnt want to get Randy in any trouble. I told of the hospital and of Carol, who Mr. Stevens said had obviously been given the job of interrogating me without letting me know thats what she was doing. By the time the half hour was up I had pretty well filled them in on what had happened during the weekend. When the hearing was resumed, Mr. Asher called a witness whose name I didnt know. It turned out to be my friend Carol. You were the admitting nurse who processed Christopher Elliot on Friday evening, is that correct? Mr. Asher said. Carol went on to describe how I would sit and read or write for an hour or so, then I appeared to be talking to myself, but in what seemed like a foreign language of some sort. Then I would start singing, sometimes dancing at the same time, all the time with a broad smile on my face as if I didnt have a care in the world. He seemed to have totally lost touch with reality, Carol said in authoritative tone. For a child to suddenly be removed from his home and spend two days singing and dancing, would suggest some pretty severe emotional problems. She doesnt understand. I jumped up and yelled. Shes twisting everything all around. Let me see, Mr. Stevens said, if I understand correctly, you went through Christophers suitcase, is that correct? Mr. Stevens proceeded to tear Carol apart, hinting very strongly that she could well face legal action for invading my privacy by going through my things, questioning me and spying on me all weekend without benefit of consent from anyone, nor the necessary qualifications to question a child about his abusive situation. I was beginning to think that this guy knew what he was talking about after all. The hearing went on into the afternoon. The judge said that he had other cases to hear, but that he wanted to complete this one because my rights had already been violated enough. The child has already been held two days longer than the law provides for, he said. Consequently no one leaves this courtroom until this matter is settled. Mr. Stevens called Dr. Reynolds, who testified that my two years of therapy had convinced him that on some level I was right: that I was more girl than boy in spite of the physical evidence. He referred to all the other doctors who had seen me and confirmed his findings. Now I understood his reasons for all those doctors. He had overwhelming evidence to support what I was beginning to learn was a pretty radical procedure for a young child. Mr. Asher tried to make an issue of my having been withdrawn from school, but Mr. Stevens had my teachers and tutors, past and present, to confirm my claim that I was being well schooled. Miss Atkinson told what a charming little girl I was, that in the year shed taught me she had seen no evidence that I was abused or coerced, nor did she see any evidence whatsoever that underneath the pretty clothes there was a boy. If I hadnt been forewarned, she stated, I never would have known that she was anything but a happy little girl. Her testimony was pretty well negated by Miss Banks, who described me as spoiled and trying very hard to act a lot older than I actually was. Her version of my having left school was that Id found her, my teacher, difficult to deal with so I had left to get away from her. Mr. Marks explained my behavior in the hospital room as something that we could all benefit from, rather than writing it off as the rantings of an emotionally disturbed little child. Finally at 4:30, the judge was totally confused and frustrated. I fail to see any justifiable reason for taking this child from his home, he said as he ordered everyone to sit down. We have a whole courtroom of experts, all with their own opinion about a pretty young child. If I had to make a decision right now I would have to rule in favor of sending the child home, but I wouldnt feel right about it. Expert opinions are one thing, but when they disagree they serve to confuse more than help. At this moment I would be uncomfortable with whatever decision I make, so Im going to try something else. Christopher, I would like to see you in my chambers; just you and me. Is that ok with you? I was totally blown away by the huge office, the wood paneling, the walls lined with thousands of books. I gawked about the room with my eyes and mouth wide open. Perhaps youll have an office like this some day, the judge said when he saw my admiration. The judge looked at me with a big smile on his face. I just realized that he had called me Christine. Had it been a slip? What in the worlds going on? For the next two hours, I related to Judge Bennet the events beginning with my falling into the sewage pond and my resulting discovery, and all the things that had happened since that day. I cried a little as I re-lived some of those days, and we laughed together at some of the confusing situations Id gotten myself into. Theres one thing that concerns me, the judge said when I had finished. This hasnt come out in the hearing, but it was included in the brief that Mr. Asher submitted. He stated that there is a concern that maybe your parents are pushing you towards surgery to preserve your young boys voice. I understand that your friend Mr. Marks believes you have a very bright future as a singer. Christine, have you ever heard of the castrati of Italy? The judge looked at me with a look that seemed to be boring holes into my head, as if to pull the information out. This is very important, Christine, he said. Is that why youre being scheduled for surgery this spring? You will be ten when they plan to do it, isnt that right? Once my voice changes, they will have to do more surgery to make my voice higher again. Once I start to grow body hair, they will have to do a painful procedure called electrolysis to remove it. But if they do it now and start giving me girl hormones right away, they think I will develop a girls body naturally. But theyre not pushing me, sir. Im the one thats pushing to have it done before all those things happen. It just seems to me its kinda silly to let all those things change when theyre just gonna have to be changed back later. I love my voice and how I can sing so high, but thats not the reason. I just get so tired of always having to be careful where I undress. I get so tired of wearing my special underwear all the time. I just wanna be normal, like all the other kids. Special underwear? the judge questioned. What sort of special underwear? The judge eyed me curiously. Had I just blown the whole thing? Why in the world had I offered to show him my underwear? What had I been thinking? Christine, he said after a long pause, Ive heard of several incidents where someone in authority: a teacher, social worker, foster mother, has tried to get you undressed and failed. As I recall, thats how you got that black eye, isnt it? The judge said that if I didnt mind, he would love to see my personal areas and the special underwear my mother had made for me. So after apologizing for it being less than clean because I hadnt packed enough clean things for four days, I lifted my skirt and pulled down my panties, revealing my jockstrap looking device, designed to hold my boy parts tight against my body. I pulled down the restraint, showing how there was an indentation in the padding which had the effect of making my penis almost disappear to all but the closest scrutiny. The judge thanked me and I put myself back together. He asked me about school. I told him that Josh and I were thoroughly enjoying Mr. Rollins, that we had finished the year as far as the school board was concerned, but that we were continuing to study and were well on the way to mastering basic German, as well as advanced music, stage presence, voice projection, all that sort of thing. I told him that I would love to return to public school before graduation, but not until I could be just a normal girl and change, shower, and participate in everything that all the other girls do. Im just so tired of being a girl that looks like a boy, I said as I began to cry again. Mr. Marks wants Josh and me to make a music CD and maybe even a video, and I think thats really exciting. But whats even more important to me is that everyone in the band, and Mr. Rollins, all just accept me as I am. They all know that I have boy parts, but they dont care. They all just accept me as Christine. Its kinda my chance to be normal, all the time, without always being afraid of getting into some situation where Ill be embarrassed or teased. One more thing I have to cover with you, Christine, the judge said. Youre only nine years old. Thats very young, you know. You realize that if you have this surgery, its forever. You cant change your mind in a year or two, when you see teenage boys doing things you want to do, like play football or go out with girls. If you go ahead with that surgery, its forever. Is that what you want? Yes, sir, there is, I answered. I still dont know exactly why were all here, but it seems to me that everybody is trying to tell me how I feel. I may be just a kid, but I KNOW how I feel. I KNOW Ill never be happy as Christopher. So you can take me away from my parents if you like, and you can stop them from operating on me, but you cant change how I feel. Im not a boy, and I know I never can be, an I dont care what kinda parts Ive got. So please dont make me live my life as a freak. Please? After the court was re-convened, the judge sat on his bench and shuffled through papers, made a few notes, then shuffled again for almost a half hour. Mr. Stevens asked me what had happened, but I just shrugged. I honestly didnt know what the judges decision was going to be. He had certainly been nicer and more kind to me than Id expected, but I was still in the dark about what he was thinking. But just in case, I began going over in my mind all the options I had in case his decision went against me. If he took me away from my parents, I would simply run away first chance I got. If he blocked the surgery, I would find a way to do it myself. Silly perhaps, but to a very desperate nine year old these things made perfect sense. I have been judging family law for fifteen years, the judge began. There arent very many cases in which I havent learned something, but Ive learned more in this case than in any other I have ever heard. This is the first time Ive encountered such a thing as this. Here we have a young boy who is absolutely convinced that hes not a boy at all, but a girl. Ive learned something about human nature, and Ive learned more than I can ever express about children. I can only hope that everyone else has learned something. As I said at the beginning of this hearing, the documents in front of me discuss a male child named Christopher, not a girl named Christine. For that reason, and that reason alone, I am legally obligated to refer to the child in question as a boy named Christopher. My instincts are to discuss, and refer to, a very pretty, confident young lady named Christine. But I want to leave no doubt as to my ruling, so I will restrict myself to the legal definition and reference, which is Christopher, a nine year old boy. This is a very complex case with several issues involved. I shall try to deal with each of these issues one at a time. Incidentally, I apologize to all present for keeping you so late. I considered continuing the case until tomorrow, but young Christopher has been held in limbo far too long already. Everyone present has an axe to grind, and its high time we considered the reason we are here today: a very distressed young person who needs above all else a sense of stability. Christopher, you have my personal guarantee: We shall stay here as long as it takes to settle this matter once and for all. The first issue I wish to deal with is the manner in which Christopher was apprehended. The law provides a fair bit of latitude for child care professionals so that any child abuse can be stopped immediately, without the burden of the normal paperwork or bureaucracy. But as in all things, a degree of freedom is not totally free. With that freedom comes some responsibility. In exercising that freedom, the spirit of the law expects the professionals involved to use some responsibility and judgment. I see no evidence that there was any judgment at all in this case. I see no justification for having removed a perfectly happy child from his loving parents. You have shown me no evidence that any investigation was done other than the feeling or instincts of a social worker who is now unavailable. We dont even know what was in her mind. Unfortunately that social worker was working within her power, so there is little we can do legally. However the Child Protection Agency is legally obligated to present its case before a judge within forty-eight hours to justify its actions. In this case it was more than 84 hours. Yes, it can be said there was an intervening weekend which complicated things, but there are ways around this problem. My very strong suspicion is that the extra time was used to find justification for what should never have happened in the first place. Well, unless you havent already guessed, Mr. Bagely, you failed! When I hear Christophers parents speak, and when I interviewed Christopher himself, I see a child who is loved and cherished by his parents. I see a child who has suffered a great deal of abuse; but that abuse has come not from his parents as Child Protection suggests, but from the very system that should be protecting him: his school, his peers, and the Agency itself. Even the church, which I always thought of as a refuge from all the turmoil of life, told a very eager and trusting eight year old that he, or she, wasnt good enough to worship her God. There is no evidence whatsoever of the brainwashing that is suggested by the Agency. On the contrary, Mr. And Mrs. Elliot have done everything humanly possible to get to the truth in this matter. And the truth is, as nearly as anyone can determine, that Christopher is correct: he is really a girl who was unfortunate in having been born in a boys body. So your petition to remove the child from his parents, Mr. Bagely, is denied. I have heard testimony from several experts, none of whom have ever examined nor even met Christopher, saying that it is impossible for a nine year old to make any kind of realistic judgment about his gender. I have also heard testimony and read reports from experts who have examined and interviewed Christopher. They all agree that Christopher is indeed a girl in every sense except her physical appearance. Therefore the court has no alternative but to support the Elliots in their quest to seek corrective surgery to right a wrong that was done at birth. With the innocence and logic that can only come from a child, Christopher has suggested that his situation is a simple birth defect. I am in no position to judge such a claim, but four doctors have taken the position that his explanation is as good as any. Hopefully, with my support added to those of the doctors involved, Mr. Elliot can obtain some financial assistance from his insurance company. The suggestion has also been made that the fact that Christophers abuse includes depriving him from his right and obligation to attend school. As I understand it he was removed from public school in January and declared a home schooler. Well, I have been given documents, confirmed by Christopher himself, that he has already finished the school year scholastically, and its only March. But Christopher isnt about to stop there. He continues to study not only his curriculum, but also his music, and he is fast becoming very fluent in one foreign language and looking forward to learning two more. So your suggestion that Christopher is suffering in any way from being taken out of the public school system is pure nonsense, Mr. Bagely. Finally, we come to the subject of this lengthy hearing: the child known as Christopher himself. We spent two hours together alone in my chambers, and I found him, or her, an absolutely delightful child. She is dedicated and committed; she is focused and motivated. She has found herself in a rather difficult situation, but rather than fold into a weeping blob who waits for her parents to solve the problem for her, she has busied herself in doing considerable research both on the Internet and in the public library. There were times I had to remind myself that I was talking to a nine year old; she seemed more like nineteen. But then something would tickle her funny bone and I would hear the delightful, musical, enchanting sound of a small girls laughter. I would give anything in the world to hear that charming giggle every day as you undoubtedly do, Mr. and Mrs. Elliot. Christopher is in a great deal of distress bordering on severe depression, but I believe that her distress will vanish once she is reunited with her loving family. That was a whole lot of verbosity to express a very simple ruling: Your request to obtain custody of Christopher Elliot is denied, Mr. Bagely. Your request for a restraining order to prevent his upcoming surgery is denied. Furthermore I am issuing a restraining order against you and your agency, Mr. Bagely. You are not to interfere with this family in any way unless you have substantial evidence. Even then, your rights to apprehend the child in question without the benefit of a court hearing is revoked. In simple terms, you had better do your homework very thoroughly before you interfere with the Elliots in any way. This court is adjourned, and about time. Its almost eight oclock. Christine, God be with you as you face your surgery. I couldnt help it. I knew better, but the child in me took over. As Judge Bennet started to leave his bench, I bolted out of my seat and ran to him and hugged him, tears streaming down my face. I was getting pretty good at this bolting business. Josh told me later that he saw tears in the judges eyes too, but things were far too blurry for me to see it. I thanked him profusely and promised that time would show him that he was right. He hugged me back and said something to the effect that he would appreciate that, and then he was gone into his chambers, and I was hugging all the allies that Id had in the courtroom. I was going home! You scared me so bad when you disappeared, Josh said when we were all back at our house. Things started happening pretty fast after that. Dad and Dr. Reynolds put their heads together and began planning. Dr. Reynolds had been talking with some of his doctor friends, and before I knew it I was scheduled for admission to the University Hospital one month after my tenth birthday. He long ago had decided that the full SRS surgery was far beyond Dr. Chalmers capability, and he wanted the best for, as he put it, his future daughter in law. And the best part of all was that Johnny wasnt going to have to cancel his new Corvette. Mr. Marks presented Josh and me with a retainer, a check for more than enough to cover the surgery provided we agree to work with him one more year and make one CD. That was easy enough for Josh and me: doing what we loved, free private tutor, and a whole career if things worked out and we wanted it. The next two months were a total blur for me. I was examined and probed, questioned and investigated more than a laboratory rat. I remember thinking that I should just go on TV so the whole world could watch as my private parts were examined, handled, squeezed and pricked with needles. I had blood tests and x-rays; there were sonograms and cardiographs. At least a dozen doctors and as many students had to see for themselves this young kid who was born with the wrong parts. But it was really beginning to look as if this was it. It was finally going to happen for me. In between medical appointments and finishing up odds and ends of the school year, Josh, Gail and I were spending more and more of our time at the computer store, which was quickly becoming more than just a computer store. We three spent most of our time assembling new computers, but I had also been assigned one of our larger accounts, a company called Insurance International, which had hired our company to manage all their network and other computer activities. They had been somewhat dubious about having a ten year old girl handle their business, but Dad had assured them that I was quite capable, and would have plenty of backup if I ran into difficulties. Most of my work involved assisting at their help desk, which was in our building, and helping their users with simple problems. Obviously the backup was necessary because, for one thing, I couldnt drive so I couldnt get there quickly if the need arose, and I still had school and all those medical appointments. So about one week before the scheduled date of the surgery, I spent the day making sure all the projects I was involved in were up to date and documented. I spent almost two hours going over various things Id been involved in at Insurance International with Justin, my backup. He was one of the newer employees, a recent college graduate. He was very smart and extremely handsome, and from the day of his arrival had made no secret of his attraction to me. No, I dont think he was attracted to me sexually or romantically, but more of a little sister. He knew about my situation, and he had told me how much he admired my courage in going forward with the feelings in my heart, to say nothing of my dedication to my job which was part time at best. I think I liked Justin every bit as much as he liked me... after all it wasnt every new college grad that would allow himself to be told what to do by a ten year old girl; so a solid friendship had formed instantly. At around 3:30 on Friday afternoon, the last day I was to work, I realized that Justin still had the computer hed been assigned the day he arrived: one of the older, slower models. That wont do, I said firmly. Ill go get you a new model out of the store room. Most of the software is already loaded, so Ill just go get it and you can make the final adjustments Monday morning. Justin protested, saying the one he had was fine for now, but I would not be denied. Josh and Gail have been cranking out new computers all week, I said. One of em might as well be on your desk as sitting back in the storage room. Being the boss daughter brought with it several perks, including a key to the store room and unlimited authority to hand out computer equipment. Other than Gail and me, only the senior managers had that kind of clout. So I quickly grabbed an equipment cart and headed for the store room where we kept about 100 computers, all assembled and loaded, ready to go. I was rushing now, because the afternoon was disappearing before my eyes. I ran to the door and quickly inserted my key, turned it, and called Ill just be a minute over my shoulder as I pushed open the door. As it opened I reached in and flipped on the light. Then the sight before me caused me to freeze in my tracks. To be continued...
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