Jailed for being Trans and Married – Support Levi Gammons

by Wyatt Riot on August 20, 2012

I want us to play a game. I want you to imagine yourself living in Florida and working as a counselor. In your spare time you like to surf and enjoy the beautiful hot Florida sun on your skin. You fall in love with a lovely woman and you decide to get up and move with her to the less trans friendly place of Virginia, which is a region known for being the mainstay of Evangelical fundamentalist Jerry Falwell. You two decide to get married and as time goes on she turns on you. She couldn’t bear the stigma of being partnered with a trans person. She completely and utterly abandons you.

Lets stop playing the game now that I’ve got your attention. Maybe this story doesn’t give you the warm fuzzy feelings in your heart but hang tight….. This story gets worse.

After losing a woman he thought supported him, he was convicted of a felony. His crime? Being transgender — he put the letter “M” on his marriage certificate. He was convicted to forgery of a marriage certificate. This was considered a FELONY.

Let’s pause for a moment. Did you read that? A FELONY. According to the dictionary a felony is:

fel·o·ny
noun/ˈfelənē/ 
felonies, plural
1. A crime, typically one involving violence, regarded as more serious than a
misdemeanor, and usually punishable by imprisonment for more than one
year or by death.

He was sentenced to five years in jail. His sentence was later suspended to one year, which he has spent wholly in solitary confinement. This is what happens to people in our community whose mere existence causes them undue harm and institutional oppression and further, become subjected to the prison industrial complex.

Don’t you want me to just say this is a terrible start to an awful novel or movie or something? Sadly, I can’t. This story is true. The man this has happened to is named Levi Gammons. He is currently still in prison and will be released at the end of next month with nothing but the clothes on his back. He’s lost everything and now has a felony on his record. He has no outside support after he is released. In a letter Levi writes, “Here in Virginia my [re-entry program] opportunities are very limited because of being trans. In this state I would not be able to enter into the men’s housing or women’s. So where most people can move into half-way house or programs, I am not allowed simply due to my being trans. This is a scary feeling. No home, money, very scary.” Levi put every penny into his move to Virginia and with his parents long passed and no siblings, he literally has no support system.

Earlier this year myself and my friend, Sarah Jenny, became pen-pals with Levi after we had learned about his story. We developed a friendship with this man and started to worry for his future after he was released. Last month Sarah Jenny approached me and asked if we should start a fundraiser for Levi. The rest is history and so begins the indiegogo fundraiser.

This is where we turn to you. We ask that you be in solidarity with Levi and show him that he has a community to come home to when he gets out. You can learn more about Levi’s story on our indiegogo website .

This blog reaches thousands of people daily. Can you imagine how much money we could raise Levi if each of you donated $1? Or even $2? Don’t have a dollar? You can learn about other ways of helping Levi by going to SUPPRORT LEVI.

If we can’t help one another, who will? Let’s show Levi that we are out here and that we care.

In closing, Levi writes, “I can’t tell you how much this means to me. I really appreciate it. You have my blessings and thanks to go for it. Put it out there to the whole world.”

{ 30 comments… read them below or add one }

Mandi Hawke August 20, 2012 at 1:01 pm

Has the ACLU been brought into this? There must be some kind of help they can offer, this really could make quite a big case.

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Martine Hannah Naylor August 20, 2012 at 1:40 pm

Let make one thing straight.The only crime commited here is the one of jailing this individual! I have some advice for the florida authorities.Release this individual now or you may find that americans will e unwelcome in the UK and I and others will put pressure on our government, not to help america on other matters! You know what that means!!

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Riley August 20, 2012 at 3:01 pm

You’re going to discriminate against a whole group of people that don’t have any power over this situation because of the actions of a few? Very nice.

Also, you may want to actually read the articles you comment on: the accused is FROM Florida. He committed a crime in VIRGINIA. It’s the government of Virginia you should be upset with… if these extremely vague and poorly-sourced series of articles are even giving us the whole truth.

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Cassie August 20, 2012 at 2:08 pm

Livi is lacking Mens Rea, which is Knowingly committing a crime, which should have dismissed the charges…..If the marriage occurred before transitioning then it’s not forgery!

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Cassie August 20, 2012 at 2:09 pm

Levi**

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Frank August 20, 2012 at 2:37 pm

This story doesn’t add up, there isn’t enough information here. It sounds like the writer is being conned by a criminal.

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Laura G August 21, 2012 at 10:21 am

I’ve done some basic fact-checking, and the story appears legit. A Levi Gammons pled Nolo Contendere on 4/13/2012 in Bedford County, VA (which borders Lynchburg City) of “FORGE PUB DOC; MARRIAGE REG” and sentenced to 5 years, with all but 1 suspended (he also pled to obtaining money under false pretenses, which could be his ex-wife claiming she gave him money to move or something under “false pretenses”). There’s a woman’s name listed under the “AKA” in the court documents. There’s a Levi Gammons listed in the Lynchburg Adult Detention Center roster, with gender listed as “unknown.” So it appears there is a trans guy is prison in Lynchburg, convicted something related to getting married.

Also, there’s a letter posted to blackandpink.org from Dru Levasseur about the case (Dru Levasseur is an attorney at Lambda Legal and I’m sure has a google alert for his name and would have corrected any forgery).

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Frank August 21, 2012 at 12:09 pm

Thank you, that does put some concerns to rest.
Now, why would he put male on his papers? No one is saying whether or not he fulfilled the requirements to be legally male in Virginia (which is not something that can be assumed), which would mean he DID commit a crime. A felony.
And if he were considered legally male in Virginia, the case would have been dismissed, as it wouldn’t be forgery.

People are seriously complaining because a trans person wasn’t locked up with felons in LYNCHBURG, VA, the one with JERRY FALWELL HIGHWAY running through it. Solitary isn’t good for anyone, but it’s also jail. If he committed the crime, he serves the time.

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Laura G August 21, 2012 at 11:59 am

It does appear, however, that some of the details posted here are not correct. It appears he may have a living mother and sister. It also appears he may have some history of fraud, which doesn’t mean he doesn’t need support now, and doesn’t mean this story is untrue, but is a reason for some caution.

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Frank August 21, 2012 at 12:26 pm

Maybe he’s estranged from his family, maybe he doesn’t want to go back to Florida, but I don’t suggest people hand over $5000 to a single convict who told you a sob story from behind bars instead of demanding that Virginia get some trans housing or going through an organization for whom this is a priority.
For all we know, the court decided to keep him out of gendered housing (during and after prison) to keep him safe from other convicts, which is something that courts can and do decide, even if the decision is misled. Levi might still have female parts downstairs, which is something he would have been asked by the court, while appearing male on the outside. You can’t lock up a vagina with male prisoners, or a beard with female ones. It’s dangerous.
While the situation is unpleasant, with the available information it really just seems that it’s all a natural consequence of him committing a crime.

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Kiera August 21, 2012 at 2:22 pm

Frank- your conversations make it quite clear that you either know very little about our systems or that you chose to ignore the issues. It really isn’t worth my time to respond to you directly except that perhaps it is so that maybe folks that I know that are reading this and being triggered because you are essentially discrediting identity, reinforcing the prison industrial complex that interferes with the lives of so many queer and trans populations, and policing people’s experiences, will feel supported. This issue is bigger than Levi. If the court system of Virginia is going to make an example of him, then I think queer and trans communities should fight with him to see potential change. I don’t care if there are inconsistencies. I care that this happens too much: people are put in jail for living their life. He has a felony on his record and has spent a year in solitary because of his gender identity, now he is being denied basic human rights after release, because of the governments ability to interfere with out lives. That is the root of this issue.

You said:

“but I don’t suggest people hand over $5000 to a single convict who told you a sob story from behind bars instead of demanding that Virginia get some trans housing or going through an organization for whom this is a priority.”
– I don’t think this is technically anyone’s priority in that area. It may become that way now that folks are actually paying attention. There are very few resources for trans folks in the U.S. and most of the time when legal stuff comes up, unless it is a legal organization, folks ignore it because it is really difficult shit. AND he should be demanding trans housing? The support needs to happen much quicker than this and people have been working on this issue for so so many years.

“For all we know, the court decided to keep him out of gendered housing (during and after prison) to keep him safe from other convicts, which is something that courts can and do decide, even if the decision is misled. Levi might still have female parts downstairs, which is something he would have been asked by the court, while appearing male on the outside. You can’t lock up a vagina with male prisoners, or a beard with female ones. It’s dangerous.”
– By keeping him out, they are offering him nothing. By segregating him, they are putting him in solitary confinement. This is not okay and it happens all of the time. Several of my trans friends have been put in jail when a loved one turns on them because of their identity (family, partners, etc). In all of these cases they have not done anything but the other party is believed because the accused is trans. It is disgusting. When they are in jail, they are denied what other prisoners receive. When they are let out, there is no support (there is very little support for anybody but especially trans folks) because folks don’t know how to deal with it. This is not for their safety. This is rooted in ignorance and bigotry.
And your comments about genitals are insulting and I hope that a moderator deletes what you are typing.

“While the situation is unpleasant, with the available information it really just seems that it’s all a natural consequence of him committing a crime.”
– UNPLEASANT? Are you kidding me. A pap smear is unpleasant. Hangovers, those suck a lot too. This is beyond unpleasant. And this is the larger issue- being trans is not a fucking crime!!

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Frank August 21, 2012 at 11:20 pm

Being trans is not a crime.
But breaking the law is.

Frank August 22, 2012 at 9:55 am

Also, demanding trans housing (to help ALL trans people in Virginia instead of just one guy) wouldn’t be a huge deal. Maryland, the state right next to Virginia, already has it.

ewwwno August 28, 2012 at 11:56 am

I can’t believe you referred to a person as “a vagina”.

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Frank September 5, 2012 at 2:56 pm

I didn’t. I referred to a vagina as a vagina, which as a transman, Levi probably has.

Kiera August 21, 2012 at 2:05 pm

Where did you get this info?

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Laura G August 22, 2012 at 10:14 am

Kiera, I can’t tell from the threading if this question is for me, but in case it was I got the info about his family members and his criminal history from a friend who is a police officer and did a search using Levi’s DOB (which is on his incarceration records) and former name (which is on his court records). I’m not going to post the details of his family members on this public forum, but if you need to know you can email me. goren dot laura at gmail

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Kiera August 20, 2012 at 3:49 pm

Frank- as someone who is, who works with, and lives within community with, survivors of violence, I know that it is very common to not believe such heinous stories. But these stories are true. Our governments, families, people we love, do fucked up shit like this because they can and do get away with it. Levi is one example of many. It makes much more sense to support him than to question him. I would only hope that others would do the same for me. If we do this, maybe things will change.

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Riley August 21, 2012 at 12:22 pm

You can’t seriously be saying that all stories of abuse are true just because some stories of abuse are true. This story is full of conflicting facts, so it needs to be sourced before it can be believed. That is how things like “truth” and “life” work in practice. You need to deal with that rather than saying “he needs to be believed because he said something bad happened to him.”

Would you like an actually applicable unpleasant fact? Just because people belong to a demographic that is discriminated against does not mean they are incapable of doing things like lying and conning people out of thousands of dollars.

It’s obvious that Mr. Gammons is being wronged by being unable to check into a halfway house. That is undeniable. But just because that is undeniable doesn’t mean the rest of the story posted about him — remember, the one with conflicting facts — is true. Please also remember that by pleading nolo contendere he actually chose the route of doing jail time in Virginia over fighting the felony charges brought against him.

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Kiera August 21, 2012 at 2:35 pm

Riley-
I don’t need to “deal with” anything. I believe all stories of abuse to be true in some capacity. Even if what is not being told to us on the surface is not true, there is generally something else there. I also believe that people lie and steal for a reason. It is not my job to analyze someone else’s experiences. If you don’t want to give, don’t.

“It’s obvious that Mr. Gammons is being wronged by being unable to check into a halfway house.” Yep. All I need to know of the ways that he is being wronged. The rest of this story is highly personal and not up for me to analyze. I care that he was put in jail, for a year, in solitary, for being who he is, and now he has to reestablish himself with know support. I will give me time and my 10 bucks. It is worth that and much more to me to bring attention to this and to support someone. I would hope for the same. I am so over this whole- who deserves help versus who doesn’t.

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Riley August 21, 2012 at 11:40 pm

I’m very glad you have never met or heard of a person claiming to be abused who in reality just wanted money or attention. It’s also very good for you that you have never met or heard of someone lying just to lie or stealing just to turn a profit. Unfortunately, these people do exist, and it IS my job to analyze a story so that I am not donating money to (potentially) a liar or a thief. It is my right to be sure I’m not throwing money after a problem, just as it’s your right to give as much as you wish.

I’d like to point out that one of the conflicting parts of his story is the support network that you bring up. This article says his parents are “long passed” and that he has “no siblings,” while others claim he has a mother and a sister. It is of course up to him whether or not he has contact with his family, and something else entirely as to whether or not they are willing or able to help him, but to claim that they are dead/nonexistent is unethical at best.

Even with all this in mind, did I or anyone else say he didn’t deserve to have a clear path to re-enter society, especially now that he’s served his sentence?

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Jazzie Collins August 20, 2012 at 4:18 pm

Question ? When is it unlawful to live your life without anyone coming down on you.
There is no justice in america’ for trans’ people any where. So if you are trans’ & marriage you do not have any right’s am i clear with the message or not ? It’s hurts me to hear shit like this as a transgender female of color.

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karen August 20, 2012 at 11:31 pm
Laura G August 21, 2012 at 10:56 am

Does Levi still need letters and/or visitors? And does he need local support in Lynchburg for just after his release? I’m in Virginia and know folks in Lynchburg, so let me know if he needs anything locally.

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Wyatt August 21, 2012 at 12:36 pm

Laura G,

Yes! Levi needs all the letters and visitors he can get. To our knowledge he’s only had one visitor in the year he has been incarcerated. You can write him at: Levi Gammons
Lynchburg Adult Detention Center
P.O. Box 6018
Lynchburg, VA 24505

You can reach us (Sarah Jenny and myself) at support.levi@heyqueen.org if you have other questions. Thank you!

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Laura G August 22, 2012 at 10:23 am

Thanks for the response! I just found the link to the FB page and it looks like Cameron is coordinating local support, so I’ll contact them.

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Frank August 21, 2012 at 12:12 pm

I’m not unwilling to believe this because it’s unpleasant, I’m unwilling to buy every aspect of this story because it doesn’t make any sense.

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Wyatt August 21, 2012 at 2:55 pm

Instead of taking the time to write back to each comment that has been sent here I am going to use my energy to keep co-organizing this.

If you want more information on this story a good area to read would be the comments of our invite on Facebook. Link: https://www.facebook.com/events/371660416237910/

If you want to reach myself and my co-organizer Sarah Jenny you may reach us directly at support.levi@heyqueen.org

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Saidah August 28, 2012 at 11:08 pm

Not to back Frank up too much (sorry dude), but he’s got one good point; solitary is definitely in this Levi kid’s best interest. Anyone who would even suggest otherwise doesn’t understand the REALITY of the prison complex. Straight people are routinely raped, beaten and murdered in prison; a trans person in freaking Virginia would have had no chance in hell. Prisons are overcrowded and under-monitored. You seriously want thousands of angry, violent, disenfranchised, under-educated and under-supervised persons to have access to this guy? You don’t want him in men’s and you don’t want him in women’s. He would die. I’m not saying its fair, I’m not saying its right, I’m not even saying he should have been there in the first place. I’m saying that if they were going to put him in jail (and this is Virginia- they WERE), solitary is compassionate to say the least. Otherwise we’d all be talking about the tragedy of the poor trans kid who was brutally raped and murdered with a fucking plastic spoon in a Virginia prison.

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Frank September 5, 2012 at 2:55 pm

Exactly my entire point.

Pleading nolo contendere is directly saying, “I accept jail time.” Where else are they supposed to put him?

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