Transgender “Transition” Procedures Performed on Minors Answers to Questions and Information for Joint Interim Committee
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Unconscionable and Unconstitutional: Bill C-8'S Attempt to Dictate Choices Concerning Sexuality and Gender
Unconscionable and Unconstitutional Bill C-8’s Attempt to Dictate Choices Concerning Sexuality and Gender May 12, 2020 Marty Moore, JD, and Jocelyn Gerke, BComm, MPP, JD (Student-at-Law) Mail: #253, 7620 Elbow Drive SW, Calgary, AB • T2V 1K2 Web: www.jccf.ca • Email: [email protected] • Phone: (403) 475-3622 CRA registered charity number 81717 4865 RR0001 CONTENTS Executive Summary ...................................................................................................................... 1 I. Bill C-8: An Act to Amend the Criminal Code (conversion therapy) .................................. 2 A. An overly broad definition of “conversion therapy” .............................................................. 2 B. Bill C-8 restricts children’s and adults’ access to care.......................................................... 3 C. Bill C-8 imposes an ideological view of sexuality and gender ............................................... 5 II. Bill C-8 Restricts Health Professionals’ Ability to Treat Children’s Gender Distress without Transition and Medicalization ....................................................................................... 7 A. Bill C-8’s imposition of a single treatment path for children ................................................. 7 B. Violation of practitioners’ and patients’ freedom of thought, opinion, belief and expression 9 C. Political interference with medical and scientific debate limits healthcare options .............. 9 III. Bill C-8’s Violation of the Charter Rights of Children and Parents -
Why Allowing Sex-Reassignment Surgery for Transgender Life Prisoners Facilitates Rehabilitation and Reconciliation
THE CAGED BIRD SINGS OF FREEDOM: WHY ALLOWING SEX-REASSIGNMENT SURGERY FOR TRANSGENDER LIFE PRISONERS FACILITATES REHABILITATION AND RECONCILIATION BY: ALEXANDER KIRKPATRICK* ABSTRACT In October 2015, California became the first state in U.S. history to implement guidelines for transgender state prisoners to petition for gender- affirming and sex-reassignment surgeries. These guidelines raise the question why California would authorize gender-affirming surgeries for prisoners serving life-sentences, yet struggle to implement laws to make the same surgeries more accessible to law-abiding citizens. While the California Department of Corrections and Rehabilitation ("CDCR") likely implemented the radical SRS policy to abide by Eighth Amendment protections for transgender inmates suffering from severe gender dysphoria-inmates to whom SRS coverage is medically necessary and constitutionally required-this Note outlines four alternative justifications * Class of 2017, University of Southern California Gould School of Law, B.A. Political Science, University of Colorado at Boulder. This Note is dedicated to my client, Amelia, who shared her vulnerable and inspiring story of incarceration, transition, and hope. Amelia is fighting for freedom every day in a California male institution. Thank you to my mentor and Note supervisor, Heidi Rummel, whom champions juvenile justice at the Post-Conviction Justice Project. She has exemplified the values of a lawyer I hope to become. Dear thanks to my partner, Mifa, who continues to challenge me to approach the world with empathy and fight for social justice. Thank you to my parents, brother, and aunt who have supported me every step of the way and showed me the value of storytelling. -
Trans People, Transitioning, Mental Health, Life and Job Satisfaction
DISCUSSION PAPER SERIES IZA DP No. 12695 Trans People, Transitioning, Mental Health, Life and Job Satisfaction Nick Drydakis OCTOBER 2019 DISCUSSION PAPER SERIES IZA DP No. 12695 Trans People, Transitioning, Mental Health, Life and Job Satisfaction Nick Drydakis Anglia Ruskin University, University of Cambridge and IZA OCTOBER 2019 Any opinions expressed in this paper are those of the author(s) and not those of IZA. Research published in this series may include views on policy, but IZA takes no institutional policy positions. The IZA research network is committed to the IZA Guiding Principles of Research Integrity. The IZA Institute of Labor Economics is an independent economic research institute that conducts research in labor economics and offers evidence-based policy advice on labor market issues. Supported by the Deutsche Post Foundation, IZA runs the world’s largest network of economists, whose research aims to provide answers to the global labor market challenges of our time. Our key objective is to build bridges between academic research, policymakers and society. IZA Discussion Papers often represent preliminary work and are circulated to encourage discussion. Citation of such a paper should account for its provisional character. A revised version may be available directly from the author. ISSN: 2365-9793 IZA – Institute of Labor Economics Schaumburg-Lippe-Straße 5–9 Phone: +49-228-3894-0 53113 Bonn, Germany Email: [email protected] www.iza.org IZA DP No. 12695 OCTOBER 2019 ABSTRACT Trans People, Transitioning, Mental Health, Life and Job Satisfaction For trans people (i.e. people whose gender is not the same as the sex they were assigned at birth) evidence suggests that transitioning (i.e. -
The Paradox of Authenticity: the Depoliticization of Trans Identity
The Paradox of Authenticity: The Depoliticization of Trans Identity THESIS Presented in Partial Fulfillment of the Requirements for the Degree Master of Arts in the Graduate School of The Ohio State University By Meredith Cecilia Lee Graduate Program in Women's Studies The Ohio State University 2012 Master's Examination Committee: Professor Shannon Winnubst, Advisor Professor Mary Thomas Professor Jian Chen Copyright by Meredith Cecilia Lee 2012 Abstract The language of authenticity that valorizes the mind over the body is embedded in Cartesian dualism, which thereby inspires an entirely personal understanding of self- fulfillment. Within the trans community, this language depoliticizes trans issues by framing nonnormative gender presentation as a personal issue. This paper examines the relationship of Cartesian dualism to the paradoxes of authenticity in trans medico- scientific discourse. For example, to express authenticity and gain social recognition within the medical model of trans identity, an individual must articulate her/his desire within the normative language of the medical establishment; therefore, the quest for authenticity is already foreclosed through the structures of normalization. This paper argues that, while medical procedures typically normalize one’s body to “pass” as the other sex, these procedures are also necessary for many trans individuals to gain social recognition and live a bearable life. The notion that trans individuals are “trapped” in the wrong body has been the dominant paradigm since at least the 1950s. This paper argues that centering gender in the body constructs gender as ahistorical and thereby erases the political, economic, and cultural significance of trans oppression and struggle. This paper concludes that the systematic pathologization of nonnormative sex/gender identification has historically constituted the notion that gender trouble is indeed a personal problem that should be cured through medical science. -
Debating DSM 5 Zowie Davy Phd, Senior Lecturer in C
Commentary on the construction of Gender Dysphoria at Classifying Sex: Debating DSM 5 Zowie Davy PhD, Senior Lecturer in Community Care, University of Lincoln, UK. Context to the commentary On the American Psychiatric Association’s (APA) website the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM‐5), is promoted as the “most comprehensive, current, and critical resource for clinical practice available to today's mental health clinicians and researchers of all orientations” (American Psychiatric Association, 2012a). The manual is ‘comprehensive,’ indeed; it has grown in size since its first edition to over 900 pages in its current DSM 5 incarnation. We could argue as Farley, the former president of the American Psychological Association, does that the DSM authors are contributing to an increase in “the relentless production of disorders and pathologizing of normal extremes” (Gornall, 2013: no page no.) and the facilitating of mental illnesses. In response to the publication of the DSM‐5, a two‐day conference at the University of Cambridge took place: Classifying Sex: Debating DSM‐5, at which discussants debated the potential impact of the manual’s criteria for pathological, paraphilic and by default ‘normal’ sexualities, gender identities, and psychiatric practice. The delegates considered amongst many other topics the role of power and evidence, at least that is how I understood many of the contributions to the debate. The panel that I was invited to contribute to featured Kenneth Zucker (Chair of the Sexual and Gender Identity Disorders workgroup of DSM‐5) to whom I was to critically respond. In this reflective commentary I would like to focus on power and evidence because Zucker has previously described the DSM’s international influence as spreading from clinical care, clinical training to clinical research (Zucker, 2010b). -
Sex Reassignment Surgery Page 1 of 14
Sex Reassignment Surgery Page 1 of 14 Medical Policy An Independent licensee of the Blue Cross Blue Shield Association Title: Sex Reassignment Surgery PRE-DETERMINATION of services is not required, but is highly recommended. http://www.bcbsks.com/CustomerService/Forms/pdf/15-17_predeterm_request_frm.pdf Professional Institutional Original Effective Date: January 1, 2017 Original Effective Date: January 1, 2017 Revision Date(s): January 1, 2017; Revision Date(s): January 1, 2017; January 27, 2021; March 18, 2021 January 27, 2021; March 18, 2021 Current Effective Date: January 1, 2017 Current Effective Date: January 1, 2017 State and Federal mandates and health plan member contract language, including specific provisions/exclusions, take precedence over Medical Policy and must be considered first in determining eligibility for coverage. To verify a member's benefits, contact Blue Cross and Blue Shield of Kansas Customer Service. The BCBSKS Medical Policies contained herein are for informational purposes and apply only to members who have health insurance through BCBSKS or who are covered by a self-insured group plan administered by BCBSKS. Medical Policy for FEP members is subject to FEP medical policy which may differ from BCBSKS Medical Policy. The medical policies do not constitute medical advice or medical care. Treating health care providers are independent contractors and are neither employees nor agents of Blue Cross and Blue Shield of Kansas and are solely responsible for diagnosis, treatment and medical advice. If your patient is covered under a different Blue Cross and Blue Shield plan, please refer to the Medical Policies of that plan. DESCRIPTION Gender dysphoria involves a conflict between a person's physical or assigned gender and the gender with which he/she/they identify. -
Transgender Youth, the Non-Medicaid Reimbursable Policy, and Why the New York City Foster Care System Needs to Change
Transgender Youth, the Non-Medicaid Reimbursable Policy, and Why the New York City Foster Care System Needs to Change * Julie Anne Howe CONTENTS I. INTRODUCTION ........................................................................................... 2 II. TRANSGENDER YOUTH IN FOSTER CARE ....................................................... 4 A. TERMINOLOGY ................................................................................. 4 B. A HISTORY OF DISCRIMINatION AGAINST TRANSGENDER ...... YOUTH........................................................................................ 5 C. THE IMPORtaNCE OF MEDICAL NECESSITY .............................8 III. MARIAH L. V. ADMINISTRATION FOR CHILdren’s SERVICES ................ 12 IV. THE NON-MEDICAID REIMBURSABLE POLICY ............................................. 14 V. A FACIAL DUE PROCESS CHALLENGE TO THE POLICY’s VETO ClAUSE ................................................................................................................... 16 A. THE State’s DuTY TO YOUTH IN FOSTER CARE ................... 17 B. THE RIGHT TO PRIVACY ......................................................... 17 i. The Right’s Scope ..........................................................................18 ii. The Undue Burden Test .......................................................... 22 VI. AN AS-APPLIED EQUAL PROTECTION CHALLENGE TO THE POLICY .... 25 A. THE SEX DISCRIMINatION FRAMEWORK ............................... 25 B. DISCRIMINatORY INTENT ..................................................... -
Detransition, Retransition: What Providers Need to Know
Detransition, Retransition: What Providers Need to Know julie graham, MS, MFT Director, Gender Health SF San Francisco Department of Public Health Continuing Medical Education Disclosure . Program Faculty: julie graham, MS, MFT . Current Positions: Director, Gender Health SF, San Francisco Department of Public Health . Disclosure: No relevant financial relationships. It is the policy of The National LGBT Health Education Center, Fenway Health that all CME planning committee/faculty/authors/editors/staff disclose relationships with commercial entities upon nomination/invitation of participation. Disclosure documents are reviewed for potential conflicts of interest and, if identified, they are resolved prior to confirmation of participation. Only participants who have no conflict of interest or who agree to an identified resolution process prior to their participation were involved in this CME activity. 2 Agenda . Introductory remarks . How I learned about this topic . Contextualizing detransition and regret . Definitions, language and frames . What people say they need . Q and A Complexity . Listen to this talk in its entirety— . Don’t cherry pick . Clinical talk . My interest is helping you do a better job than I did with my first detransitioning patient . We need to tolerate increasing complexity as people experience a new landscape—one where surgeries are paid for, where there is a little bit more openness to exploration . Lack data we will have in the future, learning as we go Harriet Controversial . It is a fact that some people will die or have a terrible quality of life if they do not access every possible medical procedure to decrease their gender dysphoria. They experience pain and suffering from lack of access and poorly educated provider care. -
Rights of Transgender Adolescents to Sex Reassignment Treatment
THE DOCTOR WON'T SEE YOU NOW: RIGHTS OF TRANSGENDER ADOLESCENTS TO SEX REASSIGNMENT TREATMENT SONJA SHIELD* I. INTRODUCTION .................................................................................................... 362 H . DEFINITIO NS ........................................................................................................ 365 III. THE HARMS SUFFERED BY TRANSGENDER ADOLESCENTS CREATE A NEED FOR EARLY TRANSITION .................................................... 367 A. DISCRIMINATION AND HARASSMENT FACED BY TRANSGENDER YOUTH .............. 367 1. School-based violence and harassment............................................................. 368 2. Discriminationby parents and thefoster care system ....................................... 372 3. Homelessness, poverty, and criminalization...................................................... 375 B. PHYSICAL AND MENTAL EFFECTS OF DELAYED TRANSITION ............................... 378 1. Puberty and physical changes ........................................................................... 378 2. M ental health issues ........................................................................................... 382 IV. MEDICAL AND PSYCHIATRIC RESPONSES TO TRANSGENDER PEOPLE ........................................................................................ 385 A. GENDER IDENTITY DISORDER TREATMENT ........................................................... 386 B. FEARS OF POST-TREATMENT REGRET ................................................................... -
Gender Dysphoria Treatment – Community Plan Medical Policy
UnitedHealthcare® Community Plan Medical Policy Gender Dysphoria Treatment Policy Number: CS145.I Effective Date: March 1, 2021 Instructions for Use Table of Contents Page Related Community Plan Policies Application ..................................................................................... 1 • Blepharoplasty, Blepharoptosis, and Brow Ptosis Coverage Rationale ....................................................................... 1 Repair Definitions ...................................................................................... 3 • Botulinum Toxins A and B Applicable Codes .......................................................................... 4 • Cosmetic and Reconstructive Procedures Description of Services ................................................................. 8 • Gonadotropin Releasing Hormone Analogs Benefit Considerations .................................................................. 9 Clinical Evidence ........................................................................... 9 • Panniculectomy and Body Contouring Procedures U.S. Food and Drug Administration ........................................... 14 • Rhinoplasty and Other Nasal Surgeries References ................................................................................... 14 • Speech Language Pathology Services Policy History/Revision Information ........................................... 16 Commercial Policy Instructions for Use ..................................................................... 16 • Gender Dysphoria Treatment -
Summary of Clinical Evidence for Gender Reassignment Surgeries
SUMMARY OF CLINICAL EVIDENCE FOR GENDER REASSIGNMENT SURGERIES Outline Introduction, Background, and Terminology ................................................................................................ 2 Categories of Gender Reassignment Surgery ........................................................................................... 3 Summaries of Clinical Evidence for Gender Reassignment Surgeries ......................................................... 4 Surgeries for Female-to-Male (FTM) individuals..................................................................................... 4 Breast/Chest Surgery ........................................................................................................................ 4 Genital Surgeries ............................................................................................................................... 4 Surgeries for Male-to-Female (MTF) individuals..................................................................................... 5 Breast/Chest Surgery ........................................................................................................................ 5 Genital Surgeries ............................................................................................................................... 6 Other Surgeries ................................................................................................................................. 6 Bibliography ................................................................................................................................................ -
A Practitioner's Guide to California Transgender
A Practitioner’s Guide to California Transgender Law A Reference Guide for California Lawyers and Advocates Updated March 2010 Transgender Law Center 870 MARKET STREET, SUITE 400 SAN FRANCISCO, CA 94102 (415) 865-0176 (415) 777-5565 (FAX) WWW.TRANSGENDERLAWCENTER.ORG [email protected] ADVOCATING FOR OUR COMMUNITIES PUBLICATION OF THIS GUIDE MADE POSSIBLE BECAUSE OF GENEROUS SUPPORT FROM: THE ECHOING GREEN FOUNDATION THE HORIZONS FOUNDATION THE NATIONAL CENTER FOR LESBIAN RIGHTS THE VANLOBENSELS/REMBEROCK FOUNDATION California Transgender Law 101 Introduction This reference guide is designed to provide a broad overview of California laws affecting transgender people. If you have a question about these laws or other issues your clients are facing, please feel free to contact the Transgender Law Center. I. Identity Documents A. State of the law • California Driver’s License – a court order is required to change name using a form DL 44. Gender marker may be changed without a court order provided a doctor or psychologist completes a form DMV 329. People under the age of 18 will need parental support to apply unless person is an emancipated minor. (Attachment A – DL 329 and instructions; DL 44 is only available at DMV office or by mail) • Social Security Number – a court order is required to change name on a Social Security account. Gender marker may be changed with a letter from a surgeon stating that “sex reassignment surgery” has been completed. No guidance is given as to what type of surgery constitutes sex reassignment surgery. To make these changes, complete a Form SS-5 (Attachment B – Info from SSA website about change of name and gender; Form SS-5 and instructions) • Common Law Name Change – This method of changing a person’s name remains legally possible, however many organizations and agencies will not recognize it due to concerns about identity theft and immigration fraud.