Actualizing Health Care Equality for San Francisco's Transgender City and County Employees J
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Hastings Race and Poverty Law Journal Volume 5 Article 3 Number 1 Winter 2008 1-1-2008 Taking it to the Bank: Actualizing Health Care Equality for San Francisco's Transgender City and County Employees J. Denise Diskin Follow this and additional works at: https://repository.uchastings.edu/ hastings_race_poverty_law_journal Part of the Law and Race Commons Recommended Citation J. Denise Diskin, Taking it to the Bank: Actualizing Health Care Equality for San Francisco's Transgender City and County Employees, 5 Hastings Race & Poverty L.J. 129 (2008). Available at: https://repository.uchastings.edu/hastings_race_poverty_law_journal/vol5/iss1/3 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Race and Poverty Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Taking it to the Bank: Actualizing Health Care Equality for San Francisco's Transgender City and County Employees J. DENISE DISKIN 1 We are the city that has taught and insisted to the rest of the world that there should be equal benefits for equal work - we require that of private businesses that work with us - but we, the city, have not been living up to 2 our own standard.... Now, we're going to correct that. I. Introduction In February of 2007, news broke across the nation that Steve Stanton, City Manager of Largo, Florida, had been fired by a 5-2 vote of the city commissioners after his announcement that he planned to transition from male to female. Stanton had been employed as city manager for fourteen years, but city officials felt that after Stanton announced his plans to change genders, they had "lost confidence in his ability to lead." 3 In the majority of cities around the country, such a firing might only be cause for righteous indignation. In Largo, however, the vote was blatantly against the law as Largo is one of a growing number of cities in the United States that has a non-discrimination policy covering gender identity.4 1. Denise Diskin is a 2008 Juris Doctor candidate at University of California, Hastings College of the Law. 2. San Francisco City Supervisor Mark Leno, quoted in Rachel Gordon, S.F. Set to Add Sex Change Benefits, S.F. CHRON., Feb. 16, 2001, at 1A [hereinafter Gordon, Sex Change Benefits]. 3. Lorri Helfand, Largo Officials Vote to Dismiss Stanton, ST. PETERSBURG TIMES, Feb. 28, 2007, at Al. 4. Human Rights Campaign Workplace Project Database of Employers, http://www.hrc.org/issues/workplace/search-employers.asp (follow "Prohibit [129] HASTINGS RACE & POVERTY LAW JOURNAL [Vol. 5 Like Largo, San Francisco protects its city employees from discrimination based on their gender identity. Written into San Francisco's city laws are broad prohibitions against discrimination based upon several factors, including race, creed, religion, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability, AIDS or HIV status, weight, and height.5 However, those extensive protections have not come without the efforts of countless community activists and city residents who have worked to make the case for anti-discrimination measures, and who have held the city accountable for creating policies that are anti-discriminatory in both word and action. 6 In this note, I chart the decisions made by San Francisco's Health Service System Board ("HSSB") and the San Francisco City Board of Supervisors to provide transition-related health care coverage to its transgender 7 city and county employees. In taking this action, San Francisco became the first city to fully actuate its anti-discrimination measure by funding transition-related medical costs for its city employees. Such medical costs are typically not covered for patients who are undergoing procedures as part of a gender transition, though they are covered for non-transgender (also called cisgendered) patients, creating a significant financial barrier to health care for transgender discrimination based on gender identity" hyperlink; then follow "Go" hyperlink next to "City and County Governments") (last visited Oct. 18, 2007) [hereinafter Human Rights Campaign Database]. 5. S.F., CAL., ADMIN. CODE ch. 12B-C., (2000) available at http://www. municode. com/Resources/gateway.asp?pid=14131&sid=5. 6. See infra Part V. 7. "Transgender," as used here, refers broadly to people whose gender expression is nontraditional and/or whose gender identity is different than their birth gender. This term may include female or male cross dressers, drag queens or kings, masculine females, feminine males, or those who identify as genderqueer or who identify as neither male nor female. "Transgender" also encompasses the term "transsexual," which I use to refer to those who transition from one gender to the other with some degree of medical intervention. While many transsexuals consider themselves to be transgender, far fewer of those who identify as transgender identify specifically as transsexual. Individuals born biologically male who transition to become female may refer to themselves as male-to-female, or transgender women. Individuals born biologically female who transition to become male may refer to themselves as female-to- male, or transgender men. See generally SAN FRANCISCO HUMAN RIGHTS COMM'N, Compliance Guidelines to ProhibitGender Identity Discrimination(2003), http://www.sfgov. org/site/sfhumanrights-page.asp?id=6274; HUMAN RIGHTS CAMPAIGN, TRANSGENDER AMERICANS: A HANDBOOK FOR UNDERSTANDING 7-9 (Human Rights Campaign Fund 2007). Winter 20081 TAKING IT TO THE BANK employees. 8 While this decision has cost the city relatively little money and impacted a nearly statistically insignificant number of people,9 its greater implications for considering deprivation of health care a discriminatory issue are enormous. In this note, I first use San Francisco's health care coverage to discuss the intersectional marginalization of transgender communities, communities of color, and poor communities. Next, I analyze these communities' access to legal rights in connection with their access to medical care, using a great deal of the research on the needs and experiences of the San Francisco transgender community done by the Transgender Law Center and the National Center for Lesbian Rights. Finally, I discuss the organizing strategies employed by activists, so that this note may serve not only as an analysis of the impact of their efforts, but also a guide for activists wishing to replicate these movements in their own communities. In order to give the credit deserved to the work of the members of the Transgender Community Task Force, who worked on this issue for such a long time, it is imperative for me to note that because this movement to convince a public entity to negotiate with its insurance provider to obtain transition-related medical coverage was entirely the first of its kind, much of the reporting of the events at the time was obtained through personal interviews and journalistic accounting. A substantive history of this period of activism has not been recorded, and as a law student with limited resources, I was unable to perform all of the interviews that deserved to be included in this account. Many of the activists in this particular moment of San Francisco history have continued to work for the rights of marginalized communities, and have inspired the work of many up and coming transgender and ally activists as well so that San 8. Some of the medical procedures commonly undergone as a part of gender transition include hormone therapy (wherein patients take the hormones testosterone, estrogen, or progesterone in order to acquire some of the secondary sex characteristics of their desired sex), hysterectomy (removal of the uterus), oophorectomy (removal of the ovaries), mastectomy (removal of breast tissue), chest reconstruction (most often performed on transgender men; surgical reconstruction of skin and nipples to create a masculine-appearing upper torso), vaginoplasty (surgical creation of a vagina and female genitals), metoidioplasty or clitoral release (surgical creation of a phallus and sometimes testicles from pre-existing female genitalia and/or testicular implants), and phalloplasty (construction of a penis using grafts from other parts of the body and/or testicular implants). 9. See infra note 127. HASTINGS RACE & POVERTY LAW JOURNAL [Vol. 5 Francisco can become an ever-more-supportive community for all people. 10 II. The Problem of Obtaining Health Care in Transgender Communities A. Intersecting Health, Race, Class, and Gender in San Francisco It is tempting to view transgender people as members of a monolithic community, with common needs and oppression because of their gender identities; however this is in fact not the case. The U.S. and California Censuses do not collect data on whether people identify as transgender. Even if they did, the diversity of transgender identifications and communities, as well as a lack of social visibility and legitimacy would make it very difficult to obtain reliable data about gender, let alone other factors such as race or household income. It is reasonable to assume, however, that transgender people come from communities and backgrounds as varied as cisgendered people. That diversity of background and experience also means that the priorities and experiences of discrimination are very diverse, and layered with the myriad ways in which transgender people