FACTOID # 27: If you're itching to live in a trailer park, hitch up your home and head to South Carolina, where a whopping 18% of residences are mobile homes.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
 
WHAT'S NEW
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Legal aspects of transsexualism
Transgender
Androgyny · Bigender · Cross-dressing · Drag king · Drag queen · Genderqueer · Intersexuality · Questioning · Third gender · Transsexualism · Transvestism
Attitudes
LGBT history · Transphobia · Homosexuality and transgender · Gynephilia and androphilia
Legal issues
Legal aspects of transsexualism · Access to amenities
Lists
Transgender-related topics · LGBT films · People · Category
LGBT Portal
This box: view  talk  edit

Transsexual people are those who establish a permanent identity with the gender opposite to that which they were assigned at birth. As most legal jurisdictions have at least some recognition of the two traditional genders at the exclusion of other categories, this raises many legal issues and aspects of transsexualism. Most of these issues tend to be located in what is generally considered family law, especially the issue of marriage, but also things such as the ability of a transgendered person to benefit from a partner's insurance or social security. Image File history File links Broom_icon. ... A transgender woman at New York Citys gay pride parade Transgender (IPA: , from trans (Latin) and gender (English)) is a general term applied to a variety of individuals, behaviors, and groups involving tendencies that diverge from the normative gender role (woman or man) commonly, but not always, assigned at... Image File history File links Transgender_Pride_flag. ... For other uses, see Androgyny (disambiguation). ... Bigender (bi+gender) is a tendency to move between masculine and feminine gender-typed behaviour depending on context, expressing a distinctly male persona and a distinctly female persona. ... This articles is about cross-dressing in general, that is the act of wearing the clothing of another gender for any reason. ... A drag king performance troupe NYC Drag King Alliance Switch NPlay photo:Jenny Norris Drag kings are mostly female-bodied or -identified performance artists who dress in masculine drag and personify male gender stereotypes as part of their performance. ... A drag artist Lypsinka. ... Genderqueer or intergender is a gender identity of both, neither or some combination of man and/or woman. In relation to the gender binary (the view that there are only two genders), genderqueer people generally identify as more both/and or neither/nor, rather than either/or. ... Intersexuality is the state of a person whose sex chromosomes, genitalia and/or secondary sex characteristics are determined to be neither exclusively male nor female. ... Questioning is a term that can refer to a person who is questioning their gender identity, sexual identity or sexual orientation. ... Anna P., who lived for many years as a man in Germany, was photographed for Magnus Hirschfelds book Sexual Intermediates in 1922. ... For the electronic music EP by Mr. ... Transvestism is literally the practice of cross-dressing, wearing the clothing of the opposite sex, and transvestite literally refers to a person who cross-dresses. ... LGBT history refers to the history of lesbian, gay, bisexual, and transgender cultures around the world, dating back to the first recorded instances of same-sex love and sexuality within ancient civilizations. ... Manifestations Slavery · Racial profiling · Lynching Hate speech · Hate crime · Hate groups Genocide · Holocaust · Pogrom Ethnocide · Ethnic cleansing · Race war Religious persecution · Gay bashing Pedophobia · Ephebiphobia Movements Discriminatory Aryanism · Neo-Nazism · Supremacism Kahanism Anti-discriminatory Abolitionism · Civil rights LGBT rights Womens/Universal suffrage · Feminism Mens/Fathers rights · Masculinism Children... Homosexuality and transgender are two separate concepts. ... Gynephilia (or gynophilia) (From Greek gunē, women, + -philia, love) is the romantic and/or sexual attraction to adult females, and its counterpart androphilia (from Greek andro-, male, + -philia, love) is attraction to adult males. ... Transgender and Transexual people may face difficulty when trying to access amenities, such as toilets and change rooms, when presenting as their chosen gender // From Main Article: Toilet Sex-separated public toilets are often difficult to negotiate for transgendered or androgynous people, who are often subject to embarrassment, harassment, or... Transgender is a very complex topic, where consensual and precise definitions have not yet been reached. ... This is a list of lesbian, gay, bisexual or transgender-related films. ... A transsexual (sometimes transexual) person establishes a permanent identity with the opposite gender to their assigned (usually at birth) sex. ... Gender in common usage refers to the sexual distinction between male and female. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... Marriage is an interpersonal relationship with governmental, social, or religious recognition, usually intimate and sexual, and often created as a contract, or through civil process. ... Insurance, in law and economics, is a form of risk management primarily used to hedge against the risk of a contingent loss. ... Social security primarily refers to social welfare service concerned with social protection, or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. ...


The degree of legal recognition provided to transsexualism varies widely throughout the world. Many countries now extend legal recognition to sex reassignment by permitting a change of gender on the birth certificate. Many transsexual people have their bodies permanently changed by surgical means or semi-permanently changed by hormonal means (see Gender reassignment therapy). In many countries, some of these modifications are required for legal recognition. In a few, the legal aspects are directly tied to health care; i.e. the same bodies or doctors decide whether a person can go ahead, and the subsequent processes automatically incorporate both matters. Mary Elizabeth Winblad (1895-1987) birth certificate A birth certificate is a vital record that documents the birth of a child. ... Gender reassignment therapy is an umbrella term for all medical procedures regarding gender reassignment of both transgender and intersexual people. ...


The amount to which non-transsexual transgender people can benefit from the legal recognition given to transsexual people varies. In some countries, an explicit medical diagnosis of transsexualism is (at least formally) necessary. In others, a diagnosis of gender identity disorder, or simply the fact that one has established a different gender role, can be sufficient for some or all of the legal recognition available. A transgender woman at New York Citys gay pride parade Transgender (IPA: , from trans (Latin) and gender (English)) is a general term applied to a variety of individuals, behaviors, and groups involving tendencies that diverge from the normative gender role (woman or man) commonly, but not always, assigned at... Gender identity disorder, as identified by psychologists and physicians, is a condition in which a person has been assigned one gender, usually on the basis of their sex at birth (compare intersex disorders), but identifies as belonging to another gender, and feels significant discomfort or being unable to deal with...

Contents

Europe

Several countries in Europe give transsexual people the right to at least change their first name. Most also provide a way of changing birth certificates. Several European countries recognize the right of transsexuals to marry in their post-operative sex. France, Germany, Italy, the Netherlands, Portugal, Romania, Denmark, Finland, Sweden and the United Kingdom all recognize this right. For other uses, see Europe (disambiguation). ...


The situation is different in some eastern European countries. For instance, countries like the Czech Republic have laws governing sex change or, at least, give people the right to change their name and legal documents (Latvia). Other countries like Lithuania do not have any working legislation governing sex change.


Spain

Since June 2006, a new law in Spain allows transsexual people to modify their name and legal gender in all public documents and records on the basis of a personal request, regardless of whether they had genital reassignment surgery or not. However, medical (hormonal) treatment for at least two years is a prerequisite.


United Kingdom

Historically in the United Kingdom, transsexual people had succeeded in getting their birth certificates changed and marriages conducted. However, this was not legally tested until the case of Corbett v Corbett in 1970, where Arthur Corbett attempted to annul his marriage to April Ashley on the grounds that transsexuals were not recognised in English law. It was decided that, for the purposes of marriage, a post-operative transsexual was considered to be of the sex they had at birth. The case of Corbett v Corbett of February 1970 set a legal precedent regarding the status of transsexuals in the United Kingdom. ... Year 1970 ([[Rf 1970 == January 1 - The Unix epoch begins at 00:00:00 UTC January 2 - The last studio performance of The Beatles oman numerals|MCMLXX]]) was a common year starting on Thursday (link shows full calendar) of the Gregorian calendar. ... Captain Arthur Cameron Corbett, 3rd Baron Rowallan (December 17, 1919–1993) was a British aristocrat most notable for successfully having his second marriage annulled in 1970 by a court on the grounds that his wife, April Ashley, a transsexual woman, was not recognized as such under then_current UK law. ... ‎‎April Ashley (born George Jamieson on April 25, 1935) is an English model and restaurant hostess. ...


This set the precedent for the coming decades. People who thought they had existing valid marriages turned out not to - and the previous unofficial changing of birth certificates was stopped.


Transsexual people were able to change their names freely; to get passports and driving licenses altered; to have their National Insurance details changed; and so forth. A piece of legislation was also introduced to ban discrimination against transsexual people for employment. UK Income Tax and National Insurance (2005–2006) UK Income Tax and National Insurance as a % of Salary (2005–2006) National Insurance is a system of taxes, and related social security benefits, that has operated in the United Kingdom since its introduction in 1911, and wider extension by the government...


In the 1980s and 1990s the pressure group, Press for Change, helped people take several cases to the European Court of Human Rights about this. In Rees vs. United Kingdom, 1986, it was decided that the UK was not violating any human rights; but, that they should keep the situation under review. The UK government did nothing to look at the situation - and in 2002 in the case Goodwin vs. United Kingdom, it was decided that the rights to privacy and family life were being infringed. The 1980s refers to the years from 1980 to 1989. ... For the band, see 1990s (band). ... Press For Change (PFC) is a political lobbying and educational organisation, which campaigns to achieve equal civil rights and liberties for all trans people in the United Kingdom, through legislation and social change. ... European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by... Year 1986 (MCMLXXXVI) was a common year starting on Wednesday (link displays 1986 Gregorian calendar). ... Also see: 2002 (number). ...


In response to its obligation, Parliament passed the Gender Recognition Act 2004, which effectively granted full legal recognition for transsexual people. Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons Michael Martin MP Lord Speaker Hélène Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist Party Sinn Féin... The Gender Recognition Act 2004 is an Act of Parliament of the British Parliament which allows transsexual people to change their legal gender. ...


In contrast to systems elsewhere in the world, the Gender Recognition process will not require applicants to be post-operative. They need only demonstrate that they have suffered gender dysphoria, have lived in the 'acquired gender' for two years, and intend to continue doing so until death. Gender identity disorder as identified by psychologists and medical doctors is a condition where a person who has been assigned one gender (usually at birth on the basis of their sex, but compare intersexual) but identifies as belonging to another gender, or does not conform with the gender role their...


Medical treatment

It has been established by the courts that no National Health Service Health Authority has the right to deny treatment for gender dysphoria as a matter of policy. However, effective access to treatment varies wildly depending upon the policies of the individual Gender Identity Clinics — with some taking a more relaxed approach than others. Transsexual people frequently characterise some centres as arrogant and controlling. A minimum requirement of 24 months real life experience, before a surgical referral is permitted, is not uncommon; and many GICs will force patients to transition before they are allowed access to hormones. “NHS” redirects here. ... Gender identity disorder as identified by psychologists and medical doctors is a condition where a person who has been assigned one gender (usually at birth on the basis of their sex, but compare intersexual) but identifies as belonging to another gender, or does not conform with the gender role their... Real life experience (RLE), sometimes called real life test (RLT), is a process where transsexual and transgender people live in their preferred gender role for a while, in order to demonstrate that they can do so; and historically to gain permission for hormonal treatment and sex reassignment surgery. ... Transitioning is the process of ceasing to live in one gender role and starting to live in another, undertaken by transgender and transsexual people. ... Hormone replacement therapy (HRT) for transgender and transsexual people replaces the hormones naturally occurring in their bodies with those of the other sex. ...


A common alternative for the more well off is to seek private treatment; though most private health insurance plans specifically exclude it. Often, people will seek hormone therapy privately and then later seek surgery on the NHS; which, may prove troublesome because the NHS likes to be involved at all stages of the process.


Germany

The "Transsexuellengesetz"

Since 1980, Germany has a law that regulates the change of first names and legal gender. It is called "Gesetz über die Änderung der Vornamen und die Feststellung der Geschlechtszugehörigkeit in besonderen Fällen (de:Transsexuellengesetz - TSG)" (Law about the change of first name and determination of gender identity in special cases (Transsexual law - TSG)).


In Germany, as in many countries whose law is at least partly based on the Code Napoleon, the first name has to be gender-specific. One can either obtain a change of name alone, and proceed later with a change of legal gender, if possible or desired, or obtain both in a single procedure. The original Napoleonic Code, or Code Napoléon (originally called the Code civil des francais, or civil code of the French), was the French civil code, established at the behest of Napoléon. ...


For both, two official expert opinions have to be presented to a court stating that:

  • a medical diagnosis of transsexualism has been made,
  • the person has felt the need of living "according to their desires" for at least three years, and
  • it is "unlikely" that the "feeling of belonging to the other sex/gender" is going to change any more. (German does not differentiate between sex and gender).

The change of name can and almost certainly will be revoked if the person marries and then fathers or gives birth to a child that was conceived after the name change became valid.


For the change of legal gender, it is also required that

  • the person is unmarried,
  • permanently infertile, and
  • "has had surgery through which their outer sexual characteristics are changed to a significant approximation to the appearance of the other sex/gender".

Originally, the law stated that neither change of name nor legal gender were available for people under 25 years of age. This condition has been declared void by the courts, and today there is no minimum age.


The TSG applies only to German citizens; there are exceptions only for non-German citizens with very specific legal status, such as stateless people living legally in Germany. The word citizen may refer to: A person with a citizenship Citizen Watch Co. ...


Unless a person can show that they do not have the money to pay for the procedure, the applicant has to pay the costs for the procedure. The costs for the court itself are about 60-70 Euros, but the expert opinions can range in cost from 0 Euros to several thousand Euros – on average around 600 to 1200 Euros.


Several court decisions have further specified several matters. For example, a person with only a name change has the right to be called "Herr" or "Frau" (Mr. or Mrs.) according to their first name, not their legal gender; similarly, documents have to be issued reflecting the actual gender role, not legal gender. Job references, certifications and similar from the time before the change of name have to be reissued with the new name, so effectively there is no way for a new employer to learn about the change of name and/or gender. Also, people with only a name change do not have to divulge their legal gender to employers even if the gender of the employee usually matters in a particular job. (For example a medical assistant to a gynaecologist.)


Criticism of the "Transsexuellengesetz"

In the last couple of years, the TSG has come under intense criticism not only from the trans community, but also some medical caregivers. This criticism is directed against both the way the law is applied, especially concerning the way "expert opinions" are done, and the wording of the law itself.


Particularly the following parts of the TSG are criticised:

  • The mandatory diagnosis of transsexualism, instead of "gender identity disorder" or simply granting at least name changes on the basis of individual need.
  • The fact that (almost) only German citizens can obtain papers reflecting the gender role they live in, resulting in significant problems for people living in Germany who are not German citizens.
  • The need for "expert opinions", see below.
  • The proceedings can take a very long time, especially because of the time that is often needed for the expert opinions, but also because courts are often overloaded. Half a year is a rather fast decision, one year or more is not unusual.
  • People who have only changed their name have a questionable legal status. While most of the time this is perfectly sufficient, there are several problems in specific situations. A person with only a name change ...
    • who is in hospital or prison has no right to be accommodated according to the gender role they live in, but can be housed according to their legal gender;
    • can enter a registered partnership with a person of the same legal gender (since 2001), but can not marry or enter any kind of legally secured partnership with a person of the opposite legal gender;
    • risks their name change when fathering or giving birth to a child.
  • The conditions for a change of legal gender are often considered too high:
    • The requirement to be unmarried means that people who are married and wish to remain so can not obtain a change of legal gender. (How a legal change of gender would affect a registered partnership is currently unknown, since registered partnerships only became available since 2001.)
    • The requirement to be "permanently infertile" is seen as interfering with the right to physical integrity, especially since a simple sterilization is usually not seen as sufficient, but castration is required instead.
    • The requirement for surgery, which is interpreted essentially as a requirement for genital reassignment surgery, is seen as interfering with the right to physical integrity. This is always applied to transwomen, and transmen are only currently exempt because the results are seen as unacceptable. This exemption is regularly challenged by judges.

As has already been mentioned, the "expert opinions" can be very expensive. Some "experts" wish to test everything they can think of, including intelligence and/or every psychiatric disorder they can think of. Also, the sexual history of the clients is of particular interest to some. This results in assessments which are lengthy (several months are not unusual), costly and humiliating. For the town in the Republic of Ireland, see Hospital, County Limerick. ... For the process of removing or killing all microorganisms from an object, see Sterilization (microbiology). ... Castration (also referred as: gelding, neutering, orchiectomy, orchidectomy, and oophorectomy) is any action, surgical, chemical, or otherwise, by which a male loses the functions of the testes or a female loses the functions of the ovaries. ... Transwomen or trans women are transsexual or transgendered people who were assigned male sex at birth (or, in some cases of intersexuality, later) and feel that this is not an accurate or complete description of themselves. ... Transmen or trans men are transsexual or transgendered people who were assigned female gender at birth (or, in some rare cases of intersexuality, later) and who feel that this is not an accurate or complete description of themselves. ... Intelligence is the mental capacity to reason, plan, solve problems, think abstractly, comprehend ideas and language, and learn. ... The Scream, the famous painting commonly thought of as depicting the experience of mental illness. ...


Many "experts" also consider only those people as transsexual who live in a gender role that the expert considers "appropriate" -- resulting in problems for example for transwomen who sometimes do not wear skirts or transmen with hair that is considered "too long". Especially lesbian transwomen and gay transmen suffer from problems with these "experts". Transwomen or trans women are transsexual or transgendered people who were assigned male sex at birth (or, in some cases of intersexuality, later) and feel that this is not an accurate or complete description of themselves. ... Transmen or trans men are transsexual or transgendered people who were assigned female gender at birth (or, in some rare cases of intersexuality, later) and who feel that this is not an accurate or complete description of themselves. ...


Since the courts usually impose the "experts" on the applicants (which is legally at least questionable) there is no way to escape these often expensive, lengthy and humiliating assessments. Not every expert who is asked for an expert opinion however will work according such questionable "guidelines". Since there are many regional differences, there is a certain amount of "trans-tourism"; people (at least officially) moving to the circuit of courts who are known to appoint "liberal" or "reasonable" experts. However, the general problems with "expert opinions" have led to demands to abandon these completely or at least to lower the required number to one and to lower the formal requirement for it. Many of this criticism applies also to "expert opinions", "letters of recommendation" or similar papers regarding medical procedures. The same problems with "experts" are also experienced in all other countries.


Legal aspects of medical treatment

Based on several court decisions, some dating back to the late 1970s, medical treatment of transsexualism (and in fact all gender identity disorders) has to be paid by health insurance, which is mandatory in Germany. Like all treatments that have to be paid for by health insurance, "medical necessity" has to be shown in each particular case. In some cases, this can lead to lengthy procedures, although this is not always the case. However, the less "medical necessity" can be shown, the more difficult it gets to get coverage. This is particularly true for surgeries like Facial Feminization Surgery, but also occasionally for more basic matters as the construction of a neo-clitoris. The 1970s decade refers to the years from 1970 to 1979, also called The Seventies. ... Medical necessity is generally considered that which is reasonable, necessary, and/or appropriate based on evidence-based clinical standards of care. ... Facial feminization surgery (FFS) refers to surgical procedures that alter the human face to increase its femininity. ...


The regulation of coverage of medical costs is formally completely unrelated to the TSG; in practice, there can be overlaps, for example with expert opinions.


Lithuania

In Lithuania, it is not possible for transsexual people to change gender-related records. Even the ability to change names is limited: it is possible to change from a gender-specific name to a gender-neutral name, but only for unmarried people. Although the basic right to change sex is described in Lithuanian civil code article 2.27, this article is not considered in force because no specific law governing sex change exists. [citation needed]


Romania

In Romania, it is legal for transgender people to change their first name to reflect their gender, based on personal choice. Since 1996, it is also possible for someone who has gone through gender reassignment surgery to change their legal gender in order to reflect their new (post-operative) biological sex. Transsexuals then have the right to marry in their post-operative sex.[1] Sex reassignment surgery (SRS) includes the surgical procedures by which a persons physical appearance and function of their existing sexual characteristics are changed to that of the other sex. ...


Netherlands

In the Netherlands one can go to court and request a change in gender and birth name on ones birth certificate. With this modification the records of the local municipality are updated, and one can obtain a passport and driver's license with the new name and gender. Moreover, a child can then request an update of the gender indication of their parents to allow a change to their records.


Ireland

In the Republic of Ireland, it is not possible for a transsexual person to alter their birth certificate. A case was taken in the High Court by Dr. Lydia Foy in 2002 which saw her case being turned down as a birth certificate was deemed to be an historical document[2]. It is currently possible for anyone to undertake a change of name either through common usage or through a deed of change of name. Dr. Foy has taken new proceedings to the High Court relying on the decisions of the European Court of Human Rights in the Goodwin and 'I' cases. Her application was heard between 17 and 26 April 2007 and judgment was reserved. Judgment was given in the High Court on 19th October 2007. The Judge held that the Irish state had failed to respect Dr. Foy's rights under Article 8 of the European Convention on Human Rights by not providing any mechanism for her to obtain a new birth certificate in her female gender. He indicated that he would grant a declaration that Irish law in this area was incompatible with the Convention. The written judgment is not yet available and the case has been adjourned for three weeks when the Judge will finalise the Order. This will be the first declaration of incompatibility under an Irish law passed in 2003. A Deed of Change of Name is a legal document which enables a single person or a family to officially change his, her or their name and is bound to that contract. ...


In Northern Ireland, the Gender Recognition Act 2004 of the United Kingdom applies, so a name and gender change on one's birth certificate is now possible. Northern Ireland (Irish: , Ulster Scots: Norlin Airlann) is a constituent country of the United Kingdom lying in the northeast of the island of Ireland, covering 5,459 square miles (14,139 km², about a sixth of the islands total area). ... The Gender Recognition Act 2004 is an Act of Parliament of the British Parliament which allows transsexual people to change their legal gender. ...


Africa

South Africa

South African courts have accepted the Corbett decision, but New Zealand courts, and more recently an Australian court (see Re Kevin - validity of marriage of transsexual), have rejected it. Some Canadian courts have also accepted the decision, though the law in question appears to vary from province to province. Kevin and the validity of marriage is a case related to Kevin, a transsexual man and his subsequent marriage in Australia. ...


North America

United States

The United States law on this issue varies from state to state, since the issuance of birth certificates and the recognition of marriages are largely state matters. Several courts have come to the conclusion that sex reassignments are not to be recognized for the purpose of marriage, including courts in Florida, Ohio, Texas and New York.[3] Other courts (including courts in Kansas and New Jersey) have recognized the reassignments. Most (almost all) U.S. states permit the name and sex to be changed on a birth certificate, either through amending the existing birth certificate or by issuing a new one. Only Idaho, Ohio and Tennessee refuse to permit a change of sex. Like other states, California will amend birth certificates only for California natives currently living in California. However, unlike other states, postoperative residents of California born outside California may obtain a court-ordered change of name and gender. Moreover, on August 2, 2003, California joined Minnesota, Rhode Island and New Mexico (as well as New York City) in expanding legal protection from discrimination to include gender identity or expression, which may aid transsexuals in future cases in these jurisdictions. Image File history File links WikiNews-Logo. ... Wikinews is a free-content news source and a project of the Wikimedia Foundation. ... Official language(s) English Capital Tallahassee Largest city Jacksonville Largest metro area Miami metropolitan area Area  Ranked 22nd  - Total 65,795[1] sq mi (170,304[1] km²)  - Width 361 miles (582 km)  - Length 447 miles (721 km)  - % water 17. ... Official language(s) English de facto Capital Columbus Largest city Columbus Largest metro area Greater Cleveland Area  Ranked 34th  - Total 44,825 sq mi (116,096 km²)  - Width 220 miles (355 km)  - Length 220 miles (355 km)  - % water 8. ... Official language(s) No official language See languages of Texas Capital Austin Largest city Houston Largest metro area Dallas–Fort Worth–Arlington Area  Ranked 2nd  - Total 261,797 sq mi (678,051 km²)  - Width 773 miles (1,244 km)  - Length 790 miles (1,270 km)  - % water 2. ... This article is about the state. ... Official language(s) English[2] Capital Topeka Largest city Wichita Area  Ranked 15th  - Total 82,277 sq mi (213,096 km²)  - Width 211 miles (340 km)  - Length 417 miles (645 km)  - % water 0. ... This article is about the U.S. state. ... Official language(s) English [1] Capital Boise Largest city Boise Largest metro area Boise metropolitan area Area  Ranked 14th  - Total 83,642 sq mi (216,632 km²)  - Width 305 miles (491 km)  - Length 479 miles (771 km)  - % water 0. ... Official language(s) English de facto Capital Columbus Largest city Columbus Largest metro area Greater Cleveland Area  Ranked 34th  - Total 44,825 sq mi (116,096 km²)  - Width 220 miles (355 km)  - Length 220 miles (355 km)  - % water 8. ... Official language(s) English Capital Nashville Largest city Memphis Largest metro area Nashville Metropolitan Area Area  Ranked 36th  - Total 42,169 sq mi (109,247 km²)  - Width 120 miles (195 km)  - Length 440 miles (710 km)  - % water 2. ... Official language(s) English Capital Sacramento Largest city Los Angeles Largest metro area Greater Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ... is the 214th day of the year (215th in leap years) in the Gregorian calendar. ... Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... Capital Saint Paul Largest city Minneapolis Area  Ranked 12th  - Total 87,014 sq mi (225,365 km²)  - Width 250 miles (400 km)  - Length 400 miles (645 km)  - % water 8. ... This article is about the U.S. State. ... Capital Santa Fe Largest city Albuquerque Largest metro area Albuquerque metropolitan area Area  Ranked 5th  - Total 121,665 sq mi (315,194 km²)  - Width 342 miles (550 km)  - Length 370 miles (595 km)  - % water 0. ... New York, New York and NYC redirect here. ...


In January 2006, Washington state signed HB 2661 into law. This bill extended human rights protections to cover sexual orientation, which was at the same time defined to include "gender expression or identity".[4] As of October 2007, there were 106 jurisdictions in the U.S. that included gender identity in their non discrimination laws, including 13 states.[5] January 2006 : ← - January - February - March - April - May - June - July - August - September - October - November - December- → Iranian President Mahmoud Ahmadinejad accuses European nations of trying to complete the Holocaust by creating a Jewish camp Israel in the Middle East. ... For the capital city of the United States, see Washington, D.C.. For other uses, see Washington (disambiguation). ...


U.S. cases

Transsexualism

The first case to consider transsexualism in the U.S. was Mtr. of Anonymous v. Weiner, 50 Misc. 2d 380, 270 N.Y.S.2d 319 (1966), in which a post-operative transsexual sought from New York City a change of their name and sex on their birth certificate. The New York City Health Department refused to grant the request. The person took the case to court, but the court ruled that granting of the request was not permitted by the New York City and New Jersey M Health Code, which only permitted a change of sex on the birth certificate if an error was made recording it at birth. In the case of Matter of Anonymous, 57 Misc. 2d 813, 293 N.Y.S.2d 834 (1968), a similar request was also denied. However, in that case, and in the case of Matter of Anonymous, 64 Misc. 2d 309, 314 N.Y.S.2d 668 (1970), a request was granted for a change of name. The decision of the court in Weiner was again affirmed in Mtr. of Hartin v. Dir. of Bur. of Recs., 75 Misc. 2d 229, 232, 347 N.Y.S.2d 515 (1973) and Anonymous v. Mellon, 91 Misc. 2d 375, 383, 398 N.Y.S.2d 99 (1977). However, despite this, there can be noted as time progressed an increasing support expressed in judgements by New York courts for permitting changes in birth certificates, even though they still held to do so would require legislative action.


Another important case was Darnell v. Lloyd, 395 F. Supp. 1210 (D. Conn. 1975), where the court found that substantial state interest must be demonstrated to justify refusing to grant a change in sex recorded on a birth certificate.


The first case in the United States which found that post-operative transsexuals could marry in their post-operative sex was the New Jersey case M.T. v. J.T., 140 N.J. Super. 77, 355 A.2d 204, cert. denied 71 N.J. 345 (1976). Here the court expressly considered the English Corbett v. Corbett decision, but rejected its reasoning.


In K. v. Health Division, 277 Or. 371, 560 P.2d 1070 (1977), the Oregon Supreme Court rejected an application for a change of name or sex on the birth certificate of a post-operative transsexual, on the grounds that there was no legislative authority for such a change to be made.


In re Jose Mauricio LOVO-Lara, 23 I&N Dec. 746 (BIA 2005), http://www.usdoj.gov/eoir/vll/intdec/vol23/3512%20.pdf the (Federal) US Dept. of Justice, Board of Immigration Appeals ruled that for purposes of an immigration visa - A marriage between a postoperative transsexual and a person of the opposite sex may be the basis for benefits under ..., where the State in which the marriage occurred recognizes the change in sex of the postoperative transsexual and considers the marriage a valid heterosexual marriage.


Discrimination

The courts consistently refused to expand protection against sex discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17 (2000) to the transgendered. On October 16, 1976, a Supreme Court rejected plaintiff's appeal in sex discrimination case involving termination from teaching job after sex-change operation from a New Jersey school system. [6] In Ulane v. Eastern Airlines Inc. 742 F.2d 1081 (7th Cir. 1984) a pilot who was born a biological male, underwent sex reassignment surgery to become a female. The Seventh Circuit denied Title VII sex discrimination protection by narrowly interpreting "sex" discrimination as discrimination “against women". The case of Price Waterhouse v. Hopkins 490 U.S. 228 (1989), however, was relied upon to expand the protection of Title VII by prohibiting gender discrimination, which includes sex stereotyping. In that case, a woman who was discriminated against by her employer for being too “masculine" was granted Title VII relief. A gender stereotype is an assumption about how a person should dress and act which could encompass a significant range of transgender behaviour. Unfortunately, this potentially significant improvement in the law was not acted upon until Smith v. City of Salem 378 F.3d 566, 568 (6th Cir. 2004). Smith, a male to female transsexual, had been employed as a lieutenant in the fire department without incident for seven years. After doctors diagnosed Smith with Gender Identity Disorder (“GID”), she began to experience harassment and retaliation following complaint. She filed Title VII claims of sex discrimination and retaliation, equal protection and due process claims under 42 U.S.C. § 1983, and state law claims of invasion of privacy and civil conspiracy. On appeal, the Price Waterhouse precedent was applied at p574: “[i]t follows that employers who discriminate against men because they do wear dresses and makeup, or otherwise act femininely, are also engaging in sex discrimination, because the discrimination would not occur but for the victim’s sex.” Chow (2005 at p214) comments that the Sixth Circuit’s holding and reasoning represents a significant victory for transgendered people. By reiterating that discrimination based on both sex and gender expression is forbidden under Title VII, the court steers transgendered jurisprudence in a more expansive direction. But dress codes, which frequently have separate rules based solely on gender, continue. Carroll v. Talman Fed. Savs. & Loan Association, 604 F.2d 1028, 1032 (7th Cir.) 1979, has not been overruled. “So long as [dress codes] and some justification in commonly accepted social norms and are reasonably related to the employer’s business needs, such regulations are not necessarily violations of Title VII even though the standards prescribed differ somewhat for men and women.” It should also be noted that following Oncale v. Sundowner Offshore Services, Inc. 523 U.S. 75 (1998), same-sex sexual harassment is actionable under Title VII.[7]. It has been suggested that this article or section be merged into Sexism. ... President Johnson signs the Civil Rights Act of 1964. ...


Canada

Main article: Changing legal gender assignment in Canada The following is a list of procedures for changing ones legal gender assignment in Canadas provinces and territories. ...


The situation in Canada varies depending upon which province you are in. It is possible to gain recognition in each of them, but with varying requirements.


Asia

Singapore

Singapore has also recently recognized the right of transsexuals to marry in their reassigned sex.


Japan

In July 2003, the parliament of Japan unanimously approved a new law that enables transsexual people to change their legal sexes. The law, effective in 2004, however, has controversial conditions which demand the applicants be both unmarried and childless. On 28 July 2004, Naha Family Court, Okinawa Prefecture, allowed an official sex-change of a transsexual woman, generally thought as the first court approval under the new law. is the 209th day of the year (210th in leap years) in the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...


In May of 2005, the Tokyo Metropolitan Government's Transport Authority announced that transsexual people and those "suffering from a gender disorder" will be permitted to ride in designated women-only carriages on its subway lines [2].


South Korea

In South Korea, it is possible for a transgender individual to change their legal gender, but it depends on the decision of the judge for each case, although since the 1990s, sex change has been approved in most of the cases. The legal system in Korea does not prevent marriage once a person has changed their legal sex.


In 2006, the Supreme Court of Korea ruled that transsexuals have the right to have their legal papers altered to reflect their reassigned sex. It means that a male-to-female transgender can be registered not only as a female but only as 'born as a woman'. [8] Harisu, a famous male-to-female transsexual singer, who is now legally a woman, is reported to be marrying her current boyfriend, Micky Jung in 2007.[9] Lee Kyung-eun (popularly known as Harisu, in Korean hangul: 하리수, hanja: 河莉秀) (born 17 February 1975) is a singer, model and actress from South Korea. ...


One peculiar paradox in the Korean legal system is that, while the gay marriage is not approved by the law, a male-to-female transgender obtains the legal status of woman automatically when she marries to a man even if she is still a male on papers.


Malaysia

There is no legislation expressly allowing transexuals to legally change their gender in Malaysia. The relevant legislations are the Births and Deaths Registration Act 1957 and National Registration Act 1959. Therefore judges currently exercise their discretion in interpreting the law and defining the gender. There are conflicting decisions on this matter. There is a case in 2003 where the court allowed a transexual to change her gender indicated in the identity card, and granted a declaration that she is a female.[10][11] However, in 2005, in another case, the court refused to amend the gender of a transexual in the identity card and birth certificate.[10] Both cases applied the United Kingdom case of Corbett v Corbett in defining the gender. // German identity card with a KINEGRAM®. A piece of identification (ID) is a document designed to verify aspects of a persons identity. ... Mary Elizabeth Winblad (1895-1987) birth certificate A birth certificate is a vital record that documents the birth of a child. ... The case of Corbett v Corbett of February 1970 set a legal precedent regarding the status of transsexuals in the United Kingdom. ...


Australia

Birth Certificates

Estelle Asmodelle was Australia's first legal transsexual with the Births, Deaths and Marriages Dept. (NSW Government). As cited by (18th June 1987 - Australian Telegraph Newspaper.) This was the first time in Australian law history that an adult transsexual was permitted to change their birth certificate to a different sex and soon afterwards the passport law also changed allowing transsexuals to be issued passports with the new sex depicted. Estelle Asmodelle Estelle Asmodelle (born April 22, 1964), previously commonly known as Estelle Maria Croot, is an Australian model, belly dancer, writer and actress. ... Estelle Asmodelle Estelle Asmodelle (born April 22, 1964), previously commonly known as Estelle Maria Croot, is an Australian model, belly dancer, writer and actress. ...


Australia is now one of only a few countries where legal status of the new sex following sex affirmation surgery is granted via a new full birth certificate. Birth certificates are within the jurisdiction of the states, whereas marriage and passports are matters for the Commonwealth. All Australian jurisdictions now recognise the affirmed sex of an individual after surgery.


Marriage

Wikisource has the complete text of:

Re Kevin - validity of marriage of transsexual ([2001] FamCA 1074) is a groundbreaking judgment of the Family Court of Australia, concerning the right of transsexuals to marry. Kevin (not his birth name), a post-operative female-to-male transsexual, married Jennifer (not her birth name). Kevin had undergone hormonal treatment and sex affirmation surgeries. His sex indicator had been changed on his birth certificate and other legal documentation. The question faced by the court was whether Kevin was a man for the purposes of family law in Australia. English law had decided, in the case of Corbett v Corbett (1971), that sex reassignment would not be recognized for purposes of marriage. Justice Richard Chisholm (the judge in this case) found fault with the logic of this decision and held it did not bind Australian law. Image File history File links Wikisource-logo. ... The original Wikisource logo. ... Kevin and the validity of marriage is a case related to Kevin, a transsexual man and his subsequent marriage in Australia. ... It has been suggested that Australian family law be merged into this article or section. ... The case of Corbett v Corbett of February 1970 set a legal precedent regarding the status of transsexuals in the United Kingdom. ...


Justice Chisholm stated that, to determine a person's sex for the purpose of the law of marriage, all relevant matters need to be considered, including: the person's biological and physical characteristics at birth (including gonads, genitals and chromosomes); the person's life experiences, including the sex in which he or she is brought up and the person's attitude to it; the person's self-perception as a man or woman; the extent to which the person has functioned in society as a man or a woman; any hormonal, surgical or other medical sex reassignment treatments the person has undergone, and the consequences of such treatment; and the person's biological, psychological and physical characteristics at the time of the marriage, including (if they can be identified) any biological features of the person's brain that are associated with a particular sex.


His Honour stated that it is clear from the Australian authorities that post-operative transsexuals will normally be members of their reassigned sex. Holding that the sex of a person for the purposes of marriage is their sex at the time of the marriage, he found Kevin to be a man within the ordinary, contemporaneous meaning of the word and declared his marriage was therefore valid. The Attorney-General appealed.


The Full Court of the Family Court, upholding the decision at first instance [3], determined that the reasoning of the Family Division of the UK High Court in W v W, an intersex marriage case, [4] was a correct statement of the law in Australia and that people with transsexualism, like others with intersex conditions, should be able to choose their sex, affirm it and marry as a member of that sex.


Passports

Until recently, transsexual people in Australia were able to be issued an interim passport with their self-identified gender stated upon it, in order to travel overseas for SRS. However, a recent "clarification" by the Minister for foreign affairs and Trade, Mr. Alexander Downer, stated that a person may not have a new passport or interim passport issued without a birth certificate stating their gender. instead they may be issued a "Document of Identity" SRS may stand for: In science: Synchrotron Radiation Source, Daresbury Laboratory - a facility that uses synchrotron radiation for research purposes Simple random sampling - a sampling method in which a group of subjects is chosen from a larger group randomly and entirely by chance, such that each subject has the same... This article needs copyediting (checking for proper English spelling, grammar, usage, etc. ...


A department of Foreign Affairs spokesperson has said; "The department has an obligation to ensure that the national passport reflects the official identity of the bearer and it would be inconsistent ... to continue to issue passports, albeit limited in validity, to persons in a sex other than that shown in the records held by the ... births, deaths and marriages registrar,"[12]


Due to the interpretation of the Commonwealth Marriage Act 1961, Birth certificates are not able to be changed where the person is currently married. In the case of homosexual-identified transpeople, to obtain a divorce would require them to perjure themselves by stating that their relationship was irretrievably broken. Due to the aforementioned "clarification" Such people are also unable to be issued a passport, even if they previously obtained an interim passport in order to have SRS.


Grace Abrams appealed the minister's rejection of her application for a permanent passport. Her application with the administrative appeals tribunal was upheald, stating that she was able to validate her identity as a female person, and that her inability to present a female birth certificate due to state legislation was not valid grounds for rejecting her application[[5]]


This, however, gives rise to the event that Mrs. Abrams is a legally identified woman in a legally recognised marriage with another legal woman [[6]]


External links

  • Transgender Law Center - California civil rights organization advocating for transgender communities through direct legal service, public policy advocacy, and educational opportunities
  • Links to Online forms for California Change of Name and Gender
  • Trans Gender Title and Name Change Information and Advice on Trans Gender Title and Name Changes in the United Kingdom
  • Press for Change - UK information about the trans rights campaign and details about the legal, medical, political, and social issues surrounding transgender people
  • Sylvia Rivera Law Project - US based cooperative organization founded on the understanding that gender self-determination is intertwined with racial, social, and economic justice
  • Gender Public Advocacy Coalition - US advocacy group working to end discrimination and violence caused by gender stereotypes by changing public attitudes, educating elected officials, and expanding human rights
  • National Center for Transgender Equality - US group dedicated to advancing the equality of transgender people through advocacy, collaboration and empowerment.
  • Transgender Law and Policy Institute -- US information about laws and policy surrounding gender identity and gender expression.
  • Instructions for changing name and sex on birth certificate - State-by-state instructions for US and Canada
  • [7] - Australian WOMAN Network provides support and advocacy for people who are surgically affirming or have affirmed a sex opposite that assigned to them at birth

References

Chow, Melinda. (2005). "Smith v. City of Salem: Transgendered Jurisprudence and an Expanding Meaning of Sex Discrimination under Title VII". Harvard Journal of Law & Gender. Vol. 28. Winter. 207.


Transgender Rights. (2006). Edited by Paisley Currah, Richard M. Juang and Shannon Price Minter. Minneapolis: University of Minnesota Press. [[8]]


Notes

  1. ^ Legal Survey of LGBT Rights Worldwide, PDF file
  2. ^ http://archives.tcm.ie/carlownationalist/2002/07/22/story2387.asp Lydia Foy vs. An t-Ard Chlaraitheoir (Registrar General)
  3. ^ Grenberg, Julie (2006), "The Roads Less Travelled: The Problem with Binary Sex Categories", in Currah, Paisley; Juang, Richard & Minter, Minter, Transgender Rights, Minneapolis: Minnesota University Press, pp. 51-73, ISBN 0-8166-4312-1.
  4. ^ HB 2661 - 2005-06: Expanding the jurisdiction of the human rights commission
  5. ^ Transgender Law and Policy Institute, "Non-Discrimination Laws that include gender identity and expression"
  6. ^ http://openweb.tvnews.vanderbilt.edu/1976-10/1976-10-18-NBC-11.html
  7. ^ Minter, Shannon (2003). Representing Transsexual Clients: Selected Legal Issues (HTML). National Center for Lesbian Rights. Retrieved on October 3, 2007.
  8. ^ Korea To Correct Identity Papers Of Transsexuals - 365gay.com
  9. ^ Article re. Harisu (Korean)
  10. ^ a b "JeffreyJessie: Recognising Transexuals", The Malaysian Bar. Accessed August 21, 2007.
  11. ^ J.G v. Pengarah Jabatan Pendaftaran Negara
  12. ^ Natalie Imbruglia's sex change cousin in passport row, Sydney Morning Herald, [1]

Logo is an American digital cable television channel owned by Viacoms MTV Networks division. ...

See also

  • List of transgender-related topics

  Results from FactBites:
 
Legal aspects of transsexualism - Wikipedia, the free encyclopedia (3953 words)
Transsexual people are those who establish a permanent identity with the opposite gender to their birth Gender.
However, this was not legally tested until the case of Corbett v Corbett in 1970, where Arthur Corbett attempted to annul his marriage to April Ashley on the grounds that transsexuals were not recognised in English law.
Transsexual people were able to change their names freely; to get passports and driving licenses altered, to have their National Insurance details changed, and so forth.
TG as a factor in Child Custody (3125 words)
Legal Recognition of Transsexualism Tom is lucky that he was born, and resides, in Michi- gan.
Transsexualism is a medically recognized fact.[104] As the availability and awareness of treatment becomes more widespread, the issue of transsexual parents will occur more and more frequently in our courts.
A "true transsexual" is driven to have his (or her, see n.16 infra) body, appearance and social status altered to reflect the sex he perceives himself to be.
  More results at FactBites »

 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m