Illinois: No sex change for you!

[Hypatia]

Illinois: No sex change for you!
― Tracy Clark-Flory

Two women who recently underwent sex reassignment surgery are suing the state of Illinois for refusing to reissue their birth certificates. The battle over a single letter, "M" or "F," on official documents is a familiar one for trans-activists, but it has only recently become an issue in Illinois. For more than four decades, the state's Department of Vital Records allowed for sex changes on birth certificates, but five years ago a policy change limited recognition to sex reassignments performed by a surgeon licensed in the United States.

[Sandy]

I think this is great!

This has also been posted as a news item from the ACLU website.  As a resident of Illinois (pul-eeze no Blago jokes!) I never could figure out the reasoning for requiring a US licensed surgeon to perform the surgery.  For a while after this new requirement went into force, no one could go to Montreal for surgery and have their documents changed.

To my mind, there is no call for it other than to force trans people from Il to spend the money in the US.

I know, it could be worse.

I could have been born in Ohio.

-Sandy

[Julie Marie]

This whole business could have easily been resolved by saying a post-op person would have to be examined by a doctor licensed in the US to determine if the surgery had been performed.  But these people who pass these laws don't think past the period at the end of a sentence. 

It could get a little sticky though.  One of the girls went to the state before surgery and was told the law.  She went ahead and had the surgery overseas anyway.  I'm not supporting the law, just anticipating the response from the state.  They've already used the 'that's the law' excuse.

Julie

[Purple Pimp]

This title makes me wonder if Illinois is not, in fact, the "sex change Nazi."

And you thought it was difficult to get your soup... 

Lia

[SusanK]

I know, it could be worse. I could have been born in Ohio.

Or Tennessee. It's been awhile since I read it, but I understand some states which impose this US-only surgeon allows Canadian surgeons to file for certification as a US-qualified surgeon. I remember reading Dr. Brassard did this for some states (WI?) to ensure a client base.

It's funny I don't see any changes in the law when insurance companies are refusing to cover the surgery the APA and other medical organizations list it as necessary in the SOC. And many insurance companies and employers are now recommending, even requiring, overseas surgeries to reduce costs.

It's all a morality ruse anyway. They know we can't afford to "buy American" so it's just another way of saying no.

[cindybc]

Dr Brasard is licenced in Michigan. We can only pray that a lot of these dumb laws will get changed under Obama's administration.

Cindy

[Hazumu]

We can only pray that a lot of these dumb laws will get changed under Obama's administration.

Cindy

<soapbox>

I beg to differ.  If that's the only thing we do, nothing will get done. 

Communicate your concerns with your elected representatives (e-mail, phone call, visit, etc.)  Do it with local, state and federal reps.

Get active in confronting misinformation, and calling out and exposing bigotry. (You don't have to do it 24/7.  But strategic activism will move our issue)

Encourage others to do their part too.  Some are very uncomfortable -- so be it.  But do encourage them to do SOMETHING.  Calling an elected representative as a constituent is safe and, if enough of us do this on a variety of issues of concern to us, we will be noticed.

Some politician said, "I can't do it by myself,  You [constituents]have to MAKE me do it"

</soapbox>

=K

[tekla]

We can only pray that a lot of these dumb laws will get changed under Obama's administration.

He can only change federal law, not state law.  And though its not perfect, they are seeking a way to make it possible and easy - really, and yet hold to some sort of standard. 

The reason to make it limited to doctors licensed to practice in the US is that there is some sort of both legal protection and certification that can be checked.

[cindybc]

Sorry I don't know much about politics and policy in the US but I do have faith in Mr. Obama, in the sense that if anyone can bring order to the country I believe he can. What channels one has to go through I wouldn't have the foggiest idea where to go. Wing Walker is much more knowledgeable in this area then I am, so I'll pass the mike to her. 

Cindy

[Wing Walker]

We can only pray that a lot of these dumb laws will get changed under Obama's administration.

He can only change federal law, not state law.  And though its not perfect, they are seeking a way to make it possible and easy - really, and yet hold to some sort of standard. 

The reason to make it limited to doctors licensed to practice in the US is that there is some sort of both legal protection and certification that can be checked.

Leadership is a top-down thing.  Mr. Obama is the leader of the federal government and he has the means to directly and indirectly end discrimination based on many causes, from race to gender presentation.  He can do this by executive order, thus making it more difficult for the federal government to discriminate against its employees and those it serves.  He can also tell the Congress of his legislative initiatives in many ways, the best known of which is his annual State of the Union Address.

At least one state, Pennsylvania, uses the policies and procedures already in-place at the Department of State for issuing passports to individuals whose gender has been changed by undergoing GRS and thay say that in so many words.  I know.  I was born in Pennsylvania and I did have my birth certificate amended.

Dr. Brassard did my surgery and I know some women who also had their birth certificates changed before Dr. Brassard was licensed to practice in Michigan.

It does indeed take active interest on the part of the governed to make the government change any policy or rules.  It is supposed to be government of the people, by the people, for the people, yet we allow government to run amok and become non-responsive to our needs.

In every state there is a legislative body that considers and acts on things like laws and budgets.  It is often called the "general assembly" or the "legislative assembly."  Find out its name and then find out the name of the person who represents your part of the state and write to her or him to express your feelings about ***anything*** in your home state and what you want done about it.  You cannot change the gender marker on your birth certificate?  Write to your state assembly representative and say so!  You didn't endure transition and GRS only to have someone tell you that you cannot change your gender on the paper that is your birth certificate.

State legislators are pretty accessible to those they serve.  They have offices in the areas that they serve so you can hand-deliver your letters of concern and request for action.

I do hope that this will help someone.

Wing Walker

[Hypatia]

We can only pray that a lot of these dumb laws will get changed under Obama's administration.

Cindy

<soapbox>

I beg to differ.  If that's the only thing we do, nothing will get done. 

Communicate your concerns with your elected representatives (e-mail, phone call, visit, etc.)  Do it with local, state and federal reps.

Get active in confronting misinformation, and calling out and exposing bigotry. (You don't have to do it 24/7.  But strategic activism will move our issue)

Encourage others to do their part too.  Some are very uncomfortable -- so be it.  But do encourage them to do SOMETHING.  Calling an elected representative as a constituent is safe and, if enough of us do this on a variety of issues of concern to us, we will be noticed.

Some politician said, "I can't do it by myself,  You [constituents]have to MAKE me do it"

For example, National Center for Transgender Equality: Lobby Day 2009, which is coming up soon.

[Wing Walker]

We can only pray that a lot of these dumb laws will get changed under Obama's administration.

Cindy

<soapbox>

I beg to differ.  If that's the only thing we do, nothing will get done. 

Communicate your concerns with your elected representatives (e-mail, phone call, visit, etc.)  Do it with local, state and federal reps.

Get active in confronting misinformation, and calling out and exposing bigotry. (You don't have to do it 24/7.  But strategic activism will move our issue)

Encourage others to do their part too.  Some are very uncomfortable -- so be it.  But do encourage them to do SOMETHING.  Calling an elected representative as a constituent is safe and, if enough of us do this on a variety of issues of concern to us, we will be noticed.

Some politician said, "I can't do it by myself,  You [constituents]have to MAKE me do it"

For example, National Center for Transgender Equality: Lobby Day 2009, which is coming up soon.

The NCTE Lobby Day is one time when everyone who is interested in eliminating discrimination based on gender presentation can make their voice heard *and their faces seen.*  The more people on the Hill, the better. 

A Non-discrimination in Employment Act (NDEA) that includes transsexual and transgender individuals will not become law without lots of pressure.  It has tried and died because, in my opinion, the fine folks at the Human Rights Campaign (HRC) have seen to its annual legislative demise. 

The HRC does not care about TS/TG persons so we must do it ourselves.  They have hung TS/TG people out to dry.

When I was living in Alexandria, Virginia I opened my apartment to anyone needing a room for Lobby Day.  I hope that others will do the same.

Wing Walker

[SomeMTF]

The Illinois situation is quit new. Before 2004or 2005 they changed or amended birthcertificates from other surgeons also. I do not see rational reason to change the policy. Only as part of the plan ending birtcertificate changes of transsexuals. There are other states that have made it more difficult recently.

And I see that we are discussing about federal issues too. The anti-civil right agenda from Bush goverment also affected so called ''state-issues''.

I would not be surprised in case the federal level religious right would be somehow behind these policy changes.

[Hypatia]

Fie* on the HRC.

*Hypatia has been directed not to use veiled cuss words

I am now in a position to understand the reasons for Sylvia Rivera's call to arms, uttered with almost her dying breath:

"One of our main goals now is to destroy the Human Rights Campaign, because I'm tired of sitting on the back of the bumper. It's not even the back of the bus anymore — it's the back of the bumper. The bitch on wheels is back."

[lisagurl]

I would not be surprised in case the federal level religious right would be somehow behind these policy changes.

The federal level changes passports and SS without any problem. It is not a Bush issue. Each state has its own record keeping system. States have made it easier to change Birth certificates such as NY has gone from no gender marker on changed records to adding the "F", the problem is down at the clerk level. Guidelines and wording very greatly as law makers have assistants write the laws and the law makers them selves  never read the details. Less educated people enforce the laws with no idea of the intent. The English language is partly the blame along with arbitrary enforcement.

[Jay]

This is bullsh**

[fwagodess]

Being born in Illinois, and living in Indiana--I must agree with tekla. It is really up to the Illinois legislators. But since that state's governor has been impeached, the new governor there would have to water that law down. I really don't know since I haven't been in that state since I was 10 months old.

But this will probably be a piece of cake for me, as I don't have a passport, and not a problem.

[Sandy]

I have recently completed the byzantine process that Illinois requires in order to get an amended birth certificate.

Now that I have it, I am mightily pleased.  (see my scan of it in my gallery)  But I did feel that I was jumping through hoops simply because some petty bureaucrat could.

Dr. McGinn had never heard of such nonsense when I first talked to her last year before my surgery.  What most surgeons, as well as herself, is provide a certified report of the operation, and an affidavit that the person in question is by all medical determination now the opposite gender.

Basically she had to fill out the form re-iterating the exact same thing she said in the affidavit and have that notarized as well.  It was a minor inconvenience to her and I chalked it up to just one more step in my journey.

But I really could have done without the crap.  Also, by their petty bureaucracy, prevented me from getting the care I may have felt was most appropriate for me by forcing me to seek surgery from an American doctor.

I really applaud these two ladies and really hope they can get the law overturned.  It would be a great compromise if the returning patients could be examined by their regular physician once they return from surgery to certify the operation was performed as described.

I can only hope that this gets corrected.  It's too late for me, but for someone just now starting this journey, reducing the number of steps they have to go through will be a boon.

-Sandy

BTW: And yes, I will steal a page out of Karen's playbook and write my congress critter to make my feelings known.

[cindybc]

Congratulations Sandy, it was about the same thing here getting my birth certificate changed in Ontario I thought I was going to have to hire a Philadelphia lawyer to fill out all the papers. Waiting for the birth certificate and you keep getting back more ->-bleeped-<- papers to fill out.

Cindy

[tekla]

And yes, I will steal a page out of Karen's playbook and write my congress critter to make my feelings known.

Enclose a check, or better yet, cash.  Pay to play and all.