Transgender Illinoisians Sue State Over Birth Certificates

[Shana A]

Transgender Illinoisians Sue State Over Birth Certificates

Published : Tuesday, 10 May 2011, 8:35 PM CDT
Sun-Times Media Wire

http://www.myfoxchicago.com/dpp/news/metro/transgender-transsexual-birth-certificate-illinois-lawsuit-genital-surgery-lauren-grey-victor-williams-nicholas-guarino-20110

Chicago - A class action lawsuit was filed Tuesday claiming that the state of Illinois refuses to change the gender on birth certificates of transsexual people unless they've undergone genital surgery.

Lauren Grey, Victor Williams and Nicholas Guarino are transsexual people who were born in Illinois and underwent medical surgery to conform their bodies to the gender they identify with rather than the sex they were assigned at birth, according to a civil lawsuit filed in Cook County Circuit Court.

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Individuals Ask Court to Declare Unconstitutional Illinois Vital Records Requirements for Genital Surgery

http://www.prnewswire.com/news-releases/individuals-ask-court-to-declare-unconstitutional-illinois-vital-records-requirements-for-genital-surgery-121595188.html

CHICAGO, May 10, 2011 /PRNewswire-USNewswire/ -- Despite promises to the contrary, the Division of Vital Records of the Illinois Department of Public Health has failed to fix its practice of refusing to correct the gender on birth certificates of transgender individuals who have had gender confirmation surgery but not the specific forms of surgery demanded by the department. The American Civil Liberties Union and the ACLU of Illinois filed a lawsuit today to allow transgender individuals who have not had gender confirmation surgery to correct the gender marker on their birth certificates.

In order to correct gender markers on birth certificates, the current department policy requires that transgender individuals undergo costly and potentially dangerous surgical procedures without regard for whether a person wants or has any medical need for the surgeries. The surgery is required without an individualized assessment of their medical necessity.

[Ann Onymous]

Hope the court rules against them...if you are not willing to have surgery, then the birth record should remain unchanged as it pertains to what is between the legs.  Undergoing what amounts to cosmetic surgery (which is where rhinoplasty, breast augmentation, lipo or other non-genital procedure) is very much an elective process that is somewhat reversible whereas the genital surgery is essentially a non-reversible procedure. 

I also hope that the Texas Department of Public Safety prepares an amicus brief because the out of state birth certificate need not be amended in order for the Drivers License to show a different letter. 

And yes, ironically enough, my background involves precisely the two States being discussed.   

[Sean]

I think it's a bit disingenuous for MTFs to claim that everyone should get genital surgery to be allowed access to accurate documentation without considering for one moment that there are also FTMs captured by these policies. There is absolutely NO surgical option for an FTM that creates a normal size phallus with erotic sensation.

You might want to think about the fact that there are other people traveling on the opposite path that you are with totally different surgical options that are widely considered far inferior to the options you had before commenting on policies that affect ALL of us.

[JungianZoe]

I think it's a bit disingenuous for MTFs to claim that everyone should get genital surgery to be allowed access to accurate documentation without considering for one moment that there are also FTMs captured by these policies. There is absolutely NO surgical option for an FTM that creates a normal size phallus with erotic sensation.

100% in agreement!

In my case, it's not about NOT wanting to have SRS, but wondering when in my lifetime I'll ever be able to afford it.  I have two college degrees from reputable public institutions, and I haven't had a job paying over $30k in the last 8 years.  My skillsets simply aren't in demand and the skillsets that are in demand in my area would require another degree and would bore me to tears.  Maybe it's just my failure to imagine greater, I dunno.  Yeah, I'm really kind of depressed today, sorry.

But in any case, I desperately want SRS and can't imagine any scenario where I'll have enough money to do it any time in the near future.  And as the owner of an Illinois birth certificate (though my parents moved away when I was a year old), a victory in this case would mean a lot to me.  I don't want to have to count on a financial miracle to be able to get my birth certificate changed.

(Unlucky in love and money... not a fun place to be.)

[Shana A]

Transgender people sue Illinois to change birth certificates
State refuses unless genital surgery is done, lawsuit says
May 12, 2011|By Rex W. Huppke, Tribune reporter

http://articles.chicagotribune.com/2011-05-12/news/ct-met-transgender-lawsuit-20110512_1_transgender-people-certificates-surgery

Lauren Grey is, in all aspects of her life, a woman. Her driver's license reflects that, as do her name, her Social Security information and her appearance.

Still, her Illinois birth certificate says she's a man. She has requested that it be changed and provided a supporting affidavit from the doctor who performed breast augmentation and facial feminization surgeries on her. But, according to a lawsuit filed on behalf of her and other transgender people this week by the American Civil Liberties Union, the state has denied her request, saying transgender people in Illinois must have "genital reformation surgery" to have their birth certificates changed.

[Julie Marie]

In Illinois the birth gender determination is made by a doctor at the moment that doctor looks between your legs.  Penis=male.  Vagina=female.  NEXT!

No DNA testing is done and there is certainly not any brain gender testing done.  So by this set standard, the gender marker on your birth certificate is determined solely by your genitals.

It is an ancient standard and it works for the vast majority of people.  So why should we change it?

Well, let's see...  If we go back a few thousand years and look at the standards (laws, privileges, rules, etc.), have there been any changes from then to now?  The place we now know as the USA certainly has changed.  Outside of geographical features, you wouldn't even know this is the same place as it was a few thousand or even a few hundred ago.  Why have all those changes occurred?  Why didn't we just keep things status quo?

And practically every standard that exists in the USA today was imported from another country.  An awful lot of them were influenced by religious beliefs.  Natives were slaughtered, wiped out, their land taken and forced to flee their homes by Bible-toting, gun-bearing immigrants.  We saw no problem with that.  In fact, history books kind of make it sound like populating the Americas with foreigners by force was a good thing.

I guess we like change, as long as it benefits us personally.

Now the time has come for some forward thinking.  It's time to change the gender standards.  It's long past due.  Start by recognizing brain gender as the primary means by which gender is recognized.  Along the way consider a third gender or fourth or maybe the elimination of gender completely from all vital records.  Laws would have to be made.  Education would have to be done.  An entire mindset would have to altered.  And, considering how humans typically don't like sudden change, all this will have to be done over time.

For now I say just eliminate gender from all vital records.  I really don't think what's between your legs should be of any concern to local, state and/or federal agencies.  Leave that concern to the person with whom you are intimate.  And if someone feels the need to gender you, let them do that by your presentation.  And if they can't figure it out, let them work on it and not bother you with their problems.

[Sabriel Facrin]

I also feel that the birth certificate should not need SRS.  Like above said at various points, SRS is dangerous, VERY expensive, and is only really good for MtF even though the law would appily net FtMs into it.  Transgenders already have to deal with a lot of discrimination, and having to admit our origin sex to people who demand legal documents leaves us an open target that further helps us get discriminated.  It also leaves a feeling of inferiority in our feelings, when people think that we're 'not transgender enough'.  Personally, I've gotten worried that 'I'm not transgender enough' just because I felt on the voluntary side about SRS due to its drawbacks. :\
Also, from what I've read, the devotion into going into transcending physical sex are to varying extents per thing permanant or difficult and expensive to reverse: Hormones leaves effects on the body and mind that do not naturally reverse, and surgeries simply have to be undone through further surgeries.

Although I understand that medical stuff probably needs to know your origin sex, it can probably be worked out to be exclusively meant for people to dig in when they need it for medical purposes---not for casual proof of identity like the birth certificate does.

[Sandy]

As one who has jumped through the hoops as dictated by the State of Illinois, and acquired a new B/C,  I am familiar with the process.  These rules forced me to restrict my selection of surgeons to those registered in the US, which I feel is a crock.  By the way, they have amended the regulations to accept NON-US surgeons, but there must be an examination and notarized affidavit provided by a US physician.  As well as a notarized affidavit from the applicant and the original surgeon.  And the regulations appear to be heavily oriented toward MTF surgeries.  Though there is no official designation as to what surgeries would be accepted.  The inference is that the surgery is to make a hole out of a pole.

I agree that this is pointless.  NO ONE SEES WHAT'S DOWN THERE!  What the hell does it matter?!

However, I would disagree that having cosmetic (or any!) surgery be a defining criteria.  After all  there are drag performers who will get BA's simply to have a better stage presence and still consider themselves male.  I'm not sure if drag kings would have their breasts removed for a similar reason but I think you get the point.

If there would be a defining criteria, I would think that a two letter process similar to the WPATH standards for SRS be more appropriate.  We are talking about a mental condition I.E. something that was the result of our brains being wired backward.  And until such time as an objective, reliable, test could be performed to definitively say what our brains are, we should rely on a therapist/psychologist affirmation.

And "gatekeeper" opinions aside, the two letter process has resulted in a very high satisfaction rate amongst those who have gone through it.

-Sandy

[juliekins]

I think Julie raises an interesting point. M or F's are placed on birth certificates without any testing other than a visual peek. Not very scientific, is it?

In our society, at present, sex somehow equates to gender expression. Penis= trucks, aggressive play etc. Vagina=pretty, delicate, mother etc.
From the earliest days, parents begin to socialize their children for what they see as the child's future role in society.

Why does the state or government need sex typing other than for future databases? (military inscription, terrorists watch list or eligibility for marriage) What good does it serve our citizens to create this identification and casting system from birth?

At the very least, parents should have the option whether to have this placed on the birth certificate. IMO the government has no business in our business.

[BunnyBee]

I see it as an attempt to deconstruct gender and create precedent that can be used elsewhere for political purposes.

Even if you disagree with the politics you fear may come into play, don't forget that this precedent would benefit your situation with the District of Columbia.  This case is obviously in a gray area because of the not needing SRS aspect, but I would sure like to see some lawsuits brought against states that won't change the birth record even after surgery.  Or states like mine (Florida) which have weird arbitrary rules about getting it changed.  In Florida, you have to get your name officially changed to one that "clearly" matches the sex to which you plan on switching prior to applying to have the gender marker on the birth certificate amended.  Even then, they apparently will still leave your original name and possibly your original gender marker on the bottom of the certificate.  What is the point of all that?

[Julie Marie]

This isn't about making you feel better about your birth gender, genitals or anything to do with your physical self and how you feel about it.  This is about law, rights, privileges and the penalties one pays for not adhering to them.

[Julie Marie]

And the Chicago Tribune has an article too...
Transgender people sue Illinois to change birth certificates
State refuses unless genital surgery is done, lawsuit says

By Rex W. Huppke, Tribune reporter
7:11 p.m. CDT, May 12, 2011

Lauren Grey is, in all aspects of her life, a woman. Her driver's license reflects that, as do her name, her Social Security information and her appearance.

Still, her Illinois birth certificate says she's a man. She has requested that it be changed and provided a supporting affidavit from the doctor who performed breast augmentation and facial feminization surgeries on her. But, according to a lawsuit filed on behalf of her and other transgender people this week by the American Civil Liberties Union, the state has denied her request, saying transgender people in Illinois must have "genital reformation surgery" to have their birth certificates changed.