Edge Boston
by Ethan Jacobs
Bay Windows
Thursday Jul 26, 2007

IRS senior attorney John Mikalchus grilled Gay and Lesbian Advocates and Defenders' (GLAD) expert witness, psychiatrist Dr. George Brown, for more than four hours about the medical necessity of sex-reassignment surgery and other treatments for GID, asking him on multiple occasions to concede that the procedures are cosmetic. Brown, a psychology professor at East Tennessee State University and a board member of the World Professional Association for Transgender Health (WPATH), which issues the internationally recognized standards of care for GID treatment, refused to do so, but Mikalchus tried to hammer home that point himself.

I hope that this woman prevails in the court.  What a tragedy that someone has to step forward like this to sacrifice their privacy to get equal rights.... for taxes no less.  I admire her. She deserves to win for more reasons that it is medically necessary.

Cindi

I just read the story - I hope the she wins as well. The IRS Attorneys seam like utter clowns.

Alice

I hope she wins also, it would be a victory for all of us.  Unfortunately it is the IRS and they tend to be a law unto themselves.


Sarah L.

The implications of this trial are huge. If it is determined to be medically necessary than insurance companies and Medicare would have to pay these costs. Particularly Medicare which is run by the government. This would be a wholesale change from where we are right now. If it is determined to be medically necessary than one would create a liability by refusing treatment of those suffering from GID. I am not holding my breath. This is a huge political hot potato.

Love always,
Elizabeth

Quote from: Elizabeth on July 26, 2007, 06:28:23 PM
The implications of this trial are huge. If it is determined to be medically necessary than insurance companies and Medicare would have to pay these costs. Particularly Medicare which is run by the government. This would be a wholesale change from where we are right now. If it is determined to be medically necessary than one would create a liability by refusing treatment of those suffering from GID. I am not holding my breath. This is a huge political hot potato.

Love always,
Elizabeth

This is Massachusetts.  Anything is possible.  Our Governor marched in the pride parade this year.  We have Gay marriage for real.  I know those things don't guarantee anything, but the possibilities are there. 

I'd love to see the IRS get walloped by a TG. Personally, I think the whole IRS is a big scam.

Massachutsetts is a cool country, BTW 

I love to see the IRS get beaten by anybody, especially when it's in a cause that is this right!

Kristi

Quote from: Rebis on July 26, 2007, 09:21:45 PM

Quote from: Elizabeth on July 26, 2007, 06:28:23 PM
The implications of this trial are huge. If it is determined to be medically necessary than insurance companies and Medicare would have to pay these costs. Particularly Medicare which is run by the government. This would be a wholesale change from where we are right now. If it is determined to be medically necessary than one would create a liability by refusing treatment of those suffering from GID. I am not holding my breath. This is a huge political hot potato.

Love always,
Elizabeth

This is Massachusetts.  Anything is possible.  Our Governor marched in the pride parade this year.  We have Gay marriage for real.  I know those things don't guarantee anything, but the possibilities are there. 

The thing is, even if they win, this will not be the end. It will be appealed. This is the Federal Courts and a lot depends on what court has jurisdiction. In the end, a conservative Supreme Court will have the final say. What do you think Roberts, Alito, Thomas will think? They control the Court. It's almost like it means nothing to win at trial, other than it's not losing.

And even if they do win the case and the courts uphold it, Congress can pass a law to say it's never medically necessary. We seen this with Marijuana. Congress passed a law telling the courts that there is never a medical use for marijauna, even though plenty of testimony contradicted that law, including the congressional hearings before the law was passed.

I predict the IRS will prevail. Bigotry seems to be ruling the day, if the passage of anti gay legislation is any indication. I read a thread on AOL where people were outraged that they might have to pay for prisoners to have SRS. The general public views us as sex perverts. It will be interesting to see how this all shakes out, a few years from now.

Love always,
Elizabeth

Quote from: Alice on July 26, 2007, 06:01:49 PM
I just read the story - I hope the she wins as well. The IRS Attorneys seam like utter clowns.

Alice

Alice, may I correct your statement without hurting your feelings?  What I think you meant to say is that "The IRS Attorneys seam like clown utters."  Right?

You should see the circus our attorney general gave for a senate hearing this past week. I could not believe that holds such a high office.  He has the intellect of a cow pie.

Cindi

Quote from: Elizabeth on July 26, 2007, 11:53:06 PM
I predict the IRS will prevail...

I fear you're right even though I hope you're wrong.  I am watching this trial closely since I fully intend to deduct my
SRS on my 2006 return which I have until October 15th to file.  This is a political agenda being pushed by our friends
on the religious right who don't want any tax dollars lost to this sinful procedure--even though most of those idiots
have tax exempt status.  Bush and the Republicans can't be gone soon enough.

I'm with Cindy, I admire this woman for doing this.  I'm not sure I would have...

Dawn

I hope she wins also.
but this may be a no win situation.

an IRS win would be a huge set back in transgender rights

a win by Rhiannon  will fan the flaming conservatives and they will shove the "courts" decision in the face of every lawmaker they come across. generating  transphobic knee jerk reaction legislation.  resulting in a huge set back in transgender rights.

Quote from: Aeyra on July 26, 2007, 10:29:44 PM
I'd love to see the IRS get walloped by a TG. Personally, I think the whole IRS is a big scam.

Massachutsetts is a cool country, BTW 

Thanks, but I had thought it was a planet. 

George Brown is not a psychologist. He's a psychiatrist, and a friend of mine from back in the day. A good man, and a friend to the TG community.

time to leave the atournies alone, thier fighting the side they are payed by, they are fighting to win, because they are payed to. right or not. thier doing thier job.

The IRS wioll lose for the simple rreason that the courts will not want to set a precedent where a non-medical organization would be allowed to determine what is medically necessary, and what is not. It would open a pandora's box, and force them to eventually revisit a ton of previous decisions. Plus, lots of medical people have lots of money and are a powerful voting block. The courts will not want to mess with that constituency or stir them up.