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New legislative initiative in Illinois for gender change on birth certificate

Started by Sandy, April 01, 2009, 07:17:55 AM

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Sandy

I found this and I am crossposting here.

Basically what it wants to do is modify the amendment procedure for getting the gender marker changed on your B/C.  It will allow for foreign licensed surgeons to perform surgeries and have the patient examined by a local physician to verify the results.

The survey is primarily to poll the constituents to ask if there should be a push to completely overhaul the amendment process and simply have a certified letter from a qualified therapist acknowledge that the person is in fact transsexual and should have their B/C changed on that basis alone.  No surgery required.  That is considered to be the much harder road.

Anyway, those of you from Illinois, please take the survey and let them know that we are very interested in having this restrictive amendment process streamlined.

Thanks!

-Sandy(I got my activist hat on)

From the Chicago Area Crossdressers forum...
___________________________

Hello,
When I posted yesterday, I spoke of how great it is to have a
legislator who actually wants to hear from the Trans community and
the results from New Hampshire have borne that out.

On the other hand, here in Illinois, 100 of you responded,
in less than 18 hours-
CONGRATULATIONS! !

One glitch, the survey had originally been set up in a way that
closed it at the 100 mark.
This afternoon, Senator Stean's staff has re-set the survey,
so those who missed the chance to have your voice heard, can do so now.

If you were born in Illinois, then this is of importance to you, no matter what may lay ahead in your journey, as a Trans individual.

Please complete the survey.

All the best,
June
___________________________

Dear friend,

Please click here -

http://www.surveymonkey.com/s.aspx?sm= tE4BybULqPmD2D5_2fWv_2fUsQ_3d_3d

to take a survey related to legislation on an important transsexual
issue.

As you may know, I have recently introduced legislation - SB1354 - http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=SB&DocNum=1354&GAID=10&SessionID=76&LegID=42567
which tackles a birth certificate issue for transsexual individuals.
Please click the link above to take a survey that will help me choose
a direction to pursue as we try to pass this legislation.

This survey will ask you a few questions about which of these issues
is most important to you and given their likelihood of passage, which
of these you would like me to pursue.

Thank you for your time and comments.
Please answer this survey as soon as possible.

Sincerely,

Heather Steans
State Senator
7th District
_________________________

Short Description: VITAL REC ACT-GENDER CHANGE

Senate Sponsors
Sen. Heather Steans

Last Action
Date Chamber Action
3/11/2009 Senate Postponed - Human Services

Statutes Amended In Order of Appearance
410 ILCS 535/17 from Ch. 111 1/2, par. 73-17


Synopsis As Introduced
Amends the Vital Records Act. Adds a definition for "physician". Provides that any foreign physician submitting an affidavit shall submit proof of medical licensure along with the affidavit. Provides that an affidavit by a physician that he has conducted a physical examination of a person and that by reason of an operation previously performed on such person the sex designation on such person's birth record should be changed. Provides that the State Registrar of Vital Records may make any investigation or require any further information he deems necessary. Effective immediately.
Out of the darkness, into the light.
Following my bliss.
I am complete...
  •  

NicholeW.

Just curious, Sandy, but what are the percentages of older men as a total of the legislature in Illinois.

Just thinking that the "harder road" may be in some part "harder" because there may be some squeamishness about a visceral fear of being "fooled" by someone who doesn't have a completed vagina.

Ya know how some guys can be side-tracked by the "really important details." :laugh:

Nichole
  •  

xsocialworker

Yes, but wait until any given Illinois politician gets convicted as most will and then see what they will learn about cross-gender behavior. Especially the ones with full heads of hair ;D
  •  

Sandy

Quote from: xsocialworker on April 06, 2009, 04:12:13 PM
Yes, but wait until any given Illinois politician gets convicted as most will and then see what they will learn about cross-gender behavior. Especially the ones with full heads of hair ;D
I'm sure Blago's hair won't serve any time at all.  It'll claim it was an innocent bystander!

-Sandy(though his hairdresser is in for a hard time!)
Out of the darkness, into the light.
Following my bliss.
I am complete...
  •  

Julie Marie

I talked to June about this at Equality Illinois' First Friday at the beginning of the month.  She seemed to be of the belief we need to allow the gender marker to be changed on vital records without any gender related surgeries.  I know many trans folks can't afford surgery.  FTM genital surgery is horribly expensive and not always successful, and it leaves a lot of scars.  Many states only require proof of a mastectomy in order to change the vital records.  But allowing no-ops to change their gender marker, well...

I'll admit, I'm a bit torn on this.

First of all, the birth certificate is a document proving you were born, have male or female genitals and have been given a name.  Going back and changing any of that is like rewriting history.

Now, I realize trans people are horribly discriminated against and by erasing any evidence of our gender past we can decrease the chance of discrimination.  I'm all for anything that reduces or eliminates discrimination for anyone and everyone.  Discrimination is wrong, period!  So from that end I agree with the concept of changing the gender marker on vital records.

But this isn't a cut and dried issue.

Let's look at some different scenarios:

A male born person identifies as female but can't afford GRS.  She asks for and receives documentation from a therapist and a psychiatrist (the same as someone requesting GRS has to do) and takes it to her state's department of vital records and they change her gender marker to female.  Several years later she is having regrets and wants to go back to a male life.  Can she request the gender change be reversed?  Or should the law only allow one gender change in a person's life?

And there's the criminal aspect which requiring surgery prevents most criminals from abusing.

What about marriage?  Since most states and the federal government don't recognize same sex marriages, how do you define a marriage between two people who both have male or female genitalia even though one has changed their vital records?  Are we creating a loop hole for same sex couples to get married?  Actually, I'd be all for that since I believe in same sex marriage.  But what about the conservative/ultra religious factions?  If I saw this, wouldn't they too?  This is one reason non-op trans people will have a major battle on their hands if they want to change gender markers w/o surgery.

The best solution is to completely wipe out discrimination but I know I'll never see that.  Until then, we have to find a way to protect us from discrimination, give us the proper gender identification and all without opening the door for gender change to be abused.  That's a tough nut to crack.

Julie
When you judge others, you do not define them, you define yourself.
  •  

stacyB

If I may play devils advocate for the moment...

As best I understand it, the basis for being TS is not just that we were born with the wrong genetalia (or in layman's terms the "wrong" body)... it about our wiring, the fact that our minds, even our soul's do not match the physical box in which we were delivered to this world.

That being the case, some more thought provoking questions...

1. Is changing the birth certificate really changing history? Which history? The wrapping paper we came in, or who we truly are? If I turn a round box into a square box, and the contents inside remain unchanged, does FedEx really care what the original shape of the box was? Does the receipient care? Why is the history itself so important? And to who? The authorities? The medical community? Family or next of kin? Who benefits from knowing? Who loses from not knowing?

2. The issue of switching back and forth the gender marker violates the original assumption I first stated above. In that case, the person in question is basing the gender marker on the packaging instead of the contents. Thats a whole different can of worms. But whats the basis for the one time only policy? Fairness? Honesty? Suppose you could change your height? Weight? Ethnicity? Where do we draw the line?

3. The whole issue of marriage is another ball of wax altogether. If you believe as many do that defining marriage based on same/opposite is a silly archaic notion, then what difference does GRS make in that situation?

4. Criminals will always find a way to hide their identity. If they choose to masquerade as a member of the opposite gender, no one is going to ask them to "drop trou" to verify there assertions. If they pass, it wont matter. If they dont, it wont matter. People have been using false identities for ages going all the way back to the bible:

"The voice is the voice of Jacob, but the hands are the hands of Essau"

Basing the gender marker on wiring wont change that at all, and I dont think it would benefit the criminal element all that much. I doubt that Manson would pass as a woman...

Thoughts?
  •  

tekla

Criminals will always find a way to hide their identity.

In Illinois?  Your kidding.  Most of them are running for political office.
FIGHT APATHY!, or don't...
  •  

stacyB

A few more additional sides to the subject at hand:

I asked this question elsewhere and got this response from one of the GGs...

QuoteWorse case scenario.
What if a F to M gets arrested and has M on her ID and get put in the M holding cell. Her fellow prisoners will not be gracious I'm sure. The Cops won't be helpful I'm sure. Not a great situation.

Also with sports, what if an M to F has the birth certificate changed, and all related ID. Then competes against the women and wins. (Testosterone is still produced until the testes are removed. Testosterone is a great hormone for "enhancing" competition) They have rules in most sporting bodies stating that a post-op transsexual has to wait 2 years to be able to compete for this reason.

Also, what happens when one travels by air?

http://www.tsa.gov/what_we_do/layers/secureflight/faqs.shtm#traveler_faqs

QuoteWhat passenger information is needed by Secure Flight?

Under the Secure Flight Final Rule, TSA requires airlines to collect and transmit to TSA the following information:

Full Name (required)
Itinerary (required)
Date of Birth (required)
Gender (required)
Redress Number (optional)
  •  

stacyB

An update from our local state representative...

____________________________________________________

Dear Stacy Brahm,

Thank you for responding to my recent survey on birth certificate legislation in Illinois.

I  received tremendous response to the Birth Certificate Legislation Survey. I sincerely appreciate those who showed concern and interest in the outcome of this policy issue, specifically, SB 1354.  Nearly 200 people responded to my survey. The results of the survey indicate that 59% of respondents would rather pursue legislation that allows a birth certificate gender change without the surgical requirement, while 41% support pursuing legislation that changes the rule regarding gender surgery performed outside of the United States.

Nearly half took the opportunity to offer additional comments on:
Further clarification of the concept of gender.
Affordability of gender operation.
Economic discrimination and gender operation.
Lack of insurance coverage for gender operation.
Difficulty obtaining government identity documentation.
Privacy issues.
Surgical requirement is too strict.
The concept of taking the easy road now, leaving the hard road for later.

This legislation is still very important to me and clearly very important to many of you.  I was not able to get the votes to move this bill out of committee this year, but I would like to work with all of you to develop a strategy for lobbying elected officials on this issue.  I find that there is a huge education gap with any transgender issue and when an official learns more about it, they are more likely to voice their support.  I hope that many of you will be able to visit with legislators at their district and in Springfield to discuss this issue.  I will contact you with more details as I pursue the bill next year.

Thank you again for helping me to gather information on this important policy issue. Your insight will assist me to pursue a future strategy for SB 1354.  Please feel free to e-mail me or contact my office at 773-769-1717 with any questions or concerns you may have. 

Best,
Heather A. Steans
  •