Sunday, October 28, 2012

Finally Some Sanity (Part 2)…

Earlier this month I wrote about how Ontario, Canada removed the requirement to have surgery to change your birth certificate, well now a state here in the U.S. just did the same,
Ill. court OKs end to genital surgery requirement for birth certificate changes
Chicago Phoenix
by Tony Merevick
October 24, 2012

A Cook County judge approved a new decree Tuesday that would allow transgender Illinoisans to obtain birth certificates with their correct gender from the Illinois Department of Public Health without having to undergo genital reconstruction surgery.

The policy change comes as the result of a settlement reached in July in a class-action legal challenge involving three transgender individuals who filed suit in May 2010 after they were denied corrected birth certificates from the IDPH because they did not undergo genital surgery.
[…]
“It is critical that our clients and others are able to get birth certificates that accurately reflect who they are without being required to undergo costly surgery that they may not want or need,” he said. “The State never should have involved itself in these private decisions about medical care.”
[…]
This is a step forward for many transgender people who cannot afford the genital reconstruction therapy or do not feel the need to undergo such a procedure. However, the other procedures that may fit the state’s criteria may be just as invasive to some, including double mastectomy, hysterectomy, orchiectomy, or facial feminization surgeries.
This also brings Illinois birth certificate policy in-line with the state Department policy on passports.  As I wrote before, some people argue that a birth certificate is legal record and should not be changed, but many legal documents are changed including your name on the birth certificate. In all 50 states you can change your name on it. Some argue that it should indicate what you have between your legs, my answer to that is why? Has anyone ever check to see what you have between your legs or for that matter has anyone ever asked to see your birth certificate? Probably the only time any has requested your birth certificate was when you applied for a job and even then they never checked what you have between your legs, they just wanted to check if you are a U.S. citizen. Wouldn’t it be better for the gender on your birth certificate reflect the way you live?

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