Monday, September 23, 2019

Have You Changed Your Birth Certificate?

Well in one state you cannot change it and they are being taken to court…
Transgender group’s birth certificate suit advances in Ohio
Miami Herald
By The Associated Press
September 23, 2019

Four transgender people challenging an Ohio rule preventing people from changing the gender listings on their birth certificates have won their day in court.

U.S. District Court Judge Michael Watson denied the state's request that the lawsuit filed by the ACLU, Lambda Legal and the ACLU of Ohio be dismissed.

The lawsuit contends the birth certificate rule imposed by the state Department of Health and the Office of Vital Statistics is unconstitutional.
All Tennessee and Ohio allow you to change your birth certificate, some like Connecticut you only need a letter from a doctor to change it and in some states you need surgery.



The rallying cry from the right wing is “religious freedom.” They are trying to stand the First Amendment on its head.
Court says Sacramento-area transgender man can sue Mercy San Juan over denying hysterectomy
The Sacramento Bee
By Cathie Anderson
September 18, 2019

The 1st District Court of Appeal in San Francisco ruled that a Sacramento-area transgender man can sue Mercy San Juan Medical Center over the last-minute cancellation of his hysterectomy, overturning a lower-court ruling that dismissed the case.

Dignity Health, which operates Mercy San Juan, arranged for Evan Minton to have the procedure at Methodist Hospital in south Sacramento within 72 hours of the denial, court records state. The procedure was canceled, the lawsuit stated, after Minton mentioned to a nurse that he is transgender.

In his appeal court decision, Presiding Justice Stuart R. Pollak stated: “Without determining the right of Dignity Health to provide its services in such cases at alternative facilities, as it claims to have done here, we agree that plaintiff’s complaint alleges that Dignity Health initially failed to do so and that its subsequent rectification of its denial, while likely mitigating plaintiff’s damages, did not extinguish his cause of action for discrimination.”
The hospital is a Catholic hospital but it serves the public.
“Catholic hospitals do not perform sterilizing procedures such as hysterectomies for any patient regardless of their gender identity, unless there is a serious threat to the life or health of the patient,” the Dignity statement continued. “Courts have repeatedly recognized the right of faith-based hospitals not to provide services based on their religious principles....In this case, Mr. Minton was able to quickly receive the sought-after procedure at another nearby Dignity Health hospital that is not Catholic-affiliated.”
Not true, most courts have not recognized a religious hospital right to deny medically necessary healthcare, however I see this case going to the Supreme Court.
Pollak, in his ruling, wrote that the denial of a procedure that treats a condition particular to transgender persons supports an inference that Dignity Health discriminated against Minton based on his gender identity. This is true, he noted, even if the denial was based upon a policy that does not appear discriminatory on its face. Justices Alison Tucher and Tracie L. Brown concurred on the opinion.
This case can have a far reaching implications, can you imagine if you are in an accident and the only hospital in the area is a religious hospital and they refuse to treat you as you are dying… sorry we don’t treat transgender people.

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