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  • Is NYC dumber than San Francisco?

    From Tuesday's New York Times: one doesn't even have to be post-op to say they're a woman or a man. Just be any damn thing you want.

    I think that's dumb. Anyone care to disagree?

    Okay, maybe a few special cases, like Kikky, as long as she promises to go post-op within 6 months or something like that.

    _

    November 7, 2006
    N.Y. Plans to Make Gender Personal Choice
    By DAMIEN CAVE

    Separating anatomy from what it means to be a man or a woman, New York City is moving forward with a plan to let people alter the sex on their birth certificate even if they have not had sex-change surgery.

    Under the rule being considered by the city€™s Board of Health, which is likely to be adopted soon, people born in the city would be able to change the documented sex on their birth certificates by providing affidavits from a doctor and a mental health professional laying out why their patients should be considered members of the opposite sex, and asserting that their proposed change would be permanent.

    Applicants would have to have changed their name and shown that they had lived in their adopted gender for at least two years, but there would be no explicit medical requirements.

    €œSurgery versus nonsurgery can be arbitrary,€ said Dr. Thomas R. Frieden, the city€™s health commissioner. €œSomebody with a beard may have had breast-implant surgery. It€™s the permanence of the transition that matters most.€

    If approved, the new rule would put New York at the forefront of efforts to redefine gender. A handful of states do not require surgery for such birth certificate changes, but in some of those cases patients are still not allowed to make the change without showing a physiological shift to the opposite gender.

    In New York, the proposed change comes after four years of discussion among health officials, an eight-member panel of transgender experts and vital records offices nationwide. It is an outgrowth of the transgender community€™s push to recognize that some people may not have money to get a sex-change operation, while others may not feel the need to undergo the procedure and are simply defining themselves as members of the opposite sex. While it may be a radical notion elsewhere, New York City has often tolerated such blurring of the lines of gender identity.

    And the proposal reflects how the transgender movement has become politically potent beyond its small numbers, having roots in the muscular politics of the city€™s gay rights movement.

    Transgender advocates consider the New York proposal an overdue bulwark against discrimination that recognizes an emerging shift away from viewing gender as simply the sum of one€™s physical parts. But some psychiatrists and doctors are skeptical of the move, saying sexual self-definition should stop at rewriting medical history.

    €œThey should not change the sex at birth, which is a factual record,€ said Dr. Arthur Zitrin, a Midtown psychiatrist who was on the panel of transgender experts convened by the city. €œIf they wanted to change the gender for all the compelling reasons that they€™ve given, it should be done perhaps with an asterisk.€

    The change would lead to many intriguing questions: For example, would a man who becomes a woman be able to marry another man? (Probably.) Would an adoption agency be able to uncover the original sex of a proposed parent? (Not without a court order.) Would a woman who becomes a man be able to fight in combat, or play in the National Football League? (These areas have yet to be explored.)

    The Board of Health, which weighs recommendations drafted by the Department of Health and Mental Hygiene, is scheduled to vote on the proposal in December, and officials say they expect it to be adopted.

    At the final public hearing for the birth certificate proposal last week, a string of advocates and transsexuals suggested that common definitions of gender, especially its reliance on medical assessments, should be abandoned. They generally praised the city for revisiting its 25-year-old policy that lets people remove the sex designation from their birth certificate if they have had sexual reassignment surgery. Then they demanded more freedom to choose.

    Michael Silverman, executive director of the Transgender Legal Defense and Education Fund, said transgender people should not have to rely on affidavits from a health care system that tends to be biased against them. He said that many transgender people cannot afford sex-change surgery or therapy, and often do not consider it necessary.

    Another person who testified, Mariah Lopez, 21, said she wanted a new birth certificate to prevent confusion, and to keep teachers, police officers and other authority figures from embarrassing her in public or accusing her of identity theft.

    A few weeks ago, at a welfare office in Queens, Ms. Lopez said she included a note with her application for public assistance asking that she be referred to as Ms. when her turn for an interview came up. It did not work. The woman handling her case repeatedly addressed her as Mister.

    €œThe thing is, I don€™t even remember what it€™s like to be a boy,€ Ms. Lopez said, adding that she received a diagnosis of transgender identity disorder at age 6. She asked to be identified as a woman for this article.

    The eight experts who addressed the birth certificate issue strongly recommended that the change be made, for the practical reasons Ms. Lopez identified. For public health studies, people who have changed their gender would be counted according to their sex at birth.

    But some psychiatrists said that eliminating identification difficulties for some transgender people also opened the door to unwelcome advances from imposters.

    €œI€™ve already heard of a €˜transgendered€™ man who claimed at work to be €˜a woman in a man€™s body but a lesbian€™ and who had to be expelled from the ladies€™ restroom because he was propositioning women there,€ Dr. Paul McHugh, a member of the President€™s Council of Bioethics and chairman of the psychiatry department at Johns Hopkins University, wrote in an e-mail message on the subject. €œHe saw this as a great injustice in that his behavior was justified in his mind by the idea that the categories he claimed for himself were all €˜official€™ and had legal rights attached to them.€

    The move to ease the requirements for altering one€™s gender identity comes after New York has adopted other measures aimed at blurring the lines of gender identification. For instance, a new shelter policy approved in January now allows beds to be distributed according to appearance, applying equally to postoperative transsexuals, cross-dressers and €œpersons perceived to be androgynous.€

    The Metropolitan Transportation Authority also agreed last month to let people define their own gender when deciding whether to use the men€™s or women€™s bathrooms.

    Joann Prinzivalli, 52, a lawyer for the New York Transgender Rights Organization, a man who has lived as a woman since 2000, without surgery, said the changes amount to progress, a move away from American culture€™s misguided fixation on genitals as the basis for one€™s gender identity.

    €œIt€™s based on an arbitrary distinction that says there are two and only two sexes,€ she said. €œIn reality the diversity of nature is such that there are more than just two, and people who seem to belong to one of the designated sexes may really belong to the other.€
    Retired the top 12.  Need a new dirty dozen.  

    Update: The new list is coming together: Nong Poy, Anita, Nok, Gif, Liisa Winkler, Kay, Nina Poon.  Is it possible to find 5 more?  Until then, GGs:  Jessica Alba, Yuko Ogura, Zhang Ziyi, Maggie Q, and Gong Li.

  • #2
    By the way, don't take it the wrong way - I live in California, I like SF, but I think SF and its neighbors tend to be over-the-top liberal. Though I despise him as President, I think George Bush would be a good mayor for them.

    But NYC - what the hell? It just sounds like a recipe for serious litigation that really benefits nobody but the lawyers. Then again, I strongly prefer a strict separation between pussy and dick. Maybe I'm biased. But I doubt I'm wrong.

    POL
    Retired the top 12.  Need a new dirty dozen.  

    Update: The new list is coming together: Nong Poy, Anita, Nok, Gif, Liisa Winkler, Kay, Nina Poon.  Is it possible to find 5 more?  Until then, GGs:  Jessica Alba, Yuko Ogura, Zhang Ziyi, Maggie Q, and Gong Li.

    Comment


    • #3
      Separating anatomy from what it means to be a man or a woman, New York City is moving forward with a plan to let people alter the sex on their birth certificate even if they have not had sex-change surgery.

      Under the rule being considered by the city€™s Board of Health, which is likely to be adopted soon, people born in the city would be able to change the documented sex on their birth certificates by providing affidavits from a doctor and a mental health professional laying out why their patients should be considered members of the opposite sex, and asserting that their proposed change would be permanent.

      Applicants would have to have changed their name and shown that they had lived in their adopted gender for at least two years, but there would be no explicit medical requirements.

      €œSurgery versus nonsurgery can be arbitrary,€ said Dr. Thomas R. Frieden, the city€™s health commissioner. €œSomebody with a beard may have had breast-implant surgery. It€™s the permanence of the transition that matters most.€

      If approved, the new rule would put New York at the forefront of efforts to redefine gender. A handful of states do not require surgery for such birth certificate changes, but in some of those cases patients are still not allowed to make the change without showing a physiological shift to the opposite gender.

      In New York, the proposed change comes after four years of discussion among health officials, an eight-member panel of transgender experts and vital records offices nationwide. It is an outgrowth of the transgender community€™s push to recognize that some people may not have money to get a sex-change operation, while others may not feel the need to undergo the procedure and are simply defining themselves as members of the opposite sex. While it may be a radical notion elsewhere, New York City has often tolerated such blurring of the lines of gender identity.

      And the proposal reflects how the transgender movement has become politically potent beyond its small numbers, having roots in the muscular politics of the city€™s gay rights movement.

      Transgender advocates consider the New York proposal an overdue bulwark against discrimination that recognizes an emerging shift away from viewing gender as simply the sum of one€™s physical parts. But some psychiatrists and doctors are skeptical of the move, saying sexual self-definition should stop at rewriting medical history.

      €œThey should not change the sex at birth, which is a factual record,€ said Dr. Arthur Zitrin, a Midtown psychiatrist who was on the panel of transgender experts convened by the city. €œIf they wanted to change the gender for all the compelling reasons that they€™ve given, it should be done perhaps with an asterisk.€

      The change would lead to many intriguing questions: For example, would a man who becomes a woman be able to marry another man? (Probably.) Would an adoption agency be able to uncover the original sex of a proposed parent? (Not without a court order.) Would a woman who becomes a man be able to fight in combat, or play in the National Football League? (These areas have yet to be explored.)

      The Board of Health, which weighs recommendations drafted by the Department of Health and Mental Hygiene, is scheduled to vote on the proposal in December, and officials say they expect it to be adopted.

      At the final public hearing for the birth certificate proposal last week, a string of advocates and transsexuals suggested that common definitions of gender, especially its reliance on medical assessments, should be abandoned. They generally praised the city for revisiting its 25-year-old policy that lets people remove the sex designation from their birth certificate if they have had sexual reassignment surgery. Then they demanded more freedom to choose.

      Michael Silverman, executive director of the Transgender Legal Defense and Education Fund, said transgender people should not have to rely on affidavits from a health care system that tends to be biased against them. He said that many transgender people cannot afford sex-change surgery or therapy, and often do not consider it necessary.

      Another person who testified, Mariah Lopez, 21, said she wanted a new birth certificate to prevent confusion, and to keep teachers, police officers and other authority figures from embarrassing her in public or accusing her of identity theft.

      A few weeks ago, at a welfare office in Queens, Ms. Lopez said she included a note with her application for public assistance asking that she be referred to as Ms. when her turn for an interview came up. It did not work. The woman handling her case repeatedly addressed her as Mister.

      €œThe thing is, I don€™t even remember what it€™s like to be a boy,€ Ms. Lopez said, adding that she received a diagnosis of transgender identity disorder at age 6. She asked to be identified as a woman for this article.

      The eight experts who addressed the birth certificate issue strongly recommended that the change be made, for the practical reasons Ms. Lopez identified. For public health studies, people who have changed their gender would be counted according to their sex at birth.

      But some psychiatrists said that eliminating identification difficulties for some transgender people also opened the door to unwelcome advances from imposters.

      €œI€™ve already heard of a €˜transgendered€™ man who claimed at work to be €˜a woman in a man€™s body but a lesbian€™ and who had to be expelled from the ladies€™ restroom because he was propositioning women there,€ Dr. Paul McHugh, a member of the President€™s Council of Bioethics and chairman of the psychiatry department at Johns Hopkins University, wrote in an e-mail message on the subject. €œHe saw this as a great injustice in that his behavior was justified in his mind by the idea that the categories he claimed for himself were all €˜official€™ and had legal rights attached to them.€

      The move to ease the requirements for altering one€™s gender identity comes after New York has adopted other measures aimed at blurring the lines of gender identification. For instance, a new shelter policy approved in January now allows beds to be distributed according to appearance, applying equally to postoperative transsexuals, cross-dressers and €œpersons perceived to be androgynous.€

      The Metropolitan Transportation Authority also agreed last month to let people define their own gender when deciding whether to use the men€™s or women€™s bathrooms.

      Joann Prinzivalli, 52, a lawyer for the New York Transgender Rights Organization, a man who has lived as a woman since 2000, without surgery, said the changes amount to progress, a move away from American culture€™s misguided fixation on genitals as the basis for one€™s gender identity.

      €œIt€™s based on an arbitrary distinction that says there are two and only two sexes,€ she said. €œIn reality the diversity of nature is such that there are more than just two, and people who seem to belong to one of the designated sexes may really belong to the other.€

      http://www.nytimes.com/2006....d=print
      "Snick, You Sperm Too Much" - Anon

      Comment


      • #4

        Comment


        • #5
          POL, you dramatically simplify it.

          They need affidavits from a doctor and mental health professional. If you look at DSM-IV for standards of care for transgenders, this implies things like living in the "opposite" gender for 1 year, and lots and lots of psychological assessments. Meaning, you can't do this on a whim, like "Saturday I am feminine, Sunday I am masculine." You'd have to be pretty damn serious.

          With zero doubt, May, my girlfriend, who never wants to be post-op, and who is forever feminine, would dearly love to not have to check that stupid box called "Male" in immigration forms, University forms, and any other form. It is so degrading, you cannot imagine it.

          This seems like the best law ever done in the NYC.

          Comment


          • #6
            This seems like the best law ever done in the NYC.
            I seriously doubt this. Simply trusting docs and shrinks to say "this person, with a penis, is a woman and shall have all the rights and accommodations afforded to women" won't do anything about how the rest of society perceives the situation. For that, the trust of society has to be earned both by the arbiters and the transgendered person.

            The article mentions the strawman case of restrooms, but there are far more codified distinctions, just starting with the range of gender-specific systems for everything from entitlements to corrections. TS women and men already have a hell of a time, granted, and those that aren't passable are really farked, no matter whether they have had SRS or not. For these people, the response is because their self-identification seems incorrect given their appearance. For the passable ones, the response is most likely based on a perception of violated trust.

            However, SRS is the kind of thing that one truly cannot go back from. Any other TS status is indistinguishable from temporary. Therefore, permanence is key for the social matter of trust. I think social response will be that that trust has to be earned in some way, and that changes in self-identification are not merely a matter of convenience.

            So, frankly, I think they've failed to offer any kind of proof of permanence. Because of that, I think they've failed to deliberate sound policy, and for that I think they're stupid.

            POL
            Retired the top 12.  Need a new dirty dozen.  

            Update: The new list is coming together: Nong Poy, Anita, Nok, Gif, Liisa Winkler, Kay, Nina Poon.  Is it possible to find 5 more?  Until then, GGs:  Jessica Alba, Yuko Ogura, Zhang Ziyi, Maggie Q, and Gong Li.

            Comment


            • #7
              To say that anything but post-op identifies feminine gender is comletely insulting and just plain wrong.

              The decision to chop or not is personal and has nothing to do with wanting to be 'temporary'.

              Comment


              • #8
                It's rather discomforting, but I agree with Ziggy!

                The physical requirements and expectations of gender HAVE TO BE second to the emotional requirements.

                My friend Kui has been living all her life as a girl and it's an inconvenience and an occasional embarrasment writing 'Male' on any paperwork she might encounter. Should she suffer the indignation, cost and pain of having to chop off her genitals to make the point that she is living as a woman and would like to be treated (or more importantly accepted) as one?

                While we are stuck with only having the two options to choose from people should have the option to live their lives as whatever gender they choose without having to mutilate their bodies to accomodate the law and it's bizarre and ignornat interpretation of what does and does not constitute either sex.

                It's almost Victorian to suggest that we will award people the sex of their choice only if they make the appropriate physical sacrifice!

                For true equal treatment there should always be three options when asked about your sex... Male, Female, or None of your beezwax!

                Comment


                • #9
                  Agree.

                  As the vast majority by a long shot, do not get chopped, then POL, you are suggesting all those girls photos on this forum, and the thousands upon thousands in Thailand are temporary, or changing your words to what I think you really mean, "fake" women imposters.

                  Comment


                  • #10
                    (ziggystardust @ Nov. 08 2006,05:35) To say that anything but post-op identifies feminine gender is comletely insulting and just plain wrong.

                    The decision to chop or not is personal and has nothing to do with wanting to be 'temporary'.
                    Dude, you clearly didn't bother to respond to anything I said.

                    In fact, you weasel out of a response by inaccurately portraying what I said as "anything but post-op..." - obviously GG is feminine...

                    I think you're lazy and incompetent in this argument. Either respond to what I said or just admit that you don't really care.

                    POL
                    Retired the top 12.  Need a new dirty dozen.  

                    Update: The new list is coming together: Nong Poy, Anita, Nok, Gif, Liisa Winkler, Kay, Nina Poon.  Is it possible to find 5 more?  Until then, GGs:  Jessica Alba, Yuko Ogura, Zhang Ziyi, Maggie Q, and Gong Li.

                    Comment


                    • #11
                      (ziggystardust @ Nov. 08 2006,19:18) Agree.

                      As the vast majority by a long shot, do not get chopped, then POL, you are suggesting all those girls photos on this forum, and the thousands upon thousands in Thailand are temporary, or changing your words to what I think you really mean, "fake" women imposters.
                      Again, your response is accusatory, inaccurate, illogical, and imprecise.

                      Try again.

                      POL
                      Retired the top 12.  Need a new dirty dozen.  

                      Update: The new list is coming together: Nong Poy, Anita, Nok, Gif, Liisa Winkler, Kay, Nina Poon.  Is it possible to find 5 more?  Until then, GGs:  Jessica Alba, Yuko Ogura, Zhang Ziyi, Maggie Q, and Gong Li.

                      Comment


                      • #12
                        (stogie bear @ Nov. 08 2006,07:11) It's rather discomforting, but I agree with Ziggy!

                        The physical requirements and expectations of gender HAVE TO BE second to the emotional requirements.

                        My friend Kui has been living all her life as a girl and it's an inconvenience and an occasional embarrasment writing 'Male' on any paperwork she might encounter. Should she suffer the indignation, cost and pain of having to chop off her genitals to make the point that she is living as a woman and would like to be treated (or more importantly accepted) as one?

                        While we are stuck with only having the two options to choose from people should have the option to live their lives as whatever gender they choose without having to mutilate their bodies to accomodate the law and it's bizarre and ignornat interpretation of what does and does not constitute either sex.

                        It's almost Victorian to suggest that we will award people the sex of their choice only if they make the appropriate physical sacrifice!

                        For true equal treatment there should always be three options when asked about your sex... Male, Female, or None of your beezwax!
                        Ideally, yes, I agree, but in practice that's not going to happen.

                        Look at the situation for so many other kinds of things that arise genetically. We now have, in the US, racial categorizations that started out as "White, Black", then became "White, Black, Indian", then became "White, Black, Indian, Asian, and one of 19 kinds of Mexican" (I'm joking - it's something like 7 kinds of Latino).

                        Now, where does that get us? It's debatable. Maybe it advances us a little in terms of knowing how different demographics are faring, maybe it doesn't. It has some utility from a public health standpoint, since we can better track epidemics and environmental problems within demographics. Socio-economic resources are perhaps targeted a little more accurately, but the effectiveness is still under debate.

                        Now, for TS women - what does "none of your beeswax" achieve per the framework I suggested? Well, it would be nice, but the problem is that already M/F is considered to be important to a lot of people and a lot of social infrastructure is built around that.

                        I think that the ideals of our small community aren't going to get very far, and I think it's important to understand why.

                        How does this work in practice in Thailand, out of curiosity? For instance, what happens when LBs use women's restrooms? Any problems? Would you have much knowledge on their real responses? I could imagine that as none of us goes in there, and responses can be selective, that there would be an under-reporting of problems. Similarly, the prison situation - pre and post-op - to women's? Men's? These are just the beginning considerations. As I understand it, changing their passport, getting married, etc., are still impossible, even post-op.

                        I think that Japan may be the farthest along on recognition of pre-ops. I think that they allowed changing of gender on the public registry about the time that Aya Kamikawa was elected to office. My memory is vague, though. Aya was a pre-op, and she might still be.

                        So, it's one thing to say what ideals people have, but whether you can get society to recognize them depends on what you believe society can handle. I'm not convinced of the arguments so far.

                        POL
                        Retired the top 12.  Need a new dirty dozen.  

                        Update: The new list is coming together: Nong Poy, Anita, Nok, Gif, Liisa Winkler, Kay, Nina Poon.  Is it possible to find 5 more?  Until then, GGs:  Jessica Alba, Yuko Ogura, Zhang Ziyi, Maggie Q, and Gong Li.

                        Comment


                        • #13
                          Now, where does that get us?
                          I think it gets us Tiger Woods! Him and I never did figure out what he was exactly!

                          I think your pushing it a bit by saying first there was black then asian then latino! There have always been these distinct groups of race!

                          But back to gender...

                          The points against this new legal proposal in New York City are of course problems, but that's all they are. The biggest problem is just denying the existance of third sex people and labelling them as what their physical characteristics tell us they are.

                          There are as many different sexualities as there are people on the planet and the sad truth is they have only got two pots to piss in! That seems to be working OK at the moment and has done in the past, but with people not afraid to live their lives as their hearts tell them rather than what the contents of their pants tell them then things will get harder for society to adapt to transsexuals unless we make a start now.

                          Your initial point is that you believe that a transsexual can only truly be 'legally' female if they opt to have a fake vagina. I disagree with that.

                          If you live as a woman 24/7 then you are a woman regardless of how many fingers and toes you have!

                          Comment


                          • #14
                            Hey Stogie, regarding race, I was just referring to what I know about the race-based laws that existed, first as a means of discrimination and later as a means of affirmative action.

                            Right now, I'm thinking that science has a lot of catching up to do, or else science education has a lot of catching up. I think the best argument for assorted rights for gays, for instance, is that they can point to innumerable studies that show genetic predisposition and neurological differentiation. That helps a hell of a lot, since it makes human variation comprehensible as a natural phenomenon. They've also demonstrated that there isn't any viable "treatment" (the argument is so effective, in fact, that treatment seems practically taboo now).

                            For the transgendered population, the evidence is less well presented, I think. Treatment (I would say "treatment", but it's not an abstract topic or matter of opinion - there are valid and specific treatments that psychiatrists and others have defined) is currently specified and generally believed to be successful, both by practitioners and recipients.

                            So, where does that leave the non-op crowd? In a serious rut, probably.

                            Again, back to the issue of social acceptance and the decisions of arbiters. For the post-op crowd, it has taken 6 or more decades to get legal recognition throughout most of the world. For the non-op crowd, I don't think that there are currently any recognized arbiters that society would trust regarding specifying gender and the non-utility of treatment.

                            POL
                            Retired the top 12.  Need a new dirty dozen.  

                            Update: The new list is coming together: Nong Poy, Anita, Nok, Gif, Liisa Winkler, Kay, Nina Poon.  Is it possible to find 5 more?  Until then, GGs:  Jessica Alba, Yuko Ogura, Zhang Ziyi, Maggie Q, and Gong Li.

                            Comment


                            • #15
                              It seems to me POL you're avoiding the basic question Stogie and I are asking, namely, you (not laws in the US or elsewhere) have an opinion that a pre-op is not feminine, or at least, not to the degree that a post-op is. We, aggressively, disagree, based on our experience, and what our girlfriends tell us. The chop has nothing to do with being "more" feminine, where gender is a pschological feeling, not a physical one.

                              As for some of your side-notes, I am not aware of any "treatment" that "fixes" transgenders. In fact, from everything I've read, the opposite is true with the John/Joan case being the most public.

                              As a complete side-note, on Japan, where I've lived most of this year, nothing could be further from the truth saying Japan is advanced in transgender acceptance. Transgenders are very much underground in Japan, although it is one of a few that has laws permitting Japanese passport holders to change gender (as does the UK, USA, Spain and a few other countries).

                              Comment



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