Insurers struggle to justify the sex discrimination of legally mandated “transgender care” while surgical providers continue to decline
October 30, 2014
Less than 50 physicians worldwide are willing to provide transgender surgical “sex reassignment” or “sex change” procedures, and as the few existing practitioners retire, no one is replacing them. Modern cosmetic and reconstructive surgeons at large are opting not to do these procedures, even when they are state mandated and funded.
Now, insurers are struggling to fulfill state mandates covering transgender surgical procedures for men that are excluded for women based on sex discrimination. Transgender state medical mandates pushed by lobbyists insist that procedures such as breast implants and “face lifts” are medically necessary for men who wish to look more like women, while denying coverage for those same procedures to actual women. Transgender advocates have successfully lobbied for such government provided “care” on the grounds that without such procedures men may become depressed or abuse alcohol or other substances, and that such men have a state-protected right to avoid being mocked or socially ostracized for their appearance. Males must declare a “transgender identity” to receive coverage.
From the Boston Herald:
Four months after the state Division of Insurance put health plans on notice that denying medically necessary treatment to transgender people is prohibited sex discrimination, insurers are still grappling with what constitutes medical necessity, and patients are struggling to find doctors who’ll treat them.
“We were concerned people were having to go all over the country for this surgery,” Dr. Joel Rubenstein of Harvard Pilgrim Health Care said yesterday at a Division of Insurance informational session. “We’re hopeful somebody would step up to put together the surgical piece so it could all be in one place.”
On the other hand, he said, Harvard Pilgrim does not want to approve procedures such as facial feminization for transgender people if those procedures would be considered merely cosmetic for other people.
But Ruben Hopwood of Fenway Health said facial feminization is not about wanting a “cuter nose.” A transgender person’s appearance is more likely to be the difference between getting a job or not getting one, and walking down the street unafraid or being attacked, Hopwood said.
Getting the proper treatment also can save money that might otherwise be spent on treatment for alcohol or substance abuse or depression, said Pam Klein, a nurse at Boston Health Care for the Homeless.
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September 8, 2014
In the UK, Children as young as three years of age are now being admitted to state medical clinics for “corrective treatment” of sex-role noncompliance, with the aim of upholding social norms of gender and to prevent the development of “visibly transgendered” adults. Such treatments involve administration of drugs which halt normal child development (“Puberty Blockers”) followed by the lifetime administration of cross-sex hormones, resulting in sterilization. In the US, the first federally-funded state eugenics program in over thirty years will be launched in Oregon on October 1, 2014, specifically targeting pre-pubertal children deemed by parents and providers to be “transgender”. Surgeons now routinely perform complete “Sexual Reassignment Surgeries”: removing the genitals and reproductive systems of children as young as sixteen.
The following are excerpts from an interview featured in this month’s issue of LGBT Health Journal, discussing the “Current Practice and Future Possibilities” of sterilized transgender children:
“Dr. Eyler: So there are treatments for trans adults who want to become parents. Would the two of you like to discuss the needs of transgender youth, particularly children who may not complete pubertal development in the natal sex, and possibilities for future fertility for them?
Dr. Pang: My experience has been only with postpubertal individuals. The youngest transgender person whom I have treated was 22 years old, so I do not have any experience with children who are either early postpubertal or prepubertal. I think that more transgender young people are becoming interested in potentially being parents. Last year, I was contacted by the mother of a transgender teenager, a 15-year-old transgender son. Her son is interested in fertility preservation; they had questions so I explained to them what it would involve. The technologies that I have to offer are useful only for postpubertal youth, such as someone his age, but I am sure that you, Anderson, might have ideas about how to help prepubertal children.
Dr. Clark: In the trans community, more and more trans youth are being treated at younger ages, such as at Dr. Norman Spack’s clinic at Children’s Hospital in Boston. Some gender variant children are treated with puberty suspending medications, GnRH analogs, similar to the treatment of children who are experiencing precocious puberty. This keeps them from going through the full puberty of the birth sex, spares them from developing secondary sex characteristics that are misaligned with their psychological gender, and gives them some time to mature.
Dr. Eyler: Cognitively and emotionally.
Dr. Clark: Yes, to be able to decide, when they get older, whether they want to medically transition. Some gender variant children are not actually transsexual or transgender as such, and will eventually decide to stop treatment and experience the puberty of the birth sex. Others, with the support of their parents and clinical team, find that they need cross-sex hormone treatments to proceed with the puberty that is aligned with their gender.
The Endocrine Society Guidelines1 support puberty-suppressing treatment beginning as early as Tanner (sexual maturity rating) stage 2, so this can precede significant hormonal and sexual development. Some adolescents, therefore, don’t develop the ability to produce viable gametes (eggs and sperm). Adolescent trans girls may lose fertility from estrogen treatment, even if they developed the ability to produce sperm before this was started. When they reach the age of majority, trans youth may also proceed with gender-affirming surgery that includes removal of the gonads.
For children and young adolescents, it is often the parents who are thinking about future reproductive capacity, because they would like the possibility of grandchildren, and because they are looking after the future interests of their children. When I speak at community conferences, they often come to ask about reproductive options for their children.
Dr. Eyler: Yes, and as a biologist, you are prepared to discuss the significance of the gametes not maturing and what future reproduction might involve.
Dr. Clark: Yes. The most applicable research has been performed on behalf of children who are treated for cancer and are rendered infertile. The Society for the Preservation of Fertility focuses on the needs of both postpubertal and prepubertal youth who may experience sterility from cancer treatments.
July 15, 2014
Originally posted on Privilege Denying Tranny:
In what world can a politician graphically describe a journalist being the crusty “smegma” inside of a m2t’s neo-vag, actively campaign to get said journalist ‘no platformed’ at speaking engagements, publicly state that he thinks men should flout the laws of the country he’s sworn to up hold as a politician in order to procure black market estrogen and not get called out for it? Well a S.C.A.M. of course!
Enter in the sucking black hole that is Sarah Brown. After a crushing defeat by the labor party in the UK’s recent election cycle, Brown has found himself out of a job. And what do men do when they loose? Lash out at anyone and everyone possible, while simultaneously building a case why they’re not responsible for their own actions.
“Aunty” Sarah has been constructing an argument that “Terfs” have been “hounding him” to have a nervous breakdown over the…
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Denver State Women’s Wellness Center now to offer cervical cancer screenings to men who feel like they are female
April 3, 2014
“DENVER — A state-run women’s wellness program now provides breast and cervical cancer screenings for transgender women, announced the Colorado Department of Public Health and Environment Wednesday.”
Since sexism no longer matters, plaintiffs try using “gender identity” to win relief from sexist injury
August 12, 2013
“I lean more towards the feminine spectrum, but I do ovulate between masculine and feminine. It just depends on the day, girl!” – B. Scott, explaining his gender suit.
There was a time when lawyers filed actions against individuals and organizations that discriminated against their clients based on sex. Some of these cases involved damages caused by institutions or officials who illegally discriminated via enforcement of sexist stereotypes. These cases were usually brought on behalf of women. Examples include women who were not promoted due to their failure to exhibit ritualized behaviors of submission not required of their male coworkers , women who were required to don sexualized uniforms and maintain specific, expensive (unpaid) time-consuming body grooming and face-painting regimes as a condition of workplace readiness not required of male co-workers.
These lawsuits were filed on the grounds that sex-stereotyping is discriminatory against women, and when institutionally or officially enforced, illegal.
The current age of profound political backlash against the rights of women has resulted in a reinvigoration of state, official and institutional codification of sexual stereotypes (“gender”) as a legally protected form of discrimination now framed as a personal belief or “faith”. As such, sex discrimination has been re-classified as a state-protected institutional and personal “value”.
The new form of sex-based discrimination has elevated the sex-stereotype to a protected legal category that eclipses sex itself. Claims of sex discrimination are now opposed by the new protected “right to believe in” sex discrimination. This new protected form of sex stereotyping is called “gender” or “gender identity”. The legal creation of “Gender Identity” is identical to the old form of discriminatory sex stereotyping except that it now protects and codifies the “right to stereotype” while providing limited recourse against sex discrimination to individuals that publicly, formally pledge belief in sex stereotypes. Examples include statutes which allow males to displace females in state education Title IX sports programs on the basis that the males believe themselves to possess thoughts, feelings, and behaviors sex-stereotyped as female.
What then will become of those claims formerly filed under now eliminated sex discrimination protections? Two recent actions provide us with a clue.
Fashion pundit and femme gay male internet personality B.Scott filed a 2.5 million dollar lawsuit against Viacom and the BET cable network last week after an incident which took place during his July appearance on the pre-show for the BET Awards. Scott claims he was pulled off the air and told his clothing did not adhere to the company’s sex-based dress policy. He states that he was forced to change outfits to one that BET producers deemed appropriate for males based on sex-stereotypes. These actions resulted in alleged damage to Scott’s reputation due to an interruption of his performance, wrongful termination, loss of income, and emotional distress due to the unlawful infliction of discriminatory wardrobe policies based on sex. However since sex-stereotyping is now a protected legal category Scott’s attorney recommended filing suit on the basis of “Gender Identity” discrimination. One problem: Scott has no record of ever making public pledge or testimony of a personal transgender belief or “identity”. On the contrary, Scott has always maintained a strong pride in himself as a flaming gay man. As part of his lawsuit, Scott was forced to make a public statement adopting a personal “gender identity” and proclaiming himself to be transgender.
“Over the years my love muffins and strangers alike have questioned me about my gender identity. What IS B. Scott? As a society we’ve been conditioned to believe that a person has to be ‘exactly’ this or ‘exactly’ that. Biologically, I am male — as my sex was determined at birth by my reproductive organs.
However, my spirit truly lies somewhere in between. It is that same spirit that has allowed me to become so comfortable in my skin, choose how I express myself, and contributes to how I live my day-to-day life.
Transgender is the state of one’s gender identity (self-identification as woman, man, neither or both) not matching one’s assigned sex (identification by others as male, female or intersex based on physical/genetic sex). [source]
It is by that definition that I accept and welcome the ‘transgender’ label with open arms.
It is also by that definition that BET and Viacom willingly and wrongfully discriminated against my gender identity during the 2013 BET Awards Pre-Show.”
B.Scott’s announcement did not sit well with many in the transgender community who disputed the authenticity of his newly declared protected gender beliefs. Longtime trans activist and Transgriot blogger Monica “Fishy” Roberts (who believes he is female and refers to his penis as a “six inch neo-clitoris”) tweeted “When B Scott starts taking hormones and calling himself Brittany (or another femme name starting with ‘B’) and declares he’s transitioning then I’ll consider him part of Team Trans.”
Roberts and others rightfully observe that Scott’s sudden public testimonial of his newly adopted Gender Identity beliefs appears insincere and mercenary. However unlike an individual who suddenly proclaims Judaism to access a protected legal right to compel an employer to give them the day off for Passover, the protected legal category of Gender Identity requires no evidence of authenticity. Duration of belief, performance of rituals, membership in a faith affinity group are objective criteria used to parse self-declared legally protected personal belief identities. Gender Identity requires no such objective criteria. Anyone can claim it at any time, even retroactively, purely on the basis of personal report of one’s feelings. Gender Identity offers legal protection to anyone who is willing to declare at any time that they:
- possess intellectual, psychological or behavioral characteristics which fail to conform to social stereotypes based on reproductive sex,
-believe such non-reproductive traits are inextricably caused by reproductive biology,
-draw the conclusion that reproductive biology itself is therefore not objectively observable.
This new protective legal status for “sex-deniers” has undermined, if not removed, the grounds for claims based on sex discrimination, or at least provided cover for the lack of political will to enforce anti-discrimination claims of women, who are overwhelmingly the victims of such sex discrimination. It is little wonder that femme gay man Scott decided not to pursue remedy via sex-discrimination suit although that is obviously what he was a victim of if his account of events is factual.
Instead of asserting his right to dress as he wished regardless of sex, Scott’s representatives found it more advantageous in this legal environment to argue that Scott’s right to wardrobe hinged on his self-concept of himself as reproductively (partially) female.
In Quebec last month, management consultant and butch lesbian Tommi Sojourner filed a Judicial complaint on the grounds of “Gender Identity” after an incident of apparent sex-based harassment that occurred in a bizarre courtroom exchange with a judge who insisted on referring to the claimant as male over and over and over again, even after correction by Sojourner and opposing counsel over a dozen times. Sojourner, who does not perform femininity, expressed that being repeatedly referred to as male – after multiple corrections- based on her failure to conform to female sex-stereotypes was insulting, sexist, and deliberately harassing. Further, she alleges that her case was not given an objective hearing due to judicial bias based on her sex-role nonconformity. This is sex discrimination. It is discriminatory for a judicial official to insist that a woman is actually a male due to the fact that she fails to conform to sex-based stereotypes of dress and behavior and it is harassment to continue to do so after being corrected more than a dozen times.
Sojourner’s claim rests on the fact that she is not transgendered. If she was a genderist she would have been well pleased by the judge’s repeated cross-sex identification of her, based on sex-stereotypical norms. Regardless, in the post-sex legal landscape where “sex-denial” is itself a protected category, her attorney thought it expeditious to utilize a Gender Identity claim vs. a sex discrimination case. By this erasure Sojourner was not discriminated against as a woman based on sex, or as a lesbian, but on the dis-acknowledgement of her own personal free-floating self-concept of herself as (like Scott) inhabiting “femaleness“.
If sex does not exist, sex discrimination does not exist. Class-action litigation based on sex does not exist.
With the elimination of the legal category of sex and the removal of sex-stereotyping as an actionable wrong, litigants have no choice but to seek protection under “Gender Identity” on the basis that formerly discriminatory (now protected) sex-stereotypes are being incorrectly applied to them based on personal testimony of their self-reported, objectively unobservable, sex reproductive “self-concept”.
This is legal political feminist backlash circa 2013.
File this one under “unintended consequences” for Lesbians, Gays, and Women’s Rights advocates living in Ontario. MPP Cheri DiNovo announced Friday that bill C-389, “Toby’s Act”, the 2012 bill she sponsored which intended to protect the rights of transgender persons, actually makes all same-sex gatherings illegal in the province. This will come as some surprise to many lesbians and gays who often exercise their rights to assemble freely in meetings, conferences, and social groups with other same-sex persons. In addition, DiNovo claims the right of Ontarian women to assemble in any same-sex gatherings: whether they be reproductive rights orgs, Islamic faith gatherings, or lesbian support groups- has been eliminated by her bill. She has appealed to the Ontario Human Rights Council to back up her legal position.
DiNovo made her announcement in response to male complaints surrounding a small group of feminists holding a female-only meeting in a Toronto art gallery. DiNovo characterized same-sex meetings as “reprehensible” and vowed to use Toby’s Act to eliminate and prosecute current and future same-sex gatherings of women or lesbians in the province. “I’m hoping that now under Toby’s law, this will be considered illegal.”
Somehow I doubt this was the intent of the women, lesbians and gays who supported DiNovo and the passage of Toby’s Act. Like Washington State’s Colleen Francis using that state’s non-discrimination act to exercise his “right” to expose his penis to schoolgirls in women’s locker rooms, Toby’s Act had the unintended consequence of eliminating the rights of women, gays, lesbians, muslims, feminists, to hold same-sex gatherings. Presumably this also eliminates the rights of transgender people to assemble in sex-segregated meetings, although DiNovo has not yet clarified that point. Planned Parenthood Toronto sponsored “Breaking Through The Cotton Ceiling” seminars for transgenders to strategize how to convince lesbians to accept sex with penises. The “cotton ceiling” in that case referred to the underwear of lesbians. These public meetings were restricted to male transgenders only.
Canada faces another set of unintended consequences with Bill C-279, the Federal Gender Identity Act, which is set for a vote in the next legislative session. This bill, like Toby’s Act, purports to eliminate discrimination based on “Gender Identity”, which is the right to identify with the social role of the opposite sex. Obviously this proposed new legal “sex-role” status is problematic for those – such as feminists and progressives- who believe stereotypes based on sex are antiquated, sexist, offensive, (not to mention they sanction inequality for women and girls). Many feel the government should not promote the belief that citizens should look/behave/think certain ways based on our reproductive sex (or our identification with the opposite sex). But what are the other, specific, legal consequences of Bill C-279, which like the erosion of women’s and gay rights to assemble caused by DiNovo’s Toby’s Act, might not become apparent until after the law is passed?
According to Senator Nancy Ruth, the first lesbian Senator in Canada, we already know what some of the unintended consequences of Bill C-279 will be. From the DailyExtra:
“Women and girls in Canada are not protected from hate speech under the Criminal Code, and this bill does not rectify that when it could,” Ruth said.
“For 35 years, across numerous bills, Parliament has told the girls and women of Canada that, despite alarming rates of violence against girls and women, violence that typically includes hate speech, they are not worthy of protection,” she explained.
“The omission is not an oversight. In 1985, the federally appointed Special Committee on Pornography and Prostitution said that there was ‘ample evidence’ indicating women were the targets of hate material. The committee recommended that the Criminal Code hate laws be amended to extend protection to women, but no Parliament has done that. Why? I have spoken before in this chamber about this gap in the law,” she continued.
“This bill will privilege men who choose to become women over women who are born female,” Ruth said. “While I do not question the good intentions of the sponsor and the supporters of the bill, I simply do not understand how they could advance this bill without including all women. Passage of Bill C-279 will mean that only if a woman is born a man who later chooses to identify as a woman will she receive protection, but a woman born a woman will not receive the same protection.“
Senator Ruth has proposed an amendment to Bill C-279 which simply maintains “sex” as a protected status along with “gender identity”. This will prevent sex-based protections for women from being eliminated by Bill C-279, in the way that Toby’s Act inadvertently eliminated the legal rights of women and lesbians to free assembly.
Women of Canada must not lose human rights in order to protect the rights of transgender people, due to sloppy lawmaking. The battle to reclaim women’s human right to assemble- that DiNovo claims was lost by the passage of Toby’s Act- will now start its long winding legal trail towards correction, after the fact. With Bill C-279 we have an opportunity to correct an unintended consequence before it occurs, and we have a lesbian Senator making a stand for our rights, right now. Do not leave her standing alone. She needs your support on this issue. Please organize to support Senator Ruth’s amendment now. Create awareness of the issue among women’s groups and legislators. Write letters to the editor. Contact her office and ask what you can do to help.
Let us protect the rights of all Canadians. Including the rights of Women and Girls.
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