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Wednesday, 20 January 2010

A Legal one for the Reference Library

If I were to set up a centre for dealing with transsexuality and intersex conditions, I'd have 5 separate people. First, a GP who would do the initial intake and diagnosis and deal with ongoing care day to day. Secondly, a Psych who would not just do assessments, but act as a "professional, experienced Best Friend" to help the patient through crises. Third, an endocrinologist, who'd be the prime health care member of the team. Fourth, a reconstructive surgeon, to help discuss treatment options.

And finally... a lawyer. Because so many of the problems trans and intersex people face are due to them not fitting the unchangeable, strict binary definition of sex in the eyes of the law.

Weiss, J.T. (2009). Transgender Identity, Textualism, and the Supreme Court: What Is the "Plain Meaning" of "Sex" in Title VII of The Civil Rights Act of 1964? Temple Political and Civil Rights Law Review, 18, 573-649.

Abstract: The Supreme Court, if it is true to conservative "textualist" jurisprudence, will recognize that the prohibition of sex discrimination in the Civil Rights Act of 1964 covers discrimination against transgender persons.
In which are quoted, inter alia, Sigmund Freud, Judith Butler, Thomas More, and Sherlock Holmes. (OK, Sir Arthur Conan-Doyle if you want to be picky).

This one's worth reading as an "Interesting URL" in its own right.
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2 comments:

  1. LaserlightThursday, January 21, 2010 4:57:00 am

    The world being what it is, I'd add "security" and "public relations" to that list.

    However, I'm a few million short on having the budget to implement such a center. So we'll look at baby steps first. What would you suggest as the first practical steps in locating and providing for someone local who needs support / protection? That question is mainly for Zoe but if anyone else wants to send your 2cents worth, please do: laserlight at verizondotnet.

    ReplyDelete
  2. WSR PhotographyFriday, January 22, 2010 6:04:00 am

    I agree except with one person. You don't need an endocrinologist if your primary care physician is experienced with trans and/or intersex people. They can easily do both duties, as some already do in the US. Otherwise, I'm ok with it, but who's going to pay for it? I'm for making it part of basic health insurance coverage so the center is funded by patients, but that's not what is the view in the US as it's not covered by major plans and only by employers who see the value of employees.

    As for the legal issue, that's been former Senator Bill Bradley's view all along, put LGBT people under the Civil Rights Act with all other minorities, and you don't need ENDA or other special laws and you won't get the political flak from the conservatives about special rights and protections. The courts in the US are moving that way, at least for post-transistion (or legally recognized) men and women with recent decisions.

    ReplyDelete

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