Transamerica (2005) – a Golden Globe Award-winning and Academy Award-nominated independent comedy-drama - is one of the first mainstream movies to look at the practical problems faced by a pre-operative transgender woman.While we now have books and court decisions on "transgender rights," maybe we need a bit of guidance on terms and issues. Here is an introduction on Trans Law 101 by Prof Douglas Sanders._________________________________________________________
“Transgender” started to be used in the 1990s as an ‘umbrella’ term covering transvestites, transsexuals and others whose behaviour fell outside the Ken and Barbie standard-brand images of males and females. It does not include all gays and lesbians. And it does not include intersexuals.
[PIC]The term “transsexual” refers to individuals who identify as members of the “opposite” sex. They go further than simply choosing clothing and hairstyles that give them an androgynous appearance, or a “butch” or “fem” look. They may cross-dress much or all of the time. They may go further and seek some bodily change by hormones or surgery. And they may seek sex reassignment surgery (SRS).
Sex reassignment surgery started to become generally available in the West in the 1960s. Since that time it has become available in most parts of the world. It is prohibited in Malaysia for Muslims, but allowed in Iran. I have not seen a list of countries which ban the procedure.
The Harry Benjamin International Gender Dysphoria Association, formed in 1979, issued a set of “standards” that are relied on by most doctors internationally.
An individual seeking SRS must be assessed by psychologists or psychiatrists as having “gender identity disorder” (the phrase used by the American Psychiatric Association, DCM-IV) or as being a “transsexual” (the term used by the World Health Organization, ICD-10).
The person will then be prescribed hormones and after living in the desired sex for a period, perhaps two years, will be eligible for SRS. This pattern was illustrated in the US movie
TransAmerica.
The Harry Benjamin Association has been renamed the World Professional Association for Transgender Health, and the “standards” are to be reconsidered.
Personal documentsThe first issue that went to court concerned personal documents. Transsexuals faced problems every time they had to use personal identity documents, whether opening a bank account, showing a driver’s license, interviewing for a job or international travel. Nong Toom, Thailand’s most famous transsexual (of
Beautiful Boxer fame), recalled having problems at virtually all immigration check points when she traveled.
When the issue first went to the European Court of Human Rights, the judges were unfamiliar with transsexual issues and not yet really sympathetic to sexual orientation claims. They generally rejected the claims. The Court reversed itself in 2002 in Goodwin v United Kingdom. The judges held that Goodwin, a post-operative male-to-female (MTF) transsexual, was entitled to have her identity documents changed, including driver’s license, birth certificate and passport.
In Grant v United Kingdom in 2006 the Court ruled that the post-operative sex had to be respected. Grant was entitled to a government pension at the age of 60, the age of eligibility for women. She did not have to wait until she was 65, the age for men.
The right of post-operative transsexuals to have their documents changed is now recognised throughout Europe, North America, Australia and New Zealand. In Asia it is recognised in Indonesia, Japan, Korea, Singapore and Taiwan. Some individuals have been able to get corrected documents in China as well, but patterns there may not be nationally consistent. The Supreme Court in the Philippines in 2007 rejected the right of an MTF to have personal documents changed. . . .