Will They Strike Surgery Out Of The Requirements?

Those of us who live in New York City often decry our state's lawmakers, who tend to be more socially and politically conservative than their counterparts here in the Big Apple. "Those upstate Republicans" in the state Senate are, in our view, responsible for everything retrograde that burdens our city and state.

For example, they spent decades blocking the inclusion of language that would extend the provisions of the state's non-discrimination laws to transgender people.  The same year they first rejected such a proposal--1971--they also passed the Urstadt Law, which took away the City's power to pass local rent regulations more stringent than those of the State.

But there's one city-state discrepancy that can't be blamed on the "upstate Republicans":  If you were born anywhere in New York State except for the five boroughs of New York City, you can change the gender on your birth certificate on a recommendation from your doctor, psychotherapist  or, in some cases, other health-care professionals whose services you used.  On the other hand, if you were born in the Bronx, Brooklyn, New York (Manhattan), Queens or Richmond (Staten Island) counties, you have to undergo gender-reassignment surgery.

The five boroughs of New York City constitute one of the 57 jurisdictions in the US that has responsibility for its own birth registration.  Most of those jurisdictions are states, and someone applying for a change in his or her birth certificate (or, in some states, a new one)  would write to the state's commission of health or its equivalent. Most states require proof of GRS or an equivalent procedure (as Georgia, where I was born, does); a few (including California, Oregon, Rhode Island, Vermont and Washington DC) do not and a few other states (Idaho, Kansas, Ohio and Tennessee) will not change the gender on a birth certificate for any reason.

So, interestingly, I had about the same experience in getting my new birth certificate from Georgia that I would have had if I'd been born in New York City.  To be fair, the folks in the Peachtree State processed my application quickly and I had my new birth certificate within days. 

I don't know how quickly or slowly the  process works here in the Big Apple. But it would almost certainly go more smoothly--and be easier on the applicant--if transgender advocates' testimony at a City Council Health Committee hearing the other day have any effect.  They are calling for passage of a proposal that would eliminate the requirement for surgery, and Gretchen Van Wye, Assistant Commissioner of the Bureau of Vital Statistics spoke in favor of such a legislative move.

The City Council could vote on the proposal by the end of this year.

Documenting Us

Nearly all of us who are gender-variant have faced, at one time or another, this dilemma.

We apply for a job, to school or for benefits.  We have been taking hormones, living by the gender of our minds and spirits and have, in various ways, changed our appearance, style of dress and demeanor to reflect that gender.  And we've changed our names.

So we have driver's licences, passports and other IDs with our new names and photos of ourselves.  But there's one problem:  the "M" or "F" box still reflects what we presented to the world before our changes.

If we're lucky, the person who asked for our documents is confused.  If we're not, we face ridicule, discrimination and even violence. Either way, we've been "outed" and are forced to explain our stories to audiences that can be none-too-sympathetic.

A cisgender person does not have to so explain him or herself to go to school, get a job or benefits or even to rent or test-drive a car.  So why should we be expected to do that?

At least the author of this article seemed to understand, to some degree, our dilemma.  But the comments were full of people trying to sound snarky but who ended up looking stupid and/or hateful. I mean, who changes his or her gender to commit identity fraud, hijack planes or commit other crimes.  Because there is a "paper trail" (or, perhaps, digital footprint) of our transition, we would be easier to track than most other people.

Some states and municipalities--including, thankfully, the ones in which I live--have come to understand what I've just said, and have changed policies accordingly.  But there are still three states--Idaho, Tennessee and Ohio--that won't change the gender on a birth certificate, even after a person has had gender reassignment surgery. 

I can see that progress has been made even during the time of my own transition.  But, as I can also see, there is still much to be done.    

It's A Girl Again!

Another "girl" was "born" today.


Or, more precisely, a girl who was born on 7 July 2009 became who she is, again.


Actually, the event happened a couple of days ago.  But I just got the official documentation of it today.


I'm talking about my birth certificate.  I know I should've had it changed a while ago.  But somehow it didn't seem as urgent as changing my passport or Social Security cared, or my state ID.  Those last three documents are the ones used in nearly all situations requiring personal identification.  However, I can't remember the last time I had to show my birth certificate.


On the other hand, I didn't know I would feel as good as I did about getting that new birth certificate.  When I said getting it didn't seem urgent, I was telling just part of the truth.  Something about changing my birth certificate seemed even more monumental (at least in my life) than changing those other documents.  After all, most people get new passports, driver's licenses or other government IDs every ten years.  Some people even get new Social Security cards.  However, most people get only one birth certificate in their lives.


Getting the new birth certificate was easier than I expected.  It turns out that Georgia, where I was born, actually has an easier process than many other states--including New York!  I had to send the following items to the Georgia Bureau of Vital Statistics in Atlanta:

• My old birth certificate
• A certified copy of Marci Bowers' letter certifying that she performed my surgery
• The court order for my name change
• A photocopy of my New York State ID and US Passport*, and
• A money order for $35.

I sent these items via Express Mail, and included a pre-paid Express Mail return envelope.  Today, ten days later, I received my new birth certificate.

It is a brand-new certificate.  I found out that many other states issue amended copies--in some cases, with the former name and gender visibly typed over.  And some other states won't change a person's name or gender at all.

Now I have an official Georgia birth certificate that records my sex as "female."  Does that mean I'm now officially a Southern Belle?  Well, maybe if I were a little bit more belle, I guess I could be one.