Showing posts with label legal definitions of gender. Show all posts
Showing posts with label legal definitions of gender. Show all posts

07 January 2015

It Takes Gendom To Become A Third-Gender Mayor

The election of Madhu Kinnar as the mayor of Raigarh, in the central Indian state of Chattisgarh, is interesting.


As you may know by now, she is the transgender--though not, as some have reported, the first such person elected to public office in India.  Two other trans mayors were elected before Madhu but court rulings removed them on the grounds that their positions were "reserved for women".


That brings me to a greater part of the significance of Madhu's election:  Just nine months ago, India's Supreme Court ruled that transgenders could be legally recognized as a "third gender" or "gender neutral".  Before that, "hijras" were outside the margins of South Asian societies, sometimes regarded as even lowlier than cisgender members of the lowest castes.


As a result, they were subject to extortion and all sorts of violence, even (and, some would say, especially) from the police and public officials.  Also, hijras had few employment opportunities.  So, they often were sex workers or did other kinds of illegal work which, of course, put them in even lower public esteem.  On the other hand, they were often asked to perform at public and sacred ceremonies such as weddings because tradition holds that they are devotees, or even descendants, of the goddess Bahuchara Mata, worshipped by Pavaiyaa or the South Indian goddess Renuka.


While the hijras were never a highly esteemed class, they had somewhat more status than they now have.  Experts often attribute the hijras' loss of what little prestige they had to the influence of Western notions about sex, gender and morality. 


Ironically, the first ripples in what could become a sea-change in the lives of people like Madhu may also be coming from Western influence.  Some argue that "transgender" is a Western concept.  Whatever it is, its current iteration is certainly different from ideas about hijra.  Traditionally, hijra were said to have deformed, or simply different, genitalia.  While that is no longer the (or a) working definition in all hijra communities, some still undergo a ceremonial deformation or removal of the testicles and scrotum. 


The old way of defining hijra is probably the reason why the term has often been translated into Western languages as "eunuch" or "hermaphrodite".  That makes sense when you realize that, until recently, nearly all definitions of gender identity had to do with whatever was or wasn't between a person's legs. (Why do you think they called it "sex"?)  Now, with about eight decades' worth of gender-reassignment ("sex change") surgeries having been performed, and changes in traditional gender role, definitions of "female" and "male" have more to do with psychology (or, sometimes, spiritual terms).  That, of course, is one reason why many trans people choose not to have the surgeries in spite of the fact that the state of male-to-female work has improved markedly, and why people like me see our surgeries as "the icing on the cake" rather than the very thing that defines us as being in the gender in which we live.


But most of us--I include myself--still check the "F" or "M" box.  I did what I did in order to live as a woman, the way I see myself, although I also understand that I came to live by my identity as a woman in a way very different from the way most other women do.  It is for that reason that I fully support anyone who decides to live outside of the "gender binary", as Pauline Park calls it. 


And, it seems that India has made that a legal option.  So, perhaps, the subcontinent has not merely been influenced by current Western notions about gender and sexuality--it has gone beyond them.  It will be very interesting to see how that  affects the lives of trans people, and everyone else, in India--and whether other countries decide to follow its example.  Perhaps mayors of genders we can't even define--or outside of the notion of gender altogether--will be elected.  How would that change politics, and life?

01 April 2014

Dignity In Death

Too many trans people face the dilemma of being defined by a document issued when they were born while they are living their lives their true selves.

I was in such a dilemma for several years:  I was living as Justine, a woman, but my birth certificate still said I was a boy named Nicholas.  That could have been problematic had I had a medical emergency or worse.  After all, I could have been buried as a man. (On top of that, I don't think I want to be buried.  But that's another story altogether.)

For too many trans people, the obstacles involved in changing their birth certificates are prohibitive.  In some states and countries, the procedure is endless and expensive.  And, in many jurisdictions, changing birth certificates for any reason is simply not allowed.

That is why I was gratified to read about this latest development from California:

Sacramento, CA – The Respect After Death Act (AB 1577), authored by Assembly Speaker-elect Toni Atkins and sponsored by Transgender Law Center and Equality California, passed the Assembly Health Committee today by a bipartisan provisional vote of 17-1. The bill is designed to help ensure transgender people have their authentic gender identity reflected on their death certificates.




The Respect After Death Act will mean that death certificates reflect the authentic lived gender of the deceased, with various forms of proof accepted under the law, including written confirmation of the deceased’s wishes, updated birth certificates and driver’s licenses, or medical records of gender transition.



“Transgender people deserve the same dignity and respect in death as everyone else,” said John O’Connor, executive director of EQCA. “This bill provides much needed legal guidance that



“Every person deserves to be treated with dignity after their death, including having their death certificate accurately reflect who they are,” said Speaker-elect Atkins. “AB 1577 will provide direction to officials for determining the wishes of the deceased with respect to their gender identification. I am grateful for the strong bipartisan support of my colleagues on the Assembly Health Committee.” will make it easier for authorities to do their jobs. It also ensures that when California remembers transgender people who have passed, it remembers their authentic selves.”



Current law requires death certificates to list personal data such as name, sex, and race, and there is no legal guidance about how the official filling out the death certificate should determine a transgender person’s sex. The lack of guidance sometimes results in cases where the information on the death certificate is not consistent with the deceased’s lived gender. This can put funeral directors and coroners at risk of liability if the friends and family of the deceased believe that they listed the incorrect sex.



“Too often, the identities of transgender people are disrespected, especially when we are unable to speak for ourselves. Gender identity represents a core part of who we are as people and this identity should be recognized even upon our deaths,” said Masen Davis, executive director of Transgender Law Center. “When a loved one is not honored as their authentic self upon their passing it is extremely painful for the family, friends, and community.”



07 March 2013

This Fox Is A Fighter

I never thought that I would ever mention Mixed Martial Arts on this blog.  It's not that I have anything against them, or anyone who participates or even competes in them.  They're just not something I think about very often.

Well, there's a first time for everything, right?  So here goes:  Fallon Fox's MMA licenses are under review.

You see, the 37-year-old Ms. Fox had gender-reassignment surgery seven years ago.  (It's a great way to turn 30, isn't it?)  And, of course, she took hormones before, and has taken them since, then.

That means the 145-pound Ms. Fox would not have any advantage over another woman of her size.  The hormones reduce the mass and density of bone and muscle and, in some male-to-female transgenders, lessen endurance.  Before her surgery, she would have been taking an anti-androgen, which also would have reduced her muscles and bone mass and endurance.  After the surgery, the glands that produce testosterone are gone, which would also take away any physical advantage she might have enjoyed as a man.

Still, in spite of these facts, she has won all five of her bouts, and all of those victories have come in the first round.

Apparently, there was some confusion about licensing procedures:  She thought her application for a license in California had been approved, and she used it to obtain another license in Florida.  She used the license she thought she'd gotten from the Golden State to get its counterpart in the Sunshine State and says she 

Ms. Fox's next match was scheduled for 20 April as part of the semifinals in an eight-woman tournament.  Her promoter, the Championship Fighting Alliance, has canceled the event in a show of support.