Major court victory for transsexuals

[transcendMental]

Costs incurred in sex-change operations and procedures are tax-deductible, the US Tax Court has ruled.

The court ruled that hormone therapies and sex reassignment surgeries were necessary to treat gender identity disorder in the case of a Boston man who became a woman named Rhiannon O'Donnabhain after 20 years of marriage that produced three children.

''The court is persuaded that petitioner's sex reassignment surgery was medically necessary,'' Judge Joseph Gale wrote in a decision for the majority.

The decision is the first to rule that sex-change operations qualify as medical care and overturns a 2005 Internal Revenue Service policy denying medical expense deductions in such operations on the grounds they are ''cosmetic''.


Read the full article here:

http://www.smh.com.au/world/sex-changes-are-tax-deductible-court-rules-20100204-ngac.html

Please keep us in your prayers, and hope with us that this isn't overturned any time soon!

tm

[TwylaTwobits]

That's great news but I did notice that there are exact criteria a person has to meet in order to be eligible for this as anything other than "cosmetic". Hopefully, this will be a step forward for all trans.

[Long Duck Dong]

in NZ, its covered under the health system

I have a friend that fought in court for the right to have GRS and won, at the age of 16, they had the surgery, and are now in their 20s, and has grown into one very attractive lady
they have shown advanced forms of transgender since the age of 3 and had trouble relating to issues as a male, they always reverted to the female side

the costs of the surgery were covered under the NZ health system and there were other costs that were covered by ACC ( accident compensation corporation ).....

there were arguments against a person that young going thru the surgery, but the results are showing that there are benefits to doing it at a younger age, faster healing time, mental and emotional transition is smoother and due to the fact the person is still growing, their body adjusts to the hormones quicker....

as you get older, the chances of the nz health system covering the surgery lessens, so a lot of people go to asia and get it done.... and thats where its noticed that the transgender over the age of 35-40 are more likely to be mis adjusted and that issues can arise......

[MarieDelta]

That's great news but I did notice that there are exact criteria a person has to meet in order to be eligible for this as anything other than "cosmetic". Hopefully, this will be a step forward for all trans.

Here in the states you have to meet those exact criteria before you get letters that will allow for the surgery, so this will cover most transsexuals.

I agree with you LDD, sooner is better than later. I remember back when I was a child(about 5 yo) and trying to deal with these issues. And although I tried many ways of "becoming a man" it never worked.

At that time they didn't have the knowledge they do now. Hopefully in the future it will be less of a struggle. Although here in the states the best a young(18 yo and younger) person can hope for is to get hormone blockers so that their body wont change too much.

[jeannie_TG]

that's great news.

now if we here in america can just get some sort of insurance coverage to pay for the transition. i'm dirt poor and will probably never be able to afford it. knowing that just kills me.

[transcendMental]

Although here in the states the best a young(18 yo and younger) person can hope for is to get hormone blockers so that their body wont change too much.

The idea with preadolescents who are identified as transsexuals is that there is no real chemical difference between preadolescent boys and girls, so hormones at that time are not necessary. But if adolescence is reached and the care providers are still fairly sure the child is a transsexual, then they administer hormone blockers to prevent puberty until the child and or parents are comfortable with a decision to go further. But especially if the child has already transitioned and is presenting cross-gender, they can get hormones prescribed while still adolescents, and experience (near) cross-gender puberty. Under no circumstances I've heard of is it possible for someone under 18 to get surgery. But since that step is irreversible, I'm ok with only providing it to people of adult age.

I have seen transsexuals as young as 16 who were on hormones since they were about 14, and the transwomen look no different from any other 16 year old girl, and the transmen look no different from any other 16 year old boy. We were born too early.


that's great news.

now if we here in america can just get some sort of insurance coverage to pay for the transition. i'm dirt poor and will probably never be able to afford it. knowing that just kills me.

Jeannie, this legislation opens the door for insurance claims. The legal system now has a precedent for considering SRS and hormone therapy as legitimate medical treatment. So it becomes harder for the insurance industry to maintain that it is not legitimate medical treatment. It's only a matter of time before someone tries to push this issue. I don't know if this will translate into changes in insurance practice in our lifetime, but there is now more reason than ever to hope!

[jeannie_TG]

Jeannie, this legislation opens the door for insurance claims. The legal system now has a precedent for considering SRS and hormone therapy as legitimate medical treatment. So it becomes harder for the insurance industry to maintain that it is not legitimate medical treatment. It's only a matter of time before someone tries to push this issue. I don't know if this will translate into changes in insurance practice in our lifetime, but there is now more reason than ever to hope!

*

i am hopeful and that's what keeps me going.

[MarieDelta]

I have seen transsexuals as young as 16 who were on hormones since they were about 14, and the transwomen look no different from any other 16 year old girl, and the transmen look no different from any other 16 year old boy. We were born too early.




Definitely born too early.

Maybe in the near future there will be a way to positively identify those who are TS prior to adolescence. Either genetically or through some sort of MRI.

But you & I have to play the cards we're dealt.

[jeannie_TG]

Maybe in the near future there will be a way to positively identify those who are TS prior to adolescence. Either genetically or through some sort of MRI.

i believe there is already some research which shows that various areas of the brain vary in size for females and males. those areas being larger (more developed?) in males than females. the studies have included TG/TS people and have shown mtf to match with normal females and ftm to match with normal males. the difference resulting from lesser or greater amounts of testosterone and/or estrogen during a specific period of development in the womb. i don't remember it exactly but that's close to what i read online (wish i could remember where). anyone else hear of, or read about, this?

maybe that is just the thing they need to check at an early age to determine who is TS and who isn't. i'm sure further research will be necessary tho and it could be years before it's first use.

[MarieDelta]

There have also been recent studies that show it is genetic in origin. (http://www.abc.net.au/science/articles/2008/10/27/2401941.htm)

[12voltman59]

A few years ago I had seen a long doc film on this subject--it seems that as much as anything--at least the way doctors thought of gender identity in the past--they were as much to blame for causing "the problems" relating to the gender identity of people since the medical profession seemed to have a rather narrow and arbitrary way of deciding whether they were going to "make" someone a boy or girl when they did surgeries on those children that basically set up those people for all sorts of problems later in life.

[MarieDelta]

A few years ago I had seen a long doc film on this subject--it seems that as much as anything--at least the way doctors thought of gender identity in the past--they were as much to blame for causing "the problems" relating to the gender identity of people since the medical profession seemed to have a rather narrow and arbitrary way of deciding whether they were going to "make" someone a boy or girl when they did surgeries on those children that basically set up those people for all sorts of problems later in life.

Yes that was John Hopkins and Dr John Money (http://en.wikipedia.org/wiki/John_Money). He is the one who coined the term Gender Identity and was certain (even in the face of proof otherwise) that gender was a social construct. He was also responsible for the sad case of David Reimer (http://en.wikipedia.org/wiki/David_Reimer).

They thought that they could determine someones gender by forcing them to live in that role, unfortunately it doesn't work that way. Most of their patients ended up switching to a gender that suited them(rather than that Doctors.) Another good reason that we should leave people who are born intersexxed alone until they are able to determine what gender they are (unless it is life threatening for them to remain as they are.)

[transcendMental]

There have also been recent studies that show it is genetic in origin. (http://www.abc.net.au/science/articles/2008/10/27/2401941.htm)

That's the first evidence that I've seen that links transsexualism to genetics. Most evidence I've seen says the condition is congenital (originates in the womb due to the chemical environment there).

If it is genetic, you should see it running in families, and I've not seen a lot of evidence of that.

Mamas, please let your babies grow up to be gender researchers!

[MarieDelta]

That's the first evidence that I've seen that links transsexualism to genetics. Most evidence I've seen says the condition is congenital (originates in the womb due to the chemical environment there).

If it is genetic, you should see it running in families, and I've not seen a lot of evidence of that.

Mamas, please let your babies grow up to be gender researchers!

Well part of the reason you don't see it in families, perhaps, is the social stigma attached to "not being a man". Just like it is hard to tell just how many trans-people there are in the US, no one talks about it.

In addition how many people either suffer in silence, commit suicide, or present a hyper masculine(feminine) face.

[transcendMental]

Well part of the reason you don't see it in families, perhaps, is the social stigma attached to "not being a man". Just like it is hard to tell just how many trans-people there are in the US, no one talks about it.

In addition how many people either suffer in silence, commit suicide, or present a hyper masculine(feminine) face.

I get that, Marie. But if it ran in families, then families should tend to be more supportive than they are now. People outside the family might not see it, but people inside the family would be more aware and less hostile (I would think).

I guess if it runs in families, then you'll see it more and more now that society is starting to be more accepting.

[jeannie_TG]

There have also been recent studies that show it is genetic in origin. (http://www.abc.net.au/science/articles/2008/10/27/2401941.htm)

thank you for that link, Marie. it includes what i said about hormone levels and brain development but shows a gene to be the cause of it. :)

[MarieDelta]

OT : Have either of you seen "Red Without Blue" (http://redwithoutblue.com/home.php)?

Details the story of twins - one a gay man, the other a Male to Female transsexual.

[jeannie_TG]

i've never seen nor hear of red without blue. i read the synopsis and want to get the film now.