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NYC to
Change ID Rules for Transgendered
By David B. Caruso
The Associated Press
New York Lawyer
November 7, 2006
NEW YORK -- The city wants
to make it easier for transgender New Yorkers to switch the sex
listed on their birth certificate even without undergoing sex-change
surgery, putting the city at the forefront of efforts to redefine
gender.
Under present city rules,
only people who can show proof of surgery qualify for getting a
revised birth certificate. Even then, the only change made is the
elimination of any reference to gender on the document.
The new plan, unveiled last
month, would let birth records reflect the new gender. It would also
allow changes for people who hadn't had genital surgery, but could
show substantial proof that they have undertaken other steps to
irrevocably alter their gender-identity -- like undergoing hormone
therapy.
The policy change is one
that advocates for New York's sizable transgender community have
requested for years, but which has taken on greater significance in
a post-Sept. 11 world of increased security.
New Yorkers need to show
picture ID to enter office towers, air terminals, public monuments
and all sorts of government buildings. They need them to apply for a
job too, or buy beer at a neighborhood deli.
The trouble comes when
someone inspects those documents, and notices that a person's listed
gender doesn't appear to match the way they look and dress.
"That can be a very
dangerous situation for a transgender person," said Cole Thaler,
transgender rights attorney for the national legal aid group Lambda
Legal.
Thaler said having a birth
certificate with a gender that matches a person's appearance will
ease the way to getting other government records, including
passports, drivers' licenses and Social Security records.
Lorna Thorpe, Deputy
Commissioner of New York's Department of Health and Mental Hygiene,
called the current system "outdated."
"A lot of transgender
persons use different techniques to switch genders," she said. Some
try hormones. A smaller number undergo surgery -- in part because
not everyone is medically capable of undergoing the procedure.
All but three states now
allow people who have had a sex change to get a new birth
certificate and New York City has done so since 1971. The city now
issues about a dozen of the revised birth certificates a year.
Of the states that allow
similar changes of birth certificates, almost all currently require
proof of a gender-reassignment surgery.
Tennessee has a law
expressly prohibiting a change of gender on a birth certificate.
Ohio and Idaho also won't allow the change because of court rulings
or as a matter of administrative policy.
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