Transgender Rights In The United States
Transgender Rights What does it mean to be transgender? The term transgender refers to a person “who identifies with or expresses a gender identity that differs from the one which corresponds to the person’s sex at birth,” (Merriam-Webster). The term came into common use in the 1970s, but similar terms such as transsexual and “trans” have been used as well. Non-conformity, in terms of gender especially, tends to evoke uncertainty in terms of law, which is most likely why transgender people are not explicitly offered rights. Some of the most groundbreaking cases have resulted in making law, creating rights for transgender individuals. However, while tolerance of transgender people as a whole has evolved, the consistency in granting rights has
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varied throughout the years, especially in the cases of legal documentation of a gender change, marriage, and “restroom rights”. Particularly, legal documentation of transitioning has proven to be a large challenge for many transgender individuals.
Presently, a person may change their name to reflect their gender identity by filing a petition in court; “Most judges will grant a name change as long as they are convinced that the petitioner is not trying to evade debts or the police,” (“Transgender People and the Law”). In 1966, In the case of Mtr. of Anonymous v. Weiner, 50 Misc., a transgender person from New York - who remained anonymous - wished to change their name and sex on their birth certificate after undergoing sex-reassignment surgery. The New York City Health Department declined this request. The court later ruled that “the New York City and New Jersey Health Code only permitted a change of sex on the birth certificate if an error was made recording it at birth,” (“History of Transgenderism”). Therefore, the transgender individual lost this case, unable to change the information on the birth certificate. Also, according to this source, this case was the first case in the United States to consider the concept of transgender. Clearly, transgender individuals have faced adversity in attempting to legally change their information on identification forms. Luckily, this challenge is not faced nearly as much in 2015, although many states require “proof of surgical treatment to change one’s sex, (“Transgender People and the
Law”). However, the act of getting married has proven to be a complex situation for many transgender individuals. The validity of transgender people’s post-transition marriages have been called into question numerous times throughout history. For example, in 1976, an individual identified only as “M.T.” filed a complaint for support and maintenance. The defendant and husband of M. T., identified as “J.T.”, argued that M.T. was a male, therefore the marriage was void. Despite the fact that M.T. had already undergone sex-reassignment surgery, her gender was still called into question. After lengthy and extensive testimony by doctors and psychiatrists, it was determined that M.T. was in fact a female and the marriage was valid. J.T. was then ordered to pay $50-a-week-support to the plaintiff. Despite the victory for M.T., this case exhibits a personal attack on gender in the context of marriage. Moreover, there has been progress made concerning the granting of rights for transgender adolescents to use the restroom consistent with their gender identity. The “bathroom debate” has been ongoing and will likely continue due to the fact that “very few courts have considered this question and the results have been mixed,” (“Transgender People and the Law”). In January of 2014, transgender student Nicole Maines was granted the right to use the girls’ restroom at school by the Maine Supreme Court. In 2007, the Orono school district denied her that right after the grandfather of a male student filed a complaint, but in this case, the school’s decision was overruled. The court concluded that the district had “legally banned a transgender child from using the girls’ bathroom,” (Harrison). The court’s decision has also made law, as an amendment to the Maine Human Rights act is now in place. This act now prohibits discrimination based on an individual's sexual orientation. Court cases such as this one are becoming an important foundation for many laws regarding the rights of transgender people. However, not all states protect transgender students from discrimination. Maine is only one out of eighteen states that have state laws in place that specifically protect transgender students. Although, only seven jurisdictions have stated that denying a transgender person to use the restroom designated for their assigned gender violates nondiscrimination laws. Many organizations are working to enact nondiscrimination laws and “restroom rights” in all states.
In summation, in regards to granting rights in the cases of legal documentation of a gender change, marriage, and “restroom rights”, the court system provides mixed results. Each court case is often subjective, and matters of the same type may differ for each individual. The fact that laws are not consistent throughout the whole nation complicates matters of law as well. While it is evident that there has been progress made for transgender individuals in the United States, there is still a large amount of work to be done to provide basic rights for transgender people - including children - in all states.
varied throughout the years, especially in the cases of legal documentation of a gender change, marriage, and “restroom rights”. Particularly, legal documentation of transitioning has proven to be a large challenge for many transgender individuals.
Presently, a person may change their name to reflect their gender identity by filing a petition in court; “Most judges will grant a name change as long as they are convinced that the petitioner is not trying to evade debts or the police,” (“Transgender People and the Law”). In 1966, In the case of Mtr. of Anonymous v. Weiner, 50 Misc., a transgender person from New York - who remained anonymous - wished to change their name and sex on their birth certificate after undergoing sex-reassignment surgery. The New York City Health Department declined this request. The court later ruled that “the New York City and New Jersey Health Code only permitted a change of sex on the birth certificate if an error was made recording it at birth,” (“History of Transgenderism”). Therefore, the transgender individual lost this case, unable to change the information on the birth certificate. Also, according to this source, this case was the first case in the United States to consider the concept of transgender. Clearly, transgender individuals have faced adversity in attempting to legally change their information on identification forms. Luckily, this challenge is not faced nearly as much in 2015, although many states require “proof of surgical treatment to change one’s sex, (“Transgender People and the
Law”). However, the act of getting married has proven to be a complex situation for many transgender individuals. The validity of transgender people’s post-transition marriages have been called into question numerous times throughout history. For example, in 1976, an individual identified only as “M.T.” filed a complaint for support and maintenance. The defendant and husband of M. T., identified as “J.T.”, argued that M.T. was a male, therefore the marriage was void. Despite the fact that M.T. had already undergone sex-reassignment surgery, her gender was still called into question. After lengthy and extensive testimony by doctors and psychiatrists, it was determined that M.T. was in fact a female and the marriage was valid. J.T. was then ordered to pay $50-a-week-support to the plaintiff. Despite the victory for M.T., this case exhibits a personal attack on gender in the context of marriage. Moreover, there has been progress made concerning the granting of rights for transgender adolescents to use the restroom consistent with their gender identity. The “bathroom debate” has been ongoing and will likely continue due to the fact that “very few courts have considered this question and the results have been mixed,” (“Transgender People and the Law”). In January of 2014, transgender student Nicole Maines was granted the right to use the girls’ restroom at school by the Maine Supreme Court. In 2007, the Orono school district denied her that right after the grandfather of a male student filed a complaint, but in this case, the school’s decision was overruled. The court concluded that the district had “legally banned a transgender child from using the girls’ bathroom,” (Harrison). The court’s decision has also made law, as an amendment to the Maine Human Rights act is now in place. This act now prohibits discrimination based on an individual's sexual orientation. Court cases such as this one are becoming an important foundation for many laws regarding the rights of transgender people. However, not all states protect transgender students from discrimination. Maine is only one out of eighteen states that have state laws in place that specifically protect transgender students. Although, only seven jurisdictions have stated that denying a transgender person to use the restroom designated for their assigned gender violates nondiscrimination laws. Many organizations are working to enact nondiscrimination laws and “restroom rights” in all states.
In summation, in regards to granting rights in the cases of legal documentation of a gender change, marriage, and “restroom rights”, the court system provides mixed results. Each court case is often subjective, and matters of the same type may differ for each individual. The fact that laws are not consistent throughout the whole nation complicates matters of law as well. While it is evident that there has been progress made for transgender individuals in the United States, there is still a large amount of work to be done to provide basic rights for transgender people - including children - in all states.