Sex Change: Ontario Tribunal Rules Surgery Not Needed To Change Birth Certificates

Posted: 04/20/2012 1:21 pm Updated: 04/20/2012 7:22 pm

Sex Change Ontario Birth Certificate
Ontario's human rights tribunal says those who change their sex should be able to have their new gender registered on their birth certificates without undergoing surgery. (Alamy)

TORONTO - People who live as the opposite sex should not have to undergo sex-change surgery before they can change their gender on their birth certificates, Ontario's Human Rights Tribunal has decided.

In a decision hailed as an important victory for the transgendered, the tribunal found the province's "transsexual surgery" requirement to be discriminatory.

According to the tribunal, the surgery requirement further stigmatizes transsexuals and reinforces stereotypes that they can only live in their "felt gender" if they have had an operation.

The tribunal ordered the province to scrap the surgery requirement and come up with new criteria for changing gender on birth certificates within six months.

Lawyer Susan Ursel, who represented a born-male woman known as XY, said on Friday that the current system is profoundly intrusive.

"They're requiring you to surgically change some aspect of your body in order to get a letter changed on a piece of paper," Ursel told The Canadian Press.

She expressed delight with the ruling, calling it an important step toward better understanding of transgendering.

A spokeswoman for Government Services Minister Harinder Takhar said he had directed officials to review the binding ruling and its implications.

"That review is currently taking place," Marie-Andree Bolduc said.

One alternative for birth certificates could be the process already in place for making gender changes on Ontario's driver's licences. The Transportation Ministry simply requires a doctor to certify — without elaboration — that a person is an "appropriate candidate" for the gender-designation change.

Such a decision could be based on several factors including a physical sex change, but the ministry does not require surgery as the birth registry does.

"This decision is a welcome step forward in recognizing and promoting the dignity and equality of trans people," Chief Commissioner Barbara Hall in a statement.

Many in the transgendered community may not be able to have surgery for physiological reasons, or they may not want it because, for example, they may want to have children.

Ursel said the transgendered face "significant" discrimination when it comes to jobs and housing, and are frequently victims of violence.

The recent headline-making case of beauty queen Jenna Talackova, who was booted from the Miss Universe pageant because she was born male, was a high-profile example of such discrimination, the lawyer said.

"That's exactly the kind of problem that manifests itself," Ursel said.

"(Talackova) is to all intents and purposes, in her mind and in her social presentation and how she lives her life, a woman."

The Vancouver beauty queen was reinstated in the Miss Universe contest after an outcry.

The Ontario Human Right Commission had previously taken the position that gender identity should be recognized based on "lived identity," and not depend on a surgical procedure, a view the tribunal has now upheld.

The tribunal said no harm would come to the Vital Statistics Act by making the change.

It also ordered the Ministry of Government and Consumer Services to publicize the changes.

Related on HuffPost:

  • 1. Defining Transgenderism

    The root of the word "transgender" comes from the Latin word "trans," meaning "across." A trans-Atlantic flight goes across the Atlantic Ocean; a transnational issue affects people all across the country; and so on. "Transgender" literally means "across gender." "Transgender" is defined today as an umbrella term with many different identities existing under it. Image via ccharmon on Flickr.com

  • 2. A Few Words Of Advice

    When trans people reveal their trans identity to someone, it is a highly personal moment. It takes trust and courage to talk about gender identity or gender transition. The best-case scenario is probably to: 1) ask what questions, if any, are appropriate; and 2) give the trans person an out if he or she feels like you are overstepping your bounds (even though your questions may be born of an innocent curiosity). This makes it easier for a trans person to maintain privacy and integrity.

  • 3. The Gender Binary

    The gender binary exists for easy categorization and labeling purposes. For most people, it is something that is taken for granted. Females who identify as women use the women's restroom. Males who identify as men dress in suits and ties or tuxedos for formal events. It is the way it is, and that fits well for many people. But for trans people living in a culture where the gender binary rules all, it is a daily battle. Image via kimberlykv on Flickr.com

  • 4. Gender Expression

    Out of the three terms -- "sex," "gender identity," and "gender expression" -- which do you think we notice most about people on a daily basis? If it were a person's sex, then we would have to see under that person's clothes or test his or her chromosomes (and even then we could get a conflicting report). If it were a person's gender identity, we would have to either ask that person how he or she identifies or somehow get inside the brain and find the answer for ourselves. By process of elimination, you guessed it: it's gender expression. Image via MuLaN™ on Flickr.com

  • 5. Orientation And Gender

    If we look at society as a diverse group of individuals where heterosexuality might be the most common sexual orientation but not necessarily normal, then we can more easily see that human sexual orientation varies: some people happen to be straight, some gay, some bisexual, and so on. This does not necessarily have anything to do with a person's gender identity or expression.

  • 6. Coming Out To Oneself

    Realization that one is trans can take anywhere from a few moments to several decades. Usually, trans people have an inkling early on in their lives that their assigned gender feels out of sync with their bodies. The self-realization process is extremely complicated. The human mind does its best to help us survive, which can translate into triggering intense denial. Because of societal constraints, it is common for a person to try to ignore signs pointing toward transgenderism, whether consciously or unconsciously.

  • 7. Surgeries

    Health insurance covers transgender surgeries in very few cases. Some people have fewer surgeries than they would like because of the high prices. Still other trans people elect not to have surgery at all because they simply do not want to. For a long time, and still in many places today, people refer to some transgender surgery as "sex-change" surgery. Later on came the less-harsh sounding "sex-reassignment surgery." Today, more and more people are realizing that surgery for trans people is not a gender "reassignment" but rather an affirmation of the gender that a person has always been. Gender-affirming surgery seems to be the most accurate reflection of this.

  • 8. Hormonal Transition

    For trans women, taking hormones is a two-step process. To help feminize a genetic male, it is very important to suppress production of testosterone. The other step that transgender women frequently take is the administration of estrogen, which is the chief hormone at work in biological females. Unlike their male-to-female counterparts, trans men do not have to take any estrogen-suppressing substances as part of their hormone treatments. Testosterone (called simply "T" in the female-to-male community) is a powerful hormone. The raising of testosterone levels in a trans man overpowers existing estrogen levels.

  • 9. Transgender Children

    There can't really be transgender children, can there? Kids can't know for sure how they feel when they're really young, right? Wrong. Gender identity is thought to be solidified by age 6. This does not mean that children absolutely, positively know how they identify by that age. It simply means that their gender identity is there. If it doesn't match up with the sex they were assigned at birth, then that will start to manifest itself in different ways. Image via libertygrace0 on Flickr.com

  • 10. Sex, Gender And Nature

    Many plants and animals can be both male and female, biologically speaking, at the same time or at different points in their lives. In a comparison of 34 postmortem human brains, scientists found that the part of the brain comprising a small group of nerve cells thought to pertain to gender and sexuality were similar in trans women and non-trans women. Although the study only had one trans man's brain, it found that group of nerve cells to be similar to that of a non-trans man. Perhaps Dr. Milton Diamond put it best when he said, "Biology loves variation. Biology loves differences. Society hates it."

  • 11. Transgenderism As A Mental Health Issue

    Gender identity disorder (GID) appears in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV), which is the American Psychiatric Association's official diagnostic book. GID, soon to be changed to gender dysphoria in the DSM 5, is classified as a mental health condition in which a person desires to be the "opposite" sex of that assigned to him or her at birth. Due to its criteria, many trans people fall under this diagnosis. It is still classified as a mental disorder by virtue of its existence in the DSM.

  • 12. The Bathroom Debacle

    Imagine resigning yourself to not ever using the bathroom in a public place. For trans people, this is often a reality. Those who are in transition or do not pass on the outside as "clearly male" or "clearly female" are thrown out of both men's and women's restrooms on a daily basis. Some places provide "unisex" or "family" restrooms, but the majority do not. If a transperson wants to go out and enjoy a concert, sporting event, or simply a day outside the home, he or she must make concessions that most people never have to think about.

  • 13. Lesser-Known Types Of Transgenderism: Genderqueerism

    People often find the notion of genderqueerism difficult to understand. They may hear that a genderqueer person is in between male and female, or is neither, but they may continue to ask, "OK, so what sex or gender does that make them, really?" This is where it is perhaps most difficult to live as a genderqueer person. The constant explanations that sometimes get nowhere can be frustrating and disheartening for genderqueer people.

  • 14. Transgender By The Numbers

    Unfortunately there is no major consensus on the number of transgender people in the United States or the world today. Hard-and-fast statistics are lacking for a couple of reasons. One is that many trans people are not out and are either living as trans behind closed doors or living stealthily, meaning that people do not know that they were born differently than they appear now. Another reason for the lack of statistics is that so many different varieties of transgenderism fall under the umbrella term that it is hard to discern which subcategories should actually be statistically counted as transgender and which should not.

  • 15. Parting Words

    In America we have seen that teenage suicide because of bullying has reached epidemic proportions. Many of these kids are LGBT, and most of them are taunted due to some component of their gender expression. I hope that you will talk to others about what you have learned about transgenderism. No one should have to suffer because of who he or she is, but we know that reality tells us differently. People have been bullied and persecuted for who they are since the dawn of time. But we are not defenseless. The more education that is out there about what is means to be different, the better.

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Filed by Michael Bolen  |