Delaware Becomes The Seventeenth State To Have Protection For Gender Isdentity!

Delaware Governor Markell Signs Transgender Nondiscrimination Act
The New Civil Rights Movement
by Jean Ann Esselink
June 19, 2013

Democratic Governor Jack Markell wasted no time in signing the Transgender Nondiscrimination Act passed by the Delaware Senate earlier today in a 11-9 vote. Delaware is now the seventeenth state to provide transgender nondiscrimination protections.

The bill prohibits discrimination on the basis of gender identity in matters of employment, housing, public accommodations, public works, contracting, and insurance. The new law also adds crimes against transgender victims to the existing Hate Crimes statute.

You can read the whole story here.

Oregon Legislature Repeals Surgery Requirement for Gender Change on Birth Certificate

The times there are a changing...

And they are coming fast and furious. The Oregon ACLU just issued a Press Release,

Oregon Legislature Repeals Surgery Requirement for Gender Change on Birth Certificate
By Becky Straus, Legislative Director, ACLU of Oregon & Kevin Díaz, Legal Director, ACLU of Oregon & Amanda Goad, LGBT Project
6/14/13

With Gov. Kitzhaber's approval of HB 2093 yesterday, transgender people in Oregon will no longer have to show proof of surgery in order to change their birth certificates to accurately reflect their gender. Previously, Oregon law required surgery in order to update a birth certificate gender marker, even for those transgender people who did not need or want it, or were unable to access surgery for financial, medical, or other reasons. The ACLU supported the great work of agency and advocate partners to reach this victory. We are glad to see Oregon's legislature and governor sign off on this important change and advance the rights of transgender Oregonians.

In 2011, the ACLU LGBT Project and the ACLU of Oregon submitted a friend-of-the-court brief on behalf of a transgender woman who was seeking to update her birth certificate but unable to afford surgery. The Linn County Circuit Court later cited our brief in finding the surgery requirement unconstitutional. That case allowed one individual to amend her birth certificate without surgery, but today's legislation was necessary to fix the problem statewide. The change will take effect January 1, 2014.

You can read the whole press release here.

News Flash... Social Security Administration no longer requires surgery to change your gender marker!!!!!

TRANSGENDER PEOPLE AND THE SOCIAL SECURITY ADMINISTRATION
NTCE Press Release
June 13, 2013

In June 2013, the Social Security Administration (SSA) announced a new policy to for updating Social Security records to reflect a person’s gender identity. Under the new policy, a transgender person can change their gender on their Social Security records by submitting either government-issued documentation reflecting a change, or a certification from a physician confirming that they have had appropriate clinical treatment for gender transition. This policy replaces SSA’s old policy, which required documentation of sex reassignment surgery.

You can read the rest of the press release here with FAQs

 RM 10212.200 Changing Numident Data for Reasons other than Name Change

Accept any of the following:

    full-validity, 10-year U.S. passport with the new sex

NOTE: Do not accept passports with less than ten years of validity.;

    State-issued amended BC with the new sex;

    court order directing legal recognition of change of sex;

    medical certification of appropriate clinical treatment for gender transition in the form of an original signed statement from a licensed physician (i.e., a Doctor of Medicine (M.D.) or Doctor of Osteopathy (D.O.)). The statement must include the following:

        physician’s full name;

        medical license or certificate number;

        issuing state, country, or other jurisdiction of medical license or certificate;

        address and telephone number of the physician;

        language stating that the individual has had appropriate clinical treatment for gender transition to the new gender (male or female);

        language stating the physician has either treated the individual in relation to the individual’s change in gender or has reviewed and evaluated the medical history of the individual in relation to the individual’s change in gender and that the physician has a doctorpatient relationship with the individual;

        language stating “I declare under penalty of perjury under the laws of the United States that the forgoing is true and correct.”

NOTE: See RM 10212.200C in this section for a sample letter from a licensed physician that includes all required information to certify to the individual’s gender change.

IMPORTANT: Surgery is no longer required to change the sex field on the Numident. However, if an individual presents an original or certified letter from a physician stating the individual has undergone sexual reassignment surgery, accept it as evidence to change the sex field when it meets the requirements in GN 00301.030 and contains sufficient biographical data (e.g., name, date of birth) to clearly identify the individual.

NOTE: In some cases an individual’s sex may impact eligibility for benefits dependent upon spousal relationships. To make title II entitlement or title XVI eligibility determinations dependent upon marriage, follow the instructions in GN 00305.005B. Do not use sex field data on SSA records to make marital status determinations.

C. Exhibit – Sample Letter from Licensed Physician Certifying to the Individual’s Gender Change

(Physician’s Address and Telephone Number)

I, (physician’s full name), (physician’s medical license or certificate number), (issuing U.S. State/Foreign Country of medical license/certificate), am the physician of (name of patient), with whom I have a doctor/patient relationship and whom I have treated (or with whom I have a doctor/patient relationship and whose medical history I have reviewed and evaluated).

(Name of patient) has had appropriate clinical treatment for gender transition to the new gender (specify new gender, male or female).

I declare under penalty of perjury under the laws of the United States that the forgoing is true and correct.

Signature of Physician

Typed Name of Physician

Date