Friday, December 7, 2012

Gender on your Birth Certificate-revised



Transgender individuals have struggled to fight for their rights just as the rest of the LGBT community.  One of the main struggles for transgender people has been what their “legal” sex is (Currah & Minter, 2000).  This in itself seems strange to me, why does the government have the need to label male or female?  When we look into the first nations capitalized culture people with diverse gender identities were seen as unique and not attempted to change who they are as they are special contributors (Brotman & Levi, 2008). However, in the society we live in today this is what is happening. 

 Ontario has moved forward from their previous efforts to label gender.  Ontario’s previous policy to be able to change your sex on your birth certificate was that the person needed to undergo “transsexual surgery” (Houston, 2012).  This seems a little unrealistic for those who have a great fear of the surgery itself or the risks associated with surgery as well as lack of funds to be able to get the surgery or the ability to afford the time off of work.  According to Currah and Minter (2000) transgendered people have been discriminated against in many issues because they are seen as not good enough to be protected and in some aspects not human.  

This is why I think that the new policy is extremely important.  Ontario is now enforcing new requirements to legally change a person’s sex on their birth certificate other than having to undergo surgery (Houston, 2012).  Ideas such as having a guarantor confirming that that person is living as a particular gender have been thought of (Houston, 2012).  Having this in place would put less emotion strain on the transgender community.  I am hoping this has a trickledown effect and Ontario will not be the only one changing the policy.  This allows for one step at a time for equal rights of people no matter race, sex or any other label that is given.  Equal rights are a belief of the liberal perspective (Habermas, 1995).  Liberalism is meant to look at everyone equally no matter their differences and to allow for equal opportunities for everyone (Habermas, 1995).  There is advocacy in liberalism for ones individuality (Habermas, 1995).   This is a perfect example for the transgender community in order to let everyone be who they are.

-Britney

Brotman, S., & Levi, J. (2008). Intersections: Cultures, Sexualités Et Genres. Quebec: Presses de l’Universite du Quebec.

Currah, p., & Minter, S. (2000). Unprincipled Exclusions: The Struggle to Achieve Judicial and Legislative Equality for Transgender People.  William and Mary Journal of Women and the Law. 7 (1), 37-66.

Habermas, J. (1995).  Multiculturalism and the Liberal State.  Stanford Law Review, 47, 849-853

Houston, A. (2012). Ontario Trans Rights Decision Makes Canadian History.  Canada’s Gay and Lesbian News.  Retrieved from http://www.xtra.ca/public/National/Ontario_trans_rights_decision_makes_Canadian_history-11845.aspx

2 comments:

  1. I had no idea that the policy for changing genders was so strict. I definitely see how bias it is especially to those individuals who are less fortunate and could not afford to physically change their sex. If this new policy was to be enforced it would be a move to a much more equitable society in which we value people and understand that they do not alway fit into a box that we can check off.

    Hoda

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  2. I never even knew it was possible to change your sex legally, along with the fact that with changing your sex I definitely would have never imaged it to be so hard. After reading this post my first thought was "What about those other people who went through the surgery just because they had to to be able to change their sex when maybe they didn't want to go that far into it and do the surgery." Now these people would be stuck with something forever. It is so upsetting how the government goes about doing things throughout the world. It is great though that they changed the law and now allow you to change your gender much easier. I hope since this progress increased towards being more positive, it will stay positive and the government wont make any more "stupid" and "useless" decisions.

    By: Hunter

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