Trans News/ Issues

[DapperButch]

Wow! That is AWESOME!!!

Originally Posted by weatherboi

This is super fucking awesome!!!!

Rhiannon O'Donnabhain finally got the tax break she deserved from the IRS in 2001.

Tuesday, Federal Tax Court ruled in favor of the petitioner, a transsexual woman in the landmark case of O'Donnabhain v. Commissioner of Internal Revenue. The favorable ruling opens the doors wide to tax equality for transgender Americans.

Citing protocol from Harry Benjamin/WPATH Standards of Care and DSM-IV, the court ruled that medical treatment for gender identity disorder (GID) qualifies as tax deductible medical care under the Internal Revenue Code.

In 2001, O'Donnabhain underwent sex reassignment surgery (SRS). She claimed the cost of surgeries, transportation and related expenses in the same tax year as a medical expense deduction under section 214, I.R.C.

The medical deduction was rejected by the IRS.

In the landmark victory won by Gay & Lesbian Advocates & Defenders (GLAD) the court rejected an argument by the IRS that transgender medical treatment is different than medically necessary treatment recommended by recognized medical and psychological organizations.

The U.S. Tax Court decision has huge financial ramifications for transgender Americans, opening the door to potential deductions in other related areas of transition as defined under the Standards of Care.

The Harry Benjamin Standards of Care for GID prescribe a "triadic" treatment sequence including 1) cross-gender hormone therapy to effect changes in physical appearance toward the opposite sex; 2) "real-life" experience described as a trial period of living full time in society as a member of the opposite sex and 3) sex reassignment surgery including non-genital surgical sex reassignment.

Non-genital surgical sex reassignment refers to any and all other surgical procedures of non-genital, or non-breast, sites (ie: nose, throat, chin, cheeks, hips, etc.) conducted for the purpose of effecting a more masculine appearance in a genetic female or for the purpose of effecting a more feminine appearance in a genetic male in the absence of identifiable pathology which would warrant such surgery regardless of the patient's genetic sex.

More than 80% of all transgender individuals never transition in large part due to discriminatory health care insurance practices which typically exclude treatment for gender identity disorder (GID).

The full scope of transition---gender counseling, hormone therapy, medical supervision, hair removal, genital, facial and body surgeries--can easily exceed $50,000, in some cases over $100,000.

Since "non-genital sex reassignment procedures" often are performed together as facial feminization surgery (FFS) for trans-women it's logical to extrapolate that these procedures could be in line to qualify as medically necessary tax deductions.

The court case and it's ramifications on the transgender community will be the topic of a conference call tonight at 6pm Eastern hosted by GLAD.

[Soon]

Can someone file for a tax deduction -- retroactively -- for their past SRS?

[weatherboi]

Originally Posted by HowSoonIsNow

Can someone file for a tax deduction -- retroactively -- for their past SRS?

yes...i read it in another article that said this ruling makes it possible to file retroactively but i havent found it again...i am looking...the lady in the first article had her surgery in 2001...i am not sure if that would put her in that category or not.

[weatherboi]

Tax Victory For Transgender People Finalized

Early last year, a federal tax court issued a ruling which is a major victory for transgender people. The court ruled that people who undergo sex reassignment surgery may, with certain limitations, claim the cost of the surgery as a tax deductible medical expense on their federal tax return. February 7, 2011 was the deadline for the government to appeal the decision, and it did not do so. So the decision is now final and binding on the federal government. It appears now that others can claim sex reassignment surgery, and hormone therapy, as a deductible medical expense on their federal tax return assuming they have the documents to support their need for them.



The court said that, if a patient is experiencing gender identity disorder (GID), and there is a clear medical record that the surgery is needed to treat that condition, then the costs of the surgery may be deducted as a medical expense on federal income tax return. Anyone who is considering having the surgery, and claiming a tax deduction for it on their federal income tax return, should first consult with their medical provider and with their tax advisor. This decision should not be made lightly.

The court said Gender Identity Disorder (GID) is an actual disease, as defined by the Internal Revenue Code. It also said hormone therapy, and sex reassignment surgery, are valid forms of treatment for that disease, and the costs of such care are deductible under the Internal Revenue Code.

This case began when a transgender person in Massachusetts, Rhiannon O'Donnabhain, underwent sex reassignment surgery in 2001. She then claimed the cost of the procedure as a deductible medical expense on her federal tax return. But the Internal Revenue Service refused to allow the deduction. Ms. O'Donnabhain then went to court to appeal their decision.

The tax court said O'Donnabhain could claim the cost of hormone therapy and of sex reassignment surgery. It did refuse to allow a deduction for the cost of breast enhancement surgery. The court said her breast augmentation surgery was directed at improving her appearance and she had not shown that the surgery either meaningfully promoted the proper function of the body, or a treated a disease, within the meaning of the Internal Revenue Code.

Last year, a contact at the California Franchise Tax Board said California law generally conforms to federal tax law and so, if the tax court decision is finalized, transgender people in California might well be permitted to claim sex reassignment surgery, and hormone therapy, costs as deductible expenses on both their federal and state income tax returns. We do not yet have a final decision from the Franchise Tax Board on the issue. However, we are currently in discussion with them. We will let you know the final outcome on this issue.

People may also be able to submit amended tax returns for prior years. It is possible to submit federal amended tax returns for the past 3 years, and amended California returns for the past 4 years. Thus, if people had their surgery prior to 2010, it might still be possible to claim the cost of the surgery as a medically deductible expense. However, you should consult a tax attorney or other qualified tax expert before trying this.

Similarly, one should not assume that any claim for sex reassignment surgery will be approved by the IRS. To succeed with such a claim, the person must have clear documentation that he or she suffers from Gender Identity Disorder and that the surgery was necessary to the treatment of the disorder. Medical verification of these facts would be necessary.

People may see a copy of the tax court decision by directing their browser to: http://www.calcomui.org/nwsflsh021511.html and then clicking on the link at the bottom of the web based version of this NewsFlash.

Read more: http://www.articlesbase.com/national...#ixzz1EL0PgF9W
Under Creative Commons License: Attribution

[MsTinkerbelly]

MA Gov. Deval Patrick Issues Executive Order Protecting Trans State Workers

Yesterday Massachusetts Gov. Deval Patrick "quietly" signed an executive order protecting state workers from discrimination on the basis of gender identity. Christian groups have denounced the protection as "the bathroom bill" and are screaming the usual nonsense about men in dresses stalking little girls in public restrooms.
“This Executive Order ensures that all employees in the executive branch will continue to be able to perform their duties free of discrimination,” Patrick spokesman Alex Goldstein said in a statement. Gay rights groups hailed the move yesterday as a strong “first step” in equality for transgendered people, but critics have cautioned that the bill could make state restrooms and lockers unisex. “If this indeed is a bathroom bill, if it is there’s no doubt that it will impact the public schools,” said Kris Mineau, a longtime opponent of the bill. Arline Isaacson, co-chairwoman of the Massachusetts Gay and Lesbian Political Caucus, said she’ll still work to get the legislation passed in order to ensure equal rights in the private sector. “We are deeply grateful yet again to Gov. Patrick for his solid and consistent support,” Isaacson said.

[Ebon]

http://lezgetreal.com/2011/02/lisa-l...sgender-lives/


"If you are fortunate enough to receive the new Oprah Winfrey Network, there is a show coming up Tuesday, Feb. 22, at 10 p.m. Eastern that I urge you to watch. Please.

Lisa Ling’s Our America is doing an hour on “Transgender Lives.” I’ve spent the past ten years, as the mother of a transgender, painfully aware of the fact that LGBT ought to be written LGB and maybe T. Transgenders (and please don’t bother with comments about what everyone wants to be called) are the odd-ones-out in the LGB community. They don’t fit into any of the neat little classifications that everyone seems to have for themselves and everyone else. But they don’t fit into mainstream society either. They don’t even fit with each other most of the time, with too many variations of the medical and psychological issues.

I’m asking you to take an hour and learn a bit more about transgenderism, please. If you can’t watch it on Tuesday, or TiVo it or whatever, it will be rebroadcast on Sunday at 9 p.m. Eastern.

Thank you."

[princessbelle]

Originally Posted by Ebon

http://lezgetreal.com/2011/02/lisa-l...sgender-lives/


"If you are fortunate enough to receive the new Oprah Winfrey Network, there is a show coming up Tuesday, Feb. 22, at 10 p.m. Eastern that I urge you to watch. Please.

Lisa Ling’s Our America is doing an hour on “Transgender Lives.” I’ve spent the past ten years, as the mother of a transgender, painfully aware of the fact that LGBT ought to be written LGB and maybe T. Transgenders (and please don’t bother with comments about what everyone wants to be called) are the odd-ones-out in the LGB community. They don’t fit into any of the neat little classifications that everyone seems to have for themselves and everyone else. But they don’t fit into mainstream society either. They don’t even fit with each other most of the time, with too many variations of the medical and psychological issues.

I’m asking you to take an hour and learn a bit more about transgenderism, please. If you can’t watch it on Tuesday, or TiVo it or whatever, it will be rebroadcast on Sunday at 9 p.m. Eastern.

Thank you."

I've been seeing this advertised as well!!!! I'm gonna tape it. I hope it is what "we" will be proud of. Keepin fingers crossed.

[Ebon]

Originally Posted by princessbelle

I've been seeing this advertised as well!!!! I'm gonna tape it. I hope it is what "we" will be proud of. Keepin fingers crossed.

Yeah it will interesting to see how they do it.

[EnderD_503]

Originally Posted by Ebon

http://lezgetreal.com/2011/02/lisa-l...sgender-lives/


"If you are fortunate enough to receive the new Oprah Winfrey Network, there is a show coming up Tuesday, Feb. 22, at 10 p.m. Eastern that I urge you to watch. Please.

Lisa Ling’s Our America is doing an hour on “Transgender Lives.” I’ve spent the past ten years, as the mother of a transgender, painfully aware of the fact that LGBT ought to be written LGB and maybe T. Transgenders (and please don’t bother with comments about what everyone wants to be called) are the odd-ones-out in the LGB community. They don’t fit into any of the neat little classifications that everyone seems to have for themselves and everyone else. But they don’t fit into mainstream society either. They don’t even fit with each other most of the time, with too many variations of the medical and psychological issues.

I’m asking you to take an hour and learn a bit more about transgenderism, please. If you can’t watch it on Tuesday, or TiVo it or whatever, it will be rebroadcast on Sunday at 9 p.m. Eastern.

Thank you."

I've been hearing people talk about this over the last few days and really wish I had the means to watch it today! Hopefully I'll be able to find it on youtube or elsewhere online!

[rlin]

http://www.365gay.com/news/more-us-c...ender-surgery/

[~Bo]

There's a Transgender documentary on OWN hosted by Lisa Ling tonight at 10PM.

[DomnNC]

For those unable to get the OWN Network on their tv, here's a link that you can watch it. I'm sure it'll be posted there by tomorrow or the next couple of days.

http://www.oprah.com/own/videos.html

[DapperButch]

Originally Posted by Ebon

http://lezgetreal.com/2011/02/lisa-l...sgender-lives/


"If you are fortunate enough to receive the new Oprah Winfrey Network, there is a show coming up Tuesday, Feb. 22, at 10 p.m. Eastern that I urge you to watch. Please.

Lisa Ling’s Our America is doing an hour on “Transgender Lives.” I’ve spent the past ten years, as the mother of a transgender, painfully aware of the fact that LGBT ought to be written LGB and maybe T. Transgenders (and please don’t bother with comments about what everyone wants to be called) are the odd-ones-out in the LGB community. They don’t fit into any of the neat little classifications that everyone seems to have for themselves and everyone else. But they don’t fit into mainstream society either. They don’t even fit with each other most of the time, with too many variations of the medical and psychological issues.

I’m asking you to take an hour and learn a bit more about transgenderism, please. If you can’t watch it on Tuesday, or TiVo it or whatever, it will be rebroadcast on Sunday at 9 p.m. Eastern.

Thank you."

Show is starting now folks!

[durrrrrrrr]

Originally Posted by Ebon

http://lezgetreal.com/2011/02/lisa-l...sgender-lives/


"If you are fortunate enough to receive the new Oprah Winfrey Network, there is a show coming up Tuesday, Feb. 22, at 10 p.m. Eastern that I urge you to watch. Please.

Lisa Ling’s Our America is doing an hour on “Transgender Lives.” I’ve spent the past ten years, as the mother of a transgender, painfully aware of the fact that LGBT ought to be written LGB and maybe T. Transgenders (and please don’t bother with comments about what everyone wants to be called) are the odd-ones-out in the LGB community. They don’t fit into any of the neat little classifications that everyone seems to have for themselves and everyone else. But they don’t fit into mainstream society either. They don’t even fit with each other most of the time, with too many variations of the medical and psychological issues.

I’m asking you to take an hour and learn a bit more about transgenderism, please. If you can’t watch it on Tuesday, or TiVo it or whatever, it will be rebroadcast on Sunday at 9 p.m. Eastern.

Thank you."

I also seen it advertised, and I am watching it now

[Corkey]

Taping it so my wife can watch with.

[EnderD_503]

Figured I'm not the only one who couldn't watch Transgender Lives on TV, so dropping a link I just found today. You can either stream or download the episode here: http://www.watchseries-online.com/20...der-lives.html

Pretty good, but my connection cut off and couldn't see the last 10 minutes. It was better than I expected for a mainstream-ish show.

[Alpha Dog]

"Transmen" is a documentary that follows the lives of three Tennesseans during their transition from females to males. Each transman faces his own struggles in the film, such as the availability of health insurance for surgeries and discrimination in the workplace and school, as well as coming out as transgender to their friends and family. Currently, Tennessee is the only state with a "law" that bans gender changes on birth certificates. Ohio and Idaho have policy bans that can be overturned by an executive order signed by the governor or government agency. Tennessee is the only one with a law that passed the legislature. This film is a call to action for people to become involved in lesbian, gay, bisexual and transgender issues and lobby for legislation that will protect and serve all Tennesseans equally.

View the trailer. http://transmen.tumblr.com/


SPREAD THE WORD FAR AND WIDE!!!

[EnderD_503]

A lot going on in the news lately.

The good news:

The Liberal/Left cooperates for Transgender Rights in Canada. Since New Democrat Bill Siksay (previous champion for Bill C-389) has decided to retire, some felt their hopes dashed regarding the passing of Bill C-389, a Bill that would recognise transgender rights Canada-wide by entering gender identity and expression into the Canadian Charter and Criminal Code.

But yesterday Hedy Fry of the Liberal Party of Canada has assured that she will sponsor Bill C-389 after the elections (Bill passed through 3 readings in the House of Commons and entered the Senate for a final vote, only to be stalled. Now that an election has been called, the Bill needs to start from scratch again).

http://www.xtra.ca/public/National/L...ent-10026.aspx

Bad news:

Recently been reported that a jail in the US was mistreating and even sexually assaulting its LGBT immigrant detainees. At least two transgender detainees (in two separate articles) have spoken out about the abuse they suffered at the hands of jailers.

WOODSTOCK – The McHenry County Jail is named in a civil-rights complaint alleging abuse of lesbian, gay, bisexual and transgender immigrants while in custody at facilities owned or contracted by Immigration and Customs Enforcement.

On behalf of 13 people, Chicago-based Heartland Alliance National Immigrant Justice Center filed the action with the Department of Homeland Security’s Office of Civil Rights and Civil Liberties and the Inspector General’s Office.

One complainant, an HIV-positive transgender who identifies as a woman, said she was groped by McHenry County Jail staff, placed in administrative and solitary segregation and denied basic privileges during that time, and constantly threatened and harassed by both detainees and jail staff, resulting in severe psychological harm.

She said she was detained in McHenry County for almost nine months and “living in hell.” She said she was isolated from the other inmates, with the only human interaction being from the guards who yelled at her, slammed doors in her face, called her names, and physically assaulted her.

In September 2009, she alleges that an officer began teasing her, including giving her the middle finger and calling her a “f-----.”

“One of the officers squeezed my breasts very hard,” she said. “I am taking hormones and because of this, it hurt a lot when he squeezed my breasts.”

She said the officers made sexual gestures and did not protect her from harassment by other inmates.

“The officers would stop by my cell to make fun of me,” she said. “They imitated my voice and fluttered their hands to make fun of my transsexual mannerisms.”

She also said she was put in a basement cell for two days on separate occasions, and while there she was not properly fed or clothed.

Officials confirmed that a transgender ICE detainee was in the McHenry County Jail during the time of the alleged abuse from July 2009 to April 2010 and was placed in protective custody.

Assistant State’s Attorney Don Leist said there was no foundation for the allegations.

“We completely and utterly deny these allegations,” he said.

Alliance leaders said the allegations within the complaint went beyond mistreatment by a few guards. They included blanket policies against the immigrants, such as the rule at the Theo Lacy facility in California that keeps all gay and transgender immigrants confined to their cells for 22 hours and the practice at a Santa Ana, Calif., jail that denies hormone treatments to transgender immigrants.

Read more: http://www.nwherald.com/2011/04/14/c...laint/ak1z2ks/

More bad news (why is it so often bad news?): As some may have heard, a transwoman was beaten, though thankfully not killed, by two men in San Fransisco earlier this week. But seems like there was a strong reaction by the SF lgbt community. Report of the rally against violence: http://ht.ly/4BGwO

This just goes to show how far we have to go all over the world when it comes to trans rights. This shit should not be happening anymore.

[Quintease]

This is happening in Australia. Two transmen are taking on the Government for legal recognition of their gender, AH & AB, and now have the go-ahead to go to the High Court! Until now Transmen haven't been recognised as male, nor been entitled to a gender certificate until they were physically sterile, as the possibility of Australia having a 'pregnant man' was just too much to bear

They're currently looking for financial support so I thought I'd put it out there for any Australia BFP members http://www.gofundme.com/High-Court-Challenge

[blackboot]

Hawaii Legislature Passes Transgender Employment Protections
by Tony Wagner

"Yesterday, by a 45-4 vote, the Hawaii House concurred with the Senate on a HB 546 SD1, a bill codifying prohibitions against discrimination in employment on the basis of gender identity. The bill now heads to Governor Abercrombie, who has said he will sign it into law. Upon Governor’s signature, Hawaii will join 12 states and the District of Columbia in banning discrimination on the basis of gender identity in employment, housing and public accommodations.

HRC worked closely with Equality Hawaii to build both public and legislative support for this legislation. Through this joint effort, thousands of phone calls, emails and handwritten letters were sent to legislators urging them to approve this legislation."