Ten Reasons Why the Transvestic Disorder Diagnosis in the DSM-5 Has Got to Go

Kelley Winters, Ph.D.
GID Reform Advocates
www.gidreform.org
kelley@gidreform.org

The classification of gender diversity and nonconformity to birth-assigned gender roles as mental illness by the American Psychiatric Association (APA) has drawn growing protest and outrage from transpeople and and allies worldwide. The Diagnostic and Statistical Manual of Mental Disorders (DSM), published by the APA, is regarded as the medical and social definition of mental disorder throughout North America and strongly influences international diagnostic nomenclature. The fifth edition of the manual, the DSM-5, is in development and scheduled for publication in 2013. While the diagnostic category of Gender Identity Disorder (GID) has garnered most of the controversy, a second category of so-called Transvestic Fetishism (TF) has harmed transwomen, including transsexual women, as well as male-to-female crossdressers, dual gender and gender nonconforming people since the earliest days of the DSM. Trans and LGB advocates have been inexplicably quiet about the TF category, even after the APA proposed to expand the category in the DSM-5, renamed Transvestic Disorder, to implicate gender nonconforming people of all sexes and all sexual orientations.

The proposed DSM-5 diagnosis of Transvestic Disorder, even worse than its predecessor Transvestic Fetishism, labels gender expression not stereotypically associated with assigned birth sex as inherently pathological and sexually deviant. The diagnosis is punitive and scientifically capricious, serving to punish social and sexual gender nonconformity and enforce binary stereotypes of assigned birth sex. Here are ten reasons why the Transvestic Disorder diagnosis should be eliminated entirely from the DSM-5.

1. Diagnosis of Diversity

The World Professional Association for Transgender Health (WPATH), formerly the Harry Benjamin International Gender Dysphoria Association, (HBIGDA), publishes recognized standards of medical transition care for those who need it. In May, 2010, WPATH issued the following pivotal statement on de-psychopathologisation of gender variance,

The WPATH Board of Directors strongly urges the de-psychopathologisation of gender variance worldwide. The expression of gender characteristics, including identities, that are not stereotypically associated with one’s assigned sex at birth is a common and culturally-diverse human phenomenon which should not be judged as inherently pathological or negative. The [psychopathologisation] of gender characteristics and identities reinforces or can prompt stigma, making prejudice and discrimination more likely, rendering transgender and transsexual people more vulnerable to social and legal marginalisation and exclusion, and increasing risks to mental and physical well-being. WPATH urges governmental and medical professional organizations to review their policies and practices to eliminate stigma toward gender-variant people.

Gender expression that differs from social expectations of assigned birth sex does not meet any medical or scientific definition of mental pathology. Difference is not disease.

2. Stigma of Sexual Deviance

Transvestic Disorder is classified as a “paraphilic” sexual disorder, grouped with diagnoses of such harmful behaviors as pedophilia and exhibitionism. The resulting stereotypes of sexual deviance deny human dignity and civil justice to transgender and gender variant people, including transsexual individuals, who consequently lose their jobs, homes, families, children, freedoms and access to public accommodation.

In the United States, these false stereotypes were exemplified in a full-page newspaper ad campaign in 2008 by Focus on the Family, a political extremist group opposed to civil rights for transpeople in the state of Colorado. A transwoman was depicted in a photo as a disheveled suspicious male in dirty work boots, lurking in a women’s restroom as a little girl stepped out of a stall. The ad contained the headline, “Colorado Just Opened Its Bathrooms to Either Sex!” with the phrase, “sexual predator.” The association of transwomen with sexual predation and threat to children was in reference to the association of transwomen with “paraphilia” in the DSM.

3. Denial of Civil Justice

In the DSM-III, the APA stated, “The crucial issue in determining whether or not homosexuality per se should be regarded as a mental disorder is not the etiology of the condition, but its consequences and the definition of mental disorder.” Tragically, the APA has neglected to apply this same logic to the consequences of psychopathologization of gender variance and nonconformity.

For example, Andrea Lafferty, of the extremist Traditional Values Coalition, exploited the TF and GID diagnostic categories to oppose national employment nondiscrimination legislation for GLBTQ Americans in a CBS News interview this year. Lafferty cited the APA while repeating that transpeople have “a serious mental disorder” and represent a threat to children. In fact, the current TF and GID nomenclature have played a pivotal role in the ongoing defeat of the Employment Nondiscrimination Act (ENDA) in the U.S. Congress, as opponents have focused on sensational false stereotypes of mental illness and sexual deviance rather than direct attack against gay and lesbian people.

4. Pathologization of Ordinary Behaviors.

The supporting text of the Transvestic Fetishism diagnosis describes behaviors that would be ordinary or even exemplary for cisgender women as symptomatic of mental disorder for transgender women and gender nonconforming males. These include wearing female clothing, dressing entirely as females, wearing makeup, expressing feminine mannerisms and appearing publicly in a feminine role. The text goes so far as to list “involvement in a transvestic subculture” among pathological “transvestic phenomena.” It is not clear how the very same behaviors and social/political affiliations can be pathological for one group of people and not for others.

5. Harm to Transsexual Women

The proposed Transvestic Disorder category is not limited to crossdressers or male-identified people. It also targets transsexual women with a specifier of “autogynephilia,” a deeply offensive label that sexualizes ordinary and customary social gender expression and promotes a poorly supported and socially defamatory theory that transsexual women transition to satisfy a sexual fetish rather than attain harmony with their experienced gender identity. The label of Transvestic Fetishism has also been used to deny medical transition treatment for transsexual indivicuals who need it. For example, the diagnosis was cited by Federal attorneys against Ms. Rhiannon O’Donnabhainn in her recent landmark case in U.S. Tax Court. They used the TF category to promote a false stereotype of fetishism to argue that corrective transition surgeries for transsexual women are not medically necessary.

6. Harm to Transmen

In June of this year, the phrase “in a male,” in reference to birth-assigned sex, was removed from criterion A for the proposed Transvestic Disorder without explanation. As a result, transmen and masculine or butch women may now be implicated with Transvestic Disorder because of the clothes they wear. A new specifier of “with autoandrophilia” was added to the diagnostic criteria to target transsexual men, much as the specifier of “autogynephilia” would target and defame transsexual women.

7. Harm to Non-erotically Motivated Crossdressers

Ambiguous language in Criterion A of the APA Transvestic Disorder proposal implicates sexual expression “involving” crossdressing, without evidence of causation. Thus, virtually any gender expression among bigender, dual-gender or genderqueer people that is coincident with any kind of a sex life may be inferred as diagnosable, whether erotically motivated or not.

It is apparent that DSM authors have long intended for the TF diagnosis to implicate non-erotic or ambiguously erotic crossdressing as a fetishistic psychopathology. For example, the DSM-IV Casebook recommended a Transvestic Fetishism diagnosis for a male-identified subject whose crossdressing was not necessarily sexually motivated.

8. Harm to Erotically Motivated Crossdressers

Crossdressing that is erotically motivated is a benign consensual sexual expression that does not rise to the definition of mental illness. There is no scientific justification for labeling this behavior as mentally or sexually pathological. The DSM-IV-TR states, “Neither deviant behavior … nor conflicts that are primarily between the individual and society are mental disorders unless the deviance or conflict is a symptom of dysfunction…”

9. Harm to Ego-Dystonic (self-unaccepting) Crossdressers

The APA proposal for Transvestic Disorder, pathologizes ego-dystonic crossdressers, who are distressed by internalized shame and societal transphobia, very much as the previous diagnosis of Ego-Dystonic Homosexuality in the DSM-III pathologized victims of social homophobia. Ego-Dystonic Homosexuality was removed entirely from the DSM-III-R in 1987, because it inexorably associated all same sex orientation with pathology and because “almost all people who are homosexual first go through a phase in which their homosexuality is ego-dystonic.” The very same logic should apply to the Transvestic Disorder diagnosis in the DSM-5. It would be tragic for the APA to perpetuate a diagnosis so analogous to Ego-Dystonic Homosexuality of the last century.

10. Implicit Endorsement of Gender-Reparative Therapies

In 2008, the American Psychiatric Association (APA) released public statements that, “…the DSM is a diagnostic manual and does not provide treatment recommendations or guidelines.” In fact, however, diagnostic nomenclature and treatment are inseparably related. The efficacy of all drug and psychotherapy treatments are judged according to specific diagnostic criteria listed in the DSM and ICD. The diagnostic criteria for the proposed Transvestic Disorder in the DSM-5 favor gender-reparative therapies that serve to repress gender nonconforming fantasies, urges and behaviors, described in criterion A. Bigender, dual gender or gender variant individuals who are not shamed into repression but are distressed by external societal intolerance, would perpetually meet the criteria regardless of how happy and functional they might otherwise be.
It is time to call upon the APA leadership to reject the proposed diagnostic category of Transvestic Disorder and remove nomenclature from the DSM that casts crossdressing and gender role nonconformity in themselves as mental disorder.

Appendix A: DSM-IV-TR Diagnostic Criteria for Transvestic Fetishism
(APA 2000)

A. Over a period of at least 6 months, in a heterosexual male, recurrent, intense sexually arousing fantasies, sexual urges, or behaviors involving cross-dressing.

B. The fantasies, sexual urges, or behaviors cause clinically significant distress or impairment in social, occupational, or other important areas of functioning

Specify if: With Gender Dysphoria: if the person has persistent discomfort with gender role or identity

Appendix B: Proposed DSM-5 Diagnostic Criteria for Transvestic Disorder
(APA 2010)

A. Over a period of at least six months, recurrent and intense sexual fantasies, sexual urges, or sexual behaviors involving cross-dressing.

B. The fantasies, sexual urges, or behaviors cause clinically significant distress or impairment in social, occupational, or other important areas of functioning.:

Specify if:

With Fetishism (Sexually Aroused by Fabrics, Materials, or Garments)

With Autogynephilia (Sexually Aroused by Thought or Image of Self as Female)

With Autoandrophilia (Sexually Aroused by Thought or Image of Self as Male)

Specify if:

In Remission (During the Past Six Months, No Signs or Symptoms of the Disorder Were Present)

In a Controlled Environment

References

American Psychiatric Association (1987). Diagnostic and Statistical Manual of Mental Disorders, Third Edition, Revised, Washington, D.C., p. 426.

American Psychiatric Association (1994). Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Washington, D.C., p. xxii.

American Psychiatric Association (2000). Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision, Washington, D.C., pp. xxxi, 574-5.

American Psychiatric Association (2008), “APA STATEMENT ON GID AND THE DSM-V,”http://www.psych.org/MainMenu/Research/DSMIV/DSMV/APAStatements/APAStatementonGIDandTheDSMV.aspx , May 23

American Psychiatric Association (2010) “DSM-5 Development; Proposed Revisions, 302.3
Transvestic Fetishism,” http://www.dsm5.org/ProposedRevisions/Pages/proposedrevision.aspx?rid=189

Blanchard, R. (1989). “The Classification and Labeling of Nonhomosexual Gender Dysphoria,” Archives of Sexual Behavior, v. 18 n. 4, p. 322-323.

Cordes, N., CBS News (2010). “Washington Unplugged,” April 20 http://www.cbsnews.com/video/watch/?id=6414895n (audio excerpts of Andrea Lafferty, of the Traditional Values Coalition, repeating slurs of mental disorder are available at http://www.gidreform.org/cbslafferty1.mp3 )

DeCuypere, G., Knudson G., & Bockting, W. (2010). “Response of the World Professional Association for Transgender Health to the Proposed DSM 5 Criteria for Gender Incongruence,” http://www.wpath.org/documents/WPATH%20Reaction%20to%20the%20proposed%20DSM%20-%20Final.pdf

Focus on the Family Action (2008). Colorado Springs, CO, http://www.citizenlink.com. Photo available online athttp://www.gidreform.org/2008FOFsb2006.jpg

Lev, A., Alie, L., Ansara, Y., Deutsch, M., Dickey, L., Ehrbar, R., Ehrensaft, D., Green, J., Meier, S., Richmond, K., Susset, F., Winters, K. (2010). Professionals Concerned With Gender Diagnoses in the DSM Statement on Transvestic Disorder in the DSM-5,http://gidconcern.wordpress.com/statement-on-transvestic-disorder-in-the-dsm-5/

Serano, J. (2009). “Autogynephilia’ and the psychological sexualization of MtF transgenderism,” International Foundation for Gender Education 2009 Conference, Alexandria VA, March, http://ai.eecs.umich.edu/people/conway/TS/IFGE2009/Disordered_No_More.html#Julia

Spitzer, R., editor (1994), DSM-IV Casebook, A Learning Companion to the Diagnostic and Statistical Manual of Mental Disorders (fourth edition), American Psychiatric Press, pp. 257-259.

Winters, K. (2008). Gender Madness in American Psychiatry: Essays from the Struggle for Dignity. CO: GID Reform Advocates, pp. 33-43.

Winters, K., (2010). “A Taxing Question of Medical Necessity,” GID Reform Advocates Essay Series on Gender Diagnoses in the DSM-V, Feb 6,http://www.gidreform.org/blog2010Feb06.html

Winters, K. (2010). “Comments on the Proposed Revision to 302.3 Transvestic Fetishism,” http://www.gidreform.org/201004APATFkwB.pdf

World Professional Association for Transgender Health (2010). “Statement Urging the De-psychopathologisation of Gender Variance,”http://wpath.org/

Petition site:
http://www.change.org/petitions/view/remove_transgender_from_the_dsm-5

Register HERE with The APA to comment:
http://www.dsm5.org/Pages/Registration.aspx

# # # # # # # # #

Back Ground Information

APA's DSM-5 Development Page
http://www.dsm5.org/Pages/Default.aspx

GID Reform.org
http://www.gidreform.org/index.html

Trans Left Out Again - This Time By The UN

Monica Roberts of TransGriot wrote

Damn, can my trans brothers and trans sisters get any love in any organizational body this holiday season?

Despite having transpeople such asSass Rogando Sasotand Miss Major testify in front of UN commissions about the discrimination and violence we face around the world, when it came time for the UN to stand and deliver on a resolution on unjustified killings, guess who was left in the cold again?

Every two years the UN General Assembly passes resolutions condemning extrajudicial, summary and arbitrary executions and other killings. The resolution condemns killings for racial, national, ethnic, religious or linguistic reasons and killings of refugees, indigenous people and other groups. In 2008 an explicit reference condemning killing based on the victim's sexual orientation was inserted into the resolution. .


Last month there was a resolution sponsored by Muslim, Caribbean and African nations in the UN General Assembly's Human Rights Committee to delete the sexual orientation reference in that extrajudicial killings resolution . The successful action by the Bloc of Haters to remove it triggered a firestorm of criticism from Western nations, human rights organizations and activists around the world.

It led to a resolution sponsored by the United States to restore the 'sexual orientation' reference that was removed last month with the main opposition coming from the same nations that led the push to remove it.

The resolution to restore the language passed in committee with 93 votes in favor, 55 against and 27 abstentions. It then went to the 192 nation member UN General Assembly and passed with 122 YES votes, none against and 59 abstentions.

"Today, the United Nations General Assembly has sent a clear and resounding message that justice and human rights apply to all individuals regardless of their sexual orientation," said US Ambassador to the UN Dr. Susan Rice in a statement.

Boris Dittrich of Human Rights Watch echoed Dr. Rice. "We are relieved by the result of the vote," he said in a statement "Countries that tried to roll back crucial protections for gay and lesbian people have been defeated."

Congratulations* GL community. While once again you've had your human rights affirmed and this time in an international arena, the human rights of the trans people around the world who are taking the brunt of the hate casualties are left hanging.

It's days like this that make me wonder does anybody give a damn or even care that our humanity as transpeople is under attack? Did y'all forget this and the fact that transpeople around the world are being brutally murdered in extrajudicial, summary and arbitrary executions and other killings when the UN General Assembly had this vote?

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Do justice and human rights apply to trans people as well? Because the 'all peoples of all nations' part of the UN Declaration of Human Rights we submit includes trans people as well.

Oh well, maybe in 2012 we transpeople will qualify for inclusion in this UN resolution

Hate Crimes: The Rise of 'Corrective' Rape in South Africa

“Violence against women and girls continues unabated in every continent, country and culture. It takes a devastating toll on women’s lives, on their families, and on society as a whole.
Most societies prohibit such violence — yet the reality is that too often, it is covered up or tacitly condoned.” Ban Ki Moon, UN Secretary General.
“They tell me that they will kill me, they will rape me and after raping me I will become a girl. I will become a straight girl.”
Zakhe, 23, Soweto.

Violence crosses boundaries of class, race, age and sexual orientation. It causes injury and death, but also prevents women and girls from getting an education, accessing health care, earning a living, to participating in their communities and wider society.
In South Africa, no woman is safe from violence. There are an estimated 500,000 rapes, hundreds of murders and countless beatings carried out every year. Shockingly, it is estimated that almost half of all South African women will be raped during their lifetime.2 And for every 25 men bought to trial for rape in South Africa, 24 walk free.3
This shameful record of male domination and violence has helped build an increasingly brutal and oppressive culture, in which women are forced to conform to gender stereotypes or suffer the consequences.
As part of this oppression, the country is now witnessing a backlash of crimes targeted specifically at lesbian women, who are perceived as representing a direct and specific threat to the status quo. This violence often takes the form of ‘corrective’ rape – a way of punishing and ‘curing’ women of their sexual orientation.
In early 2009 ActionAid carried out interviews with 15 survivors of these crimes and the organisations that work with them. They told us their own stories, and many more of friends who had died.
It is their words that form the basis of this report.
“At school I was betrayed by my best friend. He told me to come to his house for a school assignment but when I got to the house we fought until he hit me so hard I collapsed, and then he raped me because he said I needed to stop being a lesbian. Afterwards I got pregnant and had a baby. The second time my soccer friends and I were kidnapped at gunpoint and they took us somewhere far away and did what
they wanted with us for three days. We told the police but the case just disappeared. Nothing happened because they all thought I deserved it. These men are still walking free.”
Nomawabo, 30, Limpopo, South Africa.

Sexual orientation and human rights

Human rights violations targeted at people because of their sexual orientation are a global phenomenon. They include sexual assault, rape, torture and murder, as well as denial of employment, education and other basic rights.
Discrimination against lesbian, gay, bisexual and transgender (LGBT) people is underpinned by heteronormativity. This is the idea, dominant in most societies, that heterosexuality is the only ‘normal’ sexual orientation, only sexual or marital relations between women and men are acceptable, and each sex has certain natural roles in life, so-called gender roles. In many places, women and men who transcend these norms or challenge these roles face discrimination and violence.

In 86 UN member states, homosexuality is illegal and in seven countries it is punishable by death.4 South Africa is one of the only countries in the world that explicitly prohibits discrimination on the basis of sexual orientation in its constitution, but many other countries guarantee the rights of LGBT people through law. However, as this report shows, for LGBT people to enjoy their rights, it is critical that they are promoted, protected and fulfilled by the state.
In December 2008, the UN issued a declaration on sexual orientation and gender identity. Sixty-six countries have signed the declaration, including six countries in Africa. The United States, India and South Africa are among the countries that have not yet signed.

Hate Crimes: The Rise of 'Corrective' Rape in South Africa

Landmark Kenyan Intersexed Case .... "third gender" application to the statutes rejected

A landmark court case filed by Richard Muasya, an intersex person, has been decided by Kenyan High Court judges Hannah Okwengu, Ruth Sitati and George Dulu. Richard Muasya has been awarded Sh500,000 for the inhuman and degrading treatment he experienced at Kamiti Maximum Prison. His request to have a third gender introduced into Kenya’s books of statutes has been rejected. …

MEDIA commentary throughout the trial has focused on religious arguments that instituting a “third sex” or “third gender” will somehow open the floodgates to homosexuality in Kenya.

According to his testimony, Richard Muasya has experienced lifelong persecution simply for being born intersex – such persecution is motivated by the fear that the person in question has somehow been born with a body that is intrinsically homosexual. As a result he was refused a birth certificate and other official documentation throughout his life, making it impossible to live as a normal human being.

Besides the homophobic argument against an official third sex or gender – OII Australia believes that such constructs are not useful to intersex people anyway – the other argument against Muasya is that intersex does not exist in Kenya and that he is the only one in the country.

If that is the case, the Kenya is surely unique among all the world’s nations. In reality, intersex people exist in every nation and in far higher numbers that are commonly believed.

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

PETITION NO.705 OF 2007

IN THE MATTER OF SECTION 84(1) OF THE CONSTITUTION OF

KENYA

AND

IN THE MATTER OF ALLEGED CONTRAVENTION OF

FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

UNDER SECTIONS 74(1), 77(1), 82(1), (3) AND (8) OF THE

CONSTITUTION OF KENYA AND BREACHES OF SECTIONS 28,

30, 31 AND 38 OF THE PRISONS ACT CAP 90, RULES 25(1),

103 AND 104 OF THE PRISONS RULES, SECTION 2B AND 7 OF

THE BIRTHS AND DEATHS REGISTRATION

ACT CAP 149

BETWEEN

RICHARD MUASYA………………............PETITIONER/APPLICANT

VERSUS

THE HON. ATTORNEY GENERAL………….........1ST RESPONDENT

(Being sued on his own behalf)

THE COMMISSIONER OF PRISONS……………...2ND RESPONDENT

THE COMMISSIONER OF POLICE……………….3RD RESPONDENT

THE REGISTRAR OF BIRTHS AND DEATHS…4TH RESPONDENT

HON. EVANS K. MAKORI MAGISTRATE………..5TH RESPONDENT

AND

THE KENYA HUMAN RIGHTS COMMISSION………………………………………..1ST AMICUS CURIAE

THE KENYA GAY AND LESBIAN TRUST……2ND AMICUS CURIAE

KENYA NATIONAL COMMISSION FOR

HUMAN RIGHTS…………………………............3RD AMICUS CURIAE

THE LEGAL RESOURCES

FOUNDATION (LRF)……………………1ST INTERESTED PARTY

THE CHILDREN’S RIGHTS ADVISORY

DOCUMENTATION LEGAL

EDUCATION FOUNDATION (CRADLE).2ND INTERESTED PARTY

KITUO CHA SHERIA LEGAL ADVICE

CENTRE………………………………………3RD INTERESTED PARTY

CENTRE FOR RIGHTS, EDUCATION AND

AWARENENSS FOR WOMEN

(CREAW)………………………………………4TH INTERESTED PARTY

KENYA CHRISTIAN LAWYERS

FELLOWSHIP………………………………5TH INTERESTED PARTY

ARGUMENTS IN FAVOUR OF THE PETITION:

Petitioner’s Submissions

15. Mr. Chigiti who argued the petition on behalf of the petitioner, submitted that the petitioner being a person who because of a genetic condition was born with reproductive organs or chromosomes that were not exclusively male or female is an intersexual. Noting that there was no legal definition of an intersex in Kenyan Law, he referred the court to the definition in “The Judicial Matters Amendment Bill, 2005 of South Africa,” which proposed to amend the Promotion of Equality and Prevention of Unfair Discrimination Act 2000 (PEPUDA), by introducing a definition of intersex as follows: Intersex means congenital physical sexual differentiation which is atypical to whatever degree. This definition is already included in Section 1of the South African “Alteration of Sex Description and Sex Status Act No.49 of 2003.” Reference was also made to “The Legislation Act 2001” of Australia, which defines an intersex as “a person who because of a genetic condition was born with reproductive organs or sex chromosomes that are not exclusively male or female”.

16. Our attention was drawn to the medical report prepared by Dr. Nyakeri a Medical Officer at Kamiti Prison. This report showed that the petitioner had undeveloped male and female sexual organs, and had male hermaphroditism. It was submitted that in terms of the above referred to definitions, the petitioner was an intersex, the term hermaphrodite being no longer in use. It was argued that as an intersex person, the petitioner has no legal recognition before the law. This is evident in the Births and Deaths Registration Act, Cap 149 Laws of Kenya which makes no mention or reference to intersex. As a result of such omission, the petitioner(and others like him), are not treated equally before the law.

17. An issue was taken with Section 7 of the Births and Deaths Registration Act, which requires every birth to be registered and “prescribed particulars” to be maintained, and Section 2 of the same Act which defines“prescribed particulars” to mean:

“(a) as to any birth, the name, sex, date and place of birth, and the names,residence, occupation and nationality of the parents;

(b) as to any death, the name, age, sex, residence, occupation, and nationality of the deceased, and the date, place and cause of death ---”

18. It was pointed out that in line with the above definition, the forms provided in the schedule in the Births and Deaths Registration Act, made provision for only two check boxes for “male” or “female”. Since the particulars in the forms are the ones that facilitate the issuance of a Birth Certificate, an Applicant must fill either box. Leaving both boxes blank, would result in an Applicant not being issued with the Birth Certificate, a document which is viewed by the petitioner as a very crucial document for his identity.

It was argued that because Form B1 makes no provision for intersex persons, the petitioner and others like him lack legal recognition and statutory protection. It was submitted that there is therefore no equality before the law for intersex persons who are neither male nor female, men or women, boys or girls, him or her.

19. Taking the argument on lack of legal recognition, further it was contended that the issuance of a Birth Certificate to any person under the Births and Deaths Registration Act, means that such a person is recognized and acknowledged as being in existence Such a person then, becomes entitled to a number of human rights.

Such rights include the following:-

 Access to healthcare

 Access to immunization (this is part of healthcare)

 Enrollment in school at the right age

 Enforcement of laws relating to minimum age for employment,

assisting efforts to prevent child labour

 Effectively countering forced marriage of young girls before

they are legally eligible, without proof of marriage

 Protection against under-age military service or conscription

 Protection from child harassment by police and other law

enforcement officers

 Securing a child’s right to nationality either at birth or at a

later date

 Protection against trafficking in children including repatriation

and family reunion

 Getting a passport, opening a bank account, obtaining credit voting or finding employment.

.....................Reliance was placed on the Australian case of Re A (1993), Deakins Law Review, Vol. 9, Issue No. 2 at page 380, wherein the court in regard to a decision to determine gender and give consent to sex correction surgery, held that the decision to proceed with the proposed treatment did not fall within the ordinary scope of parental power to consent to medical treatment. The court proceeded to give consent to the surgery having given due consideration to expert evidence.

49. It was argued that there was need for appropriate legislation or rules and regulations that govern parental responsibility and corrective surgeries on intersexual children. The court was urged to apply the provisions of the Children’s Act 2001 .........................

Please read the entire 94 Paged ruling and background on this landmark petition (PETITION 705.07) in PDF.

also see Kenyan Jurist – The Intersex case

Peace and tolerance.

H

Richard Muasya Ruling

Ragashanti defends his "Lesbian Mix-up" pieces

As the Ragashanti train rolls on Jamaican radio airwaves he has had an endless streak of sensationlized discussions about stereotypical gay and lesbian life in Jamaica even with full participation of GLBTQI people caught up in the drama. One particular concern raise repeatedly by some of my contacts is a conversation where certain codes and descriptions from our stealth cabinets were used quite openly basically "giving us away"

Meanwhile Dr. Kingsley "Ragashanti" Stewart strove to defend his entertainment column in a popular tabloid today with some anthropological references, have a read:

A jus blessings to mi Tambareen Fambily an Mix Up an Blenda crew. Mi seh dem a done mi fram both sides a di lesbian issue. One man a accuse me of promoting lesbians, an a woman a done mi an a threaten mi seh mi nuh like lesbians. How dem fi do dat?! lol Dem nuh know seh mi a di biggest skettel, an because a straight woman to mi link den dat mek mi di biggest lesbian! DWL!!!! Mad!!

Accusing mi of Promoting Lesbianism

Good afternoon Ragashanti. I would like to know the purpose or intent of your "lesbian mix up" column. Is this some kind of "lesbian promotion" in Jamaica? Don't you think there are other well deserving topics to cover? Are you a gay man trying to highlight lesbians to garner Gay & lesbian unity in Jamaica that is so prevalent in the USA?

Evidently the worst thing that has ever happened to black people was freedom from slavery. That was the ticket to adopt and mimic and endear every lifestyle that colonial masters enjoyed. It's such an irony, to note that when blacks had no freedom their minds were preoccupied with thoughts that empower and enrich ... now that they're free, they are self-destructive. BET channel swept Jamaica by storm and other derogatory cable programs. The rich used the poor boys and girls, then they turn around and use each other. I am by far not a prude, but eroticism goes beyond simple minded indulgences.

Do what you do, if that's all you can do. However, heterosexuals have enough issues to deal with as they are becoming outnumbered and surely don't need anymore "gay & lesbian promotions". You would not write a column promoting the residents of Bellevue mental hospital courting each other, yet you promote this other group who has a mental deficit, simply because it involves "sex".

History has proven that gays & lesbians are mentally ill, yet because psychologist and other individuals who use to tend to these persons were violating them "sexually" in various institutions and found sexual gratification from the experience, they later recanted and said this was no longer an illness.I guess for most humans it all comes down to sex in all forms. Pretty soon a column will be written about people who want to screw and marry their pets. A sick evolution. I'm just disappointed that "Jamaicans" have become such weaklings.

Missa Man ... I am The King of Mix UP! A mix up mi say straight!! Mi deal wid all kinda mix up: parson mix up, wedding mix up, funeral mix up, police mix up, politician mix up, obeah mix up, lesbian mix up ... a whole host a topics pon mix ups. So if yuh jus waan pick out one topic fram one week an come try done mi dat a your bizniz. Tek weh yuh self an go pree a cemetery.


Lesbian a Attack an a Threaten Mi

Intimidated by women aren't you? I can see why, I've seen your ugly face and I know that it is difficult to get a woman to sleep with you isn't it?

So you take your sexual frustration out by targeting lesbians. Better be careful though because some lesbians fight back.

Targeting lesbians? Me? I actually have lots of good friends who are lesbians. An wi cool like dat. But you might be referring to my opposition to a minority of lesbians who have always opposed my radio programme, opposed my ads with Mandingo tonic wine, and have consistently sought to get the Broadcasting Commission and advertisers to get rid of my radio programme. Maybe you are referring to my vociferous condemnation of the lesbians who are consistently raping young girls and getting away with it because we erroneously believe only men can rape women.

And if you're referring to my strong opposition to the four married women, including the very popular radio announcer who a helper called in and explained that they set her up and raped her at a hotel in Montego Bay, then hear dis ... mi nuh give a damn weh yuh waan say! An if a war yuh a pree ... bring it!

Finally, yuh know you want me ... but mi nuh pet an powda garbage, mi dash weh dat!

Reach Ragashanti at mixupraga@gmail.com or PO Box 5866 Liguanea PO, Kingston 6.

ENDS

UPDATE March 22, 2011

Ragashanti program has since been stopped by the Broadcasting Commission on the grounds of problematic statements going on air, there is now a debate on the role of the commission versus what is acceptable broadcasts and the morality police. Here are two articles on the matters:

Broadcasting Commission moves on 'ragaslackness'

The Nationwide/Ragashanti dilemma

What say you readers?

Peace and tolerance.

H

Human Rights Day 2010 - December 10th theme: "Human rights defenders who act to end discrimination."

December 10th marks the 62nd anniversary of the acceptance by the UN General Assembly of the Universal Declaration of Human Rights. UNHR Site

The theme for Human Rights Day 10 December 2010 is human rights defenders who act to end discrimination.

Human rights defenders acting against discrimination, often at great personal risk to both themselves and their families, are being recognized and acclaimed on this day.

Human rights defenders speak out against abuse and violations including discrimination, exclusion, oppression and violence. They advocate justice and seek to protect the victims of human rights violations. They demand accountability for perpetrators and transparency in government action. In so doing, they are often putting at risk their own safety, and that of their families.

Some human rights defenders are famous, but most are not. They are active in every part of the world, working alone and in groups, in local communities, in national politics and internationally.

Human Rights Day 2010 will highlight and promote the achievements of human rights defenders and it will again emphasize the primary role Governments must play in enabling and protecting their role. The Day is also intended to inspire a new generation of defenders to speak up and take action to end discrimination in all of its forms whenever and wherever it is manifested.

The story does not end after 10 December 2010. The focus on the work of human rights defenders will continue through all of 2011.

Objective:
Celebrate Human Rights Day by using the proven tool of writing letters to save lives.

Each year hundreds of thousands of people across the world mark International Human Rights Day on December 10 by taking part in Amnesty International's Write for Rights Global Write-a-thon - the world's largest letter writing event. We write letters to demand that the rights of individuals are respected, protected and fulfilled. In doing so, we show solidarity with those suffering human rights abuses and work to bring about real change in people's lives.

How to Get Involved:

It's easy! Follow these 5 simple steps to success:

1. SIGN UP to Write for Rights! Participate as an individual, or host an event and invite friends, family, and members of your community to join the call for human rights. Check out our Write for Rights map to find an event near you.

2. SPREAD THE WORD! Tell everyone that you plan to Write for Rights by sending an email or posting on Facebook or Twitter.

3. Get your RESOURCES. Everything you need to participate in Write for Rights is now available, including case summaries, sample letters, promotional materials, and helpful tips for holding a successful Write for Rights event. If you'd like hard copies of these items or have questions, email us: writeathon@aiusa.org.

4. WRITE and MAIL your letters. (December 4-12 are the key dates, but feel free to start earlier or later.)

5. TELL US HOW IT WENT! We want to hear from you: did you meet your letter pledge goal? Do you have great ideas on how we can make next year's Write for Rights even better? Be sure to complete the very brief online evaluation form or send us an email: writeathon@aiusa.org.

This year, we will select winners in the following categories, who will be mailed a grab bag of special Amnesty prizes:

• Best picture of a Write for Rights activity
• Most letters sent
• Largest Write for Rights event
• Most unique location of a Write for Rights activity

Radio program "Love & Sex" on Sexual Identities & Transgenderism (Were you born in the wrong body?)

December 1st, World AIDS Day the Jamaican transgendered community got a chance to voice their concerns through representative “Jane” on a radio program aired on Newstalk 93FM

named :Love and Sex” hosted by Jamaican Clinical Sexologist of The Caribbean Sexuality Research Group (CSRG) Dr. Karen Carpenter and co-host Gavin Walters. Sexual identities were the broader subject of the discussion as other variants and orientations were also examined. It is not very often the local transgender community gets an opportunity on the airwaves to share real information on their lives and to dispel the misconceptions about their community and the mix up with the Lesbian, Bisexual and Gay lifestyles. Host Dr. Karen Carpenter made mention of Cuba’s lead in public education on sexual identities and their interventions with the various groups. She highlighted the outreach there as providing jobs and overlooking the packaging of persons but more so seeing people as people.

Dr. Marilyn Volker famed international Sex Therapist who has worked with transsexuals in the United Stated as well was also a guest on the one hour and forty two minute discussion touched on the possible causes of transgenderism to sexual orientations and identities.

(photo from GIRES) Gender Identity Research and Education Society UK

The opening dialogue before the interview also dealt with the differences between Transgender, Transvestite and or Cross dressers. Being the qualified person that Dr. Carpenter is she simply defined the differences.

• Transgender – seems themselves as a different gender than the one they were born as physically also known as body dysmorphia or born in the wrong body. The person is unable to conceptualise themselves as the sex they are physical in. Sexual re-assignment surgery is used to make the changes for the individual.
• Transvestite – Persons who like to dress in clothing of the opposite sex mostly for entertainment.
• Inter sexual - persons born with undefined genitalia or sexual organs.
• Drag Queens – Dr. Carpenter referred to famed diva Rupaul or males who wear female clothing either for entertainment or just comfort.

Dr. Marilyn Volker Adjunct Professor with the University of Miami Florida, Florida International University and Diplomat of the American Board of Sexology, Associate Fellow of the American Academy of Clinical Sexologists and teacher to Dr. Karen Carpenter was introduced. She also hosted a program Sex with Marilyn. She contributed much to the discussion.
She contributed among other things:

Sexual Identity: consists of four parts, Biology consisting of chromosomes and hormones persons need to look at the brain structure and not the sexual organs to determine the finality. Gender identity is the second part; it’s the brain that determines sexual identity not the genitals. i.e. male, female or in between no matter what sexual organ the person has. The there is gender role that means how persons appear or dress, if we went by what the sexual organs are and not what exist between the ears we may be dressing a child or person of a different gender. We must see children and people with the heart and not by outward appearance. Gender role is on the external, Gender identity is on the internal Sexual orientation is the last no matter what is between the legs of the person, or the brain orientation is who one is attracted to. So a transgendered person could be right handed or ambidextrous, heterosexual, homosexual or bisexual. It is very complicated at times but bear in mind what’s between the legs and ears doesn’t necessarily match how a person dresses.

Dr. Volker referred to twin studies where pairs of twins have different orientations that suggest there is more than just parenting, social and chromosomal and hormonal structure of each person. A child in as far as identity is concerned that may be born with a vagina may get more male hormones when in the uterus it could develop a masculine brain with feminine private parts.
The term for matches in sync with brain identity versus physical genitalia is CISGENDER transgender is the opposite and doesn’t match. In one in every two to five thousand births there is some difference in chromosomes and hormones. There maybe ambiguous development during birth. When there is a combination of chromosomal hormones in the middle that leads to ambiguous genitalia it is called inter sexuality also called androgyny (outside of entertainment use for rock music). Androgyny comes from the Greek word “Andro” Male and “Gyny” Female suggesting behaviour roles as well identifying with a wide range of activities and feelings excluding biological concepts.

“Jane” the leading local transgendered voice was introduced to the program where she explained she discovered she was trans when she was six years old but never started the process of living as trans female until her late twenties. She explained she was born male growing up she acted effeminate and liked doing girl’s things. “Living in Jamaica one knows that kind of thing is not normal” so she hid it depicting a male persona even becoming a bully at school using it as a shield. She adopted a very macho personality using it as a shield and became in Jamaican terms “a girl’s man” i.e having many girls and hyper masculine or the stereotypical yard man. In doing so she tried to purge the feelings within and the guilt of growing in a Christian home with heathen thoughts. She adopted a destructive cycle while cross dressing in private with suicidal thoughts which temporarily relived the tension. She would often destroy and burn feminine personal possessions only to recycle the same actions all over again. She struggled with the fact that she was still a man; the early morning boner was like “alien appendage” to her. She also had a fiancée while as a man but eventually broke off the engagement; persons were shocked upon discovering her “change” as family shunned her save and except for her father surprisingly as mothers are expected to cope with this better, she has since become accommodating.

Dr. Volker responded by emphasizing doctors are now realising through brain scans, hormonal tests and chromosomal tests to say to parents with children who are possibly transgender that one may have a child who has a particular genitalia but is the opposite sex in the brain. If many parents and troubled transgender persons were told as early as birth what the proper diagnosis is then a lot of the problems similar to the ones described by Jane would have been avoided. She also touched on chromosomal issues as in X and Y versus hormonal levels in determination of the baby’s sex, usually in a female it’s XX and a male XY, there are children born XXY born with a penis but an extra female chromosome meaning they could look more feminine or look masculine on the outside with a penis with a feminized brain, things can occur during birth. Usually girls get XX patterns with more estrogen and progesterone while most boys gets XY patterns with testosterone and androgen sometimes there is a mix in the uterus where a mix of chromosomes like XXY leading to less masculine development somewhere. There may even be more testicular tissue in girls where this mix up occurs. The available tests now can see into the hormonal and chromosomal structures. The paediatrician can now ask a parent does the they like to or want to know the chromosomal structure of their child.

Jane continued that she harnessed the power of the Internet as there were few doctors in Jamaica who knew about transgenderism. She sourced her own hormones from the Internet, she looked at the Harry Benjamin principles of care and read where possible medical journals. Dr. Volker noted that several Trans persons have to teach their doctors about the issues. Jane noted her website was down at this time. She is aware of ten individuals in Jamaica living as women some of whom are lost in the gay community due to the lack of education for them. Dr. Volker said the important thing is what the brain is attracted to and not the physical. There maybe a heterosexual female born in a girl who has a penis her brain maybe attracted to a male who maybe mistaken as gay. There maybe need for a serious re-socialization process globally to deal with these new phenomenons. One would have to also go to gender specialists, endocrinologists to get more professional and detailed information.

Jane highlighted she is pre-operative transgender meaning she has not done the full sexual re-assignment procedure so she can father a child now but after surgery cannot have children naturally or get pregnant. She plans to have the surgery as soon as she can find the money.
In answering Dr. Volker’s questions on her orientation Jane responded bisexual. Dr. Volker continued to explain that gender identity and orientation differ in the trans world. She has worked with transgender who have moved from having a penis while trying to be heterosexual male but their brain was heterosexual female but couldn’t express it as they would look as if they were gay on the outside,” it is confusing to persons going through the issues.” She emphasized the need for support. Jane continued on the lack of support systems in Jamaica except the Internet or possibly contacting JFLAG who may put one on to other transgender persons.

Dr. Carpenter noted that the Caribbean Sexuality Research Group (CSRG) offers some support to transgendered persons and runs a free clinic at the UHWI Psychiatry Unit which has been running for the last month by calling 977-0316 with a small registration fee of $500.00, leave a message for appointments as all calls are answered.

She also remarked on the misconception of homosexuality and paedophilia and the tabloid papers sensationalism creating the homo-negative perceptions over time. “The minute we find out someone’s sexual orientation is different from others we begin to monitor, oh they must be about to hit on somebody which is inappropriate.”
She highlighted that paedophilia happens when there is an economy is depressed and the power differential between the adult versus the young person despite sexual orientation is wide.

On the matter of gender variant children from a caller to the program Dr. Volker suggested that the child be monitored by a paediatric endocrinologist or a child psychiatrist who understands gender. Children who present with the mis-match usually the assessment is done in early puberty where hormones may be administered dependent on the case to stop the actions opposite to the physical presentation but the sexual re-assignment surgery is left to later in life in most cases unless they were born with both genitals or intersex. (A practice which is opposed by some intersex activists)

Program continues to the end.

Peace and tolerance.

H