State employees sue Georgia over exclusion of gender-affirming healthcare

The Transgender Legal Defense and Education Fund (TLDEF) Wednesday filed suit against Georgia for the state’s denial of gender-affirming care in the state’s health benefit plan. The state health benefit plan is the healthcare insurance offered by Georgia to its state and public employees. The complaint was filed on behalf of Micha Rich and Benjamin Johnson–two transgender public employees–and Jane Doe–a state employee whose transgender son is enrolled through her insurance plan. 

Micha Rich, an accountant for the state, and Benjamin Johnson, a school media clerk, were diagnosed with gender dysphoria, which which is treated through gender transitioning. In a statement released by TLDEF, both men discuss the impact receiving the necessary care had on their lives, improving their emotional and mental wellbeing.

TLDEF’s legal director David Brown said that courts continue to find denying trans people healthcare to be illegal. As a result, Brown is confident that the outcome will be favorable.

Earlier this year, TLDEF was victorious in their suit against Houston County. In that case, the court found that employers cannot exclude gender affirming medical treatment from health insurance plans for employees. Georgia was sued in June over the denial of transition-related care in Medicaid insurance plans, which also resulted in an end to the exclusion. 

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Transgender Welfare Board in India to establish housing program for transgender individuals

The Transgender Welfare Board of Chandigarh, India Tuesday alerted the High Court of Punjab and Haryana that a scheme for providing shelter for transgender individuals will be implemented in the union territory shortly. The scheme is known as Garima Grah.

The scheme stems from a petition filed by post-graduate student Ashish–who identifies themselves by the alias Yashika. Yashika filed the petition before the Punjab and Haryana High Court because they were aggrieved by the non-availability of appropriate residential facilities for transgender individuals at Panjab University, Chandigarh.

The court previously issued an order in response to Yashika on November 16. In the order Judge Sudhir Mittal observed that, notwithstanding the petitioner being accommodated at the Working Women’s Hostel, “the right of the petitioner against discrimination was violated as was the right to acquire education at par with others.” The court also remarked that “it was essential to ensure that bodies such as the Transgender Welfare Board of UT [union territory] acquire teeth and do not remain cosmetic features.”

The Transgender Welfare Board is a statutory body constituted under Section 8 of the Transgender Persons Act 2019 read with Rule 7 of the Transgender Persons Rules 2020. The laws establish that state governments ought to take welfare measures to protect the rights and interests of transgender persons and facilitate their access to welfare schemes.

Chairman of the Transgender Welfare Board Amit Kumar also informed the court that a “scheme for the provision of insurance cover for sex reassignment surgery is also being deliberated upon,” with its benefits and location to avail the schemes. The board did not say when the scheme would be finalized.

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UK: Scotland parliament passes Gender Recognition Reform Act to strengthen transgender rights

The Scottish Parliament Thursday passed the Gender Recognition Reform Act, which makes it easier for transgender people in Scotland to obtain a Gender Recognition Certificate (GRC) and access necessary services. After a brief delay, the bill passed with votes from all parties.

“This is an historic day for equality in Scotland with the Gender Recognition Reform Bill being approved by parliament and by members of all parties,” said Scottish Social Justice Secretary Shona Robison. “The passing of this bill is a significant step forward in creating a more equal Scotland, where trans people feel valued, included and empowered.”

The law amends the Gender Recognition Act of 2004 and lowers the requirements for a GRC, allowing 16 and 17-year-olds to apply for a GRC that matches their “acquired gender.” To receive a GRC, applicants must prove that they have been living permanently as their “acquired gender” for at least three months. False applications can result in a criminal sentence with a maximum penalty of two years in prison. In addition, the 2004 law required GRC applicants to receive an official medical diagnosis before they could obtain documentation matching their gender. The new law removes this requirement, which trans rights advocates criticized as intrusive, medicalized and bureaucratic.

Critics of the bill alleged that it could negatively impact efforts to achieve gender equality for cisgender women. Supporters emphatically rejected this, with Robison saying that “the legislation makes no change to the reserved Equality Act 2010 and that principle is enshrined in the Bill. As I have made clear, the Scottish Government continues to support the provision of single-sex services and the rights of women.”

Many human rights organizations called for the Scottish parliament to pass the act to strengthen trans rights. Victor Madrigal-Borloz, an independent expert for the UN Human Rights Commission, urged passage last week, saying:

United Nations human rights bodies that have spoken on the matter have constantly found that legal recognition of gender identity through self-identification is the most efficient and appropriate way to ensure the enjoyment of human rights, and I am yet to learn of a country in which this is not the case. Arbitrary obstacles to legal recognition of gender identity directly violate State human rights obligations, and they are by definition authoritarian and anti-democratic.

The new law comes at a time of tension for LGBT+ people living in the UK. In May, ILGA-Europe released its annual Rainbow Europe report ranking countries’ treatment of LGBT+ people. Though the UK ranked 14, it declined for the third year in a row, and the report cited continued issues with discrimination, trans healthcare access and gender recognition. Supporters hope that passing the Gender Recognition Reform Act will help reverse those trends.

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New publication: Michał Sobczak, Innovation Despite Backsliding—the Importance of the Events of 7th August 2020 for Polish LGBTQIA Youth

The latest issue of the Human Rights Review (Vol. 23, no. 4, December 2022) is out. Contents include:

• Michał Sobczak, Innovation Despite Backsliding—the Importance of the Events of 7th August 2020 for Polish LGBTQIA Youth

Suisse: Don de sang : le Conseil fédéral favorable à la gratuité et à l’interdiction des discriminations Berne, 16.12.2022 – Une révision de la législation vise à inscrire dans la loi la gratuité du don de sang et à interdire la discrimination dans ce cadre. Lors de sa séance du 16 décembre 2022, le Conseil fédéral a pris […]

Switzerland: Federal Council in favor of free blood donation and ban on discrimination — LGBTI Recht in der Schweiz – Droit LGBTI en Suisse – by Professor Andreas R Ziegler

Suisse: Troisième sexe à l’état civil : le Conseil fédéral estime que les conditions ne sont pas remplies Berne, 21.12.2022 – Le principe de la binarité des sexes reste profondément ancré dans la société suisse. C’est le constat dressé par Conseil fédéral dans un rapport en réponse à deux postulats, qu’il a adopté lors de […]

Switzerland: Third sex in civil status: the Federal Council considers that the conditions are not met — LGBTI Recht in der Schweiz – Droit LGBTI en Suisse – by Professor Andreas R Ziegler

Stiefkindadoption: Nach dem Nationalrat hat am Freitag auch der Ständerat der Erleichterung der Stiefkindadoption zugestimmt https://www.regenbogenfamilien.ch/weiterer-meilenstein-fuer-regenbogenfamilien-geschafft/

Stepchild adoption in Switzerland: After the National Council, the Council of States also approved the facilitation of stepchild adoption on Friday — LGBTI Recht in der Schweiz – Droit LGBTI en Suisse – by Professor Andreas R Ziegler

International Olympic Committee issues ‘monumental’ update to guidelines for trans athletes

The International Olympic Committee (IOC) has introduced what it says is a “monumental” update to its guidelines for trans athletes, allegedly doing so in a bid to “preserve” fairness in elite women’s sport. 

More: https://www.thepinknews.com/2022/12/18/olympics-trans-athletes-rules/

UK: Scottish judge rules trans women with Gender Recognition Certificate can be legally defined as women

More: https://www.thepinknews.com/2022/12/14/trans-women-definition-for-women-scotland/

Skate Canada removes gender barrier in pairs skating

Skate Canada has removed a gender restrictive barrier in ice skating.

A pair of ice skaters can now be any two people who skate together, instead of between one man and one woman.

More: https://vancouver.citynews.ca/2022/12/14/skate-canada-gender-barrier-pairs/