Indiana Transgender Rights Advocacy Alliance (INTRAA) » TransNews

U.S. Tax Court Ruling Allows Deduction for GID Treatment and Surgery

angelrrs — Wed, 03 Feb 2010 13:42:13 +0000

Feb. 2, 2010. The U.S. Tax Court today issued a long-awaited decision in O’Donnabhain v. Commissioner of Internal Revenue, ruling that treatment for gender identity disorder (GID) qualifies as medical care under the Internal Revenue Code, and is therefore deductible.

“This decision treats Rhiannon O’Donnabhain the way she deserves to be treated—like any hard-working American taxpayer with medical expenses,” said Karen Loewy, senior staff attorney with Gay & Lesbian Advocates & Defenders (GLAD), which represented Ms. O’Donnabhain.

“From the start, this has been a no-brainer. Every mainstream medical authority from the American Psychiatric Association to the National Institutes of Health recognize the legitimacy of providing medical care for transgender people. Dismissing these medical expenses as illegitimate and not deductible was discrimination, pure and simple.”

In an opinion reviewed by the full bench, the United States Tax Court affirmed that medical treatments for GID, including surgery and hormone therapy, are deductible medical expenses. Moreover, the Court stated that the IRS’s position that such treatment is cosmetic in nature “is at best a superficial characterization of the circumstances that is thoroughly rebutted by the medical evidence.”

“I’m overjoyed, not only for me, but for other transgender people,” said Ms. O’Donnabhain. “We deserve respect, equal treatment for our medical care, and fair treatment by our government.”

Born biologically male, Rhiannon O’Donnabhain began having conflicted feelings about her gender identity as early as age 8. After decades of deep suffering, O’Donnabhain was diagnosed in 1996 with GID and undertook a course of professionally prescribed medical treatments that included her 2001 sex reassignment surgery. She claimed the cost of her treatment as a deductible medical expense on her federal income tax return – but the Internal Revenue Service said no, calling the surgery “cosmetic.”

The trial in O’Donnabhain v. Commissioner of Internal Revenue began on July 24, 2007 in Boston, and concluded with post-trial briefing in March 2008. At the trial, Ms. O’Donnabhain testified about her life-long struggle with her gender identity, and her health care providers testified that the treatment was critical to her mental health and ability to function at all levels. Experts testified about Gender Identity Disorder and its treatment.

Ms. O’Donnabhain paid approximately $25,000 out-of-pocket for her care, including therapy, hormone treatment, and surgery. The amount of the deduction she is seeking from the IRS is about $5,000.

“In this landmark ruling, the Tax Court affirmed the consensus position of the medical establishment that transition-related medical care is essential for many transgender people,” explained Jennifer Levi, Director of GLAD’s Transgender Rights Project.

Loewy, along with Levi and GLAD Senior Staff Attorney Bennett Klein, represented Ms. O’Donnabhain along with lawyers from the Boston law firm of Sullivan & Worcester, who are serving as cooperating tax counsel in the case.

from www.glad.org

read the full text of the court’s decision here (PDF)

Obama Hires Trans Woman Amanda Simpson

angelrrs — Thu, 31 Dec 2009 21:01:43 +0000

from the National Center for Transgender Equality

Amanda Simpson, who has served on NCTE’s Board of Directors for the past 3 years, has been appointed by the Obama Administration as a Senior Technical Advisor to the Department of Commerce. She’ll be working in the Bureau of Industry and Security.
“I’m truly honored to have received this appointment and am eager and excited about this opportunity that is before me. And at the same time, as one of the first transgender presidential appointees to the federal government, I hope that I will soon be one of hundreds, and that this appointment opens future opportunities for many others.”

Simpson brings considerable professional credentials to her new job. For thirty years, she has worked in the aerospace and defense industry, most recently serving as Deputy Director in Advanced Technology Development at Raytheon Missile Systems in Tucson, Arizona. She holds degrees in physics, engineering and business administration along with an extensive flight background. She is a certified flight instructor and test pilot with 20 years of experience.

She has also been very active in political and community groups. She has served on the Board of Directors of two national organizations: Out & Equal and NCTE. In Arizona, she has been on the board of Wingspan, the Southern Arizona Gender Alliance, the Southern Arizona ACLU and the Arizona Human Rights Fund (now Equality Arizona).

In 2004, the YWCA recognized her as one of their “Women on the Move,” and in the same year, she won the Democratic nomination to the Arizona House of Representatives. In 2005, she was given the Arizona Human Rights Foundation Individual Award.

Committee on Education and Labor Hears Testimony on Workplace Discrimination

angelrrs — Fri, 25 Sep 2009 12:51:20 +0000

(September 24, 2009, Washington, DC)-The House Committee on Education and Labor, led by Chairman George Miller (D-CA), heard testimony yesterday morning about the devastating impact of workplace discrimination faced by gay, lesbian, bisexual and transgender people. The hearing was part of the Committee’s work on the Employment Non-Discrimination Act (ENDA), HR 3017.

One witness, Vandy Beth Glenn, had worked for the Georgia state legislature for a number of years until the day she informed her supervisor that she was transitioning from male to female; she was immediately fired from her job. Her experiences, unfortunately, are not unique. The recent National Transgender Discrimination Survey led by the National Gay and Lesbian Task Force and the National Center for Transgender Equality (NCTE) found that 26% of the 6,450 transgender people surveyed had faced an adverse job action, such as losing their jobs, being denied a promotion or not being hired because of their gender identity or expression. Almost every person who responded to the survey-a staggering 97%- had experienced harassment or discrimination on the job because they are transgender.

“Now is the time that we must pass legislation designed to protect Americans from this kind of blatant and unfair discrimination,” commented NCTE’s Executive Director, Mara Keisling. “Every single day, transgender people are being fired for being who they are, even when they have excellent work records and skills. As a result, their families struggle and often fail to make ends meet, people lose their homes, and careers end, all because someone’s supervisor decided that it was okay to discriminate. That is not the American way. This legislation is absolutely needed to make it clear that discrimination is never acceptable.”

Several committee members were visibly moved by Ms. Glenn’s testimony and expressed concern at the way she was treated. They also asked detailed questions of the witnesses and many cited their support for ENDA’s passage. NCTE is very grateful for her courage in speaking out and her willingness to stand up for transgender rights.

Visit the committee’s website to read all of the written testimonies, view the entire preceedings, or follow a link to their YouTube page to see excerpts of the testimony.

Contact the Capitol Switchboard at (202) 224-3121 and tell your member of Congress that you support ENDA.

Those who oppose anti-discrimination legislation will try to flood the Capitol to tell their representatives to oppose workplace equality. They need to hear loudly and clearly from us about why this measure is so important to us. Don’t let your voice be drowned out by the right wing. Speak up today!

Contact your Representative and Senators to ask them to take swift action to pass the Employment Non-Discrimination Act. Do it today. They need to hear, loud and clear, that this bill is our top priority.

Call the U.S. Capitol switchboard at: (202) 224-3121. Give the operator your zip code and ask to be connected to your Representative. Then, after leaving your message, hang up and call again to be connected to each of your two Senators.

Suggested voicemail message: My name is _____ and a proud resident of (your city/state). I am calling in support of the Employment Non-Discrimination Act (H.R. 3017/S. 1584). ENDA protects lesbian, gay, bisexual and transgender people from job discrimination and it is critically important. Please take swift action to pass ENDA. I can be reached at _______ (provide your phone number). Thank you.

Take a stand today to end employment discrimination against LGBT people! It only takes a few minutes to make the calls, but the impact of your actions will touch lives across the country for many years to come.

It’s time to pass ENDA and take a stand to end discrimination against transgender people.

Source: National Center for Transgender Equality

Midwest trans organization, FORGE, awarded $293,209 federal grant to improve sexual violence services

admin — Tue, 01 Sep 2009 23:58:28 +0000

Sexual violence and criminal justice professionals across the country will be better prepared to respectfully and appropriately serve transgender survivors of sexual violence as the result of three-year, $293,209 grant funded under The American Recovery and Reinvestment Act of 2009 (ARRA) awarded to FORGE by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice.

Studies done by FORGE and other researchers have found extremely high rates of sexual violence against transgender people, with approximately one in two transgender people having survived such assaults. Yet transgender people are even less likely than other sexual assault survivors to access mainstream services because of fears they will encounter transphobia, barriers raised by many services’ practice of segregating clients by sex, and fears they will encounter disbelief or unwarranted curiosity from criminal justice or sexual assault professionals.

FORGE’s project will address these problems by providing training and technical assistance to professionals who work with sexual assault survivors and by sponsoring three or four demonstration projects.

In the first year, five publications will be produced and made immediately available on demand (24/7) through the web:

Transgender 101

Transgender Sexual Violence Survivors

A decision-making rubric to help professionals determine what questions they should – and shouldn’t – be asking a given transgender sexual violence survivor

Advice on how to reach the transgender community

A guide for health care providers who are working with transgender sexual violence survivors.

In the second year, the content of these publications will be repackaged as three webinars for professionals. In the third year, the webinars will be revised to respond to audience feedback and made into self-study DVDs that will be available online, on demand, and in hard copy.

A national Multidisciplinary Advisory Council of key experts in sexual violence services and/or transgender needs will provide back-up to FORGE’s technical assistance part of the project. Professionals will be able to access individualized advice and referrals via phone and email “Warm Line” throughout the three years.

In the demonstration projects, which will start in year two, 3 or 4 communities across the country will be identified and assisted in creating a coalition or partnership between transgender community representatives and key sexual assault providers. FORGE staff will assist these coalitions in identifying and redressing barriers transgender sexual assault survivors face in accessing that community’s services. A final publication, “Guide to Systems Change: Serving Transgender Sexual Violence Survivors,” will enable other communities to replicate and improve upon these demonstration projects.

FORGE was founded in 1994 and is headquartered in Milwaukee, Wisconsin. Its Executive Director, michael munson, is available to answer questions about this or other FORGE projects. He can be reached at tgwarrior(at)forge-forward.org or by calling 414-559-2123.

About FORGE

FORGE is a progressive organization whose mission is to support, educate and advocate for the rights and lives of transgender individuals and SOFFAs (Significant Others, Friends, Family, and Allies). FORGE is dedicated to helping move fragmented communities beyond identity politics and forge a movement that embraces and empowers our diverse complexities.

Where’s the Rulebook for Sex Verification?

angelrrs — Wed, 26 Aug 2009 01:30:41 +0000

Caster Semenya, the world-champion runner from South Africa, is facing allegations from her competitors that she’s “not really a woman.” This well-written piece from the NY Times sheds some light on the many natural variations in gender development. (click here)

ACTION ALERT: Call Senators About Hate Crimes Bill S.909

admin — Fri, 10 Jul 2009 21:35:40 +0000

Dear Friends,

We have good news: The Senate is likely to vote on the Hate Crimes Prevention Act, S.909, as early as next Wednesday, July 15. As you may remember, the companion bill, H.R.1913, already passed the House of Representatives this past April after NCTE’s successful lobby day. With a final push, you can help to make this important bill become a law.

This bill expands the coverage of existing hate crime laws to include crimes not only based on race, color, religion, and national origin, but also bias-motivated crimes based on the victim’s actual pr perceived sexual orientation, gender, gender identity or disability.

TAKE ACTION

Call your Senators on Wednesday.

On Wednesday, July 15, call your senators toll free at 866-659-9641 between 9am and 5pm ET.

It is vital that they hear from you since they will also be hearing from those who oppose this bill. Urge your Senator to vote in support of S.909, the Hate Crimes Prevention Act. Please take this important step to help address the violence faced by transgender people.

WHAT THE BILL SAYS

The Hate Crimes Prevention Act, S.909, would:

Extend existing federal protections to include “gender identity, sexual orientation, gender and disability”

Allow the Justice Department to assist in hate crime investigations at the local level when local law enforcement is unable or unwilling to fully address these crimes

Mandate that the FBI begin tracking hate crimes based on actual or perceived gender identity

Remove limitations that narrowly define hate crimes to violence committed while a person is accessing a federally protected activity, such as voting.

The Hate Crimes Prevention Act is supported by nearly 300 civil rights, education, religious, and civic organizations. The bill is also endorsed by virtually every major law enforcement organization in the country-including the International Association of Chiefs of Police, the National District Attorneys Association, the National Sheriffs Association, the Police Executive Research Forum, and thirty-one state Attorneys General.

For more information:

Read the specifics about this legislation from the Library of Congress, go to their website and search by bill S.909

View the NCTE Fact Sheet about the Local Law Enforcement Hate Crimes Prevention Act (the House version of this bill) and read additional information about hate crimes on NCTE’s website

Thank you!

Thank you for taking action on this vital issue as we work together to make our world safer for transgender people.

Take the Lambda Legal Healthcare Survey

admin — Sat, 04 Jul 2009 15:51:54 +0000

Reform of the health care system is a key issue in our country and health care fairness is a high priority for Lambda Legal, too. People are most vulnerable when they are sick or have medical needs. That’s when every person needs good care and fairness — not extra barriers and obstacles to overcome.

Lambda Legal helps LGBT people and people with HIV fight back when they are unlawfully denied coverage or care or when their relationships or health care choices are not given the respect they are entitled to under the law.

Now it’s time to raise our voices for health care fairness. Lambda Legal is spearheading a national Health Care Fairness Campaign. We are working together with advocates, partners and consumers to build a platform for health care reform that addresses the issues of LGBT people and people living with HIV. And we want you to get involved.

TAKE THE SURVEY!

(it only takes about 10 minutes and you can enter a drawing for a $50 Amazon gift card afterward)

DOJ Will Not Appeal Veteran’s Victory In Transgender Discrimination Case

admin — Wed, 01 Jul 2009 20:06:27 +0000

Signals Commitment By Obama Administration To Protect Transgender Workers From Discrimination

WASHINGTON, DC – The U.S. Department of Justice decided not to appeal a federal court ruling awarding transgender veteran Diane Schroer the maximum compensation for the discrimination she suffered after being refused a job with the Library of Congress. The deadline for seeking an appeal was June 30. The American Civil Liberties Union has represented Schroer in her case.

The Obama administration’s decision whether to appeal the final ruling in the case has been closely watched in part because the Bush administration defended the case so vigorously, arguing that transgender Americans are not protected by any existing federal laws. The decision not to appeal the verdict is consistent with the Obama administration’s campaign promises to protect transgender workers against discrimination and his administration’s recent order taking steps to bar gender identity discrimination in federal employment.

“I am grateful that the court took the time to examine the case in detail and come to a fair and unbiased decision. In that same light, I am gratified that the current administration saw this for what it was, a case of sex discrimination focused against transgender people, and recognized that it must end in this country,” said Schroer, an Army Special Forces veteran with 25 years service. “The important signal that the administration’s decision sends to all LGBT individuals gives me renewed hope and restores some of my shaken faith in what our country stands for.”

On April 29, 2009, a federal court awarded Schroer maximum damages of $491,190 for back pay, other financial losses and emotional pain and suffering after finding the Library illegally discriminated against Schroer because of her sex. At trial, Schroer testified that she had applied for a position with the Library of Congress as the senior terrorism research analyst and was offered the job. Prior to starting work, she took her future boss to lunch to explain that she was in the process of transitioning and wished to start work presenting as female. The following day, Schroer received a call from her future boss rescinding the offer, telling her that she wasn’t a “good fit” for the Library of Congress.

“We are pleased and relieved that the Obama administration has decided to bring an end not only to years of hard-fought litigation but also to a painful chapter of Ms. Schroer’s extraordinary life,” said Sharon McGowan, a staff attorney with the ACLU LGBT Project. “The administration’s decision not to challenge this important civil rights ruling is a welcome sign that it intends to live up to its commitment to help end transgender discrimination in the workplace.”

The ACLU filed the lawsuit against the Library of Congress on June 2, 2005, charging that the library unlawfully refused to hire Schroer in violation of Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in the workplace. In an earlier ruling in this case, the court issued a groundbreaking opinion that discriminating against someone who transitions from living as one gender to another is sex discrimination under federal law. In reaching this decision, the court compared the discrimination faced by Schroer to religious-based discrimination, saying, “Imagine that an employee is fired because she converts from Christianity to Judaism. Imagine too that her employer testified that he harbors no bias toward either Christians or Jews but only ‘converts.’ That would be a clear case of discrimination ‘because of religion.’ No court would take seriously the notion that ‘converts’ are not covered by the statute.” The court also ruled that the library was guilty of sex stereotyping against Schroer because of its view that she failed to live up to traditional notions of what is male or female.

“This case put employers on notice that discrimination against transgender individuals is like any other form of discrimination – counterproductive and against our principles as a nation,” added Schroer. “But this case alone won’t end the rampant discrimination that transgender people face throughout the country. That’s why we need Congress to pass the Employment Non-Discrimination Act that was introduced last week.”

In addition to McGowan, the legal team consisted of Ken Choe, Senior Staff Attorney for the ACLU LGBT Project, James Esseks, Litigation Director for the ACLU LGBT Project and Arthur Spitzer, Legal Director of the ACLU of the Nation’s Capital.

For more information about this case, visit the ACLU website Diane Schroer v. Library of Congress Case Profile.

Lambda Legal’s Lawsuit on Behalf of Georgia Transgender Woman Can Move Forward

admin — Fri, 26 Jun 2009 19:00:28 +0000

Vandy Beth Glenn

(Lambda Legal: Atlanta, GA) — The United States District Court for the Northern District of Georgia today denied the Georgia General Assembly’s motion to dismiss Lambda Legal’s federal lawsuit on behalf of Vandy Beth Glenn, a transgender woman who was fired from her job as Legislative Editor after she told them she planned to transition from male to female.

Richard W. Story, United States District Judge, writes: “Defendants do not claim that Glenn’s transition would have rendered her unable to do her job nor do they present any government purpose whatsoever for their termination of Plaintiff’s employment… Anticipated reactions of others are not a sufficient basis for discrimination.”

“We are thrilled that Vandy Beth has been granted her day in court and that the Georgia General Assembly can be challenged for violating her constitutional rights,” said Cole Thaler, National Transgender Rights Attorney based in Lambda Legal’s Southern Regional Office in Atlanta. “Senior officials of the Georgia state legislature discriminated when they fired our client simply because her boss didn’t like who she is.”

Glenn worked for two years in the General Assembly’s Office of Legislative Counsel as an editor and proofreader of bill language. She loved her job, but living as male was increasingly painful and distressing for Glenn, who has a longstanding female gender identity. Glenn’s health care providers diagnosed her with Gender Identity Disorder (GID) and agreed that gender transition was necessary for her health and well-being. In 2007, Glenn informed her immediate supervisor, Beth Yinger, that she planned to proceed with her transition from male to female, and showed Yinger photographs of herself in feminine attire. Yinger passed the information on to her boss, the General Assembly’s Legislative Counsel, Sewell Brumby. After confirming that Glenn intended to transition, Brumby fired her on the spot.

Lambda Legal’s lawsuit, first filed in July 2008, asserted that Glenn’s termination violated the Constitution’s Equal Protection guarantee because it treated her differently due to her nonconformity with sex stereotypes and her medical condition. On October 16, 2008, the Georgia General Assembly filed a motion to dismiss the case claiming that her Equal Protection claims were incorrectly applied. Lambda Legal argued that Glenn’s Equal Protection claims are based on unequal treatment due to her membership in two identifiable groups — people with GID and people who do not conform to sex stereotypes — and, in today’s ruling, the court agreed.

Today’s decision relied in part on Lambda Legal’s landmark case Romer v. Evans which made clear that prejudice does not justify governmental discrimination.

“I look forward to continuing my case and working to end this type of discrimination. No one should lose their job for no good reason the way I did,” said Lambda Legal client Vandy Beth Glenn.

Cole Thaler

Cole Thaler, Transgender Rights Attorney and Greg Nevins, Supervising Senior Staff Attorney in Lambda Legal’s Southern Regional Office in Atlanta are handling the case. The case is Glenn v. Brumby et. al.

For more information, visit Lambda Legal at: http://www.lambdalegal.org/

Hearing on Trans-Inclusive Hate Crimes Legislation Held Today

admin — Thu, 25 Jun 2009 04:03:33 +0000

WASHINGTON, June 25 — The National Gay and Lesbian Task Force Action Fund has submitted testimony to the Senate Judiciary Committee urging for the passage of the Matthew Shepard Hate Crimes Prevention Act. The committee is holding a hearing on the measure today. The bill, which extends federal authority for investigation and prosecution of hate violence to crimes based on the victim’s actual or perceived sexual orientation, gender, gender identity or disability, passed the House of Representatives by a wide margin in April.

Statement by Rea Carey, Executive Director
National Gay and Lesbian Task Force Action Fund

“Our country is on the cusp of recognizing and responding to the reality of hate violence against lesbian, gay, bisexual and transgender people. It is a national embarrassment that bigotry and ignorance have prevented enactment of substantive federal hate crimes legislation, but that goal is finally, truly, within our grasp.

“We thank Chairman Patrick Leahy and the members of the Judiciary Committee for holding this hearing and shedding light on a topic truly crucial to our community and our nation. We also thank Attorney General Eric Holder for testifying in support of the bill. And finally, we call on the Senate to act swiftly to pass this much-overdue legislation, which seeks to protect people from indefensible breaches of their basic human rights.”

Download the National Gay and Lesbian Task Force Action Fund testimony (pdf).