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)

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.

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More U.S. employers cover sex transition surgery Large corporations follow city’s lead in offering benefit – Wyatt Buchanan, Chronicle Staff Writer Wednesday, January 31, 2007

People who change their gender must undergo rigorous mental health evaluations and trial periods that last years, and they sometimes face stigma, but the biggest challenge for many is paying for the process. In the past few years, however, following the model of San Francisco, some of the world’s largest employers have begun covering surgical procedures, including gender-reassignment surgery, and a host of other related care…

April 5-7, 2007, marks another milestone of progress for the transgender community. A diverse group of transgender people and supporters will host the 6th Annual Philadelphia Trans-Health Conference (THC) 2007: Educate, Empower, Embrace.

Unlike other transgender conferences, which can cost anywhere from $90 to $300 a person to attend, THC’s Community Days (our two primary conference days) remains completely free!

The focus of this years unique conference—the only one of its kind in the world—represents our commitment to educating professionals and our communities about our health needs, to empowering transpeople, and to embracing our unique identities and realities.

THC began as a collaboration between local transgender activists, advocates, community members, allies and health and service providers. In the past five years, THC has grown to accommodate the health conference needs of transgender individuals, families, providers and allies on a national level. The conference continues to grow, yet organizers seek to keep it as accessible as possible by providing free registration for Community Days, low-cost meals, community housing, child care and travel scholarships to those in need.

Conference Highlights

� FREE Health and Wellness Clinics, including HIV testing and cholesterol and blood pressure screenings.
� Providers Day (Thursday, April 5), which offers trainings to health care, mental health and social service providers.
� Community Days (Friday and Saturday, April 6 & 7), which consist of over 50 workshops and social events, delivered by transgender people and our allies, for transgender people and our allies. This years workshops address a myriad of health care, mental health, identity, advocacy and community related issues.
� Keynote speeches by nationally recognized transgender and non-transgender advocates and practitioners: Dr. Norman Spack, Jamison Green and Pauline Park.

For additional information regarding the conference please contact the Conference at info@transhealth.org.

You can also check out our website at www.trans-health.org

Submitted by:

Zoe D. Peterson, Ph.D.
Clinical Research Postdoctoral Fellow
Kinsey Institute for Research in Sex, Gender, and Reproduction
Morrison Hall
313 Indiana University
1165 East Third Street
Bloomington, IN 47405-3700
812-855-7686
Fax: 812-855-8277
zdpeters@indiana.edu

WPATH is currently calling for papers for its upcoming 20th International Symposium which will be held in Chicago, IL, from September 5-9, 2007.

WPATH’s Symposium will focus on the old and new challenges facing those who provide services to transgender and transsexual communities:

1. Cultural and National Influences on Trans Identities
2. Contemporary Best Practice Research and Models in Service Provision
3. Optimizing Access to Trans Health Care
4. Sexual Health Care for Trans People
5. New Trans Research and Results
6. Ethical Issues in Trans Health Care and Other Service Provision
7. Changing the framework of Trans Lives: Policies, Politics and Laws of Social Change
8. New Health Care Techniques: Assessment, Therapy, Hormones and Surgery with emphasis on web-based trangender care and access to surgical therapy.

On Wednesday September 5, 2007, a Pre-conference Meeting on 5 different subjects will be organized with parallel interactive sessions based on experience level.

WPATH invites all professionals, researchers, academics and social support workers to submit abstracts on any of these 9 areas, or any related research or clinical aspect in the field of Transgender and Transsexual health and social care.

Chicago is a dynamic city with an enormous variety of attractions. Just a few of its treasures include The Art Institute, The Shedd Aquarium, The Magnificent Mile, Second City Comedy Club, The Field Museum, as well as world famous blues, theatre, restaurants, and, of course, Chicago’s well-known professional football, basketball and baseball teams (the Bears, Bulls, and Cubs).  Chicago is also a city of visual delights–the architecture and lakefront are memorable experiences in themselves for visitors to this great city.

Scientific Chairs: Stan Monstrey, M.D.; Walter Meyer, M.D.; Stephen Whittle, Ph.D.                                

Local Arrangements Chair: Randi Ettner, Ph.D.

Scientific Committee:

• Walter Bockting
• John Capozuca
• Peggy Cohen Kettenis
• Domenico De Ceglie
• Jaime Feldman
• Luk Gijs
• Selma Gonzales
• Takao Harashina
• Piet Hoebeke
• Tom Mazur
• Heino Meyer-Bahlburg
• Jude Patton
• Pfaefflin Friedemann
• Anna Ravenna
• Oliver Robinow
• Robert Rubens
• Guy T’sjoen
• Christine Wheeler
• Stephen Whittle
• Kevan Wylie
• Ken Zucker

All abstracts to be submitted by, to hbigda@hbigda.org as email attachments in MSWord (maximum 250 words).

1. To present a paper/poster, please send an abstract and identify it as a paper/poster.
2. Each submission must be accompanied by an abstract that is suitable for publication in the volume of abstracts for the meeting. Abstracts guidelines are:
• Size: 12 point font Times New Roman
• Margin: 1 inch (2.5 cm) all around
• Single spaced
3.   Identification as follows:
• Title:
• Author(s):
• Affiliation(s):
• Address of the first author:
4. Please include information about which presentational devices you will need (for example: computer and projector, video, overhead, slide projector, video projector).
5. Please include a brief comment regarding your current professional involvement with Gender Identity Disorder.

WPATH
1300 South Second Street, Suite 180
Minneapolis, MN 55454 USA
Reply to: hbigda@hbigda.org

Medical Therapy and Health Maintenance for Transgender Men: A Guide For Health Care Providers

Download it for free from: http://www.nickgorton.org/