Judicial determination of the sexual identity of post-operative transsexuals: a new form of sex discrimination.
Transsexualism is a condition in which an individual's psychological gender is the opposite of his or her anatomical sex. A "sex-change" operation can bring anatomical sex into line with gender, but it cannot create a new biological sex capable of procreation. The operation is expensive, dangerous and lengthy, yet in 1983 there were an estimated 6,000 post-operative transsexuals in the United States. Certain European countries have legislation recognizing the post-operative transsexual's new sex. Case law in the United Kingdom and the United States, however, prevent post-operative transsexuals from gaining legal recognition. The author does see some hope, however, for a change in the trend against recognition of transsexuals' post-operative sex. This Article discusses the reasons behind this trend and concludes that the greater danger would be a consensus of medical opinion holding that sex-change surgery is unnecessary, questioning the very existence of post-operative transsexuals. Finally, the author calls for legislative action to remove judicially-imposed obstacles and to give legal recognition to the post-operative transsexual's new sex and identity.
Taitz
J
J
Faculty of Law, University of Cape Town.
D005260:Female; D005783:Gender Identity; D007062:Identification, Psychological; D008297:Male; D010344:Patient Advocacy / Q000331:legislation & jurisprudence*; D011287:Prejudice; D014189:Transsexualism / Q000523:psychology / Q000601:surgery*; D006113:United Kingdom; D014481:United States