Skip to comments.Sex-change law questions arise after man says he's pregnant
Posted on 03/27/2008 3:19:21 PM PDT by XR7
Thousands of Oregonians a year change their names. But the case of a Bend resident who says he is legally male and five months pregnant has highlighted the much smaller numbers who legally change their sex.
That option exists in Oregon, as in most states, for transsexuals who switch genders.
"Oregon's law is very typical," said Shannon Minter, legal director for the National Center for Lesbian Rights in San Francisco.
The crux of the decades-old law is one sentence. The same court with jurisdiction over legal name changes "may order a legal change of sex and enter a judgment indicating the change of sex of a person whose sex has been changed by surgical procedure."
The law does not define "surgical procedure" or specify what sort of anatomical change, if any, is required.
"There's no specific requirement in the law that there be a letter from a surgeon," said Lake James Perriguey, a Portland attorney who specializes in sex-discrimination cases. "A specific judge might want to see a letter, but that's it."
Perriguey said he takes up to 10 legal sex-change cases a year. He always includes a surgeon's letter as documentation of the sex change. He said he knows of cases in which a person received a legal change of sex on the basis of facial reconstruction.
The high-profile Bend case involves Thomas Beatie, who says he was born female but identifies as a male.
In a first-person account this month in The Advocate, a gay publication, Beatie said he legally changed his name and sex about 10 years ago in Hawaii. He underwent a double mastectomy and started testosterone injections, he said, but kept female reproductive organs.
A couple of years ago, after moving to Oregon, Beatie said that he and his wife, Nancy, decided to have a child. Because Nancy couldn't conceive, Beatie told The Advocate he stopped taking testosterone to allow his menstrual cycle to resume, and became pregnant through artificial insemination.
No one knows how many people legally change their sex, said Minter, the legal director for lesbian rights. "It's a very small population."
Perriguey said it would be highly unusual for a person to undergo a legal sex change to gain rights or financial benefits, such as health coverage through a spouse.
"There might be some who would try that," he said, "but when people choose to live as another gender, they're not doing it for collateral benefits."
Beatie declined to answer questions from The Oregonian this week, saying he had an exclusive contract with another media outlet. But The Advocate spoke repeatedly with Beatie before publication and insisted on talking with his obstetrician-gynecologist to verify the pregnancy and other medical details, deputy editor Rachel Dowd told The Oregonian.
"We had some questions," she said. "Pregnancy -- that was the big one."
Beatie is not the first legal male to become pregnant, she said. "But for some reason, this one has taken off."
Mutilating your body does not change your sex - no matter what the law, or some judge says.
Isn't your sex determined by your chromosomes?
If "his" blood or saliva were found at a crime scene, forensic testing would report that the sample belonged to a woman.
for those who couldn’t find any grounds on which to propose that the laws of the land should forbid such nonsense...
You betcha! That’s a crime all by itself. “My Mom’s the one with the beard smoking a cigar”
i’d bet you 100 pesos a judge would call him/her “sir”
That story really makes a person nostalgic for the days when you determined what your gender was, just from looking at your body.
And, if you still didn’t know, or had some doubts, then you were just plain crazy.
That is one strange tale.
Can you imagine how confused this kid’s going to be growing up. I hear the conflicts now- “no, my daddy had me,not my mommy” What is he/she supposed to call this person? Mom, Dad, some sort of combo like Dom or Mad?
There. Fixed it.
Why do the lamestream media identify a chromosomal woman as a he just because she had her boobs whacked off, took testosterone, grew a beard, and changed her name? Why do we play into their mentally deranged fantasies? And this person was so messed up, she couldn't even stick to the new gender she had picked, but decided to revert back to being a woman. And now with no boobs, a beard, and a man's name - she decided to become pregnant. This is sicker than even the usual transsexual. Some law needs to be written to prevent this kind of thing from happening again. At the very least, they shouldn't be legally called a male unless they give up their reproductive organs. Though I would prefer that we not feed into their derangements at all.
The freak is a woman - however demented and pathetic.
IMO, the lawyers and legal types should be the ones getting screwed - nobody respects them in the morning (or any other time) anyway.
And not just emotionally. Just imagine what all those testosterone shots and who knows what all else is doing to the developing little girl.
Yup, by the chromosomes. If at some future time a preternatually skilled surgeon of the sort inclined to perform the mutilations called ‘sex changes’ were to develop a technique for transplanting fully functional reproductive systems into people of the opposite sex, I could see a case for arguing otherwise.
As it is now, it’s just legal sophistry and mutilation aimed at abetting, rather than curing gender identity disorder (yup, it’s still in the DSM-VI, liberal agitation among psychiatrists notwithstanding). (Truth be told, it still would be even with my hypothetical surgical procedure, but that procedure would have a strong argument for actually living up to the name ‘sex change’.)
And for those of you wondering what “it” looks like:
It doesn’t make sense that someone who thinks they were born with the wrong equipment would want to go through something that is antithetical to being male. I guess her exscuse is that she wants a biological child, but she was apparently fine with not being related to the child of her “wife” if not for the fact that person cannot concieve, so why not adopt (although I doubt many Freepers would be on board with that lol). Furthermore, if carrying the child was just a means to an end, Beattie would do so as anonymously as possible so that she could resume life as the “normal” man she supposedly wants to be. Therefore I must conclude that she is an extremely confused attention seeker who just wants to defy societal conventions without regard to the effect on her child. Occasionally you run into these zero population growth liberals who think people who have their own kids are selfish. Wonder what they would say about this.
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