Two Confused Husbands….Or Is It Wives?

Paul and Alan were both married to women. Paul was married for 30 years and Alan had two failed marriages, one lasted seven years and the second ended after 20 years. Between them they had five children.

Paul and Alan both left their wives and families to engage in a gay relationship with each other. Shortly thereafter both Paul and Alan began to live as lesbians, both of them dressing as women. Still later, Paul decided to have surgical assistance with his gender switch and had a breast augmentation and facial surgery to appear more female.

Paul and Alan, now Jenny-Anne and Elen, were recently joined together in holy matrimony as husband and wife, going through a civil service where Elen had to play down her femininity so as not to upset the government officials.

Later Jenny-Anne and Elen’s marriage was blessed by their church. In media reports the happy couple expessed great joy at their new lives together.

There was not a word said about their broken families or the aftermath of their decisions on their five children. No, it was all about them. Congratulations, I guess….

BC Judge Allows 11-Year Old Girl to Continue Treatment to Transition to a Boy

GeorgiaLeeLang025A British Columbia  Supreme Court judge has appointed a lawyer for an 11-year old Prince George girl who is undergoing hormonal treatment to transition to a boy, a process encouraged by the girl’s mother, but opposed by her father. The child’s parents are separated.

Children diagnosed with gender dysphoria are no longer staying in the shadows, as we read about child gender transitions around the world, including the United Kingdom and Australia. Below is an article I wrote in January 2011 entitled “Children Born in the Wrong Body”.

A Family Court Judge in Australia has approved sexual reassignment surgery for a 16 year-old schoolboy who suffers from a mild form of autism. Justice Linda Dessau heard evidence of the boy’s desperation to escape his gender prison and start his life over as a girl. The Court listened to testimony of significant distress, anxiety and depression, including at least one suicide attempt.

The boy’s family, six specialists and his independent lawyer all confirmed the boy’s maturity to make this life-changing decision. The Court also heard that the boy’s father enjoyed dressing in female attire while he was a young man, but had abandoned this practice as he matured.

The protocol for sexual reassignment treatment of children is to give them hormonal drugs which arrests their journey into puberty, thus delaying the development of breasts in girls and the growth of hair and a deeper voice in boys.

Experts believe this initial treatment gives a child the opportunity to decide if they wish to move forward with further hormonal treatment and later surgery. In this case the Court also ordered that the boy’s sperm be collected and stored in the event the female hormones impeded his ability to have children.

Sex change surgery is highly controversial, particularly for children, but it is not without precedent. Six years ago an Australian Court’s decision to permit a 12 year-old girl to begin hormonal treatment was met by public anger. At the age of 17 the Court also approved a double mastectomy as the girl moved through her reassignment treatment.

While it is reported that most people who complete the surgery are happy with their new lives, for others the surgery is anything but positive. The director of Australia’s only sex change clinic has been under fire for several years as a result of former patients suing her, the Clinic, and the Clinic’s other doctors, alleging negligence and errors in diagnosis.

After allegations were made in 2009, psychiatrist Dr. Trudy Kennedy of the Monash Gender Dysphoria Clinic in Melbourne, was forced to close the clinic for a time. It is reported that eight former patients have complaints against Dr. Kennedy and three lawsuits have been commenced.

One former patient who had surgery when he was 21, maintains that he was misdiagnosed as a transexual by Dr. Kennedy. He underwent surgery to reverse the original procedure and says he now lives as a “mutilated freak”. He received a damage award.

Another 66 year-old man settled out-of-court. He had been sexually abused by his mother for seven years and received the sex change surgery in Dr. Kennedy’s Clinic, despite an opinion from a psychiatrist that the surgery would not help him.

Dr. Kennedy believes that the desire to change gender is biologically based and thus, surgery is the only cure. Other experts say that child abuse and psychiatric ailments may cause gender confusion, which should be treated with psychotherapy, not surgery.

Transexualism is generally misunderstood and public education is lacking. Vancouver human rights lawyer barbara findlay Q.C. remarks:

“Transgendered people-both transexuals who are born in
the wrong body and other people who identify as neither,
or both, male and/or female, continue to suffer
horrendous discrimination.”

Lawdiva aka Georgialee Lang

Should Taxpayers Be on the Hook for Sexual Reassignment Surgery?

BarristerWith “transgenderism” definitively out of the closet, the question remains, “How common is transgenderism?” While early research suggests it is an infrequent occurrence, more recent studies conducted by Lynn Conway, an American academic and scholar, who underwent surgery to transition from male to female in 1968, posits that it could be as prevalent as one in every 500 to 1,000 people. Conway reports that between 800 and 1,000 operations are conducted annually in the United States and hundreds more occur in Britain, Australia and Thailand.

While the myth that transgenderism is linked to mental illness or emotional dysfunction has been tabooed, the stereotype of a transgendered inmate transitioning while in custody has been featured in several popular TV shows including “Orange is the New Black” and the Australian production of “Wentworth”.

There have been several recent cases of prison inmates suing the American government alleging that to refuse them sexual reassignment surgery is a breach of their constitutional rights to be free from cruel and unusual punishment.

The first case was brought in 2012 by Michelle Kosilek who was serving a life sentence for murdering her wife, Cheryl McCaul, in 1990 when he was known as Robert. At trial Judge Mark L. Wolf ordered the surgery finding that the State of Massachusetts’ failure to provide it violated the 8th Amendment protection against cruel and unusual punishment. However, in December 2014 the US Court of Appeal in a 3-2 ruling overturned the trial decision, finding that the trial judge erred by substituting his own opinion that the surgery was medically essential despite the lack of consensus between experts. The appeal court also rejected the trial judge’s circumvention of prison safety and security concerns post-surgery.

Kosilek had been transitioning when he entered prison and officials had already provided therapy, hormone treatment, permanent facial hair removal and female attire and personal effects.

More recently in California a judge in San Francisco ruled that Michelle-Lael Norsworthy was entitled to have the State pay for her surgery based on her diagnosis of gender dysphoria.

Ms. Norsworthy was convicted as a man of second-degree murder after a fatal bar fight. She was scheduled to have the surgery, which costs as much as $100,000, in July 2015, however, the State filed an appeal that put a hold on the operation, and subsequently, the California Board of Parole granted her parole after serving 30 years. However, that was not the end of it.

While her release from prison relieved the State of paying for the expensive surgery, Ms. Norsworthy filed a civil rights suit for damages advancing evidence of gang rape by nine male inmates in 2009 which led to her acquiring hepatitis C.

This month the lawsuit was settled with California agreeing not to appeal the San Francisco judge’s ruling that the State must fund medically necessary reassignment surgery and paying $500,000 to Ms. Norsworthy, who now lives in a California halfway house.

Lawdiva aka Georgialee Lang

Judge Orders State of California to Pay for Inmate’s Sex-Change

DSC00258_1Mule Creek State Prison just outside of Sacramento in Ione, California houses over 3,000 men and is the only California penal institution designated a “sensitive needs yards” facility.

What that means is that prisoners who are at risk for gang retaliation, are former police officers or correctional officers, or are susceptible to victimization, such as sex offenders or gay prisoners, are housed here. Famous Mule Creek inmates include Charles Manson and Tex Watson of Helter-Skelter notoriety, Lyle Melendez, serving life without parole, who with his brother Eric murdered their parents, and Geronimo Pratt, former Black Panther.

Recently, however, Mule Creek Prison has captured media attention because of inmate Michelle-Lael Norsworthy’s successful application to have the State of California pay for her sex-change operation. United States District Judge Jon Tigar ruled that denying medical treatment to Michelle was unconstitutional.

In the court hearing Norsworthy deposed that she is “a woman trapped in a man’s body” and that “[her spirit] is imprisoned in a way that causes excruciating pain and frustration to a point that therapy and other remedies are the only way to relieve that agony” The “psychological and emotional pain” and “frustration and agony” she experiences mean that she is “unable to complete [her] existence or complete who [she is].”

She deposed that at times, the anxiety caused by her gender dysphoria causes symptoms such as sleeplessness, cold sweats, hypervigilance, panic attacks, and mood swings.

Michelle entered Mule Creek Prison in 1987 as Jeffrey Bryan Norsworthy, serving a life sentence for second degree murder. By 1990 he was living as Michelle with support from the California Department of Corrections in the form of counselling, mental health treatment, and hormone therapy to feminize her male features.

Diagnosed with gender dysphoria, Judge Tigar noted that Michelle is the
first California inmate to obtain an order to have the state pay for her sex-change. Recently a Massachuset’s inmate was granted the same order, but on appeal the order was overturned. An appeal to the United States Supreme Court is pending.

State officials are contemplating appealing the order made by Judge Tigar and have identified practical problems that will arise if the surgery proceeds. They say that returning Michelle to a male prison population could put her at risk for assault or rape. On the other hand, she may also be in danger in a female facility, or pose a danger to female inmates because of her history of domestic violence.

Correctional authorities are also concerned that the costs of sex-change surgery, estimated to be $100,000, will severely impact the prison’s budget, particularly if additional inmates seek similar orders in the future. The State’s cost estimate has been criticized as an exaggeration by transgender support workers.

The floodgates argument is difficult to assess as statistics on the transgender population in the United States are hard to come by.

Gary Gates, a demographer at the University of California Los Angeles School of Law’s Williams Institute, who studies sexual orientation and gender identity law and public policy, is responsible for one of the most frequently cited estimates of the transgender population — 700,000, about 0.3 percent of U.S. adults, an estimate that remains controversial.

As transexuals, transgenders, and cross-dressers feel more accepted and become comfortable in disclosing their sexual orientation, data-collection and public policy will advance in this area.

Lawdiva aka Georgialee Lang

Bruce Jenner Gender Bender

DSC00507 (2)You can’t open a newspaper or magazine today without reading about Olympian Bruce Jenner’s sex change. At first I didn’t believe it, but with his longer hair, nail polish, adam’s apple and facial surgery, together with his mother’s remarks to the media, I now believe it’s true. I also understand that he remains sexually attracted to women and so will live as a lesbian. I can’t imagine the courage it takes to commit to this transition so late in life.

His story, however, reminds me of an article in the New York Post about a gender change involving prominent ABC network news editor and producer, Don Ennis.

One morning in 2013 Mr. Ennis arrived at the ABC New York studios wearing a tight black dress and a long brown wig and advised his colleagues he was transitioning to a female. He asked to be called “Dawn”.

“Please understand,” he said in a statement, “this is not a game of dress-up, or make-believe, it is my affirmation of who I now am and what I must do to be happy, in response to a soul-crushing secret that my wife and I have been dealing with for more than seven years, mostly in secret.”

He left his wife of 17-years and began living as a woman however, the “change” lasted only three months when he realized he had made a mistake. He was a man.

Apparently Mr. Ennis was a child actor whose mother gave him female hormones to extend his modest acting career. Over the years he felt like a man trapped in a woman’s body and eventually had a breast augmentation.

After suffering from what he describes as two days of “transient global amnesia” he realized he was not a woman and had been misdiagnosed. His letter to friends and workmates to announce his second gender reversal read:

“I am writing to let you know I’m changing my name . . . to Don Ennis. That will be my name again, now and forever. And it appears I’m not transgender after all.

I have retained the much different mind-set I had in 1999: I am now totally, completely, unabashedly male in my mind, despite my physical attributes,

I’m asking all of you who accepted me as a transgender to now understand: I was misdiagnosed. I’m already using the men’s room and dressing accordingly.”

Mr. Ennis sought professional help at the National Institute of Health in Bethesda Maryland to understand why his mind and body changed from male to female. He was told he had a hormone imbalance. After his bout with amnesia he suffered a “drastic loss of memory” and could only remember himself as a man, hence the second gender reversal.

Medical literature describes the amnesia suffered by Mr. Ennis as related to emotional instability triggered by a phobic or challenging precipitating event.

Unfortunately for Dawn/Don, he changed his mind again and showed up at work in his female attire. It may just have been bad timing, but shortly thereafter he was fired from ABC for “performance issues”.

Not hard to understand that his mind may not have been on his work! Hopefully for Dawn/Don he will receive the support and treatment he so sorely needs.

The statistics on sex change reversals are highly controversial. The transgender community asserts that reversals are rare, however, website SexChangeRegret.com disagrees.

While in the past the media rarely reported on these stories, more recently they have been making news, including the fate of the transexual Belgian man who was permitted by Belgian authorities to participate in legal euthanasia.

Lawdiva aka Georgialee Lang

Transgendered Widow Sues for Life Insurance Proceeds

GEO#1It’s over ninety degrees in Texas but it’s going to get a lot hotter. A court battle is heating up over the estate of Thomas Araguz in Wharton, Texas. Araguz, age 30, was a fire captain in the Wharton Fire Department before he lost his life in a blaze on a local chicken farm on July 4, 2010.

Araguz’s life insurance policy of $500,000 should be distributed to his wife of two years, Nikki, and his two children from a previous marriage, however, Araguz’s parents and ex-wife are asking a court to block the distribution and anul Mr. Araguz’s marriage to Nikki Araguz, because she was born male and had sexual reassignment surgery. If that occurs, the children will receive the entire life insurance policy proceeds, presumably to be managed by the children’s sole custodial parent, Araguz’s ex-wife.

The family is relying on a case decided in Texas in 1999 where the court held that same-sex partners cannot marry and the State of Texas does not recognize gender reassignment.

Nikki was born Justin Perdue in 1975 and claims that her husband knew about her gender reassignment and supported her during reconstructive surgery. The problem is that earlier on, Mr Araguz’ ex-wife was challenging Mr. Araguz for custody of their two children and to present the best case in court, both Thomas and Nikki Araguz swore under oath that Mr. Araguz knew nothing about her previous life as a man.

Now Nikki says that they both lied to the court in order to receive a more favourable result in the custody action. Public opinion in Texas is mixed but most people believe the money should go to Nikki. I believe a fair result is the division of the proceeds equally between the two children and Mr. Araguz’ widow.

UPDATE:

In 2011 the Texas Court ruled in favour of the Araguz family and against Nikki Araguz. However, in April 2014 the appeal court reversed the decision and ordered a new trial with a stipulation that Ms. Araguz cannot be prejudiced by her change in gender.

Lawdiva aka Georgialee Lang

Gender Bender: From Male to Female, Back to Male

DSC00507 (2)In a bizarre story from the New York Post, ABC news editor Don Ennis revealed that his three-month foray into the world of the transgendered was a mistake and he actually was a man, not a woman.

Apparently Mr. Ennis was a child actor whose mother gave him female hormones to extend his modest acting career. Over the years he felt like a man trapped in a woman’s body and eventually had a breast augmentation.

In May of 2013 he took the brave step of leaving his wife and announcing to his friends and colleagues that he was now Dawn Ennis and began life as a woman.

However, after suffering from what he describes as two days of “transient global amnesia” he realized he was not a woman and had been misdiagnosed. His letter to announce his second gender reversal read:

“I am writing to let you know I’m changing my name . . . to Don Ennis. That will be my name again, now and forever. And it appears I’m not transgender after all.

“I have retained the much different mind-set I had in 1999: I am now totally, completely, unabashedly male in my mind, despite my physical attributes,”

“I’m asking all of you who accepted me as a transgender to now understand: I was misdiagnosed. I’m already using the men’s room and dressing accordingly.”

Mr. Ennis sought professional help at the National Institute of Health in Bethesda Maryland to understand why his mind and body changed from male to female. He was told he had a hormone imbalance. After his bout with amnesia he suffered a “drastic loss of memory” and could only remember himself as a man, hence the second gender reversal.

Medical literature describes the amnesia suffered by Mr. Ennis as related to emotional instability triggered by a phobic or challenging precipitating event.

What could be more emotionally challenging than waltzing into the ABC studios wearing a black dress and an auburn wig? Hard to top that!

Lawdiva aka Georgialee Lang

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Two Confused Husbands…Or is it Wives?

Paul and Alan were both married to women. Paul was married for 30 years and Alan had two failed marriages, one lasted seven years and the second ended after 20 years. Between them they had five children.

Paul and Alan both left their wives and families to engage in a gay relationship with each other. Shortly thereafter both Paul and Alan began to live as lesbians, both of them dressing as women. Still later, Paul decided to have surgical assistance with his gender switch and had a breast augmentation and facial surgery to appear more female.

Paul and Alan, now Jenny-Anne and Elen, were recently joined together in holy matrimony as husband and wife, going through a civil service where Elen had to play down her femininity so as not to upset the government officials.

Later Jenny-Anne and Elen’s marriage was blessed by their church. In media reports the happy couple expessed great joy at their new lives together.

There was not a word said about their broken families or the aftermath of their decisions on their five children. No, it was all about them. Congratulations, I guess….