Lawsuit charges that New York City discriminates against transgendered people

March 21, 2011

NEW YORK -- A new lawsuit charges that New York City discriminates against transgendered people by making it difficult to amend their birth certificates, the New York Post reported Monday.

While the New York City Health Code states that a "new birth certificate shall be filed when ... the name of the person has been changed pursuant to court order and proof satisfactory to the department has been submitted that such person has undergone convertive surgery," Louis Leonard Birney said that is actually not good enough for the city Department of Health and Mental Hygiene (DOHMH).

Birney, a 70-year-old who underwent female to male convertive surgery in May of 2009, turned over a detailed affidavit from his doctor outlining the procedure, but said the DOHMH also demanded that he turn over his complete surgical record and undergo a psychiatric evaluation.

The suit says the requirements, which are not posted on the agency's website, "not only exceed the relevant legal requirements, but infringe petitioner's constitutional rights by requiring him to disclose confidential information regarding his medical history without just cause."

"It's really outrageous," said Birney's lawyer, Yetta Kurland. "Why do they need a psychiatric evaluation? For what purpose? It's bizarre."

She noted that other agencies, including the state Department of Motor Vehicles and the US State Department, amend genders with a single form.

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