Archive for June, 2010

New Policy regarding Gender Change for Passports

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The State Department announced yesterday that it would be changing a long-standing policy that controlled how transgender or transsexual individuals changed the gender marker on their passports. The old policy required that such individuals have surgery before they could change the gender marker.

According to the press release on the policy, surgery will no longer be required. The new policy requires that an attending medical physician certify that the applicant has “undergone appropriate clinical treatment for gender transition.” However, regulations regarding exactly what appropriate clinical treatment may be required under the new policy have not yet been disseminated.

The policy does not allow passport officials to ask for additional medical information other than the certification.

Updated: 2:30 P.M. The guidelines are available here.

The medical certification permits a psychiatrist, internist, endocrinologist, gynecologist, or urologist to give certification. The certification must include the physician’s full name, their medical license or certificate number, the issuing state or other jurisdiction of their medical license, the Drug Enforcement Administration (DEA) registration number assigned to the physician, the address and telephone number of the physician, and must contain the following language:

(1) Language stating that he/she is the attending physician for the applicant and that he/she has a doctor/patient relationship with the applicant;

(2) Language stating the applicant has had appropriate clinical treatment for gender transition to the new gender (male or female);

(3) Language stating “I declare under penalty of perjury under the laws of the United States that the forgoing is true and correct”: and

(4) Annotate the application “gender transition” to record the reason for issuing the full validity passport in the new gender.

Presidential Memo Extending some Benefits to Same-Sex Partners

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On Tuesday, June 2, President Obama signed an Executive Memorandum that extended some health benefits to family members of federal employees involved in same-sex relationships. The effect of this memorandum is to give some benefits that are currently given to married partners of federal employees to domestic partners of federal employees.

The practical effect on you, if you are an employee of the federal government and if you and your same-sex partner are domestic partners, includes the following:

Your children may be able to get the same subsidies for child care as your counterparts with opposite sex spouses.

Your partner may be able to get some benefits that are given to family members under employee assistance programs.

Your domestic partner may qualify for portions of your federal retirement annuity if you provide for them to do so.

Your domestic partner may qualify for evacuation, relocation, travel, or other payments, under certain circumstances.

You can now take some time under the Family Medical Leave Act for the needs of your domestic partner.

Your partner may be entitled to other payments or assistance under federal law where such assistance is given to partners of married employees.

Despite these benefits extended for domestic partners of federal employees, the memorandum does not extend health coverage or other benefits that are currently given to married partners. The President indicates that legislative action is needed in the future to provide more benefits to same-sex domestic partners of federal employees.

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