Comments on: Social Security and the Transgender Community http://queercents.com/2007/04/12/social-security-and-the-transgender-community/ We're here, We're queer, and We're not going Shopping without Coupons Wed, 10 Mar 2010 04:23:21 -0700 http://wordpress.org/?v=2.9.1 hourly 1 By: Nina http://queercents.com/2007/04/12/social-security-and-the-transgender-community/comment-page-1/#comment-163934 Nina Wed, 01 Oct 2008 11:53:14 +0000 http://www.queercents.com/2007/04/12/social-security-and-the-transgender-community/#comment-163934 Abby: I've corrected the pronoun for Shannon above. Thanks for pointing this and his contributions out to Queercents readers.<p class="top-comments">Current score: <span class="top-comments-karma" id="karma-163934">0</span> <small>(to vote for this comment, please visit the site)</small></p> Abby: I’ve corrected the pronoun for Shannon above. Thanks for pointing this and his contributions out to Queercents readers.

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]]> By: Abby http://queercents.com/2007/04/12/social-security-and-the-transgender-community/comment-page-1/#comment-163724 Abby Tue, 30 Sep 2008 16:16:24 +0000 http://www.queercents.com/2007/04/12/social-security-and-the-transgender-community/#comment-163724 Robyn W. has no reason to be worried about the Real ID Act's impact on her Social Security benefits. That act is intended to tighten standards for the issuance of driver's licenses and similar identity documents by the states by requiring eventually every person in the U.S. to apply for a new driver's license and to provide clear proof of identity, such as a birth certificate, in order to get one. Although at first there was great fear that the Act would result in the repeal of the liberal policies of some states allowing change of gender on driver's licenses without proof of SRS, the final regulations provide that states can set their own policies on determining when to grant a gender change. So, Robyn needn't worry about the Real ID Act because, as far as I know, it will have no impact on Social Security gender identities. In addition, several states have refused to implement the act and there is a bill pending in Congress to repeal it. Consequently, there is a significant question whether it will ever be enforced. Finally, assuming that Robyn complied with Social Security's written policy requiring proof of SRS to change her gender marker in their records, there is no indication that the Act would prohibit gender changes under those circumstances. For more on the impact of the Real ID Act, NCTE, who worked hard to minimize its impact on trans people during the development of the final regulations, had some excellent information on their website: http://nctequality.org/readid.html. That page is currently unavailable, but I have contacted them to see if that can be remedied. One final comment: Shannon Minter is a man. He was also the lead attorney in arguing for same-sex marriage equality in the California Supreme Court that led to marriage equality there this last May. It's somewhat ironic in light of the often contentious relationship between the transgender community and some in the LGB community, that Shannon, as a transgender man, is responsible for one of the most important victories for LGB rights. (Of course, the decision is also significant in removing doubts about the legality of marriages involving trans people in California. Because of DOMA, however, that decision doesn't help anyone with the complicated issues regarding access to Social Security and other federal benefits dependent on marriage for anyone in the LGBT community.)<p class="top-comments">Current score: <span class="top-comments-karma" id="karma-163724">0</span> <small>(to vote for this comment, please visit the site)</small></p> Robyn W. has no reason to be worried about the Real ID Act’s impact on her Social Security benefits. That act is intended to tighten standards for the issuance of driver’s licenses and similar identity documents by the states by requiring eventually every person in the U.S. to apply for a new driver’s license and to provide clear proof of identity, such as a birth certificate, in order to get one. Although at first there was great fear that the Act would result in the repeal of the liberal policies of some states allowing change of gender on driver’s licenses without proof of SRS, the final regulations provide that states can set their own policies on determining when to grant a gender change.

So, Robyn needn’t worry about the Real ID Act because, as far as I know, it will have no impact on Social Security gender identities. In addition, several states have refused to implement the act and there is a bill pending in Congress to repeal it. Consequently, there is a significant question whether it will ever be enforced. Finally, assuming that Robyn complied with Social Security’s written policy requiring proof of SRS to change her gender marker in their records, there is no indication that the Act would prohibit gender changes under those circumstances.

For more on the impact of the Real ID Act, NCTE, who worked hard to minimize its impact on trans people during the development of the final regulations, had some excellent information on their website: http://nctequality.org/readid.html. That page is currently unavailable, but I have contacted them to see if that can be remedied.

One final comment: Shannon Minter is a man. He was also the lead attorney in arguing for same-sex marriage equality in the California Supreme Court that led to marriage equality there this last May. It’s somewhat ironic in light of the often contentious relationship between the transgender community and some in the LGB community, that Shannon, as a transgender man, is responsible for one of the most important victories for LGB rights. (Of course, the decision is also significant in removing doubts about the legality of marriages involving trans people in California. Because of DOMA, however, that decision doesn’t help anyone with the complicated issues regarding access to Social Security and other federal benefits dependent on marriage for anyone in the LGBT community.)

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]]> By: Queercents » Blog Archive » Who did You Tell Them You Are? Names, Social Security Numbers and Paychecks. http://queercents.com/2007/04/12/social-security-and-the-transgender-community/comment-page-1/#comment-159746 Queercents » Blog Archive » Who did You Tell Them You Are? Names, Social Security Numbers and Paychecks. Tue, 16 Sep 2008 16:31:33 +0000 http://www.queercents.com/2007/04/12/social-security-and-the-transgender-community/#comment-159746 [...] to do? Unfortunately, our social security number is a de facto universal ID number. Everybody asks for it and once you give it to them they can find [...]<p class="top-comments">Current score: <span class="top-comments-karma" id="karma-159746">0</span> <small>(to vote for this comment, please visit the site)</small></p> [...] to do? Unfortunately, our social security number is a de facto universal ID number. Everybody asks for it and once you give it to them they can find [...]

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]]> By: Queercents » Blog Archive » Ten Money Questions for Donna Rose http://queercents.com/2007/04/12/social-security-and-the-transgender-community/comment-page-1/#comment-134388 Queercents » Blog Archive » Ten Money Questions for Donna Rose Fri, 06 Jun 2008 13:10:08 +0000 http://www.queercents.com/2007/04/12/social-security-and-the-transgender-community/#comment-134388 [...] How often do you hear of trans elders having issues accessing Social Security benefits? That’s an area I haven’t come across yet. That’s not to say it doesn’t happen as I’m [...]<p class="top-comments">Current score: <span class="top-comments-karma" id="karma-134388">0</span> <small>(to vote for this comment, please visit the site)</small></p> [...] How often do you hear of trans elders having issues accessing Social Security benefits? That’s an area I haven’t come across yet. That’s not to say it doesn’t happen as I’m [...]

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]]> By: Queercents » Blog Archive » Money and the transgender community: three steps to safeguarding finances http://queercents.com/2007/04/12/social-security-and-the-transgender-community/comment-page-1/#comment-123770 Queercents » Blog Archive » Money and the transgender community: three steps to safeguarding finances Mon, 28 Apr 2008 13:59:59 +0000 http://www.queercents.com/2007/04/12/social-security-and-the-transgender-community/#comment-123770 [...] year, I wrote a post about how gay and lesbian families are denied the same social security benefits that heterosexual Americans receive upon the death of a spouse. One transgender reader left this [...]<p class="top-comments">Current score: <span class="top-comments-karma" id="karma-123770">0</span> <small>(to vote for this comment, please visit the site)</small></p> [...] year, I wrote a post about how gay and lesbian families are denied the same social security benefits that heterosexual Americans receive upon the death of a spouse. One transgender reader left this [...]

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]]> By: Zoe Brain http://queercents.com/2007/04/12/social-security-and-the-transgender-community/comment-page-1/#comment-33525 Zoe Brain Tue, 17 Apr 2007 12:05:34 +0000 http://www.queercents.com/2007/04/12/social-security-and-the-transgender-community/#comment-33525 It gets even more complicated when one is Intersexed. If Genetic Sex - 46xx Female or 46xy Male - is everything, what about 47xxy Klinefelter Males, soimne of whom have been Fathers, or the much rarer Kinefelter Females, some of whom have born children? What about the Mosaics and Chimerae who have both 46xx and 46xy genes? So we go by appearances - but what about those thousands with 5ARD who look mainly female at birth, but usually become mainly male at their late Puberty? Fortunately most of them are male-brained, and it can be a relief. Or what about some rarer conditions where the reverse can happen at Andropause? Again, all we know of - a mere handful - are female brained. Those of us in this position try to get treated as normal Transsexuals, it simplifies things, but sometimes the law does not co-operate.<p class="top-comments">Current score: <span class="top-comments-karma" id="karma-33525">0</span> <small>(to vote for this comment, please visit the site)</small></p> It gets even more complicated when one is Intersexed. If Genetic Sex – 46xx Female or 46xy Male – is everything, what about 47xxy Klinefelter Males, soimne of whom have been Fathers, or the much rarer Kinefelter Females, some of whom have born children? What about the Mosaics and Chimerae who have both 46xx and 46xy genes?

So we go by appearances – but what about those thousands with 5ARD who look mainly female at birth, but usually become mainly male at their late Puberty? Fortunately most of them are male-brained, and it can be a relief. Or what about some rarer conditions where the reverse can happen at Andropause? Again, all we know of – a mere handful – are female brained.

Those of us in this position try to get treated as normal Transsexuals, it simplifies things, but sometimes the law does not co-operate.

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]]> By: The View From (Ab)Normal Heights » Blog Archive » Of Social Security And Transgender People http://queercents.com/2007/04/12/social-security-and-the-transgender-community/comment-page-1/#comment-33248 The View From (Ab)Normal Heights » Blog Archive » Of Social Security And Transgender People Mon, 16 Apr 2007 13:38:24 +0000 http://www.queercents.com/2007/04/12/social-security-and-the-transgender-community/#comment-33248 [...] Jen Burke at Transcending Gender has highlighted an article from Queercents: Social Security and the Transgender Community. From the Queercents article: On Monday, I wrote a post about how gay and lesbian families are denied the same social security benefits that heterosexual Americans receive upon the death of a spouse. [...]<p class="top-comments">Current score: <span class="top-comments-karma" id="karma-33248">0</span> <small>(to vote for this comment, please visit the site)</small></p> [...] Jen Burke at Transcending Gender has highlighted an article from Queercents: Social Security and the Transgender Community. From the Queercents article: On Monday, I wrote a post about how gay and lesbian families are denied the same social security benefits that heterosexual Americans receive upon the death of a spouse. [...]

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]]> By: Dr. Jillian T. Weiss http://queercents.com/2007/04/12/social-security-and-the-transgender-community/comment-page-1/#comment-32333 Dr. Jillian T. Weiss Fri, 13 Apr 2007 10:36:49 +0000 http://www.queercents.com/2007/04/12/social-security-and-the-transgender-community/#comment-32333 Very thorough exposition. I though you might be interested to see how Social Security regulations address the issues: http://jweissdiary.blogspot.com/2006/05/issue-employer-records-of-gender.html<p class="top-comments">Current score: <span class="top-comments-karma" id="karma-32333">0</span> <small>(to vote for this comment, please visit the site)</small></p> Very thorough exposition. I though you might be interested to see how Social Security regulations address the issues: http://jweissdiary.blogspot.com/2006/05/issue-employer-records-of-gender.html

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