Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Trump Announces Ban on Trans People Serving in the Military

In a surprise series of tweets this morning, President Donald Trump announced a new military policy. Per Trump’s tweets, he plans on banning trans people from any and all military service.

After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow……

— Donald J. Trump (@realDonaldTrump) July 26, 2017

….Transgender individuals to serve in any capacity in the U.S. Military. Our military must be focused on decisive and overwhelming…..

— Donald J. Trump (@realDonaldTrump) July 26, 2017

….victory and cannot be burdened with the tremendous medical costs and disruption that transgender in the military would entail. Thank you

— Donald J. Trump (@realDonaldTrump) July 26, 2017

It’s unclear which “generals and military experts” he consulted with, but this announcement marks a major departure from current military policy. Last year, it was announced that trans individuals would be able to serve openly in the military. It’s also unclear what will happen to trans people already serving. Exact numbers are, understandably, hard to quantify, but it’s believed that approximately 1,320-6,630 trans Americans currently serve. But their medical care, which Trump cites as the reasoning for precluding them from service, contributes to a miniscule percentage of Department of Defense health care expenditures. Estimates put caring for trans people in the military anywhere from $2-8 million. For context, the DoD’s total yearly health care spending is to the tune of $50 billion.

There are a lot of details still to come, but right now, it seems clear that this move was at least partly political:

Just spoke to a Trump administration official about the transgender military decision. Here’s what they said… pic.twitter.com/eOWdvlxTfd

— Jonathan Swan (@jonathanvswan) July 26, 2017

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post RantCrush Top 5: July 26, 2017 appeared first on Law Street.

Happy St. Patrick’s Day! Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Rex Tillerson Says Military Action Against North Korea is Possible

This morning, Secretary of State Rex Tillerson spoke at a press conference in South Korea and warned that military action against North Korea is not unthinkable. “If they elevate the threat of their weapons program to a level that we believe requires action then that option is on the table,” he said. North Korea has been pretty active with its nuclear weapons tests recently, with two tests last year and several missile launches. North Korean leaders have also said that they are working on a missile that could reach the U.S.

Tillerson said that the U.S. has been patient with North Korea for a long time, which hasn’t had much effect, but that he obviously wants to avoid an armed conflict. An armed conflict with North Korea is kind of a worst possible scenario–an American Army strategist, Major ML Cavanaugh, even pointed out that a ground war with North Korea would be very difficult. The country’s terrain is hard to navigate, and the North Korean army is likely better trained to handle it than Americans.

But, no one knows what the Trump Administration is thinking. In fact, Donald Trump tweeted about it this morning, seemingly echoing Tillerson’s comments.

North Korea is behaving very badly. They have been “playing” the United States for years. China has done little to help!

— Donald J. Trump (@realDonaldTrump) March 17, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: March 17, 2017 appeared first on Law Street.

In a lot of ways, 2016 was the year in which the fight over transgender individuals’ access to the bathroom that corresponds with their gender identity came to the forefront. From North Carolina’s “bathroom bill” that was passed in March, to the directive issued by the Obama Administration in August that instructed all public schools to allow students to use the bathroom that corresponds to their gender identity, it’s been a newsworthy topic for the year. Now, to kick off 2017, SCOTUS will be weighing in on a Virginia case that could provide more clarity on the issue.

Gavin Grimm, who attends high school in Virginia’s Gloucester County, is transgender. He began to take hormones and grow facial hair, and started to use the men’s bathroom early in his high school career. But some parents complained, and the school board decried that students would have to use the bathroom that corresponded to their “biological gender.” So, Grimm sued the school board over the decision. The case has now made it all the way to the Supreme Court, after a federal appeals court ruled earlier this year in favor of Grimm. While the court is deciding, Grimm will still have to abide by the school board’s decision.

Right now, the Supreme Court still only has eight members, as no one has filled the void left by Justice Antonin Scalia’s death. Hopefully a new member will be confirmed by the time the case is actually heard, although in the case of a 4-4 split the lower court’s decision in favor of Grimm would remain.

Grimm wrote an op-ed in the Washington Post in which he explained the humiliating and inhumane experiences he has had at the hands of the school’s policies. He describes how he has had to go off school grounds to use the restroom at some points and how it has been suggested that he use the single stall unisex restroom “so that no one else would have their privacy invaded by using the same restroom as me.” But Grimm also addresses the issue with a sense of hope, saying:

I did not choose to announce to the news media that I am transgender. My school board made that decision for me. But now that I am visible, I want to use my position to help the country see transgender people like me as real people just living our lives. We are not perverse. We are not broken. We are not sick. We are not freaks. We cannot change who we are. Our gender identities are as innate as anyone else’s.

I hope the justices of the Supreme Court can see me and the rest of the transgender community for who we are — just people — and rule accordingly.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post SCOTUS to Weigh in on Transgender Bathroom Access appeared first on Law Street.

Transgender actress, performer, and activist Alexis Arquette passed away on Sunday around midnight at the age of 47. Alexis was the sibling of actors David, Rosanna, Patricia, and Richmond Arquette. The cause of death is not known, but she was reportedly surrounded by family members singing David Bowie’s “Starman” as she passed. According to Alexis’ wishes they all cheered as she “passed to another dimension.”

Alexis Arquette: actor and activist dies aged 47 https://t.co/d5oN9e9R5U

— The Guardian (@guardian) September 12, 2016

Her sister Patricia tweeted a link to Bowie’s song early Sunday, with the words “Breaking through the veil singing StarMan.”

Breaking through the veil singing StarMan https://t.co/A3way5S3Lb

— Patricia Arquette (@PattyArquette) September 11, 2016

Alexis was born as Robert Arquette in Los Angeles in 1969. She came from a family full of actors–the siblings’ father and grandfather were also in the business. She was best known for her roles in “Last Exit To Brooklyn,” “Pulp Fiction,” and as a Boy George impersonator in “The Wedding Singer,” with Adam Sandler. The real Boy George expressed his condolences on Twitter.

R.I.P my sister Alexis Arquette. Another bright light gone out far too soon. Love to the family and all that loved Alexis.

— Boy George (@BoyGeorge) September 11, 2016

Alexis knew early on that she was trans. In a 2008 interview with The Times, her sister Patricia said that Alexis started dressing in girls’ clothes at the age of four and later realized that she wasn’t a gay man, she was simply a woman in the wrong body.

Alexis Arquette was also a prominent transgender activist and appeared in VH1’s reality show “The Surreal Life,” which depicted celebrities living together in a Hollywood house trying to decide what their next step in their careers would be. While on the show, she highlighted transgender issues for a broader audience, and continued to do so in the documentary “Alexis Arquette: She’s My Brother” in 2007. The film focused on her transition through her and her family’s eyes. According to the LA Times, she said:

Coming out as transgender in America from a celebrity family is a lot easier than it can be for private individuals anywhere else in the world. In fact, if you come out as transgender in certain parts of the world, you may be murdered in the street.

The Human Rights Campaign acknowledged Alexis’ work for transgender rights and equality on Twitter.

.@HRC mourns the death of Alexis Arquette, an actor & longtime advocate for transgender equality.Our condolences to Alexis’ family & friends

— HumanRightsCampaign (@HRC) September 12, 2016

Alexis’ siblings posted the sad news about their sister’s death on social media, David Arquette calling her his “hero for eternity.”

Thank you all for your love and kind words about Alexis. My hero for eternity pic.twitter.com/Z18xLtYTBv

— David Arquette (@DavidArquette) September 11, 2016

David’s ex-wife Courteney Cox also expressed her grief.

My heart goes out to anyone who was lucky enough to know Alexis.
We will love and miss you forever.

— Courteney Cox (@CourteneyCox) September 11, 2016

The family also said in a statement:

Alexis was a brilliant artist and painter, a singer, an entertainer and an actor. We learned what real bravery is through watching her journey of living as a trans woman. We came to discover the one truth – that love is everything. We are comforted by the fact that Alexis came into our family and was our brother and then our sister, and that she gave us so much love. We will love you always, Alexis. We know we were the lucky ones.

The Arquette family asked for privacy and requested that people wishing to express their sympathies donate money to organizations that support the LGBT community.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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The fight over who can use which bathroom has a new battleground–Target. The retail chain announced it will allow individuals to use whichever bathroom matches their gender identity. Now, some are boycotting Target over that announcement, with the hashtag #BoycottTarget.

The announcement came on Tuesday, when Target posted a statement on its website. It explained the motivations for the policy, stating in part:

Inclusivity is a core belief at Target. It’s something we celebrate. We stand for equality and equity, and strive to make our guests and team members feel accepted, respected and welcomed in our stores and workplaces every day.

We believe that everyone—every team member, every guest, and every community—deserves to be protected from discrimination, and treated equally. Consistent with this belief, Target supports the federal Equality Act, which provides protections to LGBT individuals, and opposes action that enables discrimination.

When trans-inclusive bathroom policies are enacted, sexual assaults do not increase. What does increase is the safety of those in the transgender community. A 2013 study found that 70 percent of transgender respondents were ‘denied entrance, were harassed or assaulted when attempting to use a public restroom of their identifying gender.’

Yet, that hasn’t stopped #BoycottTarget from trending; as of now, just under 400,00 people have signed the petition, and plenty of people are voicing their views on Twitter, and other forms of social media.

We are announcing boycott of @Target due to their dangerous bathroom policy. https://t.co/GQI0Oe8VAO #BoycottTarget pic.twitter.com/RB11tfeXDW

— American Family Assc (@AmericanFamAssc) April 21, 2016

@Target I have loved shopping at your stores: spent A LOT of money. No longer, though. Bathrooms are biological, not social. #BoycottTarget

— Cathy Knowlson (@Ckbeme) April 21, 2016

It’s gone too far. @Target I used to be proud I once worked for you. #BoycottTarget pic.twitter.com/EUuAfwNmAO

— Proud Trumpkin (@MomBlogs4Trump) April 21, 2016

Why isn’t @Target forced to provide a safe restroom for my daughter yet a baker is forced to bake a cake!?! WTH!?! #boycotttarget

— Jo Anne Smoot ºoº (@joannesmoot) April 20, 2016

It seems like with this boycott of Target, and in light of anti-LGBT laws recently passed in both North Carolina and Mississippi, this is a debate that isn’t going to go away anytime soon. 

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post #BoycottTarget: Backlash After Target Announces Inclusive Bathroom Policies appeared first on Law Street.

Caitlyn Jenner, formerly known as Bruce Jenner, an Olympic gold medalist and personality of “Keeping Up With the Kardashians,” just reintroduced herself to the public in her debut on the cover of Vanity Fair. The Vanity Fair portrait, shot by photographer Annie Leibovitz, as well as sneak peeks from Jenner’s interview trended worldwide with overwhelming support. The full 22-page cover story will be released on June 9.

“I’m not doing this to be interesting. I’m doing this to live.” #CallMeCaitlyn http://t.co/Mwfy5PkjTp pic.twitter.com/V2NmSJG2eV

— VANITY FAIR (@VanityFair) June 1, 2015

Millennials took to social media to react to the Vanity Fair news, expressing support, inspiration, and hopefulness that the visibility of Jenner as a trans woman will stimulate necessary change in a world full of LGBTQ+ animosity and violence. Tweets in response to Jenner’s “Call Me Caitlyn” announcement fixated on two primary themes. The first theme was that having a public, affluent woman speaking out for trans rights and sharing the struggles of being a transgender person will cause erroneous, outdated perceptions on what constitutes gender to be shifted in a more understanding direction. There’s also hope that Jenner’s openness will shed light on an issue that is too often kept quiet. The second theme is that, for many, Jenner symbolizes happiness, bravery, and freedom for LGBTQ+ communities.

Transgender people are disproportionately victims of violence across the world and in the United States. Most shocking are the statistics of sexual violence, with a reported 50 percent of transgender people abused or assaulted at some point in their lives. The National Center for Transgender Equality (NCTE) and the National Gay and Lesbian Task Force (NGLTF) released a survey in February 2011 documenting transgender violence. An alarming 78 percent of those who identified as transgender or who expressed gender non‐conformity experienced harassment while in grades K-12, 29 percent reported being harassed by police officers, and six percent were physically assaulted by police officers. A 2013 report by the National Coalition of Anti-Violence Programs (NCAVP) found that transgender people were seven times more likely than non-trans people to experience physical violence when interacting with the police. Additionally, the report found that transgender people of color were six times more likely to experience physical violence from the police compared to white cisgender survivors. Transgender women were four times more likely to experience violence from the police; transgender men were 1.6 times more likely.

LGBTQ+ people who also belong to habitually marginalized populations such as minorities, lower socioeconomic groups, or who were formerly incarcerated experience even more targeted and often more severe violence. Although Caitlyn Jenner does not represent any of these marginalized groups (as a white, wealthy, non-incarcerated athlete and TV personality) she is considered one of the most famous, openly-transgender Americans. She can still offer support to these groups through encouraging tolerance and acceptance of trans people.

In many cases, both the media and law enforcement attempt to cover up violence inflicted on LGBTQ+ people through a lack of reporting and non-documentation of hate crimes. The Transgender Violence Tracking Portal, (TVTP) launched in 2014, has attempted to counter the deficiency of trans violence reporting through providing reports of these acts. Raising awareness of the incessant yet ignored problem of trans violence and pressuring law enforcement to protect the rights of trans people have become increasingly discussed subjects, provoked further by Jenner’s transition and her June 1st announcement.

There is obviously a huge problem with transgender violence in the United States, which stems from a lack of tolerance, understanding, and acceptance of trans people. These statistics do not include the individuals whose rights were suppressed by the courts–which have their own issues with biases and marginalization. These numbers also do not incorporate the voices that were silenced out of fear or powerlessness. The first step toward sustainable change is visibility of an issue. So, thank you, Caitlyn.

Emily Dalgo

Emily Dalgo is a member of the American University Class of 2017 and a Law Street Media Fellow during the Summer of 2015. Contact Emily at staff@LawStreetMedia.com.

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The blanket ban on Medicare coverage of sexual reassignment surgery, which had been in place since 1989, was lifted in May 2014. With this move, Medicare officially recognized sexual reassignment surgeries as non-experimental and medically necessary for some suffering from gender dysphoria. Many consider the lifted ban a major victory for transgender rights; however, the move also sparked controversy as many people felt Medicare needs to prioritize the coverage of other medical concerns. Read on to learn how and why Medicare made the decision to lift its ban on sexual reassignment surgery.

What does it mean to be transgender?

According to GLAAD, transgender is “an umbrella term for people whose gender identity and/or gender expression differs from what is typically associated with the sex they were assigned at birth.” “Transsexual” is an older term “preferred by some people who have permanently changed–or seek to change–their bodies through medical intervention.” Gender identity is a person’s innate sense of being female, male, or other. Gender expression is how “a person communicates gender identity to others through behavior, clothing, hairstyles, voice, or body characteristics.”

It’s important to note that being transgender is not considered a mental disorder as it does not cause significant distress or disability; however, those who identify as trans* have difficulty finding “affordable resources, such as counseling, hormone therapy, medical procedures and the social support necessary to freely express their gender identity and minimize discrimination.” The culmination of these experiences can lead to higher levels of anxiety and/or depression than among the cisgender population.

What is Gender Dysphoria?

Gender Dysphoria It is a diagnosis given to people who “experience intense, persistent gender incongruence.” They do not identify with the physical sex they were assigned at birth. For an official diagnosis, the incongruence must last for at least six months. For children, the wish to be a different gender must be apparent and verbalized. People with gender dysphoria exhibit an overwhelming desire to be rid of his or her biological gender characteristics or “strong conviction that one has feelings and reactions typical of the other gender.” In order to cure gender dysphoria, some opt to undergo hormone therapies and or/medical surgeries.

The World Professional Association for Transgender Health (WPATH) recommends a “real-life experience” and hormone therapy before surgery. A real-life experience is a specific duration of time that a transgender person must completely live as their desired gender while maintaining a mentally healthy and active lifestyle. People transitioning from male to female take testosterone-blocking agents along with female hormones like estrogen and progesterone in order to develop characteristics such as breasts, softer skin, and less body hair. Female to male candidates take testosterone in order to deepen the voice, shrink the breasts, and increase physical strength.

After hormone therapy, there are a plethora of surgical options. People transitioning from male to female may choose to undergo a breast augmentation, orchiectomy (removal of the testicles), penectomy (removal of the penis), vaginoplasty (creation of the vagina), clitoroplasty (creation of the clitoris), and/or labiaplasty (creation of labia). The new constructions are generally built from penile tissue. There is also voice modification surgery to deepen the voice. Transitioning from male to female generally costs $40,000 to $50,000. Female to male transition surgeries are less medically successful. Trans males can undergo a mastectomy (removal of the breast tissue), hysterectomy (removal of the uterus), and salpingo-oophorectomy (removal of the fallopian tubes and ovaries). Patients can have a metoidioplasty (enlargement of the clitoris), but the construction of a penis has yet to be medically perfected. Collectively, transitioning from female to male costs about $75,000. Both trans females and trans males can receive cosmetic surgeries as well.

Medicare’s Prior Policy

Since 1989, Medicare specifically denied coverage for sex reassignment surgery under the National Coverage Determination 140.3. The decision was based on a 1981 National Center of Health Care Technology report, which stated:

Because of the lack of well controlled, long term studies of the safety and effectiveness of the surgical procedures and attendant therapies for transsexuals, the treatment is considered experimental. Moreover, there is a high rate of serious complications for these surgical procedures. For these reasons, transsexual surgery is not covered.

Basically, the surgeries were considered too risky and dangerous.

Since then, the American Medical Association, the American Psychological Association, and the American Psychiatric Association began advocating sex reassignment surgery as a productive, effective relief for victims of Gender Dysphoria. The U.S. Department of Health and Human Services Departmental Appeals Board overturned the decision in May 2014. The board stated that the policy was “based on outdated, incomplete, and biased science, and did not reflect contemporary medical science or standards of care.” This doesn’t mean candidates will automatically be approved for sex reassignment surgery, but approval or denial will be given based on individual cases, not a blanket policy.

Case Study: Denee Mallon

Medicare’s reevaluation of the ban started when 74-year-old army veteran Denee Mallon was denied her request for gender reassignment surgery by Medicare. In turn, she challenged the government insurance ban against sex reassignment surgeries.

After receiving the surgery, Mallon happily stated, “I feel congruent, like I’m finally one complete human being where my body matches my innermost feelings, my psyche. I feel complete.”

Mallon initially realized her gender identity when she was a 12 year old child in the 1940s. She continued to live as a man, having five kids and entering three marriages. When she could afford sex reassignment surgery in the late 70s and early 80s, her doctors refused to approve it because she was participating in consensual sex with women. When she finally received approval in the late 80s, she could no long afford it. She lived her life as a woman aided by hormonal therapy starting at age 40. She hid the fact that she was born male until 2012 when she became open about it and came out of what she calls “stealth mode.”

In response to critics calling being transgender a “lifestyle” choice, Mallon stated, “It’s far deeper than that. It’s so a part of my basic psyche, there’s no escaping it. I’ve tried to be the kind of man that society wanted and my feminine self just kept creeping up.”

Mallon decided to challenge Medicare after she was refused sex reassignment coverage by both her secondary private insurer and Medicare. She could not afford the expensive surgery living on $650 a month in Social Security income. The challenge and review process took about 18 months, before Medicare decided to lift the ban.

Pros of Lifting the Ban

Health Benefits

According to a British study, 88 percent of patients whounderwent male to female sexual reassignment surgery were content with the results. Those with Gender Dysphoria that undergo the transition process have substantial mental health improvement and a decrease in substance abuse and depression. According to a 2010 U.S. study, 41 percent of transgender people have attempted suicide. Sex reassignment surgery is a critical step in creating mental stability for some.

Marci Bowers, a transgender obstetrician and gynecologist in Burlingame, California, reported only two out of 1,300 people on whom she has performed sex reassignment surgery wanted to reverse the procedure. This is a 99.85 percent success rate.

Starting a Trend

The lifted ban is not only a significant win for transgender rights, but perhaps a catalyst for more change to come. Many public and private insurers take cues from the government. This could be the start of a long line of insurers securing coverage for these types of surgeries. In 2002, zero Fortune 500 companies offered transgender benefits. Ten years later, 19 percent did, and by 2014 it was 28 percent.

As of today, California, Colorado, Connecticut, Oregon, Massachusetts, Washington, Illinois, New York, Vermont, and Washington D.C. have banned anti-transgender discrimination in health insurance, and they legally require insurers to provide transgender health insurance.

Backlash

The first attempt to lift the ban came in 2013, but there were protests from conservative and religious groups. Defenders of the ban don’t believe these types of surgeries should be paid for by tax payer money.

Leanna Baumer, a senior legislative assistant with the Family Research Council, stated:

Real compassion for those struggling with a gender identity disorder is to offer mental health treatments that help men and women become comfortable with their actual biological sex — not to advocate for costly and controversial surgeries subsidized by taxpayers.

Frank Schubert, national political director for the National Organization for Marriage, doesn’t believe condoning the surgery sends the right message to America’s youth “to respect who they are, how they were born.”

Conclusion

There’s plenty of evidence to suggest that an overwhelming majority of those who undergo sex reassignment surgery for Gender Dysphoria find a substantial increase in their quality of life. In a demographic that experiences high rates of depression and suicide, the importance of these procedures is clear. The high expense of these surgeries essentially eliminates the option if they aren’t covered by insurance. Most people don’t have an extra $50,000 to spend on treatment for any medical condition. The lifted ban holds important symbolic value for the future and what’s to come.

Resources

Primary

American Psychological Association: What Does Transgender Mean?

Additional

Advocate: HHS to Reevaluate Ban on Gender-Confirming Surgeries

How Stuff Works: Stages of Gender Reassignment

NBC News: Sex Reassignment Surgery at 74

GLAAD: GLAAD Media Reference Guide

National Center for Transgender Equality: Know Your Rights

Trans Health Care: List of U.S. States That Have Banned Anti-Transgender Discrimination in Health Insurance

USA Today: Medicare ban on sex reassignment surgery lifted

Washington Post: Ban Lifted on Medicare Coverage For Sex Change Surgery

Washington Post: Here’s How Sex Reassignment Surgery Works

Jessica McLaughlin

Jessica McLaughlin is a graduate of the University of Maryland with a degree in English Literature and Spanish. She works in the publishing industry and recently moved back to the DC area after living in NYC. Contact Jessica at staff@LawStreetMedia.com.

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