Right to Identity

Right to Identity

Author: Ewan Wolff, PhD,DVM, DACVIM
Review: Mia Cary, DVM

From the GIBOR: “Gender identity is personal and individual. No one other than the individual should dictate the terms of gender identity, expression, or processes involved in gender affirmation. Additionally, there should be equal opportunities in education/training (in accordance with Title IX) and employment within the profession regardless of gender identity.”

Importance:

This right is really in three parts;

1. no dictation of identity;
2. equal opportunity;
3. equal employment.

Identity is intensely personal, the way that choices around faith, personal life events like weddings, and whom a person surrounds themselves with is personal. No one should tell you who you are and what you think. We live in a time of self-discovery; people do retreats, yoga, and employ life coaches all to find out who they are. “Children develop awareness of their own “self ” at roughly 18 months and then begin to actively engage in information seeking about what things mean and how they should behave” (Martin et al., 2010). And yet, most transgender people do not come out until their mid to late twenties. This suggests that being gender diverse certainly isn’t a ‘phase’ but transphobia exerted externally by society causes a two decade delay in outward identity. When gender diversity is questioned and impeded by colleagues, mentors, and the general public this happens on the backdrop of long term self realization. Many have tried to portray gender diversity as a mental health issue or even a sociopathologic adaptation. The DSM-5, the leading psychology diagnostic guidelines (see resources), delisted ‘gender identity disorder’ in 2012 as a mental illness although its focus on gender dysphoria rather than the gender euphoria (Beischel, 2022) is now antiquated. Additionally transgender people are not more likely to commit violent crimes (Fradella et al., 2023 interview). Despite these facts, many are unwilling to accept the simple truth that gender diverse people are ordinary human beings.

If you accept that gender diverse people are human beings, then there should be no reason to deny equal opportunity and equal employment. Yet, there continue to be very few gender diverse and in particular BIPOC gender diverse people represented in the veterinary profession.

Historic Precedent

This is referred to throughout the document and alluded to in the previous section, the concept of gender diversity is not new and has been present for millennia in indigenous cultures and in modern psychology since the late 1800s. Despite this, transgender rights were not enshrined in the early Pride movement and much of the progress in gender diverse rights (as well as the set backs) have come in the last decade.

Legal Precedent

Protections for gender identity outside of employment and schooling vary extensively by state and country. These protections include the ability to change names on birth certificates, on driver’s licenses and legal documents like marriage certificates/domestic partnerships and also to change gender markers. Significant attempts were made to erode these rights in 2022 and 2023. Additionally, access to healthcare was limited or removed for both trans children and adults in multiple states. The full details can be found in the ACLU bill tracker (https://www.aclu.org/legislative-attacks-on-lgbtq-rights). As for national protections, the Bostok vs. Clayton County ruling provides protection in employment for gender diverse identity and Title IX provides protections in an educational setting. Additionally, the fourth circuit of appeals ruled in 2022 that the American Disabilities Act protects those diagnosed with ‘gender dysphoria’ and entitles them to gender affirming care. (https://www.pbs.org/newshour/politics/gender-dysphoria-covered-by-americans-with-disabilities-act-federal-court-rules). In June of 2023, the Supreme Court declined to review this ruling, so it continues to stand.

Potential Impacts of Harm

Not having the ability to be out as a gender diverse person causes tremendous harm, but negation of identity by others could lead to mental health concerns, self-harm, suicidal ideation and suicide.
The denial of identity could indirectly lead to loss of employment or educational placement due to bias.
Exit from the organization, workplace, educational institution or the profession.
Discouragement of gender diverse people entering those environments.
Normalization of discrimination against gender diverse people regardless of legal status.

Individual Action

Listen to what gender diverse people need to feel affirmed. If there are no out gender diverse people present, then ask why.
Speak out when individuals are actively not recognizing gender diverse people’s identities, including to supervisors.
If your workplace, institution, educational facility, organization does not have protections in place, gender affirming care, and other necessary aspects present for gender diverse people to exist like bathroom and changing room access, ask why.
Be aware of municipal, state, and national anti-trans legislation that is in progress or passed where you are located and let other people know. Many people will suffer in silence or leave if possible.They need whatever assistance is available.

Steps for Implementation

Basic education about the gender diverse community is key from resources written for and by the community.
Engaging the BIPOC community and other underrepresented groups to understand compounded challenges to gender diverse identity.
Making sure that there is the ability to exist as a gender diverse person in the location where they are employed or in school is essential.
Negotiating access to comprehensive gender affirming care, reproductive health, HIV/AIDS care, and basic preventative health care for gender diverse people.
Taking steps to provide safety for gender diverse individuals including equal access to restroom and changing facilities
Advocating forcefully with state and municipal governments if rights are limited.

Consequences of Violation

Violating the right to identity is going against the core of gender diverse rights. Consequences are dictated by national, state, and organizational policies.
That said, if gender diverse identity is not recognized, then this is the most significant bias that can take place other than the compound bias that BIPOC gender diverse people encounter. The failure to recognize gender diverse identity should lead to call-outs beyond the workplace, organization, or institution.

References

Beischel, W.J., Gauvin, S.E. and van Anders, S.M., 2022. “A little shiny gender breakthrough”: Community understandings of gender euphoria. International Journal of Transgender Health, 23(3), pp.274-294.

First, M.B., 2013. DSM-5® handbook of differential diagnosis. American Psychiatric Pub

Martin, C.L. and Ruble, D.N., 2010. Patterns of gender development. Annual review of psychology, 61, pp.353-381.

Resources

American Psychiatry Organization- Gender Dysphoria Diagnosis
(https://www.psychiatry.org/psychiatrists/diversity/education/transgender-and-gender-nonconforming-patients/gender-dysphoria-diagnosis)

Criminologists: Baseless anti-trans claims are fueling adoption of harmful laws. 2023. Fradella, HF; Rowland, A. Salon Magazine interview.
https://www.salon.com/2023/06/06/criminologists-baseless-anti-trans-claims-are-fueling-adoption-of-harmful-laws_partner/