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US Tax Court Rules Gender Reassignment Surgery is Deductible Under Tax Code Share

On February 2, 2010, the U.S. Tax Court issued an important decision in O’Donnabhain v. Commissioner of Internal Revenue, ruling for the first time that treatment for gender identity disorder qualifies as medical care under the Internal Revenue Code, and therefore costs related to that care are deductible from federal income taxes.

 

“This is a significant ruling for the transgender community,” said Meghan Stabler, HRC Board of Director and transgender advocate. “The process of sex reassignment effectively treats a widely recognized medical condition, improving health and life outcomes. But transgender men and women alike primarily pay for treatment out of pocket due to discrimination in most health insurance plans. Being able to deduct these expenses, just as with any other medical need, sends a clear message that all transgender people – as well as employers with inclusive health insurance plans – can expect dignity, fairness and equal treatment from the IRS.”

 

Human Rights Campaign Sends Letter Condemning CBS Late Show with David Letterman Skit, Asks for Apology

Late Show sketch includes "incendiary remarks" over Obama Administration’s first transgender appointment

 

WASHINGTON – The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, sent the following letter today to David Letterman and CBS Corp. in response to a Late Show sketch mocking the appointment of Amanda Simpson to a senior position at the U.S. Department of Commerce.

 

Simpson, who until recently was Deputy Director in Advanced Technology Development at Raytheon Missile Systems and was a test pilot for 20 years, was appointed to be Senior Technical Advisor to the Department of Commerce, where she will work directly with the Under Secretary of Commerce on international trade and national security issues.

 

In a skit during Letterman’s opening monologue, the host announced Simpson’s historic appointment and revealed that she is transgender, displaying a photograph of her.  The show’s announcer, Alan Kalter, then feigned “trans panic,” implying he had some prior relationship with Simpson but was not aware of her gender history, and ran yelling from the stage.

 

Letter from Human Rights Campaign Associate Director of Diversity for Transgender Issues Allyson Robinson:

 

January 6, 2010

 

David Letterman

Late Show with David Letterman

1697 Broadway

New York, NY 10001

 

CC:      Nina Tassler

President, CBS Entertainment

51 West 52nd Street

New York, NY 10019

 

Dear Mr. Letterman,

 

I am writing on behalf of the Human Rights Campaign, the nation’s largest lesbian, gay, bisexual, and transgender (LGBT) civil rights organization, to express my disappointment over the inappropriate and incendiary remarks made on The Late Show with David Letterman last night on the appointment of Amanda Simpson to a senior position in the U.S. Department of Commerce.

 

The decision to ignore the fact that Ms. Simpson is incredibly well-qualified for this vital national security position and focus instead on her gender identity reflects transphobia.  Ms. Simpson’s appointment represents meaningful progress for the LGBT community and in particular transgender Americans who have faced significant and well-documented discrimination in the workplace and their communities.

 

You may not be aware that the punch line in your skit has been used as a defense in nearly every hate crime perpetrated against transgender people that has come to trial.  For example, the “trans panic” defense was infamously used by Allen Ray Andrade, who was convicted in 2009 of beating 19-year-old Angie Zapata to death with a fire extinguisher after learning of her gender history.  According to media reports, it has also been the main defense employed by Juan A. Martinez for the killing of Jorge Steven López Mercado, 19, in Puerto Rico last November.

 

Your skit affirmed and encouraged a prejudice against transgender Americans that keeps many from finding jobs, housing, and enjoying freedoms you and your writers take for granted every day.  We ask that you apologize publicly to Ms. Simpson and the transgender community for this unfortunate episode.

 

 

Sincerely,

 

 

 

Allyson Robinson,

Associate Director of Diversity for Transgender Issues

Human Rights Campaign

 

 

The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.

 

NY governor signs executive order prohibiting discrimination based on gender identity and expression in state workforce

Data from forthcoming national survey on transgender discrimination in the U.S. spotlight critical need for protections

 

WASHINGTON, Dec. 16 — New York Gov. David Paterson today signed an executive order prohibiting discrimination based on gender identity and expression for state employees. Currently, 12 states and the District of Columbia have comprehensive laws prohibiting discrimination based on gender identity and expression in employment; nine additional states (Delaware, Pennsylvania, Kansas, Kentucky, Indiana, Ohio, Maryland, Michigan and now New York) have executive orders covering public employees only.

 

"New York and the rest of the country benefit when good, competent workers are allowed to do their jobs free from discrimination. The governor's action today will help ensure this happens. People should be judged on their performance, not their gender identity or expression, period. We thank Governor Paterson for this important advance," says Rea Carey, executive director of the National Gay and Lesbian Task Force.

 

The National Gay and Lesbian Task Force recently released preliminary data from a forthcoming and groundbreaking survey on discrimination against transgender people in the United States it conducted with the National Center for Transgender Equality. Data from this large-scale survey show that discrimination in employment against transgender people is a nearly universal experience: 97 percent of the respondents reported being mistreated or harassed at work, and nearly half (47 percent) said they had lost their jobs, were denied a promotion, or denied a job as a direct result of being transgender.

 

Survey respondents experienced a series of damaging outcomes, many of which stem from the challenges they face in employment. Almost one-fifth (19 percent) of respondents reported becoming homeless because of being transgender. Transgender people also reported limited access to employer-provided health insurance: Only 40 percent of respondents reported access to employer-provided health insurance coverage as compared to 62 percent of the population at large.

 

Of the New York respondents, 19 percent said they earned $10,000 or less a year (compared to 7 percent of the general population); 14 percent reported being unemployed (at the time of the survey, unemployment nationally was 8 percent); and 40 percent said they did not get job, were fired or denied a promotion solely on the basis of their gender identity.

 

"These figures show how devastating bias and discrimination are to the transgender community," says Carey. "Employment protections are key to providing stability and a fair playing field for transgender people. Our data show that many of the severe problems transgender people face, including housing insecurity and lack of health insurance, are rooted in job loss or in workplace harassment and bias that force productive transgender employees off of the payrolls and onto the streets."

 

The National Gay and Lesbian Task Force joins the Empire State Pride Agenda in urging for the passage of the Gender Expression Non-Discrimination Act (GENDA), which would amend New York state's human rights law to prohibit discrimination based on gender identity and expression in employment (both public and private sectors), housing, public accommodations and credit. It would also expand the state hate crimes law to explicitly include crimes against transgender people. The Assembly passed the bill by large bipartisan margins the past two years, but the Senate has yet to act. Paterson supports the measure.

 

The Task Force is also working on the passage of the federal Employment Non-Discrimination Act, which would bar workplace discrimination based on sexual orientation and gender identity.

 

To learn more about the National Gay and Lesbian Task Force, follow us on Twitter: @TheTaskForce.

 

 

The National Gay and Lesbian Task Force Action Fund, founded in 1974 as the National Gay and Lesbian Task Force, Inc., works to build the grassroots political power of the LGBT community to win complete equality. We do this through direct and grassroots lobbying to defeat anti-LGBT ballot initiatives and legislation and pass pro-LGBT legislation and other measures. We also analyze and report on the positions of candidates for public office on issues of importance to the LGBT community. The Task Force Action Fund is a 501(c)(4) non-profit corporation incorporated in New York. Contributions to the National Gay and Lesbian Task Force Action Fund are not tax deductible.

 

Lambda Legal Calls for Action During Transgender Day of Remembrance “Remembering is not enough. We will keep working for equality.”

New York NY—In recognition of Transgender Day of Remembrance on Friday, November 20, Lambda Legal issued the following statement by Executive Director Kevin Cathcart:

 

“In all the work we do at Lambda Legal, we are fighting for a basic principle: everyone has the right to be true to their sexuality, gender identity and gender expression and to live, work and love with dignity and equality. This is a core American value. Yet transgender people in this country too often face harassment, discrimination and physical violence. This is unacceptable and must end.

 

Lambda Legal Client to Testify at ENDA Hearing Wednesday

vandybeth"The only thing that changed was my gender -- and because of that, the legislature I'd worked so hard for no longer had any use for my skills. I was devastated."

 

Washington, D.C— At a hearing for the Employment Nondiscrimination Act (ENDA) before a U.S. House of Representatives committee, Lambda Legal client Vandy Beth Glenn will provide testimony about why the federal government must act to end workplace discrimination among the lesbian, gay, bisexual and transgender community. Lambda Legal represents Glenn in a case against Georgia legislative officials after they fired her because she is transgender.

 
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