Bellinger and Transsexuals Essay Example for Free

Bellinger and Transsexuals Essay As we said earlier, there will be no virtual difference for the registrator whether Mrs. Bellinger would have been through surgical treatment at the moment of marriage or not. In the same manner, she will look equally feminine to people on the street before and after operation. The problem lays in her self perception. Acute desire to get rid of the abhorrant organs which (desire) borders with risc of self-mutilation or suicide was invoked by Harry Benjamine as reasons for surgical treatment of a patient. ‘Benjamine patient’ thus requires separate taxonomical niche and might also require medical and in extremal cases surgical treatment which , thus, looks akin to emergency surgical measures applicable to unstable patient. Surgical vocabulary has penetrated the terrain once inhabited by psychopathological terminology. Treatment of such hard cases involving Marginal drive towards unification with other sex by arsenal of intense psychoterapy was rendered futile and changed for more radical, surgical and hormonal technologies. Although, it is within approach of psychoterapy that demand of sex change, which was crucial in disclosure of syndrome itself, was recognized to â€Å"cover over another form of subjectivity that are fundamentally destabilizing. † It follows that emergency approach within which syndrome of expressed gender dysphoria taken at its extremity is only capable of rectification through surgical treatment intended at partial or full removal of secondary sexual attributes posseses not its past persuasiveness. Rather, its thesis about demand for sex change which serves as signifier of the syndrome invites critics on the ground of its Although, â€Å"Benjaminian patient† as a product of doctors and patients dialectical development of â€Å"cohesiveness for a subjectivity [which] constantly [is] under threat of destruction† is very appealing to the law. The law may find its subject in the â€Å"Benjamine patient†. Thus created taxonomical niche entail various legal situations. Earlier, we considered the possibility of Mrs. Bellinger’s actual marriage (in terms of social recognition of their civil union) in case if she would not undergo sex re-assignment procedure and concluded that marriage will be not less socially valid under that conditions. What if in her place was another person who only occasionally cross dress and does not wish to play that social role of woman forever? It is very possible that she would pass the social test and misled the public with its look but the degree to which she really needs that social and legal recognition is, presumably, incommensurable to that of Mrs. Bellinger. In this case, the fact that individual has undergone surgical procedure may testify her commitment to the purpose of ultimate unification with opposite gender (along the lines of ‘Benjamine patient’ approach) as well as underscore the intricasy of her psychosomatic neurosis ( psychopathology approach). In any case, surgical treatment dialigns the group of Marginal transvestites from other, Nuclear ones . And similary to medicine which aids that marginal patients by delivering them from their detestable organs , law is called to facilitate their further socialization into society by resolving the internal pressure they feel as regards inability to lawfully participate in civil unions. That law is called upon to faciliate in internal self development and self apprehension is no new: it has incorporated norms securing the right of disabled and retarded which contribute to their self esteem and facilitate their internal development or prevents them from [the threat] of destruction of personality. But is not it that law pre-maturely intervene into the relations which are to be at first clearified and agreed upon by the medical specialists and only then passed into the sight of law? Whether it us true or not that if there are presently two groups each of which has its explanation on what marginal transvestism is and how it should be treated then law is bound to side with one of those schools since no mutual agreement was developed? ‘Benjamine patient’ is very appealing taxonomical category which directly and logically connect Marginal transvestism (springing from expressedly antipathic reaction to individual original sex) and gender re-assignment treatment (which is deemed to be the only plausible resolution to thus posed problem). But in the eyes of law transvestite which undergone sex re-assignment posseses no single distinct advantage as compared to that (transvestite) which did not been through that treatment. It is gender identity of individual that matters when considering the issue of legislative changes to Matrimonial Causes Act. In this respect, gender re-assignment procedure is not a conclusive step which defines those who are eligible for the right to marriage; it is only one of those steps which are directed by human identity and, through acquiring further visual and material semblance, incrementally lead to unification with desired sex. This road may prove to be infinite. The position of gender re-assignment surgical procedure within the continuum of surgical procedures transexuals resort to allows for observation that transexuals, in fact, are continuously disturbed by abyss between them and ideal feminity (in case of men transexuals) and may never acquire bodily semblance enough to put their mind or gender identity at ease, that is to say that they are insecure in their feminity and their self apprehension is constantly impaired. Thus, it is impossible to render a transsexual somehow belonging to feminine gender solely on the ground of him/her being surgicaly treated. Rather, it is the expressed self apprehension as belonging to feminine gender that could make them what they want to be. This conclusion entails further ones. The most prominent of them is that pronounced desire to be a femine is what transsexual has and ever would have and the aim of the law is to state whether it is sufficient for granting them all rights pertaining to female sex. In context of right to marriage this pronounced desire has to somehow fit into the definition of marriage (marriage is void unless the parties are respectively male and female (Bellinger para 1) or that definition has to be changed because of certain cases which hardly fall within that definition but nevertheless seem to have direct bearing on the marriage. Clearly, transsexual which articulate her gender to be feminine in the marriage tends to have a wife role which will organically consort with other characteristic of feminity she tends to. In Re Kevin (validity of marriage of transsexual) [2001] Fam CA 1074 it was stated that there is no formulaic solution to determining the sex of an individual for the purpose of the law of marriage and â€Å"difference is essentially that we can readily observe or identify the genitals, chromosomes and gonads, but at present we are unable to detect or precisely identify the equally biological characteristics of the brain that are present in transsexuals† But to put right to marriage in direct dependance upon [determining] sex of person seems to be a dead end. The array of cases strating from Corbett v Corbett [1971] P 83 and ending with present case testifies that this approach is hardly efficient. The desicion in Goodwin v UK (2002) 35 EHRR 18 laid ground for re-apprisal of that approach. It reads that the Court found found no justification for barring the transsexual from enjoying the right to marry under any circumstances. Obviously, there are no such impedements springing from the law itself which would prospectively prevent Marginal transvestites from acquiring right to marriage provided that there be a legislative will of Parlament. That the perplexities of that problem partially and briefly stated earlier do prevent House of Commons from passing the bill also seems clear. At the same time, incentives coming out of European court are expressedly painted in colors of progressive and liberative legislative approach. Presently, I belive that formula which will satisfy ‘Europeans’ will involve legislation tending to antecede the resolution of academic debates as regards specific domains of meidine and, in fact, contribute to the progressive and enlighted resolution of those debates. In our case, present state of the law includes some deceptive provisions. It clearly states that parties to marriage are respectively male and female which seems to be consonant with the desire of Marginal transvestites as they tend to artificially acquire ‘maleness’ or ‘femaleness’. At the same time, law and the court do not seem to bother about priciseness of their rendering of that provision. So far, as it occures from the great majority of the cases, the court only have approached notions of ‘maleness’ and ‘femaleness’, construed them to signify biological sex and made efforts to elaborate measures of ascertaining that [original] sex. It is now clear that societal perception of gender does not co-incide with legal one. The court insures the degree of preciseness of that legal perception but apparently, the split between society which eyes Marginal trasvestite and sees a girl, Marginal transvestite which lives and strives to be a girl actually ever-approaching to it, and the Court which eyes Marginal transvestite through microscope and employes all kind of hromosomal tests and technical appliances to disclose that individual’s original and abhorrent side is enormous. Doctors almost at once sided with their patient and developed certain categories (at the beggining ‘Benjamine patient’ and then ‘gender identity disorder’) actually saling transvestites to state as transexuals – taxon compulsory and contigent in itself – which would underscore their unstability at the original gender and destabilizing subjectivity. Another school of medicine tries to buy that category back from the state pointing at the internal incommensurability and incohesiveness of it. It (school) actually speak out that state and society bought the thing which is not what it seems. And it is the time when gender and sex opposition is to reveal fully. As it might be construed from Bellinger case despite her successful effort to approach ‘feminity’ Mrs. Bellinger did not managed to approach ‘femaleness’ which under the present provisions of the law warrant her a right to marriage. Doctors appealed to progressiveness and humanity of legislator so that the latter might confer ‘femaleness’ upon transexuals even if only to save their subjectivity. Unattainable status of, say, ‘femaleness’ is mainly in charge of legal deadend with marriage rights of marginal transvestites. If sex-related approach was changed for gender-related one (first signifies biological sex, second – gender role) within the provisions of the law it will greatly reduce that paintfull dialectics between transsexuals and doctors and transsexuals and law. Though, that changes ought to go with recognition of homosexual marriage. Transsexuals will never agree to register as homosexual family but this will reduce the degree to which marriage right depend on gender re-assignment procedure, which is immaterial to marginal trabnssexuals right to marriage. Number of words: 3558. References: Books: Changing Sex: Transsexualism, Technology, and the Idea of Gender by Bernice L. Hausman; Duke University Press, 1995 The Psychology of Sexual Orientation, Behavior, and Identity: A Handbook by Louis Diamant, Richard D. McAnulty; Greenwood Press, 1995 DNA and Destiny: Nature and Nurture in Human Behavior by R. Grant Steen; Plenum Press, 1996 Journal articles: Transvestism: A Survey of 1032 Cross-Dressers. by Richard F. Docter, Virginia Prince. Journal Title: Archives of Sexual Behavior. Volume: 26. Issue: 6. Publication Year: 1997. Page Number: 589+. Moving gaily forward? Lesbian, gay and transgender human rights in Europe. by Kristen Walker. Melbourne Journal of International Law, June 2001 v2 i1 p122 Paper articles.