Unintended Consequences

Some may recall that we discussed the NYC Board of Health’s plan to discontinue taking “anatomical differences” into consideration when it comes to recognizing gender differences. Well, they changed their mind when cold reality  refused to bend. From the NYT:

New York City’s Board of Health unexpectedly withdrew a proposal yesterday that would have allowed people to alter the sex on their birth certificates without sex-change surgery.

The plan, if passed, would have put New York at the forefront of a movement to eliminate anatomical considerations when defining gender. It had been lauded by some mental health professionals and transgender advocates who said it would reduce discrimination against men and women who lived as members of the opposite sex.

But after the proposed change was widely publicized recently, board members and officials with the Department of Health and Mental Hygiene said that a surge of new concerns arose. Vital records experts said that new federal rules regarding identification documents, due next year, could have forced the policy to be scrapped.

Health officials said patients at hospitals asked how doctors would determine who would be assigned to the bed next to them. And among law enforcement officials, there were concerns about whether prisoners with altered birth certificates could be housed with female prisoners — even if they still had male anatomies.

“This is something we hadn’t fully thought through, frankly,” said Dr. Thomas R. Frieden, the city’s health commissioner. “What the birth certificate shows does have implications beyond just what the birth certificate shows.”

The board did approve a more minor change: Under a law passed in 1971, people who can prove that they had sex-change surgery could delete the male or female designation from their birth certificates. Now, they can change it.

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