Elias takes the DEC to court – Please help!

24 01 2011

From my friend Elias:

Hi friends, community members and allies,

As some of you already know, I’ve been in a battle with the Registrar of Civil Status of Quebec over my legal sex designation for the past few months. There are many serious problems with this department, including arbitrary/inconsistent decisions due to bureaucrats interpreting articles 71 and 58 of the Quebec Civil Code however they want – therefore getting to decide what consists an appropriate sex change for trans men, getting to decide whether to add a first name to a birth certificate instead of granting an actual change of name to trans people, general ignorance about trans issues and surgeries, unwillingness to dialogue with the community and medical professionals, hostile attitudes towards trans people from some bureaucrats, long wait times, barriers for non-citizens, and more. It’s a serious nightmare.

I have undergone a bilateral mastectomy, am on hormones and have paperwork attesting that I meet the criteria for GID – I submitted all of that info to the department. I was initially refused a sex change on the grounds of not having undergone phalloplasty. I contested this in writing because it has already been established that they cannot ask it as a prerequisite. They then revised their decision to state that I could not be granted a sex change because I had not undergone a total hysterectomy – as I type this, it is mandatory for trans people to be surgically sterile to be granted a change of sex in Quebec.

I am now going to court to challenge the constitutionality of the Civil Code article that dictates what conditions must be met to access a change of sex. Coercing trans people into getting surgeries that they might not want (or cannot get) is a gross violation of our human rights, and and I have witnessed the devastating consequences that having mismatched paperwork can have for some trans people. It is necessary that compulsory sterilization be abolished in order to comply with the Canada and Quebec Charters and to insure that trans people are granted their full citizenship. This is an unprecedented opportunity for Quebec to amend it’s Civil Code to ensure that it doesn’t contradict itself by protecting against unwanted medical treatment while simultaneously enforcing compulsory surgical treatment against a segment of the population.

Despite the fact that my lawyer is doing this at a reduced rate, significant costs are being incurred. I am willing to put as much of my own money into this while it is ongoing, but my monetary resources are limited – it wouldn’t be possible for me to do this without some financial help. In addition to throwing a few fundraisers over the next year, I have set up a donation page at http://tiny.cc/eliasdeanfund in order to cover fees incurred on my behalf during litigation.  This case is important for our community and could change the grounds of legal sex recognition in Quebec – if you can afford to contribute, please consider doing so. I make a living as an artist, and donations of 25$ or more will get you an original drawing or a print of your choice.

The outpour of love and support I’ve been receiving has exceeded my wildest expectations – I wouldn’t have the strength to do this without you and I want to express my deepest gratitude to all those who have reached out to me. A website (www.eliasdeanchallenge.com) will be up shortly to provide updates about the case for those who are interested.

In love and solidarity,

Elias