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27 S. Cal. Rev. L. & Soc. Just. 165 (2018)
Administrative Contexts of Access to Gender-Confirmation Surgery

handle is hein.journals/scws27 and id is 201 raw text is: ADMINISTRATIVE CONTEXTS OF ACCESS TO GENDER-CONFIRMATION SURGERY Peter Grieser* ABSTRACT The federal government tracks and provides for its people through the federal administrative state. The Obama Administration significantly increased access to gender-confirmation surgery through agency action, arguing that increased medical understanding of the origins of transgender identities required the government to categorize some gender confirmation surgeries as medically necessary. This was opposed by some trans-rights activists who countered that greater ties to medicine would further stigmatize transgender identities. This note argues that, amid potentially overwhelming political and administrative change, trans-rights activists should prioritize arguments to increase access to important medical procedures over arguments regarding stigmatization of trans identities because people with gender dysphoria should receive medically necessary treatment without delay. TABLE OF CONTENTS I. IN TR O D U C TIO N ............................................................................... 166 II. TRA N S ID EN TITIES ........................................................................ 169 A. WHO WE TALK ABOUT WHEN WE TALK ABOUT THE NEED FO R A C CESS .......................................................................... 170 B. THE GENDER/SEX PARADIGM ................................................. 171 C. WHAT IS GENDER-CONFIRMATION SURGERY? ....................... 172 III. ADM INISTRATIVE CONTEXTS ................................................... 174

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