U.S. Tax Court Rules in Favor of SRS Deduction
Join Conference Call With Attorneys From the Case

Read NCTE's statement about the case

Listen of a recording of this conference call (note: large file)

The U.S. Tax Court today issued a long-awaited decision in O'Donnabhain v. Commissioner of Internal Revenue, ruling that medical treatment for gender identity disorder (GID) qualifies as medical care under the Internal Revenue Code, and is therefore deductible.

First of all, NCTE applauds and thanks Rhiannon O'Donnabhain for her bravery and perseverance and to the Gay and Lesbian Advocates and Defenders (GLAD) for their smart and amazing work on this case.

Secondly, we are supporting GLAD in a community conference call GLAD is hosting tomorrow (Wednesday) February 3 at 6PM EST / 3PM PST. Attorneys who worked on the case will be on the call explain the case and its ramifications for transgender people.

If you are interested in hearing more about the case from the actual attorneys who worked on it, please join us for the call.

Toll Free Dial-In Number: 1-800-704-9804
Participant Code(s):   61898641#

Wednesday February 3

6:00 PM Eastern Time Zone
5:00 PM Central Time Zone
4:00 PM Mountain Time Zone
3:00 PM Pacific Time Zone

Please visit GLAD's website for more information about the case: www.glad.org

Thanks,
Mara

DOJ Takes Stand on Abuse in School

The National Center for Transgender Equality praises the U.S. Department of Justice for joining a landmark federal lawsuit on behalf of a gender non-conforming middle school student who faced a two-year ordeal of harassment and abuse because of his gender expression.  The Department’s action last week marks the first time in a decade the US government has gone to court to combat discrimination based on gender expression.

In 2007 through 2009, Jacob L. of Mohawk, NY, endured an escalating pattern of verbal and physical abuse and threats throughout his seventh and eighth grade years. By the end of this time, Jacob was so fearful of his abusers that he stopped attending school. Shockingly, school officials had long been aware of the abuse but failed to intervene, not even following their own internal policies. Jacob was essentially denied an education by the school’s continual disregard for his safety, and ultimately transferred to another district. With the help of the New York Civil Liberties Union, Jacob filed suit last summer, alleging that the District violated his rights under the Constitution and the federal Title IX statute, which prohibits gender discrimination in education.

On January 14, the Justice Department filed suit against the District on the behalf of the United States, seeking an injunction to force the district to take concrete and ongoing steps to prevent any other student from experiencing an ordeal like Jacob’s. The government’s suit recognizes and advances the nation’s strong interest in prevention discrimination based on gender stereotyping. According to recent surveys by the Gay, Lesbian, and Straight Education Network (GLSEN), nearly 90% of transgender middle and high school students have expressed have experienced harassment because of their gender expression, and two-thirds reported that they felt unsafe at school. These and numerous other surveys have shown that this victimization has harmful impacts on educational outcomes.

Mara Keisling, Executive Director of NCTE, commented, “Every young person in our nation is entitled to a public education in a safe environment. Yet evidence consistently shows that transgender and gender non-conforming students face persistent and widespread abuse in our schools, at a serious cost to their learning and their wellbeing.  This case can make a great difference for students in Mohawk Central School District. It also shows the need for legislation to require schools to take the kind of responsible preventive steps the Justice Department is seeking. There’s simply no excuse for tormenting a child like Jacob and preventing him from getting an education.”

NCTE looks forward to working with the Obama Administration to advance measures that will protect all the nation’s students from violence and discrimination.