DLGirl08
01-26-09, 02:01 PM
I received a reference to this in my Hotmail inbox this morning...
I figured it may be of some interest, as it does involve CAH.
In a greater sense it is interesting because it sets some precedence for the rest of the
Intersex Community.
SC Allows Name and Gender Change
Posted: September 17, 2008
By Jay B. Rempillo
The Supreme Court cleared the way for an individual, diagnosed to have Congenital
Adrenal Hyperplasia (a rare medical condition where afflicted persons possess both male
and female characteristics), to have her female name and gender changed to male.
In a 13-page decision penned by Senior Justice Leonardo A. Quisumbing, the Court
affirmed the January 12, 2005 decision of the Regional Trial Court (RTC), Branch 33 of
Siniloan, Laguna granting the Petition for Correction of Entries in Birth Certificate of
Jennifer B. Cagandahan to change her name to Jeff Cagandahan and her gender to male.
Born in 1981, Cagandahan, who was registered as female, developed secondary male
characteristics while growing up and was diagnosed to have CAH. At 13, her ovarian
structures had minimized, and she had no breast or menstrual development. Thus, she
filed the said petition with the RTC which eventually ruled in her favor. Subsequently,
the Office of the Solicitor General appealed to the SC the RTC's decision, arguing
it was a violation of Rules 103 and 108 of the Rules of Court because the said petition
did not implead the local civil registrar.
In her petition, she presented the medical certificate issued by Dr. Michael Sionzon of
the Department of Psychiatry, University of the Philippines-Philippine General Hospital,
stating that she was suffering from CAH. Dr. Sionzon explained that Cagandahan
“genetically is female but because her body secretes male hormones, her female organs
did not develop normally, thus has organs of both male and female.” Adding that
Cagandahan's condition as very rare and permanent, he thus recommended the change
of gender. The Court, in deciding the case, considered “the compassionate calls for
recognition of the various degrees of intersex as variations which should not be subject
to outright denial.” It noted that Cagandahan “thinks of himself as a male and
considering that his body produces high levels of male hormones (androgen), there is
preponderant biological support for considering him as being male.” It stressed that
Cagandahan has let nature take its course in her develoment to reveal more fully his
male characteristics. “[T]he Court will not dictate on respondent concerning a matter
so innately private as one’s sexuality and lifestyle preferences, much less on whether or
not to undergo medical treatment to reverse the male tendency due to CAH...We do
no more than give respect to (1) the diversity of nature; and (2) how an individual
deals with what nature has handed out. In other words, we respect respondent’s
congenital condition and his mature decision to be a male. Life is already difficult for
the ordinary person. We cannot but respect how respondent deals with his unordinary
state and thus help make his life easier,” the Court said. The Court ruled that a change
of name is not a matter of right but of judicial discretion, to be exercised in the light of
the reasons and the consequences that will follow. Concurring were Justices Conchita
Carpio Morales, Dante O. Tinga, Presbitero J. Velasco, Jr., and Arturo D.Brion.
( GR No. 166676, Republic v. Cagandahan, September 12, 2008 )
Original (http://www.supremecourt.gov.ph/news/courtnews%20flash/2008/09/09170801.php)
If the above link does not work, you can find it here:
http://www.supremecourt.gov.ph/news/courtnews%20flash/2008/09/09170801.php
(http://www.supremecourt.gov.ph/news/courtnews%20flash/2008/09/09170801.php)
I figured it may be of some interest, as it does involve CAH.
In a greater sense it is interesting because it sets some precedence for the rest of the
Intersex Community.
SC Allows Name and Gender Change
Posted: September 17, 2008
By Jay B. Rempillo
The Supreme Court cleared the way for an individual, diagnosed to have Congenital
Adrenal Hyperplasia (a rare medical condition where afflicted persons possess both male
and female characteristics), to have her female name and gender changed to male.
In a 13-page decision penned by Senior Justice Leonardo A. Quisumbing, the Court
affirmed the January 12, 2005 decision of the Regional Trial Court (RTC), Branch 33 of
Siniloan, Laguna granting the Petition for Correction of Entries in Birth Certificate of
Jennifer B. Cagandahan to change her name to Jeff Cagandahan and her gender to male.
Born in 1981, Cagandahan, who was registered as female, developed secondary male
characteristics while growing up and was diagnosed to have CAH. At 13, her ovarian
structures had minimized, and she had no breast or menstrual development. Thus, she
filed the said petition with the RTC which eventually ruled in her favor. Subsequently,
the Office of the Solicitor General appealed to the SC the RTC's decision, arguing
it was a violation of Rules 103 and 108 of the Rules of Court because the said petition
did not implead the local civil registrar.
In her petition, she presented the medical certificate issued by Dr. Michael Sionzon of
the Department of Psychiatry, University of the Philippines-Philippine General Hospital,
stating that she was suffering from CAH. Dr. Sionzon explained that Cagandahan
“genetically is female but because her body secretes male hormones, her female organs
did not develop normally, thus has organs of both male and female.” Adding that
Cagandahan's condition as very rare and permanent, he thus recommended the change
of gender. The Court, in deciding the case, considered “the compassionate calls for
recognition of the various degrees of intersex as variations which should not be subject
to outright denial.” It noted that Cagandahan “thinks of himself as a male and
considering that his body produces high levels of male hormones (androgen), there is
preponderant biological support for considering him as being male.” It stressed that
Cagandahan has let nature take its course in her develoment to reveal more fully his
male characteristics. “[T]he Court will not dictate on respondent concerning a matter
so innately private as one’s sexuality and lifestyle preferences, much less on whether or
not to undergo medical treatment to reverse the male tendency due to CAH...We do
no more than give respect to (1) the diversity of nature; and (2) how an individual
deals with what nature has handed out. In other words, we respect respondent’s
congenital condition and his mature decision to be a male. Life is already difficult for
the ordinary person. We cannot but respect how respondent deals with his unordinary
state and thus help make his life easier,” the Court said. The Court ruled that a change
of name is not a matter of right but of judicial discretion, to be exercised in the light of
the reasons and the consequences that will follow. Concurring were Justices Conchita
Carpio Morales, Dante O. Tinga, Presbitero J. Velasco, Jr., and Arturo D.Brion.
( GR No. 166676, Republic v. Cagandahan, September 12, 2008 )
Original (http://www.supremecourt.gov.ph/news/courtnews%20flash/2008/09/09170801.php)
If the above link does not work, you can find it here:
http://www.supremecourt.gov.ph/news/courtnews%20flash/2008/09/09170801.php
(http://www.supremecourt.gov.ph/news/courtnews%20flash/2008/09/09170801.php)