Law
This page will look at some of the religious law that exists and is used against people within trans communities. I have learned that when it comes to law, one must consider the conditions under which
the law must surely apply, and one must transgress anyway. These transgressions can be justified with another law (such as lovingkindness or wholeness and mental well-being), but these transgressions nevertheless must be made to preserve the lives of trans individuals. This will not be a comprehensive discussion about Law - an endeavor of that sort is a lifetime of thought and work within one religious tradition, let alone many. The goal is simply to acknowledge this vital piece of trans-theological work.
Catholic
The quotes below (in burnt orange) are from a website called Religious Tolerance. My discussion of each quote is in dark grey.
“This second approach [Changing the trans person's physical appearance to match their perceived gender] is forbidden by the Roman Catholic Church, because of their system of morality, ironically called the "Culture of Life."”
This is a forbidden approach, but it is also the only approach that is guaranteed to preserve life.
There is a Vatican II document called, "Pastoral Constitution on the Church in the Modern World" that states: "Man, though made of body and soul, is a unity. Through his very bodily condition he sums up in himself the elements of the material world. Through him they are thus brought to their highest perfection and can raise their voice in praise freely given to the Creator. For this reason man may not despise his bodily life. Rather he is obliged to regard his body as good and to hold it in honor since God has created it and will raise it up on the last day."
The unity of the body can only exist when one's sex and gender match, otherwise an alarming disharmony exists within the self. It is possible to regard the body as good while still dressing within the gender identity one feels. Furthermore, there are many expressions of trans-identities (hence the word "identity" being plural!). Some transfolk are comfortable without operating on their bodies, but taking hormones - and those bodies must also be honored.
The Catholic Catechism, item 2297: "Except when performed for strictly therapeutic medical reason, directly intended amputations, mutilations, and sterilizations performed on innocent persons are against the moral law." and “A prime directive of Catholic moral teaching is that one cannot morally commit an evil act even if the end result would be a major benefit.”
Given these confines, how could one be a law-abiding Catholic and still be true to themselves?
“Fortunately, the Church offers a way to resolve this dilemma: confession. A transsexual might elect to undergo GRS, (Gender Reassignment Surgery) and later confess their sin to a priest with genuine sorrow."
This confession, however, perpetuates shame within the trans-Catholic community. Must shame be the burden that a transgender person in the Catholic church must carry?
“This second approach [Changing the trans person's physical appearance to match their perceived gender] is forbidden by the Roman Catholic Church, because of their system of morality, ironically called the "Culture of Life."”
This is a forbidden approach, but it is also the only approach that is guaranteed to preserve life.
There is a Vatican II document called, "Pastoral Constitution on the Church in the Modern World" that states: "Man, though made of body and soul, is a unity. Through his very bodily condition he sums up in himself the elements of the material world. Through him they are thus brought to their highest perfection and can raise their voice in praise freely given to the Creator. For this reason man may not despise his bodily life. Rather he is obliged to regard his body as good and to hold it in honor since God has created it and will raise it up on the last day."
The unity of the body can only exist when one's sex and gender match, otherwise an alarming disharmony exists within the self. It is possible to regard the body as good while still dressing within the gender identity one feels. Furthermore, there are many expressions of trans-identities (hence the word "identity" being plural!). Some transfolk are comfortable without operating on their bodies, but taking hormones - and those bodies must also be honored.
The Catholic Catechism, item 2297: "Except when performed for strictly therapeutic medical reason, directly intended amputations, mutilations, and sterilizations performed on innocent persons are against the moral law." and “A prime directive of Catholic moral teaching is that one cannot morally commit an evil act even if the end result would be a major benefit.”
Given these confines, how could one be a law-abiding Catholic and still be true to themselves?
“Fortunately, the Church offers a way to resolve this dilemma: confession. A transsexual might elect to undergo GRS, (Gender Reassignment Surgery) and later confess their sin to a priest with genuine sorrow."
This confession, however, perpetuates shame within the trans-Catholic community. Must shame be the burden that a transgender person in the Catholic church must carry?
Judaism
The quotes below (in burnt orange) are from a website called Jewish Mosaic, the National Center for Sexuality & Gender Diversity. This article, "Transitioning: The Halakhic Ramifications," is from from Yeshiva University. My discussion of each quote is in dark grey.
“A woman shall not wear that which pertains to a man, nor shall a man put on a woman’s garment” (Deut 22:5), which “is not limited to the wearing of apparel associated with the opposite sex but encompasses any action uniquely identified with the opposite sex, proscribing, for example, shaving of armpits or dyeing of hair by a male.”
Here we see that not only is Gender Reassignment Surgery (GRS) forbidden, but even cross-dressing seems to be!
“Sex-change operations involving the surgical removal of sexual organs are clearly forbidden on the basis of the explicit biblical prohibition, “And that which is mauled or crushed or torn or cut you shall not offer unto the Lord; nor should you do this in your land” (Lev. 22:24.) Sterilization of women is also prohibited, as recorded in Even ha-Ezer 5:11.”"
Accidents can cause genitals to be altered, also persons can be born intersex. In some cases, a persons sexual organs must be altered in order to fit them into the binary that this passage is trying to perpetuate!
“Castration of a male who is physiologically sterile is equally forbidden.”
And yet sometimes it must be done. What about cancer? How can this law be balanced? With the concept of Gemilut Chasadim, or lovingkindness, one must take action to heal the injured body, or in some cases, the wounded spirit.
“A woman shall not wear that which pertains to a man, nor shall a man put on a woman’s garment” (Deut 22:5), which “is not limited to the wearing of apparel associated with the opposite sex but encompasses any action uniquely identified with the opposite sex, proscribing, for example, shaving of armpits or dyeing of hair by a male.”
Here we see that not only is Gender Reassignment Surgery (GRS) forbidden, but even cross-dressing seems to be!
“Sex-change operations involving the surgical removal of sexual organs are clearly forbidden on the basis of the explicit biblical prohibition, “And that which is mauled or crushed or torn or cut you shall not offer unto the Lord; nor should you do this in your land” (Lev. 22:24.) Sterilization of women is also prohibited, as recorded in Even ha-Ezer 5:11.”"
Accidents can cause genitals to be altered, also persons can be born intersex. In some cases, a persons sexual organs must be altered in order to fit them into the binary that this passage is trying to perpetuate!
“Castration of a male who is physiologically sterile is equally forbidden.”
And yet sometimes it must be done. What about cancer? How can this law be balanced? With the concept of Gemilut Chasadim, or lovingkindness, one must take action to heal the injured body, or in some cases, the wounded spirit.