Hospital Gets Sued After Denying Transgender Man Hysterectomy

Transgender Man Files Discrimination Lawsuit Against Hospital After Being Denied Hysterectomy

Myesha Sapp

The University of Maryland Medical System faces a discrimination lawsuit after canceling the gender-affirming surgery of transgender man, Jesse Hammons. He had been scheduled to get a hysterectomy in January, but the surgery was canceled on account of the hospital's said claim of it “conflicting with their Catholic religious beliefs” (Fitzsimons, 2020). 

This is a procedure routinely performed exclusively on cisgender women everyday. I bet you’re wondering: why does he even need this surgery? Well let me tell you why. All transgender men have their different reasoning for getting it done, but here are five common reasons:

  • To remove fibroid cysts, and is also used as a treatment for endometriosis and breakthrough bleeding, conditions that are commonly reported by trans men.

  • To eradicate the primary source of estrogen production and to maximize masculinization from testosterone.

  • To prevent cramping that may occur. Testosterone causes atrophy of the uterus and vagina, which puts tension on surrounding muscles and ligaments which can cause this painful cramping.

  • To obtain an updated birth certificate. Some trans men are required to have a hysterectomy in order to obtain a corrected birth certificate from the jurisdiction in which they were born.

  • Most importantly: Is to provide transgender men with that amazing feeling of wholeness and completeness (Reasons For Transgender Men To Get a Hysterectomy, 2020) 

Hammons and his attorney, Joshua Block, a senior staff attorney with the ACLU LGBT & HIV Project, claimed that the medical system is de facto controlled by the state of Maryland. They also had many other upstanding arguments clarifying how the hospital violated statutes against discrimination, and the Constitution-- violating both the Equal Protection Clause and the Establishment Clause (Fitzsimons, 2020). 

This was not the first time a Catholic hospital has canceled a hysterectomy that was supposed to be performed on a transgender man. This also happened in 2017, to Oliver Knight at the St. Joseph Hospital in Eureka, California. He then sued two years later in 2019 and was able to inspire the ACLU Foundations of California and the National Health Law Program to partner on the All Care Everywhere campaign, to ensure all Californians have access to needed health care. The campaign included a collection of stories from those who were denied medical services because of their sexual orientation or gender identity in an effort to bring awareness to religious-based restrictions in health care (Aviles, 2019).

Transgender men and also women, are constantly being discriminated against still today, especially with Donald Trump as president. This is just one more reason why we all need to get out there and vote this upcoming election. You can register to vote today at https://vote.gov/. Don't forget, your vote is your voice! If you are not old enough to vote then here is a great cause you can donate to: https://gf.me/u/x37yqp. This cause is an emergency fund for the trans community located in New York, launched by the LGBT Center Intercultural Collective Inc and Lorena Borjas Community Fund. 

Yours Truly, 

Myesha Sapp

Resources: 

Aviles, G. (2019, March 25). Trans man says Catholic hospital canceled hysterectomy 'minutes' before surgery. Retrieved July 28, 2020, from https://www.nbcnews.com/feature/nbc-out/trans-man-says-catholic-hospital-canceled-hysterectomy-minutes-surgery-n987201

Fitzsimons, T. (2020, July 22). Transgender man files discrimination suit after Maryland hospital cancels hysterectomy. Retrieved July 26, 2020, from https://www.nbcnews.com/feature/nbc-out/transgender-man-files-discrimination-suit-after-maryland-hospital-cancels-hysterectomy-n1234534

Reasons For Transgender Men To Get a Hysterectomy. (2020). Retrieved July 26, 2020, from https://www.hysto.net/reasons-transmen-get-hysterectomy.htm

Myesha Sapp