US Constitutional and civil rights law

LAWSUITS

Shape Shifter v. Fenway Health

Ever since I was a young kid, I exhibited gender nonconforming behavior. Even before I hit puberty, I knew I was romantically attracted to males. However, as I grew older I realized that my femininity and homosexuality were not accepted by society and by my parents. I was constantly bullied in school. My parents were ashamed of my femininity. My dad told me that I will never be a real man because I am too emotional and soft. My mum told me that she wished I were taller and more masculine like other boys my age. All of that made me hate everything about myself including my body, my height, and my feminine manners. I just was “not masculine enough.” No matter what I did, I could not hide my feminine mannerism or grow any taller. So, when I came across transgender ideology in grad school I quickly became convinced that I was a “straight” woman trapped in the wrong body. Suddenly, everything made sense. Transgender ideology seemed to explain why I never fit in and felt uncomfortable with my own body. It was finally my chance to escape all the bullying and torment I faced my whole life for being an effeminate gay man. But, after fully transitioning, I realized that my issues had not resolved, and after deep self-reflection, I came to understand that I suffered from internalized homophobia.

Fenway sold me a hardware fix for a software issue.

Shape Shifter

Gender therapists are actively violating the human rights of their patients when they do not take the time to get to know their patients, and to make a differential diagnosis.

Mitra N Forouhar

Summary of Complaint 

Fenway Health, a federally funded clinic, knowingly and willfully removed safety procedures, known as “gate-keeping”, from its transgender healthcare practice. This decision was not supported by any scientific evidence, to the contrary, Fenway was pursuing its goal of acquiring more transgender patients by responding to the demands of activists who felt that the safety protocols were “needless gate-keeping.” The lawsuit asserts that based on this new policy, Shape Shifter was rapidly medicalized, and his sexual orientation and symptoms of internalized homophobia were treated with deliberate indifference. Under the “gate-keeping” model of care internalized homophobia is a counter-indicator to transition, because studies had identified it as the leading cause of transition regret. The lawsuit alleges that under Fenway’s undifferentiated care and undue influence Shape Shifter underwent a number of surgical procedures and fully transitioned. Shape Shifter should have been treated for internalized homophobia, but instead he was converted to transgender. The lawsuit alleges that Fenway’s apathetic attitude toward Shape Shifter’s sexual orientation and its associated distress violated his civil rights, and caused him irreversible, irreparable physical and mental injury. As a result of transitioning, Shape Shifter cannot express himself as a gay man, and must live with dissonance between who he is and how he appears.  

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