Making Transgender Count in Poland Disci
Making Transgender Count in Poland Disci
Making Transgender Count in Poland Disci
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Making Transgender Count in Poland
6 Disciplined Individuals and Circumscribed Populations
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ANNA M. KŁONKOWSKA
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13 Abstract The article examines the criteria for determining which individuals become legible as
14 transgender in Poland and how expert medical and legal discourses normalize the gender identity,
sexuality, and gender performativity of this group. Only those transgender people who fit the out-
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dated model of the “true transsexual” are allowed to (in fact expected to) undergo a physical
16 transition. Once transitioned, they are expected to blend into society and present heteronormative,
17 socially conforming gender roles. In Poland, only those people who have been diagnosed as so-called
18 true transsexuals are counted in the estimated number of transgender people. After describing the
19 convoluted legal and medical processes that individuals are required to follow, the article presents
qualitative research describing how transgender people in Poland have responded to these nor-
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malizing systems. The article concludes with proposals that would make trans populations more
21 legible to policy makers and the mass media without imposing outdated medical norms on the trans
22 community.
23 Keywords transgender, transsexual, Poland, expert discourse, heteronormativity, exclusion
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27 T he social aspects of the transgender phenomenon are well grounded in the
English literature concerning the topic (e.g., Currah 2009; Devor 1989; Ekins
and King 2006; Feinberg 1999; Hines 2007; Stone 1991; Stryker 2008; Whittle
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29 2002; Wilchins 1997). In Poland, transgender studies has only recently been
30 acknowledged in the field of social sciences. Previously, it has been the domain of
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sexological and psychiatric studies (e.g., Imieliński and Dulko 1988, 1989) and
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presented mostly in the essentialist paradigm. This essentialist approach in Polish
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studies on gender identity, which would limit transgender variation to trans-
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sexualism only, has strongly influenced the social reception of the transgender
35 phenomenon. However, the emergence of transgender studies and approaches
36 associated with it, such as feminist and queer theory and social constructionism,
37 has transformed thinking on transgender phenomena in much of the social
38 sciences in Poland (e.g., Bieńkowska 2012; Dynarski 2012b; Kłonkowska 2013;
39 Kochanowski 2008).
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1 one will seek gender reassignment (MTF). For trans men (FTM), the preva-
2 lence rate suggested in the DSM-IV is one per 100,000 individuals assigned female
3 at birth (Fajkowska-Stanik 2001: 33). Given a population of 38,501,000 (Central
4 Statistics Office of Poland 2011), these ratios would suggest there are only 614 trans
5 women and 201 trans men in all of Poland (Bieńkowska, 2012: 39). Based on these
6 outmoded assumptions concerning prevalence, there are 815 trans men and
7 women in all of Poland. The credibility of these numbers is called into question by
8 studies finding that in Poland, like in the rest of the ex-communist East European
9 countries, trans men outnumber trans women (Strzelecka, 2007; Imieliński and
10 Dulko 1988: 168). Even more problematic, the trans population is also measured
11 by literally adding up the number of people who have successfully managed to
12 navigate the heavily policed processes for gender transition. The only available
13 data refer to court records concerning the number of people who have applied
14 for legal gender recognition. According to this metric, from 2009 to 2012, 223
15 applications were submitted, and 203 were successful (We˛grzyn 2013). According
16 to the slightly more generous methodology of counting successful gender rec-
17 ognition cases, a couple of hundred trans people come into legal existence every
18 four years. In Poland, the estimated percentage of transgender people in the
19 population is severely underestimated because only those people who have been
20 diagnosed as true transsexuals and have succeeded in having their legal gender
21 markers changed count as transgender.
22 I have conducted more than thirty qualitative in-depth interviews with
23 trans people in Poland between 2010 and 2013. If one subscribed to the prevalence
24 ratios cited with authority in Poland, one would be forced to conclude that I have
25 talked at length with almost four percent of the entire trans population in the
26 country. Many of these individuals, however, would not be legible as trans
27 because they have not successfully navigated the medical and legal obstacles to
28 transition. Many more of them would not care to attempt such a feat, because
29 their gender identity or gender behavior falls outside the bounds of the true
30 transsexual. At this point, it is perhaps obvious that the meanings attached to the
31 terms trans and transgender in this discussion are not stable. Indeed, I use the
32 terms to signal the disagreement between those who hold an expansive view of
33 gender nonconformity (trans people, social scientists, and trans allies) and official
34 discourses that work to preserve the rigid and heteronormative definition of
35 transsexual. Social scientists and trans people in Poland seek to expand the field of
36 what and who gets counted —transgender rather than transsexual.
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38 Medical and Legal Processes for Gender Transition
39 To demonstrate the narrowness of the classification and the many points at
40 which transgender people can fail the test of true transsexuals, I now describe the
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1 convoluted legal and medical procedures that govern gender reassignment. The
2 process starts with psychological and psychiatric evaluations and a “Real Life
3 Test,” which supposedly enables the diagnostician (usually a sexologist) to establish
4 whether one is “truly” transsexual and thus able to undertake the social aspects of
5 transitioning to a different gender role. Afterward, the diagnostician commis-
6 sions physical examinations to rule out some medical conditions and to deter-
7 mine one’s fitness for medical transitioning. Although there is no official list of
8 the advised medical examinations, usually they include: an electroencephalogram,
9 genetic tests such as karyotype test, an x-ray or computed tomography scan of
10 the head, an ophthalmoscopy exam, liver and kidney puncture lab tests, blood
11 morphology, tests of luteinizing and follicle-stimulating hormone levels, an
12 abdominal ultrasound, and a urological/gynecological examination.2 During the
13 psychiatric part of the diagnostic stage, individuals should prove to the satisfac-
14 tion of the clinician that after transition they will be heterosexual and that they
15 will and can conform to traditional gender roles and expressions. Those who will
16 not pretend that after transition they will be attracted to the opposite gender and
17 those who fail to convincingly portray their future selves as unfailingly hetero-
18 normative will not receive the needed diagnosis and will go no further in the
19 transition process. If medical tests indicate no health issues, and if the individual
20 receives a psychiatric diagnosis of transsexuality, the diagnostician will likely
21 prescribe feminizing or masculinizing hormones (Dynarski 2012a). Those who do
22 not receive the diagnosis or who have problematic results from the medical tests
23 are denied the opportunity to transition medically or socially.
24 The legal aspects of the process do not begin until a medical transition is
25 already underway. At this stage, those who have passed the medical and psy-
26 chological evaluations must prove their consistent and explicit gender identity
27 and their commitment to live in the new gender role permanently by undergoing
28 feminizing or masculinizing medical procedures, including hormone therapy
29 and, in the case of trans men, a double masectomy and chest reconstruction. As a
30 result, transgender people who do not wish to or do not feel a need to undergo
31 those medical procedures either are forced by the system to accommodate the
32 requirements by medically masculinizing or feminizing their bodies or find them-
33 selves prevented from having their gender identity legally recognized (Kryszk and
34 Kłonkowska 2012: 243–44).
35 Moreover, trans people seeking medical services face another dilemma.
36 Article 156 of the Polish Criminal Code (ISAP 1997a) criminalizes medical
37 treatments that interfere with an individual’s “procreation abilities,” and trans-
38 sexuality is not one of the serious medical conditions exempted from this
39 provision. As Wiktor Dynarski, a researcher and president of Poland’s Trans-
40 Fuzja Foundation, points out, providers have interpreted “procreation ability” to
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1 include chest surgery on trans men. “As a result, a vicious circle is created in which
2 a person is required to undergo a mastectomy, but some health care providers
3 refuse to carry out such an operation because of the fear of legal consequences.
4 This situation drastically limits the offer of medical help to transgender people
5 and creates a corruption-friendly environment” (Dynarski 2012a).
6 Those who have made it this far in the process now must initiate the legal
7 procedures for changing one’s gender markers. According to Article 156 of the
8 Polish Criminal Code (ISAP 1997a), genital surgeries such as phalloplasties or
9 vaginoplasties can be performed only after a court has issued a positive verdict on
10 one’s gender recognition and the individual has been issued a new birth certificate
11 and a new personal identification number. To secure this court ruling, individuals
12 (usually adults) must file a lawsuit against their parents to meet Article 189 of
13 the Polish Criminal Code (ISAP 1997a). Dynarski describes the problems this
14 adversarial process can create:
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16 Because a person’s parents are involved in the court process, the procedure can be
17 irrationally prolonged, especially when parents do not accept their child’s deci-
18 sion. . . . Since the Polish court system does not educate its judges on the subject of
19 gender recognition, the court hears out both of sides and (usually) calls an expert
20 witness . . . who is expected to check whether the first diagnosis was carried out
21 accordingly. As a result, this process can take up to several years. (2012a)
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23 Although an applicant’s post-transition heterosexuality will have already been
24 confirmed during the diagnostic stage, judges will often query trans people about
25 their sexual orientation before issuing their verdict.
26 If the court verdict on one’s gender recognition is positive, the individual’s
27 birth certificate is amended to reflect the new gender marker. The given name and
28 the form of the surname are also changed, as most Polish surnames indicate the
29 person’s gender. Unfortunately, however, the old information remains: anyone
30 who views the full certificate can easily discover a transgender person’s past.
31 At this point, one may apply for new identity documents (e.g., ID card, driver’s
32 license, university diploma). Since the successful applicant has already convinced
33 their diagnostician of their commitment to live a post-transition life in a (hetero)
34 normative gender role once the gender markers are changed, married individuals
35 must divorce their pretransition husbands or wives. Same-sex marriages are
36 banned in Poland according to Article I, Part I, of the Family and Guardianship
37 Code (ISAP 1964) and Article 18 of the Constitution of the Republic of Poland
38 (ISAP 1997b). It is only at this stage that an individual can undergo genital and
39 other surgeries that would, in the view of the state, complete their transition. But
40 there is yet a final barrier: the National Health Fund does not cover the cost of
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1 clothes. Why should an MTF? There isn’t one person in the world who fits an ideal
2 image of a man or a woman.
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4 Respondents also took issue with the role sexual orientation plays in the diagnosis
5 of transsexuality. Cisgender people in Poland most certainly experience the social
6 pressure to be heterosexual. But again, the legal gender of homosexual cis indi-
7 viduals does not depend on their sexual orientation. But for noncisgender LGB
8 people, their gender identity can be invalidated by their (post-transition) sexual
9 orientation.
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11 Iza: My trans colleagues who identify themselves as gay lied to their doctors. . . . They
12 had a choice of saying they’re straight and getting their medicines right away
13 or admitting they’re gay or bisexual and be forced to undergo psychotherapy. . . . It
14 was clear what they would choose.
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16 Sławka: Such doctors [diagnosticians] draw a conclusion that all trans people are
17 straight. This is what they tell their next patient, that’s what they write in their
18 publications, and this is how their publications are being cited in the Internet. And
19 as a result, a few years later, a poor little trans person who is looking for some
20 knowledge and identity discovers that since their sexual orientation is differ-
21 ent, it means that they must be some kind of a “pervert” and will not qualify for
22 treatment.
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24 Social and expert pressure exerted on transgender people concerning their
25 declared sexual orientation also affects their self-perception. Some transgender
26 people, especially those identifying as transsexual, view heterosexuality as con-
27 firmation of one’s gender identity and status as a true transsexual. They remain
28 confined by the socially constructed, heteronormative matrix defining femininity
29 and masculinity. This is especially true for transgender people who have not had
30 body modifications.
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32 Zdzisław, who was assigned female at birth: I live with a woman. I can’t imagine
33 a man touching me . . . as long as I have my present body. If [my body] were
34 “proper” I wouldn’t have such objections.
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36 Janek, also assigned female at birth,: Oh, God, I like men, so maybe I’m not a true
37 transsexual.
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39 Only by subscribing (or pretending to) to the norms of the disciplinary appa-
40 ratuses governing transsexuality can hetero- and gender-normative trans people
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1 Thus, in Polish, the difference between the terms transpłciowość (transgender) and
2 transseksualizm (transsexualism) seems insignificant from the linguistic point of view,
even though they are defined differently. Nevertheless, of concern here is that only the
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term transseksualizm, not transpłciowość, appears in Polish legal and medical discourse
4 concerning the transgender population. The latter is used only by social scientists and
5 trans advocates. Also, transpłciowość is sometimes replaced by Polish social scientists
6 and by trans activists with the English term transgender to signify “individuals . . . whose
7 personal identities [are] considered to fall somewhere on a spectrum between ‘trans-
8 vestite’ . . . and ‘transsexual’” (Stryker 2006: 4). Using the English term avoids the
essentialism conveyed by the Polish word płeć. In this article, I use the word transgender as
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it is used in the contemporary English-language social sciences: as an umbrella term
10 broadly encompassing a whole variety of gender-nonconforming identities and practices.
11 2. This list of tests is based on accounts of members of a support group for transgender
12 people which I have been running since 2010.
13 3. Interview quotations have been translated by the author. The names of respondents have
14 been changed. Polish first names always reveal the gender: if the name ends in an a, it is a
female name. If the name ends with a consonant, it is a male name.
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References
17
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