Pennsylvania Judge Theodore Fritsch, Jr. yesterday dismissed an effort by the parents of a 48-year-old transgender woman to block her gender reassignment surgery. The parents of Christine Kitlzer claimed that their child was mentally incompetent and asked the judge to appoint a legal guardian for her.
Judge Fritsch determined that Ms. Kitzler showed a clear understanding of the procedure she had been scheduled to undergo and the attendant risks involved. He then voided the temporary injunction that had prevented the surgery on Tuesday.
Kitzler's lawyers and Philadelphia-area surgeon were trying to schedule the operation for this week. The surgeon, Dr. Christine McGinn, said she would cover the cost. The operation had been set for Tuesday before Klaus and Ingrid Kitzler won a temporary injunction.
Klaus and Ingrid Kitzler argued that Christine had a childhood learning disorder and had suffered ongoing bouts of depression that compromised her judgment. Additionally they said that the fact she was HIV+ and suffers from Hep C makes the surgery riskier.
The Kitlzer's attorney, Julia Morrow "suggested Christine Kitzler was easily overborne and was submitting to her surgeon's wishes - just as she had when allowing drug dealers to grow marijuana in her home during college and drifters to crash at a mobile home where she lived" in Myrtle Beach South Carolina.
It's barbaric to keep me this way, not to take this risk. Then I suffer and I go back to drinking, and that's barbaric. I can't maintain being a sober man, being happy, because it hasn't happened. It can't happen. I don't have a choice.
--Christine Kitzler
Transgender legal activist Michael Silverman couldn't recall another case in which competency was challenged to halt a gender-reassignment surgery.
This is another court recognizing that transgender health care is health care. A court would not interfere with medically necessary care for any other issue. Here a court has refused to interfere with medically necessary care for gender dysphoria.
--Michael Silverman, Transgender Legal Defense and Education Fund
In ruling for Christine Kitzler, the judge said he recognized she had suffered from depression and substance abuse but noted she had testified to being sober for three years and had demonstrated an ability to understand her decisions. Kitzler earned a liberal arts degree from Ohio University and has a deep knowledge and keen understanding of politics, her father testified.
As part of her transition Ms. Kitzler has undergone 16 months of preparation and treatment and received clearances from two mental health professionals. Her. parents had sought an examination by a court appointed independent psychiatrist.
Kitzler said the surgery would complete a transition rooted in nights as a child spent locked in the bathroom trying on her mother's makeup and wearing women's clothing to college classes. Beyond her emotional well-being, she said, surgery would enable her to compete as a woman in running events and use the women's locker room at her gym.
I accept it, but I want to stop it. I would love to have a son back who goes to church with us on Sunday mornings.
--Klaus Kitzler
Mr. Kitzler repeatedly misgendered his child during his testimony.
After the judge told him to use feminine or gender-neutral pronouns, he settled on "that person" before occasionally slipping back into masculine phrasing.
Mr. Kitzler watched from the gallery as Christine Kitzler testified.
When she said she hoped her parents would call her by that name someday, he snickered and whispered "never."
They have a daughter. They don't have a son. I'll have the parts. I am a woman.
--Christine Kitzler