Andy Inkster, a woman who “identifies as a man,” has taken testosterone and underwent surgery to remove her breasts. She decided she wanted to get pregnant and stopped taking testosterone. In 2009, she sought fertility treatment at Baystate Reproductive Medicine. Baystate was one of the few clinics in the country with an anti-discrimination policy for gender identity. Baystate refused to treat her, allegedly arguing that it didn’t have enough expertise to treat transgender patients. Inkster found another clinic that helped her conceive via in vitro fertilization and donor sperm. She then sued Baystate for sexual discrimination.
According to court documents, she was denied treatment after failing to comply with a clinic counselor’s request that she supply information from her current therapist that she was emotionally ready to handle pregnancy and parenting. Inkster argued that nontransgender patients weren’t asked to do the same. This fall, the Massachusetts Commission Against Discrimination — the state’s civil rights agency — found probable cause for Inkster. The case will next move on to a conciliation conference, and then to a possible settlement.
Query if it is reasonable to request such documentation from a woman who has demonstrated – through her actions – that she does not identify with her female anatomy, as evidence by her willingness to inject herself with testosterone and have her healthy breasts removed.