Thaddeus Baklinski

Psychiatry expert: ‘scientifically there is no such thing as transgender’

Thaddeus Baklinski
Thaddeus Baklinski
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OTTAWA, January 11, 2013 (LifeSiteNews.com) – A prominent Toronto psychiatrist has severely criticized the assumptions underlying what has been dubbed by critics as the Canadian federal government's "bathroom bill," that is, Bill C-279, a private member’s bill that would afford special protection to so-called "transgender" men and women.

Dr. Joseph Berger has issued a statement saying that from a medical and scientific perspective there is no such thing as a "transgendered" person, and that terms such as “gender expression” and “gender identity" used in the bill are at the very least ambiguous, and are more an emotional appeal than a statement of scientific fact.

Berger, who is a consulting psychiatrist in Toronto and whose list of credentials establishes him as an expert in the field of mental illness, stated that people who identify themselves as "transgendered" are mentally ill or simply unhappy, and pointed out that hormone therapy and surgery are not appropriate treatments for psychosis or unhappiness.

"From a scientific perspective, let me clarify what ‘transgendered’ actually means," Dr. Berger said, adding, "I am speaking now about the scientific perspective – and not any political lobbying position that may be proposed by any group, medical or non-medical."

"‘Transgendered’ are people who claim that they really are or wish to be people of the sex opposite to which they were born, or to which their chromosomal configuration attests," Dr. Berger stated.

"Some times, some of these people have claimed that they are ‘a woman trapped in a man’s body’ or alternatively ‘a man trapped in a woman’s body’."

"The medical treatment of delusions, psychosis or emotional happiness is not surgery," Dr. Berger stated.

"On the other hand," Dr. Berger continued, "if these people are asked to clarify exactly what they believe, that is to say do they truly believe whichever of those above propositions applies to them and they say ‘no’, then they know that such a proposition is not true, but that they ‘feel’ it, then what we are talking about scientifically, is just unhappiness, and that unhappiness is being accompanied by a wish – that leads some people into taking hormones that predominate in the other sex, and even having cosmetic surgery designed to make them ‘appear’ as if they are a person of the opposite sex."

He explained that cosmetic surgery will not change the chromosomes of a human being in that it will not make a man become a woman, capable of menstruating, ovulating, and having children, nor will it make a woman into a man, capable of generating sperm that can unite with an egg or ovum from a woman and fertilize that egg to produce a human child.

Moreover, Dr. Berger stated that the arguments put forward by those advocating for special rights for gender confused people have no scientific value and are subjective and emotional appeals with no objective scientific basis.

"I have read the brief put forward by those advocating special rights, and I find nothing of scientific value in it," Dr. Berger said in his statement. "Words and phrases, such as 'the inner space,' are used that have no objective scientific basis."

"These are the scientific facts," Dr. Berger said. "There seems to me to be no medical or scientific reason to grant any special rights or considerations to people who are unhappy with the sex they were born into, or to people who wish to dress in the clothes of the opposite sex."

"The so-called ‘confusion’ about their sexuality that a teenager or adult has is purely psychological. As a psychiatrist, I see no reason for people who identify themselves in these ways to have any rights or privileges different from everyone else in Canada," he concluded.

REAL Women of Canada asked Dr. Berger for a statement on the issues surrounding Bill C-279 after the organization appeared before the review committee hearings on the bill.

Gwen Landolt of REAL Women told LifeSiteNews that after being initially refused permission to present their perspective on the bill to the review committee, the group was accepted, but found that all other groups and individuals who had been accepted to appear before the committee were supporters of Bill C-279.

"It can scarcely be an impartial review of any bill if only the witnesses supporting the bill are invited to speak to it," Landolt said.

Landolt explained that after passing second reading on June 6, 2012, Bill C-279 went to the Justice and Human Rights Committee for review.

At the review committee hearings, REAL Women of Canada presented a 12 page brief setting out the harms created by the bill, and pointing out that the terms “gender expression” and “gender identity," as written in Bill C-279, were so broad that they could be used to protect pedophilia along with other sexual perversions, if passed into law.

REAL Women provided the committee with evidence that post-operative trans-gendered individuals suffer substantially higher morbidity and mortality than the general population, placing the so-called “sex reassignment” surgery and hormone treatment under continued scrutiny.

They pointed out that a pioneer in such treatment, Dr. Paul McHugh, distinguished professor of psychiatry at Johns Hopkins University School of Medicine and psychiatrist-in-chief at Johns Hopkins Hospital, stopped the procedures because he found that patients were no better adjusted or satisfied after receiving such treatment.

McHugh wrote in 2004 that “Hopkins was fundamentally cooperating with a mental illness” by catering to the desires of people who wanted surgery to change their biological sex.

“We psychiatrists, I thought, would do better to concentrate on trying to fix their minds and not their genitalia,” he stated, adding that “to provide a surgical alteration to the body of these unfortunate people was to collaborate with a mental disorder rather than to treat it.”

Landolt noted that the committee hearings ended in confusion over the terminology presented in the bill, and that even the bill's sponsor, NDP MP Randall Garrison (Esquimalt – Juan de Fuca), was not clear as to who is included and who is excluded in these terms.

"The definition for 'gender identity' proposed by Mr. Garrison is a subjective one that he defined as a 'deeply felt internal and individual experience of gender, which may or may not correspond with the sex that the individual was assigned at birth'," Landolt said, adding that "The committee engaged in extensive discussions on the meaning of “gender identity” and “gender expression” without much clarification."

"As a result, instead of a smooth, orderly dispatch of this bill through the Committee orchestrated by Garrison, Conservative MP Shelly Glover (St. Boniface, Manitoba) and Conservative MP Kerry-Lynne Findlay (Delta-Richmond-East, BC), the committee hearings broke down in confusion at the final hearing on December 10th. The result is that the bill will be reported to the House of Commons as originally written without amendments," Landolt stated.

Following this state of confusion over terms at the review committee, REAL Women sought out an expert in order to provide the scientific and medical evidence relating to "transgenderism" and the other terms used in the bill.

Gwen Landolt told LifeSiteNews that REAL Women of Canada will be including Dr. Berger's statement in an information package to be sent to MPs before the bill comes to final vote.

"It is crucial that MPs know that this legislation is harmful, not only to those who think themselves transgendered but also to society, and should not be passed into law," Landolt said. "We must therefore write to our MP’s to request that they speak against this troubling bill."

Dr. Berger is certified as a specialist in Psychiatry by the Royal College of Physicians and Surgeons of Canada and by the American Board of Psychiatry and Neurology, and is an elected Distinguished Life Fellow of the American Psychiatric Association. He is also a past Chairman of the Toronto district of the Ontario Medical Association and past President of the Ontario branch of the American Psychiatric Association.

Berger has been an Examiner in Psychiatry for the American Board of Psychiatry and Neurology for twenty five years, has taught as Assistant Professor of Psychiatry at the University of Toronto, and is the author of many published papers on different aspects of Diagnosis and Independent Psychiatric Assessments, as well as author of the book “The Independent Medical Examination in Psychiatry” published by Butterworth/Lexis-Nexis.

To contact Prime Minister Harper and the Minister of Justice, Rob Nicholson, about Bill C-279:

The Rt. Hon. Stephen J. Harper
Office of the Prime Minister House of Commons Ottawa, ON        K1A 0A6
Fax: 613-941-6900
Email: pm@pm.gc.ca

The Hon. Robert Nicholson
Minister of Justice House of Commons Ottawa, ON K1A 0A6
Fax: 613-992-7910
Email: rob.nicholson@parl.gc.ca

Find contact information for Members of Parliament here.

Related:

Canadian ‘transsexual’ bill passes second reading 150 to 132

15 federal Conservatives who helped Canadian ‘transsexual’ bill pass 2nd reading

Transgender bill ‘isn’t necessary,’ concedes Canadian Human Rights Commission

TV personality slams Conservative government for supporting ‘transgender’ bill


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Quebec groups launch court challenge to euthanasia bill

LifeSiteNews staff
By LifeSiteNews staff

As announced when the Quebec legislature adopted Bill 52, An Act respecting end-of-life care, the citizen movement Living with Dignity and the Physicians’ Alliance against Euthanasia, representing together over 650 physicians and 17,000 citizens, filed a lawsuit before the Superior Court of Quebec in the District of Montreal on Thursday.

The lawsuit requests that the Court declare invalid all the provisions of the Act that deal with “medical aid in dying”, a term the groups say is a euphemism for euthanasia. This Act not only allows certain patients to demand that a physician provoke their death, but also grants physicians the right to cause the death of these patients by the administration of a lethal substance.

The two organizations are challenging the constitutionality of those provisions in the Act which are aimed at decriminalizing euthanasia under the euphemism “medical aid in dying”. Euthanasia constitutes a culpable homicide under Canada’s Criminal Code, and the organizations maintain that it is at the core of the exclusive federal legislative power in relation to criminal law and Quebec therefore does not have the power to adopt these provisions.

The organizations also say the impugned provisions unjustifiably infringe the rights to life and to security of patients guaranteed by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. They further infringe the right to the safeguard of the dignity of the person, which is also protected by the Quebec Charter.

In view of the gravity of the situation and the urgent need to protect all vulnerable persons in Quebec, they are requesting an accelerated management of the case in order to obtain a judgment before the Act is expected to come into force on December 10, 2015.


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Colorado baker appeals gvmt ‘re-education’ order

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By LifeSiteNews staff

A Colorado cake artist who declined to use his creative talents to promote and endorse a same-sex ceremony appealed a May 30 order from the Colorado Civil Rights Commission to the Colorado Court of Appeals Wednesday.

The commission’s order requires cake artist Jack Phillips and his staff at Masterpiece Cakeshop to create cakes for same-sex celebrations, forces him to re-educate his staff that Colorado’s Anti-Discrimination Act means that artists must endorse all views, compels him to implement new policies to comply with the commission’s order, and requires him to file quarterly “compliance” reports for two years. The reports must include the number of patrons declined a wedding cake or any other product and state the reason for doing so to ensure he has fully eliminated his religious beliefs from his business.

“Americans should not be forced by the government – or by another citizen – to endorse or promote ideas with which they disagree,” said the cake artist’s lead counsel Nicolle Martin, an attorney allied with Alliance Defending Freedom. “This is not about the people who asked for a cake; it’s about the message the cake communicates. Just as Jack doesn’t create baked works of art for other events with which he disagrees, he doesn’t create cake art for same-sex ceremonies regardless of who walks in the door to place the order.”

“In America, we don’t force artists to create expression that is contrary to their convictions,” added Alliance Defending Freedom Senior Legal Counsel Jeremy Tedesco. “A paint artist who identifies as homosexual shouldn’t be intimidated into creating a painting that celebrates one-man, one-woman marriage. A pro-life photographer shouldn’t be forced to work a pro-abortion rally. And Christian cake artists shouldn’t be punished for declining to participate in a same-sex ceremony or promote its message.”

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In July 2012, Charlie Craig and David Mullins asked Jack Phillips, owner of Masterpiece Cakeshop, to make a wedding cake to celebrate their same-sex ceremony. In an exchange lasting about 30 seconds, Phillips politely declined, explaining that he would gladly make them any other type of baked item they wanted but that he could not make a cake promoting a same-sex ceremony because of his faith. Craig and Mullins, now represented by the American Civil Liberties Union, immediately left the shop and later filed a complaint with the Colorado Civil Rights Division. The case now goes to the Colorado Court of Appeals as Masterpiece Cakeshop v. Craig.

“Jack, and other cake artists like him – such as those seen on TV shows like ‘Ace of Cakes’ and ‘Cake Boss’ – prepare unique creations that are inherently expressive,” Tedesco explained. “Jack invests many hours in the wedding cake creative process, which includes meeting the clients, designing and sketching the cake, and then baking, sculpting, and decorating it. The ACLU calls Jack a mere ‘retail service provider,’ but, in fact, he is an artist who uses his talents and abilities to create expression that the First Amendment fully protects."

Celebrity cake artists have written publicly about their art and the significant expressive work that goes into the artistic design process for wedding cakes.


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Prisoner of conscience Mary Wagner appeals her conviction

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By Tony Gosgnach

TORONTO -- As promised, Mary Wagner has, through her counsel Dr. Charles Lugosi, filed a formal notice of appeal on numerous points regarding her recent, almost two-year-long court case that ended on June 12.

Justice Fergus O’Donnell of the Ontario Court of Justice rejected every application made by the defence – including for access to abortion center records, public funding, standing for a constitutional challenge and for expert witnesses to be heard – before he found Wagner guilty and sentenced her to five months in jail on a charge of mischief and four months on four counts of failing to comply with probation orders.

He further levied two years of probation, with terms that she stay at least 100 metres away from any abortion site. However, because Wagner had spent a greater time in jail than the sentence, she was freed immediately. She had been arrested at the “Women’s Care Clinic” abortion site on Lawrence Avenue West in Toronto on August 15, 2012 after attempting to speak to abortion-bound women there. She then spent the duration of the trial in prison for refusing to sign bail conditions requiring her to stay away from abortion sites.

Wagner is using the matter as a test case to challenge the current definition of a human being in Canadian law – that is, that a human being is legally recognized as such only after he or she has fully emerged from the birth canal in a breathing state.

Wagner’s notice states the appeal is regarding:

  • Her conviction and sentence on a single count of mischief (interference with property),
  • Her conviction and sentence on four counts of breach of probation,
  • The order denying public funding,
  • The order denying the disclosure of third-party records,
  • The order denying the admission of evidence from experts on the applicant’s constitutional challenge concerning the constitutional validity of Section 223 of the Criminal Code,
  • The order denying the admission of evidence from experts concerning the construction of Section 37 of the Criminal Code,
  • The probation order denying Wagner her constitutional rights to freedom of speech, freedom of expression, freedom of conscience and freedom of religion on all public sidewalks and public areas within 100 metres of places where abortions are committed,
  • And each conviction and sentence and all orders and rulings made by O’Donnell.

In the notice of appeal, Lugosi cites numerous points on which O’Donnell erred:

  • He denied Wagner her constitutional right to make full answer and defence.
  • He denied Wagner her right to rely on Section 37 of the Criminal Code, which permits “everyone” to come to the third-party defence and rescue of any human being (in this case, the preborn) facing imminent assault.
  • He decided the factual basis of Wagner’s constitutional arguments was a waste of the court’s time and that no purpose would have been served by having an evidentiary hearing on her Charter application because, in the current state of Canadian law, it had no possibility of success.
  • He misapplied case law and prejudged the case, “giving rise to a reasonable apprehension of bias and impeding the legal evolution of the law to adapt to new circumstances, knowledge and changed societal values and morals.”
  • He accepted the Crown’s submission that it is beyond the jurisdiction of the courts to question the jurisdiction of Parliament legally to define “human being” in any manner Parliament sees fit.
  • He ruled Section 223 of the Criminal Code is not beyond the powers of Section 52 of the Constitution Act, 1982.
  • He ruled Section 223 of the Criminal Code does not violate the Preamble to, as well as Sections 7, 11(d), 15 and 26, of the Charter of Rights and Freedoms.
  • He denied Wagner standing to raise a constitutional challenge to the validity of Section 223 of the Criminal Code.
  • He ruled that Section 223 of the Criminal Code applied generally throughout the entire Criminal Code and used it to deny unborn human beings the benefit of equal protection as born human beings under Section 37 of the Criminal Code.
  • He denied the production and disclosure of third-party records in the possession of the “Women’s Care Clinic” abortion site, although the records were required to prove Wagner was justified in using reasonable force in the form of oral and written words to try to persuade pregnant mothers from killing their unborn children by abortion.
  • He denied Wagner the defence of Section 37 of the Criminal Code by ruling unborn children did not come within the scope of human beings eligible to be protected by a third party.
  • He ruled Wagner did not come within the scope of Section 37 because she was found to be non-violent (in that she did not use physical force).
  • He ruled the unborn children Wagner was trying to rescue were not under her protection.
  • He denied Wagner the common-law defences of necessity and the rescue of third parties in need of protection.
  • He denied Wagner public funding to make full answer and defence for a constitutional test case of great public importance and national significance.
  • He imposed an unconstitutional sentence upon Wagner by, in effect, imposing an injunction as a condition of probation, contrary to her constitutional rights of free speech, freedom of expression, freedom of conscience and freedom of religion.

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Among the orders Lugosi is seeking are:

  • That an appeal be allowed against conviction on all counts and that a verdict of acquittal be entered on all counts,
  • That Section 223 of the Criminal Code be found unconstitutional  and contrary to Section 52 of the Constitution Act, 1982, as well as the unwritten constitution of Canada,
  • That the sentence be declared unconstitutional and contrary to Section 52 of the Constitution Act, 1982, and the unwritten constitution of Canada or that a new trial be conducted, with Wagner permitted to make full answer and defence, be given standing to make a constitutional attack on Section 223 of the Criminal Code, with the admission of expert witnesses,
  • That the Women’s Care Clinic abortion site be made to produce third-party records pertaining to patients seen on August 15, 2012 (when Wagner entered the site),
  • And that there be public funding for two defence counsels at any retrial and for any appeal related to the case.

No date has yet been established for a decision on the appeal or hearings.

A defence fund for Wagner’s case is still raising money. Details on how to contribute to it can be found here.


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