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Andrea Jones is a male to female transgendered woman. She's undergone a partial sex change operation - hormone replacement, has grown breasts, no longer has testicles (I'm assuming she hasn't undergone a vaginoplasty yet which is why the term "partial" is used).
She recently tried to change her legal sex on her ID from male to female, but the Tennessee department of Safety refused her request. In protest of the state's continuing instance that she is male, Andrea decided to go topless in public. Upon doing so, she was charged with indecent expose for exposing his breasts.
How is it that the state can on one hand insist Andrea is legally a man, yet on the other arrest Andrea for the exposure of his female breasts? Do our laws need to be updated in order to accommodate the transgendered and the intersexed? How should somebody's sex be legally determined? Should we even make distinctions between men and women within the law?
Here's the pertinent text of the Tennessee indecent exposure law for those who wish to nitpick it:
"A person commits the offense of public indecency who, in a public place...Appears in a state of nudity...'Nudity' or 'state of nudity' means...the showing of the female breast with less than a fully opaque covering of the areola"
She recently tried to change her legal sex on her ID from male to female, but the Tennessee department of Safety refused her request. In protest of the state's continuing instance that she is male, Andrea decided to go topless in public. Upon doing so, she was charged with indecent expose for exposing his breasts.
Andrea makes a very good point
EDIT: However, there remains the possibility that Andrea wasn't arrested just for indecent exposure.
Andrea Jones is a male to female transgendered woman. She's undergone a partial sex change operation - hormone replacement, has grown breasts, no longer has testicles (I'm assuming she hasn't undergone a vaginoplasty yet which is why the term "partial" is used).
She recently tried to change her legal sex on her ID from male to female, but the Tennessee department of Safety refused her request. In protest of the state's continuing instance that she is male, Andrea decided to go topless in public. Upon doing so, she was charged with indecent expose for exposing his breasts.
How is it that the state can on one hand insist Andrea is legally a man, yet on the other arrest Andrea for the exposure of his female breasts? Do our laws need to be updated in order to accommodate the transgendered and the intersexed? How should somebody's sex be legally determined? Should we even make distinctions between men and women within the law?
Here's the pertinent text of the Tennessee indecent exposure law for those who wish to nitpick it:
"A person commits the offense of public indecency who, in a public place...Appears in a state of nudity...'Nudity' or 'state of nudity' means...the showing of the female breast with less than a fully opaque covering of the areola"
Using your logic, he should have been arrested for going topless too?
I am using logic, I read the law, nowhere does it mention the gender of the person. Should and could are two different words, with different meanings. There are many laws that could be enforced, that I do not believe should be enforced.
By the way, why weren't the breasts on your link, fully revealed?
But if attached to a legal male, aren't they male breasts?
One would assume. Go to any beach in the summer and you'll see quite large male breasts!
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