More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Jacob M. Appel

Jacob M. Appel

Posted: May 30, 2010 01:38 PM

Are Breasts a Right or a Privilege?

What's Your Reaction:

Although the National Health Service in Great Britain has paid for gender reassignment surgery for transsexuals since 1999, at a cost of approximately £10,000 per procedure, precisely how much masculinization or feminization should be funded by the taxpayers remains a matter of ongoing controversy. Many patients with Gender Identity Disorder have for years complained that local health trusts generate countless bureaucratic obstacles for those seeking reassignment, often reducing the NHS promise of medical therapy into merely a paper right. In contrast, Christian conservatives -- many of whom deny the existence of Gender Identity Disorder, or believe it should not be treated at all -- have drawn attention to costly services available to transsexuals but not to the general population, such as last week's revelation that the NHS in Glasgow was advertising for a "hair removal specialist" for its transgender clients. Now, in a Kafkaesque decision that may prove a setback to transsexual health rights, Justice David Bean of the High Court has ruled that funding for breast enhancement for male-to-female transsexuals is not an essential part of their transformation.

This is not the first time a British transsexual has confronted a local health care board unsympathetic to the flat-chested. Earlier this spring, the British media reported on the case of forty-year-old Miranda Lee, a male-to-female transsexual whose friendly neighborhood NHS trust, South East Essex Primary Care, paid for her genital surgery and then refused to pay for her breast surgery. Ms. Lee pled her case in stark terms: "I was born with a female brain, have suffered constant abuse throughout my life, and was even married. In my determination to become a woman, I've lost almost everything...and now the health trust has left me half-man and half-woman." In contrast, supporters of South East Essex noted that, at a time that budgetary constraints led to a long waits for many critical health services, the system could not afford to pay for largely cosmetic procedures.

The transgender appellant in AC v. Berkshire West Primary Care Trust, the ruling handed down on May 25, had, for unclear reasons, refused genital surgery for her GID, but had applied to her local NHS trust for breast augmentation after hormonal therapies failed. She provided expert psychiatric testimony that she suffered chronic distress from her lack of breasts and that her "self-consciousness" had increased with time. In another case several years earlier, Berkshire West Primary Care had paid for augmentation for an eighteen-year-old GID patient suffering from severe depression. Nonetheless, Berkshire West, which remained more than willing to cut off Ms. C's penis on the public shilling, refused augmentation funding. According to the local health board, breast enhancement for transsexuals was not a "core" procedure for the treatment of GID, unlike genital surgery, so it would not be covered. They wanted no part in making mountains out of molehills.

One cannot assess the NHS policy toward transsexuals without comparing it to the treatment of breast cancer survivors. In Great Britain, women who have had therapeutic mastectomies have their reconstructive surgery paid for in full by the taxpayers. Although the United States does not have national health insurance, reconstructive breast surgery is guaranteed for virtually all holders of private insurance under the Women's Health & Cancer Rights Act of 1998. Medicare also covers such reconstructive surgery, as do most (and possibly all) state Medicaid plans. The purpose of such funding, which seems both reasonable and compassionate, is that reconstructive surgery may be in the psychological best interests of certain patients. Needless to say, breast enhancement may also serve the psychological best interests of Gender Identity Disorder patients. But one should not lose sight of the fundamental fact that both "reconstructive" breast surgeries for cancer patients and "enhancement" surgeries for transsexuals are inherently cosmetic procedures. Nobody dies for a lack of breasts. In fact, 80 percent of mastectomy patients choose against reconstruction. If policy makers are going to distinguish between the two groups of patients, they should have a stronger foundation for their guidelines than their personal belief that cancer victims are more deserving than people whose brains do not match their genitalia.

The reality is that breast size has significant psychological and social implications for many women. I do not in any way to mean to suggest that it should: Anyone who judges another human being by the size or shape of her cleavage is a first-rate idiot. But until everyone shares that view, women must live in the world as it is, not in the world as it ought to be. One cannot help sympathizing with the views of Jenna Franklin, the fifteen-year-old English girl who launched a public campaign in 2001 to obtain permission for breast implants on her sixteenth birthday. Franklin, who wore a 34A brassiere, sought C or D size cups. She told the BBC: "You've got to have breasts to be successful. Every other person you see on television has had implants. I used to pray my boobs would grow. Then I just thought, what's the point when I can have implants when I want? I just want to be happy with my body and I think having my breasts enlarged will give me more self-confidence." Franklin was denied surgery at age sixteen. (I do not know whether she has sought enhancement since -- but, whether or not, I hope she has found happiness.) I suspect Franklin's experience is the subjective experience of many other girls. Some suffer depression as a result, while others face fewer professional and romantic opportunities as a result of their physical anatomy. Why are they any less entitled to cosmetic surgery than cancer survivors or transsexuals?

In drawing an arbitrary line between breast cancer survivors and transsexuals and flat-chested teenagers with low self esteem, we fall victim to the fallacy of naturalism. Somehow, making women "whole" after cancer is different from "enhancing" them beyond their normal size -- even if their normal size is substantially below average. But one could easily view extremely flat-chested women as less-than-whole and socially handicapped -- as insurers choose to do, for example, in cases of children with cleft lips. Moreover, assuming both groups of women have suffered, does our society really want to entangle itself in the business of comparing their suffering? Admittedly, paying for breast enhancement for the flat-chested caves in to many disturbing stereotypes regarding breast size and human (particularly female) worth. But so does reconstructing breasts after a mastectomy. (How many of the self-styled feminists who chastised Jenna Franklin for buying into a "beauty myth" were willing to criticize Olivia Newton-John for not embracing her scar?) Yet once we reject the naturalist fallacy that we are making some women "whole" while merely "enhancing" others, we confront the challenge of whether we are willing to fund breast surgery for any women or men who desire it? And how can we justify such expenditures at a time when many in the world go without any healthcare at all? On the other hand, are we willing to render breast enhancement -- with its concomitant psychological and apparent social benefits -- a privilege of the wealthy?

King Solomon might have split the difference and agreed to enlarge one breast per woman, but no contemporary student of ethics or policy should view these as easy questions to answer. The very distinction between "medical" and "cosmetic" often reflects social, rather than biological, principles. Maybe we should publicly fund all "elective" surgeries, recognizing that the desire for such procedures is entirely subjective, and that the value of large breasts or a straight nose or a full head of hair is too personal to be assessed by a panel of experts. And before we declare this approach to be a major waste of public funds, we should at least consider the possibility that the personal happiness, and increased productivity, and savings on long-term psychiatric care, generated by such free "cosmetic" surgery might more than pay for the initial costs. Or maybe it would cost society a fortune -- but we'd all be happier.

What should be clear is that many of our current rules in this field are rather arbitrary and ill-considered -- among these, the British policy that pays for genital surgery and hair-removal for transsexuals, but not for breast enhancement. It should not really matter whether breast enhancement for certain GID patients is a "core" medical necessity or merely a service that can vastly improve their lives. What ought to matter is that a human being is suffering and the medical establishment has the technology and resources to help.

 
 
 
  • Comments
  • 47
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
Page: 1 2  Next ›  Last »  (2 total)
08:17 PM on 06/01/2010
I have had enough of reading these "comments" no one ever seems to say "Spending taxpayers money on surgically mutilating non consenting intersex childrenis wrong!". But it is interesting how when those children grow up, if they reject what was done to them (At tax payers expense) they are also rebranded as "Trans-genders" and told that they are the sex they were surgically assinged to as children, while being told surgery does not make a man or a woman and it is a waste of taxpayers money?

The health care systems are arbitrary and inconsistent, and seem to be set up to pander to collective sadism rather than what they are supposed to do with is deliver health care.
ThePeacemakers
Concerned Citizen
01:54 PM on 06/01/2010
I refer to "gender re-assignment" as "gender-role re-assignment" - it's an attempt to fit into a societal mindset that teaches emotions have a gender which is itself a pathology.
This user has chosen to opt out of the Badges program
photo
01:44 PM on 06/01/2010
reconstruction surgery following a trauma or mastectomy is putting the person back in the state they were in prior to the event or cancer. This is the principle of indemnity that insurance is supposed to follow; to put you back to where you were before.
This principle is in conflict with gender reassignment. The patient was not a woman before and is not now even after the penis is removed. To give this person a boob job would allow them to profit from the insurance.
photo
HUFFPOST SUPER USER
Nickolette Sanello
12:38 PM on 06/01/2010
Unless you have had cancer or are maimed in someway through no fault of your own I don't believe the govt. or insurance co's should have to pay for this procedure. If some hollywood actress wants bigger boobs to enhance her career than she should pay for it! Afterall they write them off come tax time! I'm a strong supporter of the vanity tax to raise money for our slowly bankrupting country. Boobs, nose jobs,liposuction etc. tax the hell out of it!!! If god doesn't give it to you at birth you probably don't need it!
02:21 PM on 06/01/2010
No more than insurance - or taxpayer funded healthcare - should pay for ED drugs, breast enlargement, fertility treatments or other medications/procedures which are entirely optional and not related to the life/death health of any individual. No one died from a lack of an erection, small breats or the inability to conceive.
10:43 AM on 06/01/2010
The 3 scenarios described (GID - trying to get a body the reflects the inner gender identity, post mastectomy/trauma reconstruction, and I want bigger boobs) are very different in source and need to considered separately. Obviously, the latter, is strictly an option based on perceived attractiveness and, like many forms of strictly cosmetic surgery, is paid for by the individual (to reduce the demand, why not change the American beauty standard of what the ideal breast size is).
Breast reconstruction following mastectomy or trauma, is and should be part of the total treatment plan and included in the payment schedule.
GID, because there is no way to 'measure' what one's gender identity is and because so many, including medical professionals, are uncomfortable with sexuality or gender issues, gets tossed into the opinion grinder. In the current system, physical gender reassignment occurs only after intense and repeated evaluations over a prolonged period of time to assure appropriate treatment. Unresolved GID can result in depression, suicide, substance, etc.. Whereas there is no way to prevent GID or to correct the gender mismatch without surgery, diabetes, HTN, obesity, heart disease can be prevented and/or treated without significant medical involvement.
photo
SF TKF
Cthulhu thinks you'd make a nice sandwich.
10:27 AM on 06/01/2010
Here in the States my best friend’s mother was told nipples are "cosmetic". Breast reconstruction after having a breast removed due to cancer is covered . . .but no nipple is included in that reconstruction. The nipple is extra.
09:27 AM on 06/01/2010
Nothing to see here, there is no slippery slope. Basic medical care couldn't possibly morph into anything unrecognizable by the reasonable. Don't worry about the healthcare bill becoming a source of ridicule as we pay for breast replacements but not life saving procedures.
02:04 AM on 06/01/2010
It seems to me that any "treatment" that involves practicing major surgery on the perfectly healthy tissue is fundamentally wrongheaded. I can see performing cosmetic surgery on people who are deformed, but castrating a man and sticking fake boobs in his chest, then bombarding him with hormones, ought to be considered malpractice. Just because somebody wants a doctor to cut hem up does not mean doctors should do so.

I feel the same way about breast implants for women.
photo
HUFFPOST SUPER USER
Zoe Brain
Girl Rocket Scientist
02:24 AM on 06/01/2010
So you'd personally be fine if you had the genitalia of the opposite sex. Or none at all, as long as you were in good health.
That happens, by the way. Vaginal dysgenesis for example is one of the more common Intersex conditions.

They don't castrate men, by the way. Not as adults, though castrating intersexed boys before age 2 to make them somatically female is common. When they grow up, if they object to that, they're deemed "mentally ill" for not accepting their assigned gender. They make up about 10% of the apparently transsexual population.

Men are not castrated - but women who want to have male gonads - often dysfunctional ones - removed are able to have that treatment.
11:32 PM on 05/31/2010
WTF!
11:18 PM on 05/31/2010
While the rest of us ordinary folk go without health insurance in this country for real sicknesses (pitiful, abhorrant...you know, things like kidney problems, cancer, high blood pressure, and diabetes), I don't particularly care about other women's/men's concerns about their breast sizes or their fears. Sorry.
photo
HUFFPOST SUPER USER
Zoe Brain
Girl Rocket Scientist
02:26 AM on 06/01/2010
There's a practical argument: by making trans women look more normal, it reduces the incidence of skull fractures, burns, amputations, facial reconstructions etc needed after they get assaulted. In the NHS, it may even save them money.
photo
HUFFPOST SUPER USER
bknott
My Micro-bio is "empty".
11:59 AM on 06/01/2010
You're calling that a "practical" argument?

We're going to save money making them as womenly-looking as possible, because if they walk out of the hospital looking masculine, they might be back soon with a skull fracture or amputated limb? And the chance of that happening would take precedence over funding for cancer screenings and asthma treatment?

There's a limited amount of funding, so if you use it somewhere, it's going to affect another area. Most of us sympathize with trans-genders, but we're not idiots.
02:13 PM on 06/01/2010
What about making biologically-legit women who are unattractive look more normal? Ugly women are subject to all manner of abuse, physical and psychological. It's worse for women who have mannish features, through no fault of their own. Is unattractiveness a handicap? A medical condition requiring surgical intervention? Where do we draw the line?

I support the provision of mental health treatment for these people but as for SRS, since it does not equate to a life or death proposition for the patient, it should be paid for out of the recipient's pocket.
03:22 AM on 06/01/2010
Wow. Just because you don't deem these 'real' illnesses, does not make them invisible. The brain is just as breakable as the arm. Over time, if an illness is not treated then there is the possibility of a 'Pandora's Box'. Gender Identity Disorder is real--and it can ruin lives if not dealt with. Really, as an exercise, for a couple of minutes imagine you were in the wrong sex (body)--imagine you are a woman but in the body of an athletic male, say with a runner's body--imagine that you feel this way from childhood on up through school and that 'feeling' only grows. You know what the feelings are but can't escape them. Imagine what a hell that must be--what torture that must be when you start puberty and how confusing it is when you are attracted to whatever sex--'am I gay?, am I straight?' This mental torture is just as real and life altering as cancer, kidney problems, high blood pressure, etc.
07:49 PM on 05/31/2010
I don't think there are any easy answers here...

The problem with funding cosmetic/plastic/non-life saving surgery for mental health problems is where do we draw the line? What about body dismorphic disorder? Anorexia/Bulimia/Binge Eating Disorder? There are always going to be people who would be happier, healthier, and more successful in life if they could change something about themselves that makes them miserable. Having small breasts is a part of womanhood for half the population. It certainly doesn't make you any less of a woman, although it may make you less confident and satisfied with your body.

GID is a complicated problem that psychologists still don't full understand and struggle with. It may not even appear in the newer version of the DSM. Many transsexuals resent being told they are sick or have a disorder for what they feel is natural. So what happens then?
photo
HUFFPOST SUPER USER
bleubunny
Technically, we were beyond survival.
10:21 PM on 05/31/2010
When people are dying from treatable conditions I would think this would be a non-issue.
HUFFPOST SUPER USER
AngelaQuattrano
I just like to write comments
12:34 AM on 06/01/2010
The issue is that it needs to be handled on a case-by-case basis. 34A is anything but "flat-chested". It is a normal size for a slender girl. If ethicists think it is cruel not to give big plastic boobs to women with normal, healthy breasts, then let's just throw in the towel. Michael Jackson thought he needed to a tiny nose. Would the NHS pay for a similar operation for a Briton who made the claim that he was suffering because his nose was larger than average but typical for a black man? There is no woman that "needs" size D cups. In fact, lots of transsexuals m2f develop normal size breasts during hormone treatments.
HUFFPOST SUPER USER
Redlion62
Cable, Telephony, HSI Specialist
07:23 PM on 05/31/2010
Some comments on this article seem to think the situations contained therein took place in The USA. The author is talking about The British Health Care System. There are no gender re-assignment provisions in the U.S. health care bill. The main point is do women or trans-gendered have a right to breasts? I say no. While many women and TGs think they need large breasts to be accepted or fix their self image needs; it is a fact that most women do not have large breasts. Not all men like large breasts. With the exception of breast removal from a mastectomy there shouldn't be any public or insurance funding of any kind for breast augmentation. If you were not born with large breasts it is simply a personal want to have them and not a life threatening problem to not have them.
photo
abbienormal
What hump?
10:25 PM on 05/31/2010
This is actually a big issue in Massachusetts where a convicted murderer is receiving taxpayer funded gender reassignment surgery paid for my state taxpayers.

It is a tricky issue at best.
photo
HUFFPOST SUPER USER
Bonaboman
07:06 PM on 05/31/2010
I have a very small penis. All my life whenever a woman sees it, erect or not, they point and laugh. This has caused undue suffering and significant decreases in self-esteem. My LD Syndrome is well documented in many other men. Will the new health care plan have the government pay for an enhancement?
This user has chosen to opt out of the Badges program
photo
07:42 PM on 05/31/2010
I had to get a reduction because of the obvious problems. The surgery has changed my life. I wish the gov't would have helped me pay for the procedure, but I'm glad I got it done.
photo
Alwayspissedoffatsomeone
Fighting for Common Sense
11:45 PM on 05/31/2010
Folks....you can't make this stuff up. I'm sure Obarrycare and the public at large will foot the bill for your lackings and be more than happy to throw billions at anyone that can't get through the day as just plain ordinary. Nothing I wish more than paying for billy's breast enhancement and julie's metamorphasis into a Boston Red Sox shortstop. Yes, I am being sarcastic, for those of you at Berkley.
The emphasis on real life necessities is currently nonexistant, gone.
photo
HUFFPOST SUPER USER
bknott
My Micro-bio is "empty".
12:03 PM on 06/01/2010
At Berkeley, you might have been taught punctuation, spelling and grammar.
06:33 PM on 05/31/2010
I have Pale Skin Disorder and need to be flown to Hawaii one week a month and housed on a nice beach so I can get my skin tanned to the point where it doesn't embarras me to go out in public.

Seriously, as worthwhile as this may be (the article, not my trips to Hawaii), we are broke and we need to do some kind of triage here. People are dying of preventable causes. When they are all taken care of, then we should move down to the next levesl and see what kind of help we can give.
photo
HUFFPOST SUPER USER
Thor Larson
06:22 PM on 05/31/2010
OMG... do we have to pay for EVERYTHING? Obamacare... spreading the wealth around... one boob at a time.
12:13 AM on 06/01/2010
Uh.... That's two boobs at a time lest you be called a boobist here!
photo
HUFFPOST COMMUNITY MODERATOR
MIvoter1231
I rarely answer replies, too many are just hateful
10:10 AM on 06/01/2010
OMG...This is in ENGLAND?!!!