Judges Reject Sex Change Request

A 23-year-old yesterday lost his bid to get the city to pay for his sex-change operation.

The young adult, identified in court papers as Brian L., was under the care of the city's Administration for Children's Services until his 21st birthday. His request for the operation dates back to when the city was administering his medical care.

Although a Family Court judge in Manhattan, Sheldon Rand, had ordered the city to pay for the sex-reassignment surgery, a panel of judges on a mid-level appellate court yesterday threw out the order, saying Family Court lacked the authority to order the city agency to provide a surgical procedure.

Brian, who goes by Mariah, told the New York Post last year that he had been taking hormones to assist his development as a woman since the age of 15 and did not identify as a boy, even as a young child.

"I didn't know I was a boy," Brian told the paper. "It was a rude awakening. I thought you could choose your gender."

The Post estimated the cost of the surgery at between $15,000 and $20,000.

Brian's court motion requesting the operation had the support of a psychologist, psychotherapist, and two medical doctors. One of the doctors diagnosed Brian with anxiety, emotional and behavioral problems, and borderline personality disorder, the decision said.

Brian's request for surgery was opposed by ACS.

The court did leave open the possibility that Brian could sue the city under the theory that its denial of the surgery was arbitrary and without reason.