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Court rules in favor of women who refused to wax male genitalia of trans woman

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Jessica Yaniv. (Photo:{ }Justice Centre for Constitutional Freedoms)

A Canadian human rights tribunal has ruled in favor of five home-based female estheticians who refused to wax the male genitalia of a person who identifies as a woman, according to the Justice Centre for Constitutional Freedoms (JCCF).

The female estheticians, who come from diverse ethnic backgrounds, offered waxing services such as "Brazilians," but only to female clients.

The women said they are not trained to wax male genitalia, which could cause serious injury to the customer, as well as citing religious reasons and the fact they should not be forced to touch genitals they don't want to.

The British Columbia Human Rights Tribunal made the ruling, saying, in part:

Human rights legislation does not require a service provider to wax a type of genitals they are not trained for and have not consented to wax.

The complaint against the women was brought by Jessica Yaniv, who was born male, and still has male genitalia, but identifies as female, according to the JCCF.

Yaniv's complaint claims her request to have her genitalia waxed was refused by the five estheticians because they were discriminating against Yaniv "based on gender identity and gender expression."

Yaniv filed various complaints against estheticians in the Vancouver area, causing one to go out of business as she was seeking as much as $15,000 in damages from each esthetician.

The human rights tribunal ruling was in favor of three of those estheticians, two of whom belong to the Sikh religion, which was cited as one reason why the estheticians should not wax male genitalia.

Jay Cameron, the Justice Centre’s Litigation Manager, and counsel for the estheticians said:

Self-identification does not erase physiological reality. Our clients do not offer the service requested. No woman should be compelled to touch male genitals against her will, irrespective of how the owner of the genitals identifies.

The tribunal also found that Yaniv “engaged in improper conduct”, “filed complaints for improper purposes”, and concluded Yaniv’s testimony was “disingenuous and self-serving.” Finally, noted the tribunal, Yaniv was “evasive and argumentative and contradicted herself” while giving evidence.

Yaniv also made public comments against immigrants claiming they used their religion so they could discriminate against trans people by refusing to wax male genitalia, no matter which gender the person identifies with.

The tribunal ordered Yaniv to pay$2,000 to each of the three estheticians represented.

You can read the entire court ruling if you're feeling up to it below. Fair warning, it's 61 pages long.



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