Lydia Foy:

Given that “Lydia” is to be foregrounded as an inspiring “woman” on “We all Hate Women Day”. Let us take a look at Lydia.

I have had the court transcripts about Foy for some time but seeing him being lauded and invited to give a talk for the laughable #InternationalWomen’s Day, it seemed timely to have a look at this “trans-identified” man who had quite the influence in the Irish context.

You can read the court transcript here.

Foy v. An t-Ard Chlaraitheoir & Ors [2002] IEHC 116 (9 July 2002)

Born Donal Foy he is a heterosexual man who married and fathered two children. He was born in 1947 but by 1991 he decided that he was really a woman discarding / losing his family along the way. As usual in these cases we do not have the testimony of his wife and children so, we have no way of his case was preceded by a history of transvestism, in the marriage, which is the norm for heterosexual men. By 1997 he was engaged in legal action and sought to have his birth certificate changed to state that he had been mis-sexed owing to a congenital abnormality.

What Foy was demanding was that this birth certificate be falsified to indicate he had always been Lydia and he wanted both his name and sex amending. Despite having married he claimed that the refusal to grant him this change was an infringement of his human rights, including to marry! This was peculiar because he had every right to marry and had already do so and, if he had now determined to marry a man, that was not then legal in Ireland. .

Because this claim had a bearing on the status of his children they were attached to the case and afforded legal aid; his wife, though a witness, was not afforded any legal representation. The judge said this was regrettable as clearly the case had a bearing on her situation as well.

The judge admits to knowing little on the topic but does make the bold claim that the condition had nothing to do with sexual gratification.

He was one of seven children all boys, bar one sister. He claims that he always knew he was meant to be a girl and describes his attraction to his sisters clothes. Men with autogynephilia (AGP: sexual attraction to oneself, as a woman) often have these retconned narratives so they should be taken with a pinch of salt, in the main, especially when the claim is childhood onset. Fetishising female clothing is a familiar hallmark of an AGP male.

The judge shows some skepticism about some of the narrative presented in court.

He attended a boys school were he claims he with either bullied for the presumption he was gay or, he claims, treated like a girl in recognition of his “femininity”. It was there, he claimed, that he began to furtively cross dress. Proceeding to University, to study dentistry, he discovered the story of Jan Morris, another late transitioning, heterosexual male. I covered Jan in this series.

JAN MORRIS: A Conundrum

Despite his inner turmoil Foy was to marry in 1997 and there is no testimony about whether he continued to cross dress. Two children were born and Dr Foy spent two years working in Saudi Arabia, with visits home. By 1981, shortly into the marriage, he claims that the internal conflict intensified and he became depressed. By 1989 Dr Foy simply informed his wife he was taking female hormones and refused to discuss it with her.

A joint appointment followed and Soon led to the breakdown of the marriage and Dr Foy vacating the family home.

There followed further legal steps and after initially being granted access to the children Foy was barred from access, his wife was granted sole custody, and the property was signed over to Mrs Foy. The applicant remains aggrieved at this outcome. If I find these judicial orders I will cover them. It would be interesting to know what events led the courts to take these steps.

The Judge, in an understated way, recites some brief testimony, from Mrs Foy, about their marriage and notes that he found Mrs Foy a more credible witness and lacked traits which would call into question her evidence. It is not known whether he found the reverse to be true about Dr Foy.

A key part of her testimony fits with a diagnosis of autogynephilia. He was very “masculine” in his pursuits and behaviours.

Then comes the confession.

There follows a long section about sexual differentiation and disorders of sexual development which needn’t detain us. The judge may be a proponent of #LadyBrain dictating “feminine” behaviour however I can forgive him for his astute references to autogynephilia and fetishistic cross-dressing.

The next section goes into quite a lot of detail about diagnosis; how distressing the condition is; the risk of suicide etc. Foy was referred to Ireland’s expert on the condition but that relationship appears to have broken down because Foy wanted him to intervene in respect of visitation to his children, to which the Dr refused.

There is a long section dedicated to Foy’s determination to obtain surger and inability to sustain relationships with clinicians and confusion of how he obtained the surgery referral when he did not appear to have followed the necessary treatment protocols. This aside, the Judge, seems genuinely motivated to send a warning bell about a failure to rigorously assess patients. One of the people who appears to have failed is Dr Russell Reid who would be sanctioned for this failure in a separate case. I wrote about this here:

Dr Russell Reid: Part One

We then meet Professor Gooren who introduces the idea that we all have a psychological sex. The innate “gender identity” of its day.

A further expert was called to attest to the fact that Dr Foy had no chromosomal abnormalities. In a later interview Foy appears to also have undergone an examination to ascertain whether he had a vagina. 😳 I did not know if this is a fantasy when I first watched the interview but it is confirmed in the court records.

There follows a lengthy section governing the law about registering births and links to relevant cases. The demand for a replacement birth certificate is rejected and the Judge noted the consequences for Foy’s children and wife were it to have succeeded.

I will return to Foy because there is another court case and lots of appearances and interviews. Here he is with President Biden.

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