1. The Government has launched a public consultation on the proposed changes to the gender Recognition Act 2004
The Gender Recognition Act was hard fought for, by Transsexuals, through the European Court of Human Rights. 2. The ECHR ruled on 11 July 2002, that a transsexual person's inability to change the gender on their birth certificate was a breach of their rights under Article 8 and Article 12 of the European Convention on Human Rights. Following this judgement, the UK Government had to introduce new legislation to comply.
Under the Gender Recognition Act, 3. GRA 2004, transsexual people who experience severe Gender Dysphoria, (Transexualism) and have, or had medical treatment for the condition, has lived in their acquired gender in the UK for at least 2 years and intends living in their acquired gender for the rest of their life, may apply to the Gender Recognition Panel (GRP) for a Gender Recognition Certificate (GRC). The GRC then entitles them to recognition of the gender stated on that certificate “for all purposes”.
The Government Consultation on the 3. GRA 2004
The Government says that following a recent survey of LGBT groups that the existing procedure of obtaining a new birth certificate is too expensive and burdensome. They say that the number of people who have successfully obtained a gender recognition certificate, is under 5,000, since the legislation came into effect is far fewer than the trans population in the UK, which is estimated to be between 200,000 and 500,000**. However, the Government is referring to the Transgendered community, which could be that many, whereas, the GRA was intended for Transsexuals, who probably number well under 10,000 in the UK. I believe the Government is confused and that they do not know the difference between transgender and transsexual.
** 4. Government Policy concerning Transsexual People 2002 Introduction (from the Government paper)
There are a small number of people in the United Kingdom - perhaps just a few thousand - who are not comfortable with their gender identity. Some may feel they have been born into the wrong body, whilst others come to feel that their gender identity has become incompatible with the gender registered at birth. Estimates vary, but perhaps one man in every 12,000 feels he is a woman. The proportion of women who feel they are men is smaller, but they too are convinced that their birth gender does not match their gender identity. They are transsexual people. About 6,000 (2001 census of about 59.000.000).
Difference between Transsexual and Transgendered.
I will explain! Trans or Transgender is the term that is now generally in use. This is an umbrella term covering the full spectrum, including transvestites, cross dressers, gender queers, drag queens, non-binary, gender fluid, Transsexuals, etc. Transgender is inaccurate as you cannot change your gender. I will explain later. Transsexualism is completely different. It is a birth defect that is caused at foetal stage in the womb. It can be looked on as a disability that cannot be seen. Some of the others can be a choice of lifestyle and for sexual gratification; many would not want to change their sex and many do not fit the Governments description; they do not feel that they were born in the wrong body. Unfortunately, transgendered is now commonly used even when they are actually referring to Transsexuals. Many transsexuals find that insulting and it is ignorance of the condition. Transsexuals should not even be included under the transgender umbrella.
Theresa May says: “I want to see a process that is more streamlined and de-medicalised - because being trans should never be treated as an illness.”
Being Transsexual has not been treated as an illness since 2002. “In December 2002, the British Lord Chancellor's office published a Government Policy Concerning Transsexual People document that categorically states, "What transsexualism is not ...
It is not a mental illness”.
Transsexualism is not transvestism or cross-dressing for sexual thrill, psychological comfort or compulsion.
It is not an orientation towards people of the same sex.
It has nothing to do with drag queens.
Transsexual people do not choose their gender identity. Transsexualism is an overpowering sense of different gender identity rather than any sexual orientation: transsexual people may be heterosexual, gay/lesbian or celibate.
It is not a mental illness. It is a condition considered in itself to be free of other pathology (though transsexual people can suffer depression or illnesses like anyone else).
So what is ‘sex’ and ‘gender’? Sex and Gender are two important and different concepts that are frequently confused. Some think that they are the same but they are not.
Sex refers to someone's physical sex, in other words, the genitals they were born with. The visual, sexual identity.
Gender is rather more subtle, and refers to the person's own self-identity as a male or female. Your gender comes from your brain.
Your birth sex identifies you as male whereas your self identity tells you that you are female, or vice versa.
'Trans-' is a Latin prefix that means 'across,' 'through,' or 'beyond.' By the use of hormones and surgery you can move across or change sex, hence transsexual, you cannot change your gender (Psychiatrists tried this for years, using ECT Electro Convulsive Therapy, with no success) so transgender is inaccurate and only useful as an umbrella term.
The Government goes on to say: A culture change is needed to reduce the “discrimination and bigotry” that the trans community faces, she said. “In response to our national LGBT survey, trans people have told us that the current system to legally change their gender isn’t working and they find the process bureaucratic, costly and intrusive. One way to simplify things for trans men and women would be to allow individuals to self-declare the gender in which they choose to live, without the need for medical evidence or proof. There will be no change to the NHS medical pathways for transsexual people. The GRA 2004 was fought for by and intended for Transsexuals who had or were transitioning and had medical treatment/ support, collected all the evidence they need so the procedure of obtaining a GRC and new birth certificate would not be too burdensome and if you are on benefits the fee could be waived.
Allowing the whole of the transgendered community to self-declare the gender in which they choose to live, without the need for medical evidence or proof would not reduce the “discrimination and bigotry” but likely increase it. Just because you have given a man a piece of paper to say that he is a woman, without medical intervention he will still appear as a man in a dress. How will that reduce the “discrimination and bigotry”?
The Government proposals are ill judged and have serious implications and are flawed. Once they have been awarded their GRC it entitles them to recognition of the gender stated on that certificate “for all purposes”. There are potential implications for women and girls of sharing single-sex spaces; from domestic violence refuges and female prisons to swimming pool and other changing rooms; with male-bodied people, and the risk of predatory non-trans men finding a way to abuse such access to reach vulnerable women. Working in a woman’s refuge, where women are escaping an abusive relationship, being faced by someone who appears to be a man in a dress?
There has already been serious sexual assaults in a Women’s Prisons: Karen White, formerly known as David Thompson and Stephen Wood was a known rapist and paedophile, told the authorities she now identified as a transgender woman and wanted to be sent to a women’s prison, HMP New Hall, near Wakefield. Remarkably, even though her full offending record was available to them, her male body was fully intact and she had undergone no physical transition or legal change of gender, they agreed. Within days of arrival at New Hall, White sexually attacked female inmates, committing four such assaults before being moved to a men’s jail. The whole saga recently became public, when White pleaded guilty to the last of the rape charges.
Prison governors say that there is a risk to women’s safety if transgender sex offenders held in men’s prisons are transferred to female jails. Andrea Albutt, president of the Prison Governors Association, told The Mail on Sunday: “I have seen women feeling very threatened by transgender prisoners’ presence. Women prisoners are very vulnerable.". . . To put men who declare they are women into women’s prisons. A governor who wished to remain anonymous condemned Theresa May's 2017 bid to make it easier to change gender.
The official said making it easier to "self-identify" as a different gender could make it "harder to control the amount of transgender convicts born-male who are transferred to women's prisons".
Of the 125 trans prisoners in English and Welsh jails, 60 are sex offenders, including 27 rapists and five attempted rapists. The MoJ refuses to reveal how many trans women sex offenders have been moved to women’s jails, but media reports suggest at least six have.
The National Crime Agency now estimate that there are 80,000 people in the UK who present some kind of sexual threat to children online, be they image purveyors, users or groomers. What about these and what threat do they pose if they take advantage of this change in the GRA?
As we have already seen that the Government of 2002 had shown that they were understanding Transsexualism and published a paper ‘Government Policy concerning Transsexual People 2002’ where the British Lord Chancellor's office, of the day, published a document that categorically states, "What transsexualism is not ... It is not a mental illness”.
Has the current Government decided that the Government of the day were wrong and that they and the LGBT are now right? Before making any changes to the GRA, the Government should ensure that they know what they are talking about. I believe that the Government are being driven by the LGBT, a minority group with a loud voice. My experience in past talks with them, they have little understanding of Transsexualism. Like most they think that we are all the same.
How can it be de-medicalise? If you are really a true Transsexual you will need help from the medical profession for confirmation of the condition and for prescribing your cross sex hormones, surgery, support from your GP, etc. Your GRC would follow this. Transsexualism is not an illness but a condition of birth. However, it does cause conditions that should be treated as a mental illness! Transsexuals are at increased risk of stress, isolation, anxiety, depression, self harm, drug/ drink abuse, poor self-esteem and suicide.
Transsexuals have to unlearn how they have had to live all their lives and learn to live in a totally new role, in a very short time and at the same time change their whole bodies, physically, mentally, morally and emotionally by intrusive surgeries and high doses of cross sex hormones. Can you imagine the enormity of this? We need to do this irrespective of the GRA.
The Act was intended for those that had changed their sex because they needed to be physically female or male not just dress as that sex. The Act is not perfect but when you receive your certificate, so worthwhile. The Governments proposals devalue it. What next, print your own?
If some of the transgendered community want to take advantage of the privilege of being a holder of a GRC and get their birth certificate changed then they should be willing to face the ‘so called’ burden as Transsexuals do. The Birth Certificate is far too important to treat so lightly, as the Government is proposing.
Who is going to police it, to avoid fallacious claims and ensure that they have and are living in their new ‘gender’? At the moment the Gender Recognition Panel, police this by the documentation that the act requires. Nick de Bois, a Conservative MP on parliament’s justice committee, commented: “Self-certification is at risk of abuse… He was referring to the Prison Service but the same applies generally.
The newly re-issued birth certificate will be inaccurate and probably fraudulent: The certificate states the ‘sex’ girl, boy, male, female. Whereas, if they have not had any medical intervention then their birth sex will not have changed.
These proposals are wrong and potentially dangerous to vulnerable women and girls. Of the 125 trans prisoners in English and Welsh jails, 60 are sex offenders, including 27 rapists and five attempted rapists. Doesn’t this say something? It also minimises the serious and life threatening condition of Transsexualism for whom the act was intended. The Act does need some changes, you should have the right of appeal and the Spousal Veto should be removed, otherwise it is OK as it stands.
While I have the floor, the MHU could do much more to help Transsexuals. It takes ages to get an appointment and after they have given you their assessment put you back into the care of your GP. This is not good enough. By the time you ask for help your depression has reached the stage where help is imperative. Counselling should be offered but does not happen. You could wait a further 18 months before the NHS Gender Clinic sees you. Is it no wonder that Transsexuals have a suicide or attempted suicide rate of 25%? That is probably the highest suicide rate of any minority group! The national average is about 1.6%.
Finally, while I disagree with ‘Self declaration’ for obtaining a Gender recognition certificate, the Gender Diverse are becoming more apparent within organisations and society and we have to be able to accept them and afford them equal rights. We are a diverse Country and at least 1 in every 120 of the population is Gender Diverse. Against that 1 in every 10,000 of the population is a true transsexual.
Michelle Dibble MASC FASC CCCreg.
Further reading and information on the Government Documents, Policies and Acts.
1. The Government is seeking our views on how best to reform the Gender Recognition Act
https://www.gov.uk/government/consultations/reform-of-the-gender-recognition-act-2004
This consultation closes at 11pm on 19 October 2018
2. The ECHR ruling: The ECHR ruled on 11 July 2002, in Goodwin v United Kingdom [2002], that a transsexual person's inability to change the gender on their birth certificate was a breach of their rights under Article 8 and Article 12 of the European Convention on Human Rights.
https://www.unionedirittiumani.it/wp-content/uploads/2012/07/CASE-OF-CHRISTINE-GOODWIN-v.-THE-UNITED-KINGDOM.pdf
3. The GRA 2004: http://www.legislation.gov.uk/ukpga/2004/7/contents
This legislation provides a mechanism to allow transsexual people to obtain recognition for all legal purposes to their preferred gender role.
4. Government Policy concerning Transsexual People 2002
Archived on 17 Jan 2009
http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/constitution/transsex/policy.htm
