Gender Recognition: Our Absolutely Non-Negotiable Terms

I know I’ve talked about Gender Recognition before. And I know I’ve promised to write about my research that recently shows that I, along with hundreds of other UK based adults, essentially CANNOT GET MARRIED but I’m still dealing with my own emotional response to being told I either have to be okay with being misgendered at my wedding, misgendered on my civil partnership certificate, elope to Scotland or… well, or get my gender recognised at both considerable financial cost and by submitting myself to bureaucratic torture. And allow my name to be added to a secret government list of trans people. Just so I can safely and legally get married to the person I want to marry. Read this by D H Kelly  or any of my many previous posts on the topic to get an idea of how difficult and expensive and transphobic the current system is. There’s apparently going to be a consultation “in the Autumn” so now seems like a good time to write down our lines in the sand – those things that are absolutely necessary and not negotiable.

For any Gender Recognition system to work at all it must be:

  • Available to all ages, including children.
  • Available to all people, including those who are not citizens
  • Free or extremely low cost
  • Available for every gender and none
  • Possibility of having more than one gender legally recognised as the genders of one person
  • Possible to change over and over again with no limits on how many times or how often
  • Based entirely on self-definition with no medical opinions, no length-of-time-you-must-be-out first and no panel with the ability to refuse to recognise someone’s gender
  • Everyone who has a gender recognition application currently waiting to be seen by the Gender Recognition Panel should be approved for gender recognition right away, before the new self-definition method starts – they’ve waited long enough
  • No veto power given to spouses, parents or anyone other than the individual whose gender needs to be updated
  • No records kept of who updated their gender and when.
  • The destruction of the current Gender Recognition Register and apologies (and compensation) to those whose information was stored in it
  • Updated birth certificates available as quickly and simply as possible and at the same cost as obtaining a copy of any birth certificate
  • Immediate ability to marry in the updated gender (if adults otherwise able to marry)
  • Immediate ability to have updated marriage or civil partnership certificates, change from a marriage to a civil partnership or vice versa or update names and genders of parents on a child’s birth certificate
  • The minimum possible number of people and pieces of paper should be involved to update a gender. Ideally, one would be able to update your own gender by writing a letter to HMRC but I would also accept a deed poll like system (see below).
  • A legal assumption that a person’s gender is what they say it is regardless of what their paperwork says and paperwork only required for the tiny number of occasions when one’s gender is legally relevant

In the UK, we currently treat names very much like I wish we treated gender. Your name is whatever you say it is, you are assumed to be named whatever you say you are named, you can have more than one name and you can change it instantly and easily as often as you like. Where it is legally relevant exactly what your name is, you might need paperwork. Updating your paperwork name can be done instantly with one piece of paper and a witness or two. No courts, no fee, no solicitor required. Even changing the name of a child can be done without a court or a solicitor if everyone with parental responsibility agrees to the change. Although deed polls don’t change birth certificates, the mechanisms to change information recorded on birth certificates does exist – if your parents marry after you were born, even decades afterwards they can still re-register your birth to show them as married and change your birth name to their married name if that’s different from what your birth certificate says your name is. It’s not that the structures needed to update names and genders on birth certificates on request don’t exist – it’s really that the people behind some of the current laws on gender recognition and on marriage would really like to make it very difficult for trans people to legally exist as ourselves.

Other things I really, really want to happen but am not sure should be considered absolutely essential:

  • EVERY BIRTHING PARENT be given the option to be listed as “Parent”, “Mother” or “Father” on their child’s birth certificate (currently you have to be a “Mother” if you give birth, even if you are legally male). Same for the other parent.
  • Any adult of any gender(s) be legally able to marry any other non-related adult regardless of their gender(s). This would require significant changes to the Marriage (Same Sex Couples) Act which long time readers will know I advocated for *before that bill was passed*. Unfortunately, the Act doubles down on making marriage gendered and essentially created “ManWithWoman Marriage” and “Same Sex Couple Marriage” as two different, still separate institutions.
  • Phasing out recording sex at birth in the first place. This would really, really solve a lot of problems for everyone and one state or another is going to have to go first. If we stopped assigning people legal genders, we’d eventually no longer need to have structures in place to update those genders. People would have genders in the same way they currently have races and religions – by ticking boxes on the census and on equality monitoring forms without anyone telling them they’re wrong if one year they start to tick a different box.
  • No step between “Fill in this form” and “Get your records updated”. Currently you have to wait to receive your Gender Recognition Certificate and then use that to get a new birth certificate. That doesn’t seem at all necessary and has lead to a lot of orgs demanding (illegally) to see your GRC before they’ll update your gender records
  • Give all trans people the protection of privacy that GRCs are supposed to give to just some of us. If it’s against the law to out some of us as trans, it should be for all of us with or without a piece of paper
  • Honestly I wish they would fire every single person in the civil service who came up with the Spousal Veto
  • Updating your gender to no longer be considered grounds for divorce (and preferably for the UK to get “no fault” divorce already) or grounds for a celebrant to refuse to marry someone

Please think about how much the current system must suck if I can put some of this stuff into “Nice to have” instead of “absolutely essential”. Some of those could easily go into “Absolutely Essential” and that’s where some other people are going to want to put them. Other people are likely going to look at my list of “Absolutely Necessary and Non-Negotiable” and think “We’re never actually going to get all of that” and will demand the much less they feel we’re actually likely to get. If you are that way inclined, please don’t. Please don’t drop trans children’s or nonbinary trans people’s needs so that binary trans adults might get ours. Please don’t settle for a system that’s LESS traumatic rather than one that’s NOT traumatic or one where fewer people get a say on your gender but you still don’t get to assert it yourself.
We might not get the sort of system I’m asking for but if we don’t AIM to get a radical, self-definition only, updates to certificates etc on demand for everyone, no fucking secret list of trans people, all genders and all ages system then we will guarantee that we don’t get one. Aim for the best not what you think you can get away with. Please.

There’s a consultation coming up. We’re not sure when yet. When it does, please, please make all of these demands as clearly as you can. Our genders are ours and the government has no right to dictate them to us.

And I really think I’d like to get married without misgendering myself. Please, I need your help to make that even possible.

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Another Entry For My “DWP Diary”

Sometimes this blog of mine is just a diary of my interactions with the DWP. I’m even considering going back and tagging such entries “”DWP Diary” for ease of reference.

I got a letter this morning inviting me for a(nother) face-to-face assessment – or Work Capacity Assessment scheduled for three weeks from now. Already I am feeling powerless and scared. I’ve done this before and I know it’ll probably go my way but the potential consequences if it doesn’t are terrifying. If I were to somehow end up in the Work Related Activity group, the results could even be life-threatening. It’s a heck of a huge thing to have to try to keep from thinking about. I got the right award last time. I’ve only got more ill since then. I’ll be being backed up by my boyfriend and by letters showing that I got referred back into long term therapy *partly because my GP and therapist expect my mental health to plummet in response to being reassessed*. Yeah.

I suspect it will all be terrifying and awful and make me very ill… and get the right result because it’s pretty obvious what the result should be.
But nonetheless, the system is set up to put me through this torturous examination of every task I need help with and why and ask me these same questions every couple of years.. quite possibly for the rest of my life.

How can anyone think this is a good idea?

Be Yourself! But Not Like That!

A while ago, I tweeted something like this:

“Cis society: Be yourself!
Trans people: Yes, okay
Cis society: No, not like that!”
It’s been running through my head a lot since. I figured it deserves a blog post.

I see this as a sibling post to my often shared post about the pressure I feel as a bi person to “choose” to “be straight”… Because I feel a similar pressure to “choose” to be cis.

There is a very strong message that often comes from within trans communities as well as from cis society that says that being trans is so, so intrinsically awful that nobody would (or *should*) be trans if they could possibly avoid it. Indeed, many people spend months or years trying to convince themselves that they don’t want to transition when they actually do because of this very prevalent idea.

And just as with sexuality where most people will concede that some people can’t choose not to be gay, it’s understood that some people can’t be cis but it is frequently suggested that some people do have a choice – and that the “correct” choice is to be cis if at all possible.

I would be rich if I had a quid for every time someone tried to convince me that I should be able to live as a cis woman instead of as a trans man.
People told me (as if I somehow didn’t know) that women can dress in men’s clothes, that women can do and be anything men can, that it’s okay to be a lesbian, that it’s okay to be butch, that women can be androgynous and still be women… And I don’t disagree with any of these things! They just aren’t reasons why I should be someone I’m not.

I also frequently get told that I’d be “prettier” as a woman, that more men would be attracted to me if I lived as a woman, that more women would be attracted to me… And I don’t believe that. Authenticity is much more attractive than forced cisnormativity ever could be and even if it weren’t, I wasn’t born to be attractive I was born to be my best self.

The ways people have tried to convince me to stop being a man say a lot about why they think trans people transition. I’m not trying to become more attractive, I’m not looking at the clothes I want to wear and trying to make my identity “match” the side of the shop I find my clothes in. I don’t think that men are any better than women and I’m not trying to avoid homophobia. I know that women can be butch or androgynous – I’m not trying to escape one set of restrictive gender roles by fitting myself into another set.

I am, quite simply, trying to be myself.

While pretending to be a girl / woman made me deeply unhappy and caused me mental pain and anguish, that isn’t even really the reason I live as a man. I live as a man because THAT IS WHO I AM. There is no good reason why I should try to “be” anyone else but me.

Think about it, especially if you aren’t trans. Can you really imagine people telling you that who you are is wrong and you should be someone else instead? Imagine for a minute being told to act like someone else for the rest of your life and being told that the other made up, false “you” was actually more real than anything you thought or felt about who you are. Like going undercover or acting, say, but forever. It’d be doable, sure, but could you be happy? Could you be even satisfied with a lifetime of being someone else, even someone almost but not-quite like you? Or would the not-right-ness wear you down? Would the pressure of hiding anything that might blow your cover eat away at you? Would you be tempted to call it quits and just be yourself and hang the consequences?

I could, in theory at least, live as though I were a cis woman. But why on earth would I trade my integrity and authenticity for a thin veneer of cis privilege?

If you feel like you’re pretending to be someone else and you want to try being yourself, you don’t need to wait for the facade to be killing you to be “allowed” to drop it. Whether that’s a gender, a sexuality, a religion, a relationship, a career or something as simple as having a name that isn’t working for you, you don’t have to wait for things to feel completely intolerable to make a change. You deserve to be your self, with integrity and authenticity, right now.

I don’t need to earn the right to be myself or to suffer through every possible attempt to find a way to me kinda like myself but not trans before I can be the trans man that I am. No one should have to exhaust every other option before being who they are just because who they are is trans.

To expect otherwise (and many people do expect otherwise) is to insist that being cis or appearing to be cis is innately better than being trans. It’s not.

We all deserve to be ourselves. So don’t you dare tell me it’d be better if I was someone else instead.

Hanukkah, The Closet and the Assimilation Trap

It’s the fifth night of Hanukkah. My candles have burned themselves out and I’ve not yet started another DVD to aid my continued attempts at hiding from the ever-present Christmas that has taken over the supposedly multicultural country and definitely multicultural city in which I live. I worry from time to time that my friends might get the impression that I hate Christmas… I don’t. But the apparent compulsoriness and seeming inescapability of the celebration is hurting extra hard this year and I feel like I am drowning in Other-ness and alienation.

And so I thank God for Hanukkah and its timely message about what to do in the face of overt and covert pressure to conform and to be something I’m not: hold fast to who you are, to what you are and the truths you hold dearest. Yes, you’re different and that’s okay.
I take Hanukkah every year as a challenge to re-dedicate myself to living my truth as a bisexual, transgender, disabled Jewish man and insisting on being all those things at once no matter how many people tell me I can’t be. I accept the challenge to be who I am as openly as possible; refusing closets and refusing the false comfort of assimilation into the surrounding norms.

Hanukkah reminds me of the miracle of the Jewish people still existing after thousands of years and hundreds of attempts to stop us. And I think also of the miracle that is every LGBTQ person and community surviving and thriving despite the oppression we have and do face. The miracle of Autistic communities and people insisting that we do not have to pretend to be non-Autistic to be acceptable, Disabled communities and people insisting the world change to accommodate us rather than expecting us to change to fit into it. And this year especially I think of Muslim people and communities and of Black communities and People of Colour communities continuing to exist in a world that is increasingly hostile.

I light each flame and watch as they light up the darkness and are not consumed by it. I remember the times I have felt pressured to hide my “light”; times I have been pushed to be less visible, to stand out less, to be more like what surrounds me. I try to picture myself as a flame, burning bright amidst dark surroundings.

I have never “fit in”. Sometimes I have wanted to. Sometimes I have suffered for my inability to stop being “different” from others or Other than what I was expected to be.
Sometimes I have tried to blend in. Let people assume that I’m straight or let them assume that I’m gay. Deliberately suppressed my Autistic body language or desperately attempted to hide my difficulties with numbers and writing. Taken off my yarmulke when it would have been safe but uncomfortable to be recognised as Jewish. I spent years trying desperately to be a girl out of fear of the consequences of admitting that I’m a transgender man.

The message of Hanukkah, for me, right now, is this: Be yourself. Assimilation is a tempting option but don’t let it trick you into being someone you aren’t.

As I’ve explored frequently on this blog, not feeling like I could be openly who I am and trying to at least appear to be something else has caused massive mental harm to me and right this second this same harm is happening to thousands of people. Hanukkah reminds me that one way I can help bring about a world in which no one has to hide the truth of themself away for fear of the consequences of living openly is for me to insist, as much as I can, on living openly now in this imperfect world, letting my light shine to banish just a bit of the darkness.

For Gender Recognition For All People

I’ve tried to write this post dozens of times. Trying to explain why I, as someone who is broadly opposed to the entire concept of “legal gender”, spend so much time and effort trying to get the UK to recognise the genders of myself and my friends without first subjecting us to invasive and institutionally transphobic questioning. Why is this even important?

If no one were given a “legal gender” in the first place, I’d not want anyone to be given one. Since people are given gender assignments at birth and those are recorded and have legal consequences, I want them to be as easy to change or update as any other piece of information attached to an unwitting infant at birth is. It’s *assumed* that the name, race, ethnicity, religion, and, yes, gender ascribed to a newborn child will remain the same for most or all of that child’s life – yet these can and do change or are updated based on new information. All of these have important legal consequences (as do other ascribed “facts” such as the disability status and sexual orientation of a person) but updating your name, race, ethnicity or religion in government and non-government records is just as easy as updating your address – you don’t have to “prove” the accuracy of your new information to anyone, just tick a different box or write a new answer on a form and it’s done. You can update these things as frequently as you need to and you’re the sole arbiter of their accuracy. If you say you’re White British, Christian and called Jonte Abellard then you are. Yet if Jonte Abellard is trans, it doesn’t matter what gender he says he is – the government want to insist he’s whatever gender he was assigned as a baby unless he convinces a panel of government appointed strangers that he’s done enough to earn his gender.

And that’s the crux of the matter for me. Any system of gender recognition that automatically accepts genders handed to newborns as accurate until rigorously proven otherwise makes gender into something that people can’t be trusted to figure out for themselves. It takes autonomy away from people and gives this part of their identity away to others to determine for them. It takes the genders of cis people as well as trans people and makes them into something requiring an external opinion – your gender isn’t yours to determine in any place that treats gender as something that needs medical “proof” of any kind.

Your gender is yours. Mine is mine. Nobody else should get to decide it for us. Almost everywhere in the world, including the UK, you don’t have the final say on what your gender is – some combination of doctors and bureaucrats do. And that’s not okay and shouldn’t be acceptable, never mind normal.

There have been times and places where doctors and bureaucrats have been allowed to decide what race people were – with legal consequences such as who they can marry. There still are places where bureaucrats get to decide what religion people are – with legal consequences such as who they can marry. Here in the UK, I can’t marry *anyone* unless I either call myself a woman (which I’m not) or I get the UK government to agree that I am a man first (by subjecting myself to medical and bureaucratic scrutiny and consenting to be listed in a government list of the current and former identities of transgender people). By not only recording but also deciding these parts of people’s identities, states more or less assert ownership and control of people’s identities – controlling who you are allowed to be and who you are allowed to become.

The more difficult it is to change the identities we are handed as children, the more fixed and “natural” they appear. Making it difficult to assert an identity that we have claimed for ourselves while simultaneously making it easy to keep the identities ascribed to us by needless bureaucracy gives the bureaucratic identity a sheen of permanence that it has never earned. Even while I live 24 hours a day, 7 days a week, every day of the year as a man, with “he” pronouns, socially accepted by my peers as a man, my gender listed as Male on the census, my NHS records, my academic records, my benefits records… the government of the UK doesn’t see that as a reason to think I’m a man. I don’t get to be a man in their eyes until and unless I apply for a Gender Recognition Certificate and my application is successful. This effectively means that there is nothing I can do myself to change the “Female” gender assigned to me – even being a man doesn’t disqualify me in any way. Yet if I apply for a GRC, use of names or pronouns deemed not sufficiently masculine could prevent my male gender from being recognised. So could things like being pregnant or breastfeeding, not wanting surgeries, having a “feminine” job… any little thing that suggests that I might not aspire to cis male masculinity. Being a man apparently isn’t reason enough to alter the records to show I’m not a cis woman but any sign of woman-ish qualities could prevent me being recognised as a man. This is a hugely unjust double standard.

I write about gender recognition a lot and I don’t doubt that I’ll continue to do so. Until gender is recognised by self-definition alone, allowing everyone free and equal access to a simple process to change or update their gender information as often as they need to (whether that’s “never” or “a hundred times”) I’m going to keep insisting that we deserve better. Because we do.

Links to my previous posts on gender recognition:
Whose Gender Is It Anyway?
Write to your MP about Gender Recognition

Equal Marriage? Not Really

Words

When I look back on my childhood as a trans, queer, autistic, mentally ill and disabled little boy, I often see the things that were missing. The problem with hindsight, always, is that it can only occur late, very late or far, far too late.

What was overwhelmingly absent, what I desperately needed was WORDS. I lacked the words to articulate my trans, queer, disabled reality. And that makes me angry, even now. Because in many cases those words existed but were kept from me. In other cases, people like me are still working to cobble together words for who and how we are, in order to communicate in a language that wasn’t built with lives like ours in mind.

If you aren’t already nodding your head in familiarity and remembering the times when you couldn’t or can’t articulate who and how you are, then please try to imagine what it’s like. To exist in a world where there is no word you’ve ever heard of for you, where what you are or how you feel or how you experience the world is so unthinkable, so unimaginable, so (it seems) impossible that there are no words for it. You are unspeakable. You exist but… the never-ceasing feeling that maybe you ought not to, maybe what you are is never spoken about because it’s bad. Wrong. Not allowed. Not okay.
Nobody knows that you are how you are. You feel like you should tell someone… and at the same time that you definitely shouldn’t. You don’t have the words for it, anyway. Nobody seems to have the words. You can’t exist.. and yet somehow you do.

I have felt this way about being trans. I also felt this way about being bisexual. And having developmental disabilities. And experiencing mental illness as a child. Even as an adult, I am still not always sure that who I am is “allowed” or “okay”.
From my teens and into the present, I found myself tinkering with words to try to get a handle on who and how I am. To try to communicate it. To try to validate it.

Sometimes that means grasping tight onto existing words like “man” and “love” and “sex” and “independent” and forcefully insisting that my life can validly form part of the meaning of those words. My gender is man, love and sex are part of my relationships with my partners no matter what their gender, I am independent because I see that my own needs are met by ensuring the provision of carers and equipment.

Sometimes I need vocabulary I didn’t have before. Concepts like “trans and cis”, “neurodiversity”, “the social model of disability”, “intersectionality”, “heteronormativity”, “structural oppression”, “sensory overload”, “stims”, “meltdowns” “selective mutism”… become necessary to my continued understanding of myself, my life, the world and my place in it.

As a child, words to describe my own disability were few. Words to describe relationships and feelings other than heteronormative boy-meets-girl were even scarcer. Words to articulate mental distress were not available to me. Words to even begin to understand my gender as a trans little boy? I had none.
Lacking these words did not prevent me from experiencing myself as a disabled and autistic, proto-bisexual, transgender little boy in increasing mental distress.

All it did was make my life more frightening and unpredictable as things happened to me that I could not explain, I had feelings I did not know how to express and I did not know how to get any help or guidance from the adults in my life because I had no words to explain what was wrong.

I scoured fiction and nonfiction books and TV shows for validation, looking for someone, anyone, who was “like me”. I found the occasional gay person or mention of the possibility of same sex relationships. I found a few fictional characters whose mental distress echoed my own (though they never had anything that was canonically acknowledged as mental illness). The fictional wizards, demi-gods, cyborgs, mutants, faeries, changelings, aliens, rebels and rejects of my childhood reading felt more like me than anyone real I ever saw on TV or heard about in school. Erasure of trans and bisexual realities left me feeling alone and alienated. The sparsity of realistic representations of autistic people kept me feeling broken and unreal. I’m scared of over-stating this but also when I look back at my teenage years I mainly see a child who didn’t know how to be because he lacked the words to express himself and no way of knowing that being someone like him (like me) was an okay thing to be.

When adults won’t talk about same sex relationships or LGBQ people or trans people to and around children, this is what it does to LGBT children. When disability is a taboo topic and disabled people are rarely the heroes of their own stories, this is what it does to disabled children. When autism isn’t identified and autistic reality isn’t treated as valid, this is what it does to autistic children.

When children are living in a world of structural oppressions, some of which they are themselves facing, and the adults around them do not acknowledge that this is happening; this is what it does to those children.
Not telling children that LGBT and disabled people exist will not stop them from being LGB or trans or disabled. It will only make things harder for them if they are and harder for their LGBT and disabled peers if they aren’t.

This is a structural problem, built into what we teach in our schools, read in our books, watch on TV, who we hang out with and a million tiny-huge other things as well as what we each say (and don’t say) to the children in our lives. It can’t be fixed with a conversation here and there or a special book or Special Episode. But we have to try.

To be entirely clear:
This isn’t about my parents or my teachers (though it is a bit about Section 28). It’s about the society I grew up in and the resources that were and were not available to me as a child. If you’re reading this as a personal attack, I’m very sorry to have upset you but it really isn’t one. This blogpost describes what it was like to grow up trans and bisexual and disabled in 90s and 00s Britain. I hope it doesn’t describe growing up in 2010’s Britain as well.