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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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.

We’re here, We’re Trans, Expect Us

Dear cis people,

Please start to expect us. Please actively expect that sooner or later you’re going to meet someone who is trans and you need to know the basics of trans etiquette before you do. That’s what I most need from you. Expect there to be people like me in your life.
This goes double if you work in a job that involves meeting people. If you work in a hospital, a school, college or Uni, if you work in social care, if you answer helplines, if you see people and talk to them as part of your job: Expect trans clients, customers and co-workers. Learn how to respectfully address people no matter what their gender and no matter how that gender relates to the one they were originally assigned.

You don’t need to understand why some people are trans. You don’t need to know the medical processes that some trans people might make use of in their transition. You don’t even need to know which people in your life are trans and which aren’t. Just please know that you are going to meet trans people and it’s your responsibility to be prepared.

You need to learn some basic trans terminology like “gender assigned at birth”. You need to make sure you know what “trans man” means, what “trans woman” means and what “nonbinary person” means. You need to know that some words used to refer to trans people are transphobic slurs and not to use them (Hint: if mainstream porn uses a word to describe a trans person, that word is probably a slur). You need to know that “trans”, “transgender” and “transsexual” are adjectives and never nouns. You need to learn and use the word “cis” or “cisgender” to describe people who are not trans. You need to already know that “You look just like a real man!” is almost never taken as a compliment.

You need to expect us. And not to expect us to educate you about trans people. It’s your responsibility as a human being to try your best to treat other human beings with care and respect. So once you know to expect that there will be trans people in your life, the responsibility to make sure you know how to treat us with care and respect is obvious.

I know it sounds like I’m asking a lot but I’m really not. The resources are out there. Ask in the comments if you need some links.

It all boils down to some very simple things you need to make sure you know:

  • There are trans people and there are cis people. It doesn’t matter why but there are.
  • Trans people’s genders are just as valid as cis people’s genders.
  • Everyone deserves to be treated with respect and care.
  • Treating people with respect and care involves acknowledging the validity of their genders by referring to them with the names, pronouns and gendered words they would want to be used for them.
  • Appearance, genitals, internal organs etc do not decide people’s genders for them. People are who and what they say they are.
  • You won’t always know if someone is trans or cis and this is okay.
  • If you need to know things about a person’s genitals, medical history or trans status, be polite, kind and sensitive in how you ask and make sure you actually do *need* to know.
  • Trans people aren’t obliged to educate you or to do so nicely. If you need to ask a trans person something about trans terminology or etiquette, be polite, kind and sensitive and make sure you are clear that they do not have to answer you. It is not their fault (or the fault of trans people generally) that you don’t know. It is not their responsibility (or that of trans people generally) to educate you. No one is born knowing this and everyone has to learn it. It is the fault of society as a whole that you don’t know this stuff – and part of changing our society into one where people are taught to show respect and kindness to all people is for you to do your best to learn this and to pass it on to others.

I know it feels much, much easier to just wait until you’ve got an out trans person in front of you and ask questions then and apologise when they wince at how you phrased something or be shocked when they tell you to fuck off. I know that seems easier. But please imagine for a minute what it is like to be regularly expected to explain your gender and how to respectfully treat you to almost every doctor, teacher, social worker, carer, nurse, bank clerk, pharmacist, new friend, new partner, class mate, cleric, lawyer, MP…etc… that you meet. And to smile and be nice about it and never show that you resent having to do this over and over again because so many people didn’t spend a few minutes online finding this out for themselves. I can explain what a trans man is and what it means that I am one in under a minute *because of the sheer frequency that I’ve had to do it*.

Help make this into a world where I and others like me will not have to constantly explain ourselves as an entry price for being treated like human beings.

Please educate yourself. Because you expect us.