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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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

Where Babies Come From: A Lesson For All Tories, Whether Blue, Yellow or Red

Contains: multiple references to sex, pregnancy, birth control,brief description of birth

I’m writing you all this lesson because you recently voted for, abstained on or were absent from a Bill that will limit Child Tax Credits to two children per family from 2017 and in doing so have shown that you clearly don’t understand how children happen.

Children are small people who are not yet adults. They require adults called “parents” (or guardians) to look after them, feed them, clothe them and love them until they reach adulthood. Adults are people over the age of 18, they are generally fully grown and somewhat capable of looking after themselves. As MPs, you are all adults, whether you can behave like adults or not. When people are very, very young, they are called “babies”. Babies rely on their parents for everything and cannot look after themselves even a little bit. Neither babies nor children can work and much time and money must be spent by the parents to ensure the survival and development of their children. Before you complain that all these non-working babies and children are clearly “scrounging” of their parents and the state, I must remind you that ALL adults were once babies and unless there are new babies there will be no adult workforce in the future. So even Tories like you should love babies and children because even if you can’t see the point of them now, they have the potential to grow up to be “hard-working tax-payers” and you love those.

Right, okay, here’s how babies happen: Adults have sex with each other.

If they don’t use birth control methods or those methods fail and one of the adults has a working uterus and another of those adults produces sperm, the adult with a uterus can become pregnant. Pregnancy is when a new baby begins growing inside a person’s uterus. The baby grows inside there for many months and is then pushed out of the person’s vagina or cut out of the person’s uterus by doctors. Once this has happened, the new baby has human rights, including a right to life. The person/people who take the baby home and name them and care for them and love them is/are the baby’s parent/s.

An arrangement of one or more adults living with one or more children and babies they love and care for is called a “family”. Usually, the family will contain at least one of the adults who had the sex that made the baby begin; sometimes it doesn’t. So: babies come from sex. I’m assuming you all know what sex is? It’s when adults play with each other’s genitals together because it feels good. Got it?

Sex is pleasureable, it’s fun and it’s free. Any collection of consenting adults can play, it’s cooperative, it can fill whole days or fit into a lunch break… It’s something that lots of people do in their spare time. (Spare time, in case you’re unfamiliar with the concept, is time not spent working, sleeping or travelling). People like sex. People are going to have sex – especially if they can’t afford other forms of leisure, like TV, cinema, sports, arts and crafts, tourist attractions, computer games, shopping, the internet, going to cafes and restaurants… When you’re poor, sex is one of the few pleasures that’s still affordable. And sex can make babies.

There are ways to have sex without making babies. And I believe completely that people are using them. But none are perfect. All take time to find and get hold of, many cost money. All require knowing where you can find accurate information on how to use them and where to go to get them for free or low costs. It’s no surprise that people sometimes end up with an unexpected pregnancy. Pregnancies tend to lead to babies.

And babies need love and care (which is free) and milk and clothes and bottles and cots and nappies and toys and prams (which cost money). Until the baby is 5, a parent will have to stay with the baby almost constantly and will thus not be able to work. If/when the parent does go into work, the baby will need to be left with childminders – who need to be paid. The baby needs what they need regardless of whether their parent has enough money saved to provide for those needs or not. This is why Child Tax Credits are paid to families in the first place – so that all babies and children have a decent quality of life, with their needs met, no matter who their parents are or how much money they saved, no matter whether someone had sex with the intention of causing them or they came about without anyone intending them.

Child tax credits were for every child regardless of how many siblings they had too. Because a first child and a third or fifth or twelfth all deserve the same dignity and the same shot at a half-decent life. They all equally deserve enough food to eat, clothes to wear, warm beds, school equipment and, YES, toys to play with and books to read. Because they all have human rights and not one of them asked to be born or played any part in bringing themselves about.

So, when I hear your “reasoning” for what is essentially a cap on two children per family is to “encourage responsible behaviour”, what I hear is: “We want to punish poor children for their parents having sex”.

Make no mistake, this doesn’t reward or encourage anyone, this cap is a punishment. And it punishes innocent children because some adults had sex – which is not itself illegal, immoral, harmful or wrong. So why punish anyone for it?

And why leave middle class and upper class people unpunished for the same actions you deem so irresponsible from people like me? While they won’t get the Tax Credits for their third and fourth children either, they will still be able to feed and clothe them even if not to the standard their first child enjoyed. No millionaire will be over-worried by an unexpected new member of the family while every poor family will be terrified of broken condoms and accidentally missed pills.

You might as well admit it. This was never about the money – children start paying tax from shortly after birth through parents and family buying things for them – this is about keeping us poors from having sex as often as you imagine we do. And it’s about keeping us thinking always about whether we are affordable, thinking of ourselves and our families as “burdens” on a state once designed to support us, a state that would grind to a halt without our labour and our purchases. A state that wants us thinking about our bank balances instead of enjoying ourselves while we have sex.

Who are we?

Below I will describe a group of people who are marginalised and live in Europe, America, Canada and Australia. Who are we?

We are part of a tradition stretching back centuries.
We can and do live in every part of the world.
We are sometimes considered to be a race or a nation yet we are of many races and have no particular leader, government or land.

We have no leader yet each of us is held responsible for the actions of others like us.
We are each made to explain over and over that we are peaceful and acts of violence committed in our names were wrong.

We suffer violence daily in the so-called “Western World”.
Our children hear racist taunts.
We are harassed by strangers in the streets.
Our religious clothing is openly mocked and derided.
We are attacked and even killed.
Our places of worship are frequently graffiti-ed and desecrated.
We are stereotyped, mocked or invisible on TV and in films.
Our symbols and art are appropriated.
We are pressured to conform to white christian national norms.
If we manage this, we are mocked. If we fail, we are still mocked.
We form communities of our own and are accused of not trying to integrate.
We try to integrate and find ourselves isolated.
We can feel the target on our backs whenever we are out of home.

People who even “look” like the racist stereotype of how we “look” face the same slurs, the same exclusion, the same violence.
We try not to “look” like ourselves.
We are told we are ugly.
We can never do enough to “fit in”. Our names, our clothes, our food, our bodies will betray us.
The target never quite disappears.

We make ourselves small.
We make ourselves quiet.
We try to be “moderate”.

We are told we “take over” spaces; we take too much space.
We are accused of having too much influence; we “control” too much.
And we are called radical even if all we ask is to live our lives in peace.

Our loyalties are always suspect.
We cannot claim loud enough to love the country we live in,
Sending money abroad is a sin if we do it.
If we cannot love this country, we are told repeatedly to “Go home” –
No matter how many generations it’s been since “home” meant anywhere else.

Who are we?

The answer isn’t: “Jews”
And it’s not “Muslims” either.

It’s “Muslims AND Jews”.

Islamophobia and Anti-semitism are two sides of one very racist coin.

And that constant feeling of being a target, being unwanted, being impermissible because we can’t or won’t live within white christian cultures? That pressure is hurting Muslims and Jews across Europe and I suspect across the US, Canada and Australia as well.

Write to YOUR MP about Gender Recognition

Here on YetAnotherLefty, I’ve written about the current state of gender recognition for trans people in the UK, it’s effects on Marriage and contrasts with other countries before. These posts have been widely shared as people came to learn, often for the first time, quite how awful, humiliating and blatantly transphobic the current set up is. People have contacted me to tell me how upset and angry this makes them as cis people and how terrified and overwhelmed they feel as trans people. After another case of someone apparently being denied recognition of her gender by the Gender Recognition Panel *because a magazine reported that she had got her wife pregnant within the last two years*, the messages I’ve been getting have changed from just “This is so wrong!” to “This is so wrong! WHAT CAN WE DO?”

Here is the start of my contribution towards doing something about this awful situation: A Guide for individuals and organisations on the how and why of writing to your MP to stop this awful situation continuing.

You read that right, I’m an anarchist asking you to write letters to MPs. It’s not the only tactic but I think for once it may be a useful place to start.

So: before we go any further, here is WHAT WE WANT
In quiet discussion with a large number of trans people and trans organisations, the following goals seem to be more or less agreed upon.

FIRST: The Gender Recognition Panel should be *immediately* instructed to APPROVE gender recognition for all those currently on its waiting list and to approve Gender Recognition for ALL SUBSEQUENT APPLICATIONS until…
SECOND: The Gender Recognition Panel is disbanded and replaced with a simple method of updating one’s gender based on self-definition rather than medical or social “evidence” of transition. A similar system to that already in place for updating one’s address or name or a single Statutory Declaration would be much preferable to the current system.

How to Write To An MP
1. Find your MP’s contact details here
2. Send a physical letter rather than an email if you can or email through something like Write To Them
3. Be polite! We want to get them onside so if you’re angry be angry but polite with it.
4. If you are going to publish a copy of your letter and/or their reply (such as on your blog) remember to say so in your letter.
5. If you have twitter / facebook / etc tell people when you have sent the letter.

Your letter should include:
– a brief description of the problem,
– how it affects / how it makes you feel and/or how it affects your MP’s constituents,
– what you want your MP in specific to do about it,
– your hopes of a swift but considered reply.

Below I’ll write some stuff to help you write each section. Try to use your own words as much as you can – MPs tend to ignore form letters.

What is the problem?

Problem 1: transphobic and patronising law
The Gender Recognition Act has been fundamentally flawed for the entire decade of its existence. It is built on the transphobic assumption that doctors and lawyers who have never even met a person are better placed than that (ADULT!) person to decide what that person’s gender is.
The process for getting your gender recognised in the UK if you are trans is lengthy, costly, invasive and humiliating. (Consider briefly describing the process in case your MP is not familiar with it).

Problem 2: Coercive sterilisation / invasive focus on medical treatment
There is also increasing evidence that, while no medical procedure, treatment or surgery is required per se, in actual fact the Panel is systematically biased *against* trans people (and especially trans women) who do not have genital surgeries and those who delay or forgo treatment in order to preserve their ability to procreate. This has led to an ongoing situation where people feel that they *must* undertake treatments and surgeries that they might otherwise have not had for several years or even might not have had at all out of fear of the Panel denying them Gender Recognition if they do not. The current situation is one of coerced medical treatment – especially medical treatment that results in irreversible sterilisation. The UN, the World Health Organisation and others condemn forced or coerced sterilisation and the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez recognised forced or coerced medical treatment for trans people as torture. His report is here and a very detailed reflection on his report from The Anti-Torture Initiative is here. As both of these reports are on torture in health care settings, please read with caution and take breaks if you are triggered or otherwise harmed by reading about the actions mentioned in the reports.

If nothing else, the form’s insistence on knowing intimate details of all treatments for Gender Identity Disorder that an applicant has undergone or will undergo needs to be immediately removed from the form as this information is private and irrelevant.

Problem 3: Unnecessary and Unhelpful pathologization
A further problem with the current system is that it unfairly allows only those who have a medical diagnosis of “Gender Identity Disorder” or “Transsexulism” to have their gender recognised – despite the fact that being trans (ie considering oneself to belong to a gender other than that assigned at birth) is not in itself a medical problem or diagnosis. It is quite possible to be trans yet not be able to get that diagnosis if a person is not greatly distressed by being trans or if the person is intersex. The Liberal Democrats have active policy to remove this requirement – if your MP is a Lib Dem, ask them what the Lib Dems are doing towards this, if they aren’t ask them what their party’s policy on this issue is.

Problem 4: No gender recognition for under-18s or for people of nonbinary genders
The current system also denies gender recognition to children who may need it and provides no recognition at all for anyone who has a gender other than “man” or “woman”. Many people are neither men nor women and they have just as much right as anyone to have their identity legally validated and recorded correctly on any documentation including birth certificates.

Problem 5: No one can work out whether or not I can legally marry *anyone* as myself
Under the current system, it is unclear whether or not a trans person *without* a gender recognition certificate can legally marry any other person without committing perjury by gendering themself correctly during their wedding ceremony. (I’ve talked to several lawyers on this, they couldn’t agree). This essentially leaves every trans person in the UK with at least two years of their life in which they may neither marry nor reproduce and no certainty that those two years so constricted in their right to a family life will yield a usable birth certificate and recognised identity. It’s a high price to pay and thousands of trans people are being left with no option but to pay it.

Problem 6: the Spousal Veto
Another HUGE problem with the Gender Recognition Act as it is currently, is something UK trans people have named “the Spousal Veto”. I find it hard to explain but it essentially allows any person married to a trans person to delay their legal gender recognition *potentially indefinitely* by refusing to either consent to remaining married to the same person under their new gender or consent to a divorce. Sarah Brown explains the situation much better than I could and also goes into a fair amount of the social and legal history that led to UK-based trans people having such a bizarre and draconian set of legal hoops to jump through for basic recognition of who we are. Incidentally, the Lib Dems also have policy against the Veto.

Problem 7: Monetary Cost to individual trans people
The current process requires sums of money that many will simply not have access to (due to discrimination in the work place, trans people are disproportionately under- and un-employed). Two doctors notes (for which NHS doctors may charge up to £200) and a notarised statutory declaration (costing between £5 and £50) are needed in the case of a single trans person (two stat decs would be needed in the case of a married trans person), in addition to the (means-tested) admin costs and the costs of any treatment the trans person has been unable to get on the NHS… It’s an amount of money many will be completely unable to spare yet the cost of going without gender recognition is also high. Being unable to marry, unable to provide a birth certificate as ID and knowing that somewhere the wrong name and the wrong gender are recorded as your identity has a huge psychological and social impact on trans people both as individuals and as a community.

Problem 8: Cost to the state
The existence of the Gender Recognition Panel – a group of people literally employed by the UK government to judge and decide the gender of British and UK-residing trans people – is also costly and inefficient to the state. Trans people can and do legally update their gender details on absolutely everything else, including passports, medical records, the census, work records, school records, exam certificates, bank records etc etc perfectly well without a panel to decide whether or not they can. The panel is simply not necessary and needlessly adds distress and delay to the lives of trans people and their families.

Updating one’s name has always been straightforward in the UK, requiring no court or lawyer or external body to approve or disapprove. The UK trusts its citizens to choose their own names, why not also their own genders?

How it affects you / your friends / other people
Talk about the distress, the delays (at least two years before you can apply, under 18s cannot apply even with parent’s permission, exploding queue situation with applications) monetary costs and the rights to family and private life that trans people cannot exercise with a Gender Recognition Certificate.

Words I’ve heard used to describe the present system include: absurd, ridiculous, kafka-esque, draconian, evil, wrong, repugnant, invasive, degrading, dehumanising, pathologizing, transphobic and inhumane. It shows a complete lack of trust in trans people’s ability to know themselves (ourselves) and what they (we) need. Talk about how it does or would make you feel to have to submit to a Government panel to decide for you who you are. Perhaps ask your MP how they would feel if they had to go through this process.

Even by the most conservative of estimates, something like 1 in 100 people is some kind of trans. There will be dozens, even hundreds, of children in your MP’s constituency who are trans – what kind of gender recognition system would your MP like them to encounter if they ever need one? One based on the assumption that they are wrong about their identity until and unless several doctors and lawyers *most of whom they will never meet* decide it for them? Or one which assumes autonomy and gives them control over their own identities?

If you have gone through the Gender Recognition process, you might like to write about how distressing it was. If, like me, you haven’t gone through it because it would be terribly distressing, invasive and/or costly it is then consider writing to your MP about that. If you are cis (i.e. you are not any kind of trans and consider the gender assigned to you about birth to be more or less correct) please say so in this section and write about why this issue still matters to you because it is e.g. distressing to think of anyone and potentially friends, partners or family feeling forced to go through this awful system.
Mention that there is a general consensus among many trans people and organisations that the Gender Recognition Panel MUST GO – this includes people who have gone through the Gender Recognition Process and people who campaigned FOR the Gender recognition Act.

Mention that Argentina and Denmark now have Gender Recognition on demand and that this has been widely welcomed and celebrated by trans people and their communities.

Perhaps point out that the UK doesn’t tell people what name, race, sexuality or religion is theirs: why should gender be any different?

What Do You Want Your MP To DO About This
There are several things you might ask your MP to do.
-You could ask them to ask in Prime Minister’s Questions what the Government intends to do to solve the many, many problems with the Gender Recognition Act or even to ask specifically if the Prime Minister will agree that Gender is a personal matter that should be decided on by individual people rather than by the State.
-You could ask them to draft an Early Day Motion or (if someone already has) to support an existing EDM.
-You could ask them to arrange to meet with trans people to discuss these concerns.
-You could ask them to do all in their power to lobby for the Gender Recognition Panel to be abolished and replaced with a simpler system based on self-definition and to approve all applications in the mean time.
-You could ask them to publically acknowledge and support trans people’s rights to autonomy over our bodies and our identities.
-You can ask them what THEY plan to do to make sure this awful coercive dehumanising system does not continue as it is. Or what their party plans to do.

Conclusion

Use the concluding paragraph to wish them well, say you hope they will consider your letter carefully and reply within two to three weeks. Remind them again that this issue is very important to a lot of people and you hope they can agree to help in some way. Add a method or two for them to contact you if they need anything clarifying or explaining before they reply. And remember to state clearly whether or not you intend to publish your letter and/or any reply online. If you feel like it, you may want to remind them that the elections aren’t all that long off now and trans people and their (our) supporters will be watching what the various parties do to support trans rights between now and then.