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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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.

Where’ve I been? Getting ATOS-ed, that’s where

I realise I’ve not written here in about a month, quite possibly the longest pause in my blogging since YetAnotherLefty came into being a little over two years ago. I (perhaps vainly) imagine that my readers have been asking themselves where I am and when I’m going to get round to writing something again and while I don’t really owe you guys anything, I feel an explanation is due.

Quite entirely simply, the explanation is “I got Atos-ed”. Again. And it was humiliating and triggering and awful and it harmed my mental and physical health. Again.

I want to try to go into that and expose what it’s like to claim PIP and/or ESA (the two kinds of social security / benefits payments offered to disabled people in the UK). Every person I’ve described the process to in real life has been horrified. Sometimes I wonder if people just don’t know or just don’t WANT to know how their friends, family, neighbours who are disabled are being treated. I know people don’t want to think that it could happen to them – when the various changes to disability benefits in the UK started, I was CONVINCED that they were not relevant to me or to anyone I knew. I was very, very wrong. The illnesses that cause me constant pain and fatigue had already begun. The disabilities I’d lived with from infancy should have got me DLA/PIP if anyone had thought to apply.

For both PIP (a benefit that most disabled people qualify for and that is for people who can work as well as people who can’t) and ESA (basically a replacement income for those too ill or disabled to *seek employment*) you first have to obtain and fill in a paper form. On that form, you will be presented with lists of tasks and the option to tick that you either can or cannot do those tasks. And then you’re expected to write in minute detail exactly WHY you can’t do the things you can’t do and how much help you need and why you need that help and exactly which symptoms of exactly which condition(s) prevent you from doing the thing. For EVERY. SINGLE. THING that you can’t do. There’s about thirty pages to the form, and four or more tasks on each page, many of which have subheadings.
It’s a lot of writing, especially if this is your first such form. Oh, and the space to write in is tiny and they don’t actually tell you that you need to detail the whys and hows of every last thing you can’t do without help.

And then they make you back everything up with letters from doctors and carers and social workers and anyone with a title regardless of whether or not they’ve ever seen you at home.

And then they usually still insist on a face to face assessment. Which amounts to meeting a stranger who’s been given a Cliff Notes (think literal bullet points) version of what you wrote on the form in the first place and then questions you in detail about all your conditions and all the things you can’t do and precisely WHY you can’t do them, give examples of times you couldn’t do this, what would happen if you didn’t have the help you have, but WHY does X condition mean you can’t do Y task? how come you can do P but not Q?… the form all over again but with another person asking the questions and not especially caring about being sensitive or kind (in my last PIP assessment, I think we spent a whole ten minutes talking about my bowel and bladder problems and at least 20 on “But WHHHY does severe anxiety prevent you from mixing with people and going to new places on your own?”).
And then based on a report about the face-to-face (including, no joke, comments on whether or not you “looked anxious” in the waiting room) your medical evidence and the damn form, a complete stranger who you have never met, who has never observed you in person, decides whether or not you’re disabled/ill enough to be given a small but often life changing sum of money.

And I think readers of this blog are probably vaguely familiar with all of the above. I needed to spell out the background because what upsets me most about this whole charade, what explains why I become hazy and distant and slightly more mentally ill immediately before and a short while after a face-to-face assessment or a frantic couple of weeks writing the damn forms (every three to six months I have to do one or the other as I get both PIP and ESA)… is the effect this has on my (and likely others’) sense of self, my identity.
The forms and the system reduce me to a list of “I can’t x without y help because of p,q,r symptoms of z condition”. I experience my life – and my self – as a series of events caused or explained by my inability to do things. My brain processes experiences as potential examples for the damn forms and assessments. I feel like a fraud if I decide to take the pain and the consequences of doing something I really really ought not to do. I feel guilty about spending money because at any moment a brown envelope and a few strangers could take all my money away. I worry about that one picture of me on Instagram where I appear to be standing unaided with a baby in each arm – I know the reality is that I’m seated on a stool and there are two people just out of shot ready and waiting to take one or both babies from me as soon as the photo is done – I still worry about what it looks like.
The logic of the form – that one should be able to work and if you aren’t you better have a detailed explanation of precisely why – permeates my brain. I over-explain why I can’t or won’t do things to friends and strangers who would happily have accepted “I can’t” as its own reason. My depression latches onto things that I can’t do that someone my age “should” be able to do. I feel ashamed and scared to admit that I am “on benefits” and likely will be for the rest of my life.
On my “good days”, my depression and anxiety still interject to make me question if I even “deserve” to get paid to not-work (because anything even remotely like full time work would seriously harm me) and if my more expensive or frivolous purchases are justified given I don’t “earn” my money. On my bad days, lying in bed, my brain idly writes new paragraphs for the damn forms.
The system for getting these payments leaves me constantly thinking about what I CAN’T do and why. That can’t be good for me but I can’t stop it. A few more years of this and I imagine it will become a permanent subroutine in my brain, figuring out what I can’t do, what help I need, why I need help, how seriously I’d be harmed without help.. a huge portion of my brain forever ruminating on something that doesn’t help *me* at all. When I could be thinking about my writing or learning or having fun or…

So that’s where I’ve been and where I’m at. The DWP are basically inside my head and critiquing my every action. And it hurts.

And yet… until the system is fixed, I still advise disabled friends to consider putting themselves through it. Because the money maybe a modest sum but it’s LIFE-CHANGING. It means I don’t have to worry about affording a meal in a cafe or a takeaway when I can’t figure out all the steps to making my own lunch. It means I can get a taxi if I need to. It means I can pay bus fare for a friend to accompany me to a scary new place. It means I can afford food that isn’t beans. It helps but making it happen hurts. Possibly permanently. It’s a bind and I respect the choices people make about whether or not applying for PIP, ESA or both will be “worth it” for them.

Benefits Update

A full 16 months after I applied for ESA, I’ve finally got an answer. I’ve been put in the Support Group which basically means that I don’t have to work or seek work because I am too ill and disabled to be reasonably expected to try to find work that I can feasibly do and employers willing to make the many, many adjustments that would be required to make that work accessible to me. After literal years* of financial insecurity due to disability and ill health (including times when I had no money of my own) I finally have something resembling security – money to replace the employment I cannot be reasonably expected to seek or find until and unless I get much less ill (unlikely to happen as my physical illness is chronic and incurable and my mental illnesses are chronic and not responding all that well to treatment) or society gets MUCH, MUCH less disablist and much, much more inclusive and accessible (more likely to happen but still years away). I view it as somewhat akin to compensation – money to live off in recognition that between my body and the society I live in paid job opportunities for me will be close to non-existent but I still deserve to live a good life.

So, what now?
I’ve bought quite a few things lately that I’ve not been able to afford for a very long time – a mobile phone that actually works, a winter coat, new shoes, a Blue Badge and a Disabled Person’s Railcard. It feels odd both to have these things and to know that I can buy such things without worrying about whether I can also afford to pay my rent. This security is unfamiliar to me, I find myself still acutely aware of when each payment is due to come in and when my rent and direct debits are due to go out.

As I don’t need to look for or get a job, I’ll have a lot of free time. I’ll definitely be blogging and I’ve got some great ideas for posts lined up. I’m trying to get back into reading regularly and I want to write more fiction. In fact, I have the slightly ambitious aim of writing the first draft of a novel this year (I’ve written novels before but not since my teens). I’m also looking for very, very part-time volunteer activities in Manchester feel free to contact me if you’ve got an opening you think I could fill 🙂

In the medium term, I’m on a few NHS waiting lists to hopefully get some treatment for my my mental illnesses. I don’t expect to be “cured” but there’s a lot of scope for improvements in managing my illnesses and maybe even reducing my symptoms. A man can hope, right? Learning how to make a phone call without breaking from fear and panic, for example, would greatly improve my life and it’s a goal that is ambitious but (I hope) achievable.

Even longer term, I want to be a parent. I’m hoping to be on the adoption register as a potential adopter before I’m thirty. In order to get there, I’m going to need a few things I don’t have yet: a permanent home with at least one spare bedroom, more local friends than I have now, possibly a wheelchair and/or a service dog. I’m not hugely sure how to go about getting these things sorted but not having to worry too much about continuing to afford to eat and pay rent frees up a lot of time and energy for planning the little steps to the bigger goals. And I know what my big goal is: to be a good parent to at least one someone who didn’t get a great start in life.

So, that’s where I am. Right now I’m still pretty poor compared to most people but I don’t have to worry too much about it any more cos (for now at least) I know that I will have a regular income and that my rent will be paid. This means I can concentrate on other things. Which is something I’ve not been able to do for a long, long while.

*I’ve been trying to apply for DLA / PIP and ESA since 2011, the present year is 2015.

I write best when I’m hurting…

TW: this post discusses social care, “reablement” services, mental illness including self-harm and suicidal ideation and institutional neglect and abuse of disabled people, particularly of me. Stay safe and don’t force yourself to read it if it could harm you.

I sometimes feel I write best when I’m writing about what hurts me. This blog is full of post about my experiences of living with chronic disabling illness and of living in a world that reminds me over and over again that people like me – whether that’s disabled people, trans people, Jews, LGB people or unemployed people – are not wanted or welcome. I write about what hurts me.

I’m hurting right now and haven’t posted in almost a month. What’s happened?

I am being harmed. I am being abused. I am being… “re-abled” by social services. And they’ve decided i don’t qualify for on-going care. That means my care hours, as of tonight, will be cut to ZERO and any care I need I will have to organize and pay for myself – if I survive long enough to sort something out. (My friends and partners are not going to let me die so don’t worry too hard but I basically cannot be safely left alone for more than three DAYS without completely giving up on caring for and feeding myself. An otherwise identical person with no local friends would be dead or hospitalised within a month with malnutrition. I really wish I were exaggerating here).

For the majority of people who’ve never heard of it or had to go through it, “reablement” is an up-to-six-week long assessment period in which care is provided to a person and (in theory) they are given the equipment and support they need to look after themself. On paper, it looks like sort-of a good idea BUT in reality, huge funding cuts mean people aren’t being given as much equipment as they need, are fighting hard and waiting weeks to see that equipment and are being assessed as needing (as I do) about 5 to 6 hours of care a week THAT THE COUNCIL THEN REFUSES TO PROVIDE OR PAY FOR. And even if all the equipment I could benefit from were provided to me, even if I were given my five hours a week ongoing care to keep me alive… the process of reablement is still neglectful and abusive BY DESIGN.

The people sent to support me were deliberately and secretly instructed NOT to help me and to push me to do things by myself. My every morning wash and evening meal was secretly turned into a battle of wills between me, an exhausted mentally ill person in a lot of pain and a carer / support worker who was often meeting me for the first or second time. They pushed me further than I should safely be pushed and they pushed me every day. And I capitulated and forced my pain-filled exhausted limbs past my limits daily *because when I am scared or upset, my PTSD makes me extremely compliant*. I repeatedly tried to explain to both carers and my assessor that I am exhausted and in pain and vulnerable and that whilst I often physically *can* make myself a meal, I usually really, really *ought not to do*. I tried. My concerns were frequently ignored and now I have no care, not all of the equipment I was promised and a fight on my hands to stay in an abusive system in the hopes of getting less than a MP’s meal allowance a day spent on keeping me alive and healthy enough to do anything at all beyond surviving.

My depression and PTSD have been getting very bad lately and is it any wonder? I’ve been seen by carers and by my assessor in tears and self-harming. I’ve had to get friends to help me in the last few weeks because several times a day I think in all seriousness “I want to die just so all this stress and abuse will end”. Things are literally that bad but for the sake of a few quid the council would apparently prefer to let me try to look after myself alone.

And it all links back to the questions on the PIP and ESA forms that apeear in my letter box at irregular intervals and the number of different GPs who’ve happily signed my sick notes yet the DWP still want to get Atos or Capita to assess me in case all 6 GPs were wrong and the comments of the likes of Lord Freud who thinks people like me shouldn’t be paid minimum wage but also shouldn’t be able to live off benefits… it all comes down to having to fight and plead and abase myself daily to show that I deserve to live. It all comes down to narrating over and over and over again how my illnesses and disabilities affect me and how many doctors I’ve seen and getting professionals to write down exactly what I just said on pieces of paper that other professionals may or may not take into account… Will I be deemed worthy, fit for life, this time? And if so, for how long?

So, you don’t like IDS? Then attack his welfare reforms!

If you’ve signed or even thought about signing the petition calling for Iain Duncan Smith to prove that he can live on just £53 a week, please, please also sign and share the War on Welfare petition – http://epetitions.direct.gov.uk/petitions/43154

Force him and his government to actually look at and see the impact of what they’re doing. They’ve already admitted that they haven’t even tried to model how making all these cuts at once will affect disabled people cos it would be too difficult!