• Gender Recognition Act Reform – It’s Time

    This week the Scottish Government will be considering a piece of legislation which will affect most people’s lives very little but which has great significance for those seeking legal recognition that their gender is different to that which was assigned to them at birth.

    People being recognised legally as having a changed gender is nothing particularly new – it has been happening for years. What it means is that people are able to have access to documents that reflect their lived experience in the world. After all, if everyone experiences you as being one gender and yet your passport indicates that you are legally a different gender then that is going to cause you trouble sooner or later.

    The proposals being discussed this week are mostly about the simple question of who should make the decision about someone’s changed gender. Up until now, it has been necessary to get a medic to agree, after a long process of living in one’s new gender that one is in fact now legitimately the gender that one already knows oneself to be.

    One of the problems with this is that doctors (as represented by their professional bodies) don’t seem to feel that this is an appropriate decision for a medic to make about another individual.

    There has been a great deal of debate in recent years about this. Some of it reminds me of the very worst public prejudice about gay people that we used to see in the public realm all the time. Some of it has been barely hidden hatred of trans people.

    Now, I’m not trans, so people might wonder whether I’ve got any skin in this game, so to speak. Well, I have been the victim of an anti-trans hate crime. (That’s not just my opinion, that was the determination of a Sheriff Court judgement). Being the target of that hatred was horrible. How much more horrible it must be to be trans and be subject to the current discourse day in, day out.

    The question that I always ask people who are worried about changes to the Gender Recognition Act is always the same. “Who do you think should decide whether someone has changed gender?”

    I don’t always get an answer to this. It seems to me that the driving force in all of this should be those who are at the heart of these matters – those seeking to be recognised as having a gender expression different to that with which they were born.

    The current proposals don’t have any effect on the right to use gendered spaces – access to spaces and services generally was determined with the Equality Act. The current proposals have no effect on anyone’s rights, other than the right of someone to access a passport and other similar official documents that are appropriate to who they are.

    I’ve yet to meet anyone objecting to reforming the Gender Recognition Act who has witnessed any crime involving access to gendered spaces that they thought should be reported to the police.

    Yes, oddly, they still often claim to be against “self ID” for trans people.

    At that point in the conversation I usually say that I can think of no-one other than a trans person who is better qualified to determine their gender and that they should be able to do so, subject to it being a criminal offence to make a fraudulent application to be recognised in a gender that was not assigned to one at birth.

    “Yes,” cry those who claim to be against self-ID – “Yes, that’s what we need! We need it to be illegal to make a fraudulent claim that one is a different gender – that’s what the government should do”.

    I then find myself having to explain patiently that this is exactly what the government is proposing and what trans people are asking for.

    It is time, for reasons of dignity and justice and common sense that the Gender Recognition Act was amended to allow this to be the way that people get access to the documents that they need and which reflect who they are.

    The time for Gender Recognition Act reform in Scotland is now. The government should press on ahead confident that they are doing the right thing.

6 responses to “Back from Sweden”

  1. chris Avatar

    I don’t think so. I’m not a Nat, and I didn’t vote for them – but I’m pretty appalled at the Lib Dem stance on this. If there was a re-run, I’d be tempted to vote SNP just to prove a point. You *can’t* expect the majority party to go back on a manifesto promise – and I don’t think it’s morally on.
    If the Lib Dems had won under the same circs, would you still say this?

  2. Stewart Avatar

    The difficulty I have with the whole situation is that there was multiple adverts, leaflets, etc describing the voting methods. The returning officer at my local council distributed a special leaflet – before all the political leaflets deluged me – setting out the way to vote. I also felt the voting papers were clear in their directions. Even the party literature gave directions on how the voting took place and how to vote for a particular candidate/party.

    I do not think were are in a Florida situation were the voting papers could possibly be misunderstood by the way the place for the holes to be punched were interleaved, and the holes where not always completed punched through.

    On the Scottish Parliament Paper it was clear to me that one cross went in one column and one cross in the other column. The second paper for the local councillers was to rank the candidates in order.

  3. vicky Avatar
    vicky

    I agree with Stewart, but I struggle a bit with Chris’s point. I think that politics by referendum is always problematic and we have a representative democracy for historic reasons (to protect from civil war if you care to go back to the 1640-60s and see why the subsequent Restoration Government worried so much about government by petition, which it is hard not to view an independence referendum as.) For my mind there is no concensus about a referendum and the Lib Dems were right not to sign up to a coalition when such a central issue is on the table. Perhaps a minority government, however, might be a more liberal one any way? (though, it is more likely to descend into a power manipulating fiasco….)

  4. kelvin Avatar
    kelvin

    Chris – I don’t agree. The nature of coalition is trying to make an agreement that you can both agree on. Both Labour and the Lib Dems had to compromise last time and each were unable to implement their manifesto in full. I think that kind of compromise is probably good for Scotland, even though, like anyone involved I would like to be able to implement a manifesto fully that I believe in.

    We are so unused to coalition talks that we don’t know what to do with them. There is no reason why the Nats should not try to govern as a minority government. There would be many measures that the Lib Dems (and even Labour) would support them on. There were times during the last sitting of the parliament when I thought that we would have been better to have a minority Labour government.

    The Lib Dems could no more become a government delivering a referendum when they had said they would not than the Nats could become part of one which didn’t when they said they would. It works both ways. The Nats didn’t have a majority and have no mandate to force through anything. I’m happy with the idea that law is made on the basis of what happens in a parliament rather than what is put in a manifesto.

    Stewart – clearly you understood the process involved. That does not seem to me to cancel out the spoiled ballot papers. We don’t know yet why so many went uncounted, but we do know that it was far, far more than ever before and that they could have affected the result. I’d like to think I would take the same view about the need to rerun the election whatever the result.

    Vicky – I’m also inclined to be suspicious of government by referenda. Big Brother has taughts us, amongst many things, that we could have a vote every evening on any issue of the day. However, governing by plebiscite is governing without either scrutiny or loyal opposition.

  5. David Avatar

    I think that the SNP calling itself Alax Salmond for First Minister party had a lot to blame for the confusion. The voter should have been presented with a column of parties and a column of candidates. What we got were two columns apparently starting with candidates. Think how the brain scans the voting paper – title, first in each column, then the detail.

    It is simply appalling that so many votes were lost. Ideally, we should run the election again, but I really wonder if we collectively can face it. If no FM/PO declared, then we have to do it.

  6. vicky Avatar
    vicky

    As the numbers of spoilt ballot papers rise…I think we have to give in and hold another election….:(

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