What is in Kelvin's Head?

Gender Recognition Act Reform – It’s Time

24/10/2022

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.

gender, Gender Regognition Act, GRA, trans

41 responses to “The Columba Declaration”

Edward Andrews

11/02/2016

As Anglicans get down to the important issue of the niceties of Theology, lets get into the broad brush situation.
The relationships between the Churches of the Celtic tradition and the Southern tradition have been fraught since the 7th Century (Whitby). Part of the whole question surrounding the war of Independence (and before with King David was teh independence of the Scottish Church.
The irony is that the present attempt is to bring the Churches of the united Kingdom together may well blow back on them. While the Kirk today doesn’t mean much in Scotland the most secular part of the UK I’m not convinsed that playing footise over Bishops is going to impress the older members – the ones who voted No.
The fact is that the Scottish Episcopal Church has the Anglican franchise in Scotland. It is an authentic Scottish Church (especially if you ignore the instances when it has gone to England for Episcopal ordination.) and to negotiate over its head about something so sensitive it at the best discourteous.
Those of the reformed tradition don’t get wound up by the antics of a few Episcopalians. We seek whatever degree of true unity is available to us, but do not see the need for uniformity. I spent some very pleasant years as a guest of the Scottish Episcopal Church when the climate of the Kirk became unattractive to me, and am grateful for the table fellowship which I received.
The site of two big boys presuming to set things up is not pleasing. For the information of those who want to get up tight about the real presence, that is what the reformed tradition believes, we are Calvinists not followers of Zwingli. I am not going to seek to discuss which Greer philosopher we get our understanding of existence from.

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Father David

12/02/2016

Father Ron: let us not forget that the great Arthur Michael Ramsey was born an ecumenical baby. His maternal Grandfather was Vicar of Horbling in Lincolnshire and his paternal Grandfather was a Congregationalist Minister. His Anglican Grandfather baptised him and when in adult years he visited Horbling parish church he was deeply moved when standing by the font – the place where this great man of God began his Christian pilgrim journey. However, as a child he worshipped with his family at the Congregationalist church in Cambridge. To the great benefit of the Church of England and the Anglican Communion – the kind of High Jinks that took place next door at Little St. Mary’s proved to be an attractive magnet and so the pull of Anglo-Catholicism brought to us a spiritual giant and a contender (in company with William Temple) for the title of the greatest Archbishop of Canterbury of the 20th century and a man who yearned and longed for Christian Unity.
Edward Andrews: Even as we all long and hope for the unity of all Christians your words are wise when you point to unity not uniformity.

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Keith Barber

12/02/2016

Cynic I may be, but my first response is to ask what is the hidden agenda. For I’m pretty certain there will be one, whether it’s about trying to create an ecclesiastical bulwark against disintegration of the UK or get ++Welby an ally or two in the aftermath of the huge and hostile reaction to the Anglican Primates’ decision to punish TEC (sorry Kelvin) for its moves towards inclusion of LGBT people.

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1. Jeremy Bates
  
  13/02/2016
  
  Or perhaps it’s like the Easter-calendar announcement–a convenient way of changing the subject, at Synod and elsewhere.
  
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Father Ron Smith

12/02/2016

Whatever the motivation for this ‘secret’ accord with the Church of Scotland; simple courtesy would require that the Church of England promoters consult with their Episcopally governed equivalent in Scotia.

Another point is this; do the Presbyerians realise that they may have signed up to the catholic premise of recognition of the Real Presence of Christ in the Sacrament of the Holy Communion? Are they happy with that?

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1. Edward Andrews
  
  12/02/2016
  
  Well actually the Presbyterians believe “Worthy receivers, outwardly partaking of the visible elements, in this sacrament, do then also, inwardly by faith, really and indeed, yet not carnally and corporally but spiritually, receive and feed upon, Christ crucified, and all benefits of His death: the body and blood of Christ being then, not corporally or carnally, in, with, or under the bread and wine; yet, as really, but spiritually, present to the faith of believers in that ordinance, as the elements themselves are to their outward senses.” You will see the word real is there. Don’t know what the 39 articles say you believe.
  Those of us who are big on the real presence use the Platonic rather than the Aristotelian understanding of reality.
  
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  1. Father Ron Smith
    
    12/02/2016
    
    Not believers, then, in con-substantiation? Freely translated as bread and wine ‘together with’ the Body and Blood of Christ? Note, not the more literal trans-substantiation, which would nean the disappearance of the bread and wine. (although as some of my more scientific friends would say, this is a tautology.
    
    What all must agree on, though, is that some members of the Church of England, and many of its constituent partner Churches of the Anglican Communion, do have a problem with the ‘Real Presence’ – a reality that, for me, and I suspect most Anglican Catholics, means that the substance of the bread and wine consecrated at the Eucharist is truly “The Body and Blood of Christ” in accordance with the dominical instruction: “This IS my Body, my Blood” (Not, you will notice, “this REPRESENTS my Body, my Blood”). ‘A Sacrament is an outward and visible sign of an inward and spiritual grace’ – this saying sums it all up pretty well, I think
    
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    1. Kelvin
      
      12/02/2016
      
      I think it is time to draw the discussion about the real presence to a close on this comment thread. It is hardly the main point and I’ve never ever known a comment thread about transubstantiation to be constructive.
      
      Comments on the Columba Declaration welcome. Comments trying to explain what transubstantiation *really* means – not so much.
      
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      1. Edward Andrews
        
        12/02/2016
        
        Thank you Kelvin. As I see it the C of E has come poaching in your preserves. This is wrong and unhelpful. If there were going to be Anglican/Presbyterian dialogue the SEC should be the lead player. I have my own problems with the declaration as a Member of the Church of Scotland who seeks an end to the United Kingdom. However as a Catholic Christian I am in solidarity with my SEC brothers and sisters who have been left out of the loop. Both the Cof E synod and the Kirk’ General Assembly should reject the document, but I don’t suppose that they will.
Augur Pearce

16/02/2016

A contribution to the ‘establishment’ discussion: In my book the terms ‘establish’ and ‘Church of England’ both have more than one meaning. ‘Establish’, for example, can mean ‘set up, bring into existence’ (sense E1), or it can mean ‘endow, privilege’ (sense E2).

Most people who use it of the C of E use it in sense E2, and they understand the C of E (in what I might call sense C3) as an association with its own rules, distinct from the English nation but privileged by law in various ways (with some concomitant obligations).

In fact I think this describes the C of S position fairly well, but is quite wrong as regards the C of E. The C of E (I contend) is not distinct from the kingdom of England, it is that kingdom ‘wearing its spiritual hat’ (sense C1). England, as church, has various spiritual responsibilities to discharge, and in order to do so, it establishes (=creates; sense E1), by its law, a complex of specialist institutions, offices, rules, and assets which itself becomes known derivatively as the C of E (sense C2).

One clear example of how the C of E (in sense C1) and the C of S have been differently understood from very early times is found in comparing Richard Hooker’s well-known words ‘There is not any man of the Church of England, but the same man is also a member of the commonwealth, nor any man a member of the commonwealth which is not also of the Church of England…’ with the Church Act 1567, declaring those ‘quha outher gainsayis the word of the Evangell ressavit and apprevit as the heidis of the Confessioun of Faith professit in Parliament of befoir in the yeir of God 1560 … or that refusis the participatioun of the haly sacramentis as thay ar now ministrat, to be na memberis of the said Kirk within this realme now presently professit’.

The Church of England, in short, is simply England; the Church of Scotland is a privileged sectional group.

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1. Seph
  
  17/02/2016
  
  If this be so, it strikes me as uncomfortably caesaropapist. This may be one of the things that makes me uncomfortable when I am down south and find myself in a C of E church.
  
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