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

8 responses to “A Christian Country?”

Tim

29/04/2014

Reality is pluralist; a secular basis is good to level the playing-field.

I think Cameron is not so much failing to live in `now’ but hell-bent on dragging the country back to the 50s (mostly the 1850s).

One of Blair’s very few positives was “we don’t do God”, or at least postponing doing God until mostly after he was out of Number 10.

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Fr Steve

30/04/2014

Very good analysis. In Australia I still find I get prickly when people tell me I belong to the C of E! (It has not been formally such since the the 70s)
It is good not to see ourselves in the light of another nation…England…but it is good to recognise to recognise our heritage …Anglican.
I spent part of last year in Hawaii as a locum…..when asked last week by the Mothers’ Union..”What was the difference?” I was a bit glib…but could confidential say “Nothing at all!” Given the fact that 1/3 of the congregation were Filipinos it is an interesting reflection.
Don’t think we should overstate it, but being Anglican is a great thing. But there is much about it that needs a good kick up the backside too!

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Mark

30/04/2014

Though we ought to, maybe proudly, remember that the SEC is not a daughter Church of the Church of England. I’m afraid Cameron isn’t doing himself any favours with the way he’s made these statements, and as far as Scotland goes there’s a large part that has been disenfranchised by any statements that Cameron or any English person says, because they view them as ‘english propaganda’. Sadly, I don’t view the Scottish Government with much love either, having used their position to unfairly tout their party’s stance. Between two opposite poles, both backed by Government, how is one to hear a balanced view, instead of that great love of Blair’s Government, spin.

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Eamonn

30/04/2014

‘I do however have a big problem with starting up a new country and writing Christianity into the constitutional definition of what that country is.’ I agree totally. I lived for 26 years in a country where the constitution, in respect of family matters, reflected the views both of the majority RC church and the Church of Ireland. For example, in order to make divorce possible, an amendment to the constitution had to be passed by a majority voting in a nation-wide referendum. This was only achieved in 1995, and only by a margin of 50.28% to 49.72%. Constitutional definition of religious matters always leads to discrimination.

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Robin

01/05/2014

> ‘I do however have a big problem with starting up a new country’

I have a big problem with seeing Scottish independence (if it were to be re-established following a YES vote in the referendum) as ‘starting up a new country’ . . .

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Alan McManus

02/05/2014

I loathe the smug fortress mentality of many of my co-religionists in RC schools while noting that these schools perform at least as well as non-denominational. I loathe the cowardice of the Reformed churches in failing to speak out against the violence and prejudice associated with a certain group of charitable organisations every July and the complicity of local authorities who DO NOT assure the safety of citizens and of international visitors unused to the historical hatreds of the Scottish central belt. While the latter is true, I continue to support the former and look to Canada as a model of multicultural accommodation than to the aggressive laïcité of France.

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1. Kelvin Holdsworth
  
  03/05/2014
  
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Allan Ronald

03/05/2014

Given the choice between the venomous and literally murderous hatreds of Central Belt sectarianism and ‘aggressive laicité’ I’ll take the latter any day.

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