• Transgender Visibility and the Church

    Today happens to be International Transgender Visibility Day of Visibility.

    As yet, I’ve heard nothing today from anyone from a faith background. No bishops making statements either positive or negative, no-one threatening to leave a denomination over it, no statements at all really.

    It seems to me that it is worth me going on record to say that St Mary’s is a church which has transgender people connected to it.

    I suspect that wouldn’t particularly surprise anyone. Most people will shrug and say “oh, that’s just St Mary’s for you”

    However, I think it is worth my while saying that each of the three church communities that I’ve been part of since ordination has had transgender people as members of their communities. I’ve also met trans men and trans women in both of my times working in university chaplaincy. This has made me conclude that being transgender is a more common thing than I used to presume and it really is surprising that the church has nothing much to say about it.

    Members of the body of Christ are transgender.

    I’ve had to learn a lot as I’ve listened to people with that experience tell me about their lives.

    One of the things that I’ve learned is that some of the very common narratives that I have become used to hearing from lesbian and gay people of faith don’t really map onto transgender experience very well.

    Many many times, I’ve heard stories from gay and lesbian people of alienation and frustration within church communities which I’ve met by saying, “Well, I don’t think God makes mistakes – God made you attracted to the people you are attracted to and God doesn’t make mistakes”.

    However, that doesn’t really work for people who are on a trans journey. Not quite anyway. I’ve changed what I say a bit and now I think that I’d be more likely to say is that the essential truth is that God loves us as we really, truly are.

    Transgender people and those who are close to them are welcome at St Mary’s. I’d like to think that people already know that but I guess that with the silence I hear from the wider church it is worth saying out loud. The fact that I’ve known people with this experience in very different religious communities to the one I now lead gives me some hope.

    So – God bless all transgender people on this day of transgender visibility.

    God blesses the whole church through them.

2 responses to “Human Rights Petition”

  1. Steven Avatar
    Steven

    Kelvin

    I strongly agree with your sentiments and intend to sign the petition. As a practising barrister I can say that the incorporation of the Convention has had a hugely beneficial effect across society – especially in creating a rights aware culture amongst the judiciary.

    I have successfully relied on the Convention to (1) ensure that the state continues to support destitute asylum seekers whilst they are appealing an asylum support decision (2) prevent the removal of a mentally unwell Brazilian amputee who is awaiting further surgery in the UK (3) ensured that those detained under immigration powers are not held in “ordinary” prisons and (4) prevented the deportation of a Turkish national for a crime committed whilst a child. The Convention naturally “benefits” those on the edges of society – whose cause might be unpopular. That does not mean, of course, that it is unworthy. Quite the opposite.

    I have of course relied upon the Convention in cases which stretch the reach of the various articles. That is how the law develops. Judges do not embrace such claims uncritically. Unfounded and weak claims are rejected as such and so the public perception of an “out of touch” judiciary is misplaced. Thank God for the Judges who – if they were to follow the whims of public opinion would “string em up”, “bring back the birch” and “throw away the key”!

    The Human Rights Act 1998 still retains parliamentary sovereignty in any event. This means that Parliament can still introduce laws that are in breach of the Convention. All that a Judge can do when faced with such legislation is declare it to be “incompatible” and that is it. This may create political pressure (especially at a European level) but it means that the “Queen in Parliament” is still sovereign.

    In addition the HRA 1998 has become entrenched as an almost constitutional statute. Repeal or significant amendment would not create less litigation. On the contrary, as the Daily Mail might put it, lawyers would have a “field day” arguing about when a particular right ceased to exist under the ECHR in the UK and the extent to which rights survived repeal or amendment. It would create a legal mess, a constitutional back-step and a political nightmare.

    In fairness though a solicitor did ask me if they could bring a case to challenge a refusal by the police to allow a man more regular smoke breaks on the basis of his Convention rights (he was being questioned for murder)…I reminded the solicitor that the drafters of the Convention had in mind the ashes of Auschwitz when drafting the Convention and advised him to, as they say in Ulster, “catch yourself on!”

    1. kelvin Avatar

      Thanks Steven. It us really helpful to have your perspective and some concrete examples.

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