Tuesday, 14 November 2023
Believe Out Loud An online network that empowers Christians to work for LGBTQ equality. www.believeoutloud.com
Believe Out Loud
An online network that empowers Christians to work for LGBTQ equality.
www.believeoutloud.comTransgender rights
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Transgender rights in the United Kingdom
Vigil in Glasgow for Brianna Ghey, a transgender teenager murdered in 2023
In 1970, the decision of the court case Corbett v Corbett made it legally impossible for transgender people to change the sex marker on their birth certificate, rendering them legally unable to marry people of the other gender, as this would legally be considered a (then unrecognized) "same-sex" marriage. The ruling was subsequently used as precedent by many courts in the United States.[102][103] In the 2002 European Court of Human Rights case Goodwin v United Kingdom, the UK was found to be in breach of Articles 8 and 12 of the European Convention on Human Rights under this status quo. The ruling would lead to the passing of the Gender Recognition Act in 2004.[104][105]
In December 2002, the Lord Chancellor's office published a "Government Policy Concerning Transsexual People" document that categorically states that transsexualism "is not a mental illness."[106]
Since 4 April 2005, as per the Gender Recognition Act 2004 (Welsh: Deddf Cydnabod Rhywedd 2004; Scottish Gaelic: Achd Aithneachadh Gnè 2004), it has been possible for transgender people to change their legal gender in the UK, allowing them to acquire a new birth certificate, affording them full recognition of their acquired sex in law for all purposes. Transgender people must present evidence to a Gender Recognition Panel, which considers their case and issues a Gender Recognition Certificate (GRC); they must have transitioned two years before a GRC is issued. It is not a requirement for sex reassignment surgery to have taken place, although such surgery will be accepted as part of the supporting evidence for a case where it has taken place. There is formal approval of medical gender reassignment available either on the National Health Service (NHS) or privately.
However, there have been concerns regarding marriages and civil partnerships. Under the Gender Recognition Act 2004, transgender people who are married have been required to divorce or annul their marriage in order for them to be issued with a GRC. The Government chose to retain this requirement in the Act as effectively it would have legalised a small category of same-sex marriages. The Civil Partnership Act 2004 allowed the creation of civil partnerships between same-sex couples, but a married couple that includes a transgender partner cannot simply re-register their new status. They must first have their marriage dissolved, gain legal recognition of the new gender and then register for a civil partnership. This is like any divorce with the associated paperwork and costs.
With the legalisation of same-sex marriage in England and Wales, existing marriages will continue where one or both parties change their legal gender and both parties wish to remain married. The legislation also does not restore any of the marriages of transgender people that were forcibly annulled as a precondition for them securing a GRC and states that a GRC will not be issued unless the spouse of the transgender person has consented. If the spouse does not consent, the marriage must be terminated before a GRC may be issued.[107]
Since 1 January 2021, UK telecommunications regulator Ofcom explicitly includes "gender reassignment" (alongside race, disability, religion, sex and sexual orientation) within its hate speech legal policies and procedures.[108]
In April 2021, it was reported that the fee for a Gender Recognition Certificate would be reduced to £5 in early May 2021.[109][110]
In September 2021, a report from the Council of Europe on anti-LGBTI sentiment in Europe described anti-trans rhetoric in the United Kingdom as having gained "baseless and concerning credibility, at the expense of both trans people's civil liberties and women's and children's rights", citing an increase in anti-trans hate crimes since 2015 and statements made at the 2021 IDAHOT forum by Minister of Equalities, Kemi Badenoch.[111][7]
Transgender youth
Transgender youth are equally covered by the Equality Act 2010, and therefore protected from discrimination as with adult trans people. Children who wish to medically transition are referred to the NHS Gender Identity Development Service, the only gender identity clinic for people under eighteen in the UK. There, no surgical options are available for transition, per National Institute for Health and Care Excellence guidance. In October 2019, the service was subject to a legal case, Bell v Tavistock,[112] and in December 2020 the High Court of Justice ruled that children under 16 cannot independently consent to the use of puberty blockers.[113] This was widely condemned by LGBT rights groups, such as Stonewall,[114] The Consortium[115] and Mermaids,[116] as well as human rights organisations, including Amnesty International and Liberty.[117] The Royal College of Paediatrics and Child Health issued a statement hoping for further clarity,[118] and leave to appeal was granted in January 2021.[119] This appeal was successful, with the original ruling being overturned in September 2021.[120] In September 2020, the NHS launched a review of gender identity services for young people,[121] which as of July 2021 is still ongoing.[11
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