Political consultation

Trans* Jersey

Discrimination Law update

susiepinelTrans* Jersey and Liberate met with Susie Pinel, Social Security Minister, on 23 January 2015 to discuss the progress of the next phase of Jersey’s discrimination law that, amongst other things, deals with discrimination of transgender people.

The good news is that, although more work needs to be done on the parts of the new law that deal with pregnancy mainly, the policy team are confident that it will be in force by September 2015. It is hoped that a draft document might be publicly available soon.

From the partial draft available at the meeting, the parts of the law dealing with sexual orientation are well-written and provide protection for sexual minorities.

Those parts of the law dealing with gender reassignment still need a bit of work to get the wording right, but the basic principles are in place. Trans* islanders will be protected no matter what stage of their transition they are at. This includes those who identity as trans* but have not yet started any form of treatment. Intersex islanders will also be protected. Both these inclusions are improvements on the UK’s legislation.

It was obvious from the meeting that the policy team are working hard to make Jersey’s law as good as it can be and have learned from mistakes made in the UK’s Equality Law. This is all positive news for trans* islanders.

Trans* Jersey

Results of equal marriage consultation

gaymarriage2

Trans* Jersey and Liberate met with Chief Minister Ian Gorst on 21 November 2014 to discuss the findings of the consultation into the question of whether it is appropriate to introduce legislation to equalise marriage in Jersey.

Consultation results

The online survey conducted by the Chief Minister’s office had 1,094 respondents and 161 people wrote letters on the subject. This represents an amazing level of response and bears witness to strongly held opinions on both sides of the debate.

However, this only represents 1.5% of the population and, inevitably, only those members of the population who feel strongly about the subject. It was no surprise, therefore, to learn that 54% of respondents were for and 46% were against equal marriage. The closeness of the result is probably not representative of the population as a whole but speaks to the fact that about 10% of the population are LGBTQ and about 10% of the population are regular churchgoers, both parties being well mobilised and well versed in the arguments for and against.

Of the three options offered for making equal marriage a reality, the responses were as follows –

  • Civil marriage only – 34% for
  • Civil and religious marriage (with an opt-out for those whose faith does not allow for same-sex unions) – 55% for
  • Union Civile – 75% against

On the question of allowing humanist marriages to take place, 50% agreed that they should, but the lack of comments on this issue was interpreted to mean either a lack of understanding of the issue or a lack of real interest in seeing it happen.

On the question of opening up civil partnerships to opposite-sex couples, 75% were in favour. However, the comments from respondents indicated that this option was less about equality and more about greater legal protection for co-habiting couples.

On the question of parity of law for same-sex and opposite-sex couples where adultery is concerned, 65% were for equalising the law.

Of the options offered for equalising the law on adultery, the responses were as follows –

  • Removing adultery from law – 11%
  • Creating a new definition of adultery – 40%

This result spoke to concerns that fidelity is important within any marriage and that to remove adultery from law is to make fidelity appear less important.

In addition, a number of points came out of the consultation –

  • Marriage matters to everyone (whether you are for or against same-sex marriage).
  • Equality and non-discrimination is an important issue that respondents respected and did not want to stand accused of breaching.
  • From those people of faith, the message was that marriage can only be between a man and a woman.
  • There were also a number of people who felt that civil partnerships should be enough for same-sex couples.
  • Both sides agreed that civil partnerships are not the same as marriages.
  • For some “redefining” marriage to include same-sex marriages is not an option.
  • There were concerns surrounding the use of language if same-sex marriage were to happen, such as the neutralising genders on official documents. People from both sides were unhappy with words such as spouse1/spouse2 and would prefer husband/wife, wife/wife, husband/husband.
  • Both sides of the argument represent a minority of the population. This is, therefore, a minority issue.
  • The impact of same-sex marriage on children worried some respondents. However, research from other jurisdictions shows that there is no negative impact. This did raise the issue of changes to educational and family policy that will need to be looked at by the States. (For example, the automatic right of a mother to have responsibility for her children. At the moment, there is no automatic right for fathers.)
  • Some were concerned that same-sex marriage would promote homosexuality.
  • The cost of implementing the legislation is not inconsiderable and, it was felt, needed to be weighed against the number of beneficiaries. At the last census, 0.4% of the population are living together in a same-sex relationship. (Note: this is not the same as the percentage of the population that is LGBTQ.)
  • The estimate of the number of equal marriages that will be held following the introduction of a new law is 44. This is similar to the uptake of civil partnerships following their introduction.

The proposal

Based on his findings, the Chief Minister will be bringing forward the following proposal for legislation –

  • Civil and religious marriage for same-sex couples with an opt-in clause for religious groups and their clergy. This will preserve terms such as husband and wife. It will also include something similar to the “quadruple lock” that protects religious organisations from prosecution under anti-discrimination legislation and is included in the England and Wales legislation for same-sex marriage.
  • Civil partnerships will be able to seamlessly convert to marriages. This can happen with or without a marriage ceremony as the couple chooses. Marriages will not be allowed to convert to civil partnerships, however, as this has proved unhelpful in other jurisdictions where it has been used to facilitate divorces.
  • Humanist marriage will not be brought in.
  • There will be no so-called “spousal veto” where, in England and Wales, a person in a marriage transitions and their spouse can prevent them from applying for a gender recognition certificate (in order to stop the marriage becoming a same-sex marriage). Jersey will seek to follow Scottish law on this point.
  • Civil partnerships will not be extended to opposite-sex couples and will be gradually phased out, if possible, because they are seen by the majority of people as a “second-tier” of marriage. More work will be done to find ways to provide more rights to co-habiting couples. If civil partnerships cannot be phased out, the decision will be revisited and the Chief Minister will seek to bring in civil partnerships for opposite-sex couples.
  • On the question of equalising adultery in the law, the Chief Minister will not be seeking to remove it from law as it is clear that sexual fidelity in marriage matters to people. He will be exploring the option of “no fault” divorces, the ability of a couple to apply jointly for a divorce (rather than one party bringing an action against the other) and the legal requirement for a divorcing couple to have mediation first. All options are being investigated with the intent of taking some of the acrimony out of divorce.

Timetable

The Chief Minister will report his findings to the States Chamber on 26 November 2014. The proposition will be brought in the first quarter of 2015 with a request for the States to approve the time frame and the process of legal change. Because there are extensive amendments that need to be made to other laws, a clear order of progress is required. (For example, within taxation law, a couple in a civil partnership can elect which partner is treated as the main taxpayer but, for a married couple, it is always the husband who is automatically the main taxpayer. This is clearly inequitable and needs amending.)

It is anticipated that Jersey will have same-sex marriage by the end of 2017.

You can download the full report on the consultation here.

Trans* Jersey

Media links: Results of survey of election candidates

BBC Radio Jersey: Sunday 19 October 2014 (timecode: 01:52)

Jersey Evening Post: Friday 10 October 2014

BBC Radio Jersey: Saturday 11 October 2014 (timecode: 01:07)

Channel Island equality charity Liberate and affiliate group Trans*Jersey asked those standing for election to the States of Jersey for their view on LGBTQ issues. The results show a strong commitment to equality by the 2014 election hopefuls.

Liberate and Trans* Jersey emailed all 69 candidates standing for election to the States of Jersey asking them to complete an online questionnaire about the most pressing issues affecting the island’s LGBTQ community. 45 candidates responded (65%), of which 9 did not complete the questionnaire.

Jersey Co-ordinator for Liberate Vic Tanner Davy said:

“We are really pleased with the response from the election candidates to our questionnaire and we would like to thank those who took the time to do so. The fact that 65% of the candidates responded demonstrates that there is a realisation that LGBTQ issues will need to be addressed by the States in the coming term if Jersey is going to be taken seriously as a modern democracy that believes in equality for all its citizens regardless of race, gender, sexuality or ability.

“Even those candidates who did not feel they could complete the questionnaire demonstrated a willingness to engage with us and our issues, which is encouraging.”

The full answers and comments provided by candidates can be accessed here: Link to survey results

vote2Headline results

Support for equal marriage: Of the 35 respondents to this question, 28 (80%) were in favour of same-sex civil marriage and same-sex religious marriage that includes an opt-out for faiths who do not wish to celebrate same-sex marriages.

Support for civil partnerships for opposite-sex couples: Of the 34 respondents to this question, 28 (82%) were in favour of opening up civil partnerships to opposite-sex couples.

Inconclusive response to the question of how to equalise adultery under the law: Of the 31 respondents to this question, 42% wanted to introduce adultery as grounds for dissolving a civil partnership, 32% wanted a new definition of adultery in law and 23% wanted to remove adultery as grounds for divorce in marriage.

Support for no discrimination exemptions (with the exception of religious organisations): Of the 32 respondents to this question, 28 (88%) were against any exemptions for businesses or service providers allowing them to discriminate on the grounds of sexual orientation or gender reassignment.

Some support for introducing the “X” marker: Of the 29 respondents to this question, 23 (79%) were in favour of introducing the use of the internationally recognised “X” marker by the passport office and registry office, allowing those who wish to register themselves as gender-neutral or intersex to do so.

Overwhelming support for allowing same-sex couples to adopt: All 32 respondents to this question were in favour of same-sex couples being allowed to adopt as a couple.

Some support for inclusive sex education in schools: Of the 29 respondents to this question, 24 (83%) were in favour of compulsory, age-appropriate, LGBTQ-inclusive Sex and Relationship Education in all schools.

Some support for removing the ban on blood donation by homosexual men: Of the 25 respondents to this question, 21 (84%) were in favour of removing the restriction.

Some support for self-reporting of gender transition: Of the 22 respondents to this question, 21 (96%) were in favour of removing the requirement to have obtained a gender recognition certificate from another jurisdiction before a transperson’s gender could be registered in the Royal Court.

Jersey Co-ordinator for Liberate Vic Tanner Davy said:

“It is clear from the number of responses to each question that the issues of equal marriage and discrimination have been well aired and are well understood by the candidates. The other issues that are of importance to LGBTQ islanders are not so familiar and caused candidates some problems in answering. Many felt they did not have enough information to respond at present. This shows us where we need to do some work to better inform our elected representatives.

“The most pleasing result was the overwhelming support for a change to allow same-sex couples to adopt as a couple. The comments from candidates on this issue highlighted the importance of placing children in loving homes irrespective of the gender of the adoptive parents. This view from the candidates is something we will be looking to build on and we will seek to work with the States on it sooner rather than later.”

Those candidates who chose not to engage with the LGBTQ community by responding to the questionnaire were: Gerard Baudains, Jane Blakeley, Simon Bree, Rod Bryans, Ian Gorst, Andrew Green, Angela Jeune, David Johnson, Konrad Kruszynski, Russell Labey, Chris Lamy, John le Bailly, Andrew Lewis, Kevin Lewis, Murray Norton, Mary Osmond, Darius Pearce, Susie Pinel, Hugh Raymond, Richard Renouf, David Richardson, Richard Rondel, Paul Routier, Graham Truscott.

To find out more about the candidates who are standing in your parish or district, go to vote.je where a full list of candidates can be found. Election day is 15 October so don’t forget to vote!

Trans* Jersey

Media links: Questionning the 2014 election candidates

Channel Island equality charity Liberate and affiliate group Trans*Jersey are asking those standing for election to the States of Jersey for their view on LGBTQ issues.

Liberate and Trans* Jersey have emailed all the candidates standing for election to the States of Jersey asking them to complete an online questionnaire about the most pressing issues affecting the island’s LGBTQ community.

The results of the questionnaire will be publicly available on the Liberate and Trans* Jersey websites (www.liberate.gg and transjersey.org). Candidates are asked to complete the questionnaire by 8 October 2014.

Jersey Co-ordinator for Liberate Vic Tanner Davy said:

“2015 is going to be a big year for Jersey’s LGBTQ population with the introduction of anti-discrimination legislation in September and debates on how to introduce marriage for same-sex couples. However, there are other issues that affect the LGBTQ population that have yet to be discussed in the States but are no less important to the approximately 10% of islanders who identify as LGBTQ. It is right that Liberate and Trans* Jersey, organisations that represents the LGBTQ community, ask candidates for their views on these issues, issues that are likely to be put before the States for debate in the next term, the term in which the candidates will serve, if elected.”

voting-paper-ballots

Candidates are being asked the following 10 questions:

  1. Which of the options for same-sex marriage being proposed by the Chief Minister’s consultation document of 20 August 2014 (Equal Marriage and Partnership) would have your support?
  2. Would you support the opening up of civil partnerships to opposite-sex couples?
  3. Which of the options for equalising adultery as a cause for dissolving a marriage being proposed by the Chief Minister’s consultation document of 20 August 2014 (Equal Marriage and Partnership) would have your support?
  4. Apart from religious organisations that are exempt, are there any other businesses or service providers that would have your support to have the right, in certain circumstances, to discriminate on the grounds of sexual orientation?
  5. Apart from religious organisations that are exempt, are there any other businesses or service providers that would have your support to have the right, in certain circumstances, to discriminate on the grounds of gender reassignment?
  6. Would you support the introduction of the use of the internationally recognised X marker by the passport office and registry office to denote someone whose gender is self-determined as neither M nor F? (For example, in the case of a child born with an intersex condition or “DSD” whose parents did not wish to register their child’s gender as M or F until later in life.)
  7. Would you support the removal of the restrictions on adoption by same-sex couples? At present, same-sex couples cannot apply to adopt jointly. However, one partner may submit an application supported by the other. In other words, single parents may adopt but same-sex couples in a civil partnership may not.
  8. Would you support compulsory, age-appropriate, LGBTQ-inclusive Sex and Relationship Education in all schools?
  9. Would you support the removal of the restrictions on blood donation by homosexual men? At present, homosexual men may not donate blood if they have had sexual contact in the last 12 months. There is no exception for homosexual men in committed monogamous partnerships.
  10. Would you support revising the Gender Recognition (Jersey) Law 2010 to remove the requirement for a gender recognition certificate from an approved jurisdiction to be presented and replace the process with a system by which a transgender individual self-reports their transition to the Royal Court (in much the same way that a change of name by deed poll is self-reported and passed through the Royal Court)?

For candidates standing for election, the questions can be accessed here: Link to candidate survey

To find out more about the candidates who are standing in your parish or district, go to vote.je where a full list of candidates can be found. Election day is 15 October so don’t forget to vote!

Trans* Jersey

States release consultation results

The States of Jersey have released the results of their consultation paper on the next phase of the island’s anti-discrimination law due to come into effect in September 2015. The section on Gender Reassignment demonstrates that trans* realities are poorly understood by some people and that the old myths surrounding toilet usage and gender specific job roles still persist. There is, therefore, work to be done to educate employers about trans* issues and how they cope with trans* employees.

You can read the results here (link at bottom of the page):

Trans* Jersey

States of Jersey consultation on equal marriage

The States of Jersey are currently asking for comments from the public on proposals for an equal marriage and partnership law. They have published a consultation paper, which can be downloaded here.

The consultation process closes on 22 October 2014 and the Chief Minister will report to the States in November 2014.

What the consultation does not do is ask whether a respondent is in favour of same-sex marriage. As far as the consultation is concerned that argument has been had and the island has to move on. Same-sex marriage is going to happen. It is now a question of how. The consultation paper offers a number of options for equal marriage and tackles a couple of other inequalities in current marriage law at the same time.

The consultation document is quite weighty but it is well-written and researched. It is also progressive in its thinking and doesn’t just copy what other jurisdictions have done. It offers three options for same-sex marriage:

  • Same-sex civil marriage only
  • Same-sex civil marriage and same-sex religious marriage
  • Same-sex and opposite-sex civil marriage only (also known as civil union)

All three options provide a means for someone to transition within a marriage without having to dissolve an existing union. Trans* Jersey is most keen to ensure that any legislation brought in does not contain the so-called Spousal Veto that is enshrined within the England and Wales Marriage (Same Sex Couples) Act 2013 and that, should option 1 or 2 be adopted, any law is modeled on the Marriage and Civil Partnership (Scotland) Act 2014.

The other section of specific interest to trans* islanders is part D that deals with adultery as grounds for divorce. As people who may or may not have the genitals that are expected of a man or woman, the legal definition of adultery doesn’t always make sense within a marriage in which one or both partners are trans*. In a farsighted move, the States are proposing either doing away with adultery as grounds for divorce or redefining adultery to include same-sex acts. Clearly, removing adultery altogether is the simpler option here.

We have requested involvement in any forum convened by the States to discuss the proposed legislation and were involved in the first round of meetings on 29 July 2014.

statesGet involved

Whilst Trans* Jersey encourages you to complete the online survey, we would also like to receive your comments about the States’ proposal regarding equal marriage and partnerships.

We believe that by speaking together as a group of trans* islanders our comments on the consultation will carry more weight.

Our partner organisation Liberate’s Jersey group has already responded and you can read their response here.

We therefore invite you to email us with your comments, suggestions, thoughts or concerns at admin@transjersey.org

Trans* Jersey

Equal Marriage update

Trans* Jersey met with Chief Minister Ian Gorst on 29 July 2014. In attendance were Senator Paul Routier, Ruth Johnson (Assistant Director, Social Policy), Martin Gavet, Ellie Jones and Pippa McCarthie from Liberate, Emma Poulliquen and Sara Garwood from the LGBTQ liaison team of the States of Jersey Police, Vicki Twohig and Mark Capern from the Youth Service, Christian May from change.je, Dr Elena Mora and Toni Roberts from Jersey Community Relations and Montfort Tadier from the Human Rights Group.

Martin Gavet opened the meeting by presenting a video produced by Liberate (below).

Vic Tanner Davy of Trans* Jersey followed this with a presentation discussing two possible options for same-sex marriage that would provide LGBT islanders with equality. You can download the Powerpoint presentation here.

The presentation started by asking the question, “they’ve got Civil Partnerships, why do they want marriage?”, which is something that has been heard more than once since the debate started. For the trans community, having a single means for two people to marry is really important as it means that divorce is no longer a requirement when someone transitions within a marriage or civil partnership. Having two “streams” (marriage for heterosexual couples and civil partnerships for homosexual couples) does not work.

The term GRC (gender recognition certificate) was explained to the meeting and its significance for trans people. It was pointed out that the state cannot ask a trans person to choose between their right to be married and their right to their GRC.

The presentation suggested two possible solutions: adopting the Scottish model (the Marriage & Civil Partnership (Scotland) Act 2014) or the Union Civile being proposed by Guernsey’s Chief Minister, Jonathan Le Tocq.

The Scottish same-sex marriage law is an improvement on the England & Wales law because it enables couples who are converting from a civil ceremony to a marriage to have a ceremony (in England & Wales you simply get a conversion certificate); it provides a route for gender recognition and converting a civil partnership into a marriage all in one process; it also contains no “spousal veto” clause; and it includes adultery as grounds for divorce (the England & Wales law ignores the possibilities of dissolution by adultery and of non-consummation of a same-sex marriage).

The meeting was informed that this was because the lawmakers could not decide how to define same-sex adultery (or non-consummation) so, rather than change the legal definition of adultery as penetrative sex, they left it out. As both Vic Tanner Davy and Ruth Johnson pointed out, if you can prosecute homosexual rape, you can define what legally constitutes homosexual sex. The meeting was in general agreement that if opposite-sex marriages can be dissolved through adultery or non-consummation so should same-sex marriages because the emotional consequences are just as devastating.

The presentation moved on to look at the proposed Union Civile in more detail. A handout explaining how the law might work and its implications can be downloaded here.

The meeting discussed the implications of the Union Civile for the Anglican church in particular. Both Liberate and Trans* Jersey are sensitive to fact that they would be the religious group most affected by the Union Civile and that its proposal could be seen by some as a first step towards disestablishing the Church of England. Having spoken to church leaders, Liberate and Trans* Jersey know that the Union Civile, although the ideal solution for many, will be a very difficult motion to put through the States.

This is why two solutions were proposed. Although the Scottish model still retains two laws for marriage, it does provide all the non-negotiable elements that we are asking for. The question then becomes, is it wise to pick a battle with the Anglican church, via the Union Civile, that possibly does not need to be had?

Ruth Johnson responded to the presentations and opened the meeting up to further discussion. She informed the meeting that the States are intending to move quickly on this because there is no good reason not to. There will be a public consultation from mid-August to mid-September that will ask the public to comment on a number of options for same-sex marriage. In addition to the two options favoured by Trans* Jersey and Liberate, there will be one that allows for two marriage “streams”, but this time divided between civil marriage and religious marriage, and one that offers civil partnerships to opposite-sex couples as well as marriages to same-sex couples.

The States are endeavouring to encompass a number of matrimonial loose ends in the consultation process, not just same-sex marriage. They also want to know whether opposite-sex couples would like civil partnerships and whether humanists and non-religious groups would like to carry out marriages.

The meeting discussed a number of issues arising from the presentation and from Ruth’s outline. There was no suggestion from those at the meeting that what the States of Jersey are proposing to publicly consult on is in any way inappropriate, although a copy of the consultation document was not available and would not be available until after the Chief Minister had met with religious leaders on 1 August 2014. It was felt by all that Ruth Johnson, in particular, had done an impressive job of understanding the issues and researching the various marriage laws to come up with a number of options.

Following the public consultation, it is anticipated that the Chief Minister will bring a report before the States at the end of September/beginning of October. Liberate and Trans* Jersey both expressed the hope that an educational presentation to States members would be possible as part of the process of bringing draft legislation before the States Chamber in order that the issues for LGBT people could be explained to members and they would have a chance to ask questions. The Chief Minister confirmed that was part of the plan.

The meeting was friendly and open with those present feeling very encouraged by what the States of Jersey are proposing to do regarding enabling every islander to have equality when it comes to marriage.

Trans* Jersey

Discrimination Law update

Trans* Jersey met with Senator Francis Le Gresley on 29 July 2014. In attendance were Martin Gavet (Liberate), Ellie Jones (Liberate), Pippa McCarthie (Liberate), Kate Morel (Policy Principal, Social Security Dept) and Darren Newman (Legal Consultant).

Vic Tanner Davy presented Trans* Jersey’s response to the consultation document. You can download the Powerpoint presentation here.

The presentation started by discussing the differences between sex and gender. The consultation document uses the word “sex” when it is often referring to gender. It was felt that it would be helpful to unpack the differences in order to better understand the non-binary nature of both features for trans* people and intersex people.

The use of the “X” maker on passports and birth certificates was touched on. Trans* Jersey would like to see this option being used in Jersey but, at the moment, although it is internationally recognised and legal in the UK, it is not policy to allow people to elect to have it on their documents.

The meeting acknowledged that there are more than two genders and, because of that, some explanation and guidance on the spectrum of gender would be required to assist organisations like the Jersey Tribunal and the Jersey Advisory and Conciliation Service in their decision making. The gender grid was put forward by Trans* Jersey as one way to define multiple genders.

Trans* Jersey went on to bust three myths about trans people that had, without malice, crept into the consultation document by implication:

  • That trans people’s medical and surgical histories are other people’s business, and that surgery is a requirement to be “really” trans;
  • That transition has an easily definable start and end, and that it will be the same journey for every trans person;
  • That trans* people cannot be trusted to use facilities marked for use by the gender they present as.

bathroom signThe meeting was hugely sympathetic to this last point and understood the need to ensure that the law does not accidentally enshrine discrimination around this point. It was felt that, when the draft law is debated in the States of Jersey, this point will be the one that takes up most time and causes most concern. The meeting agreed that educating the public and politicians to allay fears around this point would be helpful. The Minister and his team said that they would welcome any help Trans* Jersey and Liberate could provide in this regard.

The meeting discussed how trans people should be treated with regard to exemptions under the law for gender-specific employment and sports teams. Trans* Jersey suggested that, for those employers, such as a women’s refuge, who are exempt from discriminating when hiring, transmen should not expect to be able to be employed but that transwomen should be considered for the job along with natal born women.

Trans* Jersey explained that sports teams were still a difficult area for trans people, even at the professional level, as transwomen in particular were seen to have an unfair advantage over natal born women. In fact, research has shown this is not true. Once a transwoman starts hormone therapy, she looses the muscle bulk and testosterone advantage that she had.

In essence, for all purposes, the moment that someone self-reports as transgender they should be treated as the gender they present as – even if they are worse off. The meeting then asked about pension entitlement for trans people and Trans* Jersey said that the same rule applies. For transmen, that might mean working an extra 5 years before they are eligible for their pension.

Trans* Jersey, finally, suggested some wording, based on the UK’s Equality Act, for how the new law might be drafted.

Liberate stated their support for the consultation’s proposals on sexual orientation and asked for confirmation that maternity/paternity leave applies equally to same-sex couples as to opposite-sex couples. The Minister confirmed that same-sex couples are equally covered by the law.

The draft legislation is expected to be publicly available in February 2015.

Trans* Jersey

A week of contradictions

On Tuesday 8 July 2014, the States of Jersey approved an amendment by Senator Ian le Marquand to the proposition to allow same-sex marriage that had been brought by Deputy Sam Mezec. The amendment effectively stalled the progress towards equal marriage in Jersey by making it subject to a consultation by the Chief Minister, Senator Ian Gorst. Apparently, many of those who voted for the amendment did so because of the immoderate language being used by supporters of the original bill. The words “homophobia” and “homophobic” were used on more than one occasion to describe others with opposing views.

On the very same day, Trans* Jersey received two emails from trans* islanders, independently, reporting that they had been the victims of abuse and assault. In both cases, they were physically at risk of injury. In both cases, the attacks were simply because the victims were trans*. As you can imagine, Tuesday was not a good day for Trans* Jersey.

However, the two reports put the States’ debate into perspective and meant that we did not vent our disappointment over the States’ decision by calling-out politicians on Facebook or Twitter as some did. Apart from acknowledging that there might have been any number of reasons why a States’ member voted against same-sex marriage, such as feeling ill-prepared for the debate, there is another reason why we should be moderate in our response to setbacks in the struggle for equal marriage.

Nobody in the States’ chamber on Tuesday was homophobic. Those who have been the victims of homophobia, transphobia or biphobia know it when they see it. *Phobia isn’t an off-colour joke or a misuse of a pronoun or a disagreement over equal marriage. It is a deep-seated hatred of LGBT people that makes a person capable of acts of verbal or physical cruelty to the target of his or her hate. Until you have been the victim of a hate crime, you cannot know *phobia. There is something in the eyes, something in the tone of voice, that LGBT people recognise as *phobic. It’s when the adrenalin starts pumping and the body goes into fight or flight mode.

When a white, heterosexual, male calls people who don’t share his political view on same-sex marriage “homophobic”, he needs to be very careful. Overuse and misuse of any word can remove its power. Homophobia, transphobia and biphobia are important words to the LGBT community for they are they only way we have of describing the most heinous of crimes against us. These words must not be cheapened by those who are unlikely ever to be the target of a homophobic, transphobic or biphobic attack.

Trans* Jersey would like to say to our allies: thank you for your support, thank you for fighting for equality for us, thank you for being allies, but please be careful of the language that you use when you speak on our behalf.

rallykingstreetAnd then, on Saturday 12 July 2014, this happened. Estimates of the number of people who turned out vary but there were certainly hundreds, possibly 1,000 people there. King Street was filled with love, pride and lots of rainbows for what was Jersey’s first ever LGBTQ rights march or equality rally or pride parade. In the end, nobody was sure what it was and, actually, it didn’t seem to matter. We were there to show that we exist. Every human population has an LGBT community. Visible or forced underground, it is there. Our detractors conveniently forget that fact but, sometimes, we do too and when we do, even an island of 9 miles by 5 miles where “everyone knows everyone”, can seem like a lonely place. Saturday was about reminding ourselves that we aren’t alone, that there are others like us, others who also share our desire for equality.

Rallies often don’t accomplish much but this one felt different. This one felt like a moment of change. Maybe because, during the week, the feelings of anger towards the States for their decision dissipated and were replaced with a feeling of solidarity. Trans* Jersey thanks the organisers of Saturday’s event for being the catalyst that brought us all together in Liberation Square. Every LGBT person in Jersey now knows, for sure, that there is a community here to which they belong and who will stand up for their beliefs in a fair and equal society.

Trans* Jersey

Open letter to all States of Jersey members from Liberate

This is the full version of Liberate‘s excellent letter to all members of the States of Jersey on the subject of Deputy Sam Mézec’s proposition:

I write on behalf of LIBERATE in support of Deputy Sam Mézec’s proposition lodged at the States Greffe on Wednesday 28 May 2014 petitioning the States of Jersey to introduce equal marriage in the Bailiwick of Jersey.

LIBERATE is the first Channel Island charity to support the islands’ Lesbian, Gay, Bisexual, Transgender and Questioning Community (LGBTQ).

Who we are

Liberate is an inclusive Group, which welcomes people irrespective of sexual orientation, gender identity, religious belief, race, gender or disability. We are a local charity and were founded on 15 February 2014 in Guernsey.

Liberate is made up of a virtual rainbow of people from every different gender and sexual identity you could possibly think of. With such a diverse background we can operate on many different levels as we all bring something different to the group.

Our vision

Our vision is simple. We believe in a Fair & Equal society, where everyone is born equal and free, and treated with dignity and respect no matter what their gender, gender identity, sexual orientation, disability, belief or race.

Article 1 of the United Nations Declaration of Human Rights states: “All people are born free & equal in dignity and rights”.

Children do not know racism, sexism, homophobia, biphobia, transphobia, unless they are taught it and government has a responsibility to ensure that it sends a clear message to communities that discrimination in all its forms is not acceptable.

Our purpose

The purpose of Liberate is to educate and inform on a wide range of issues and to support those who identify as LGBTQ, their families and friends.

We campaign to reform some of Guernsey’s policies and laws to ensure that LGBTQ people can enjoy the same freedoms as everyone else in the Bailiwick of Guernsey. We also lend our support to the LGBTQ community in Jersey and are affiliated to Trans*Jersey.

We question social attitudes and behaviours which discriminate against LGBTQ people, and offer advice and help in tackling homophobia, biphobia, transphobia, etc.

Our aims

We will petition and work with government to:

  1. Introduce Equal Marriage Legislation
  2. Give transgender people full access to services to allow them to transition to their gender identity
  3. Introduce anti-discriminatory legislation or an Equality Act which addresses homophobic, biphobic and transphobic hate crime
  4. Reform laws and policies such as income tax legislation to ensure that they are non-discriminatory

Since our website www.liberate.gg was launched we have had over 1,000 signatures in support of equal marriage in the islands. We have also achieved one of our aims in Guernsey of having transgender reassignment surgery funded by the States of Guernsey. We also:

  • Support the local Lesbian, Gay, Bisexual, Transgender and Questioning community, their families, friends and carers through a wide range of initiatives.
  • Educate and inform society through outreach and Public Awareness campaigns.
  • Fight to ensure that everyone is treated fairly and equally under the law, and that no-one is left behind.
  • Challenge discrimination in all its forms in our daily lives, whether it is working in a voluntary capacity for Liberate, at work, socially, etc. We will not be bystanders.
  • Act as Ambassadors for Equality and Diversity in our daily lives.
  • Work with other organisations, charities and non-governmental organisations to promote equality and fairness in our society and facilitate positive change in social policy.
  • Respect the dignity and rights of others at all times, whether we have differences of opinion or belief, or not.

The Free & Equal Campaign

The United Nations Human Rights Commission recently launched its Free & Equal Campaign which is partly aimed at world governments to ensure that they do not actively discriminate through legislation and policy, as well as encouraging the LGBTQ community to speak out and have a voice.

The LGBTQ community have historically been persecuted, tortured and executed[1]. Indeed 81 countries still classify homosexuality as a criminal offence. It is only in recent history that it was decriminalised in our society, and not until the early 1990’s that the World Health Organisation declassified homosexuality as a disease. We hope that you can therefore appreciate how difficult it is for the LGBTQ community to be visible and speak out against social injustice.

Deputy Mézec’s Proposition

Deputy Mézec’s proposition is an important step for Jersey in ensuring that each and every one of its citizens are free and equal in dignity and rights.

Jersey recently made an important step in terms of tackling discrimination with the introduction of its Discrimination Law. We see the introduction of equal marriage in Jersey as a natural progressive step towards that goal. Failure to do so will deny approximately 10% of the population the right to marry, and be totally at odds with Jersey’s current social policy in terms of discrimination.

Guernsey’s Chief Minister has already assured LIBERATE that he will bring a report to the States of Guernsey before the end of this political term proposing the introduction of a Union Civile for all couples who wish to marry. Under the proposed law, it will be the choice of those getting married whether they chose to then have a blessing or humanist celebration.

We hope Jersey does the same.

The England and Wales Equal Marriage Act caused problems for transgender people over the so-called Spousal Veto. It allows their spouse to refuse to permit them to have a Gender Reassignment Certificate, which would convert the marriage from opposite-sex to same-sex.  We prefer the Scottish Same Sex Marriage Law of 2014 model which overcomes that “veto”.

Winning Hearts and Minds

LIBERATE acknowledges that changing laws and policies is only part of the solution to changing societal attitudes towards the LGBTQ community.

Together we must win the hearts and minds of those who through ignorance, intolerance, and hatred, discriminate against various sections of our community. It is that intolerance which can divide families, friends and colleagues, and damage the very fabric of our society, with consequential harm to individuals and cost to government and other third party agencies. The LGBTQ community is widely acknowledged to be twice at risk of harm of anxiety, depression, substance misuse, self harm and suicide because of the affects that prejudicial attitudes have.

Changing laws and policies sends out a very clear signal to society of what is acceptable and what behaviours are not.

Our commitment to the States of Jersey is that we will work and co-operate with government locally in terms of ensuring that the universal principle of fairness and equality for all applies within our islands. Whether it be in changing laws and policies, or helping States departments in developing social policy strategies which promote equality and inclusion and celebrate the importance of diversity.

We ask you to vote “Pour” in favour of Deputy Mézec’s proposition.

Yours faithfully
Martin Gavet
Hon. Chairperson
LIBERATE

[1] Including an estimated 100,000 LGBTQ people who were victims of the Nazi Holocaust.

 

The JEP report from Tuesday 17 June 2014:

Liberate 170614