Political consultation

Trans* Jersey

Medical treatment of trans* people

Because there are no specialist gender healthcare professionals in Jersey, all trans* islanders have to go abroad for treatment. Most will, at least initially, go to the UK. Therefore, any issues that trans* organisations have with the UK healthcare system are shared by Jersey trans* individuals.

In addition to producing a report on the health of trans* individuals, GIRES also identifies three main areas of concern:

Multiple referral for treatment 

Current treatment protocols often require two referrals before cross sex hormones, or chest reconstruction, or genital surgery, etc are authorised. This causes delays. No other medical treatment requires two referrals so why are trans people singled out for a “special” treatment protocol.

Man and psychiatristRefusal to treat

If a trans person has been treated for gender dysphoria in the private system or overseas, that person’s treatment on the NHS may be delayed. No other such patient is refused treatment on the NHS for any other condition.

Health providers must be challenged to provide the equality analysis that justifies treating trans people in a different manner from other service users.

Delays in receiving treatment for young people

A young trans person can benefit hugely from an early medical intervention to ensure that the damage done, both physically and psychologically, from an inappropriate puberty can be minimised, where there is a clear clinical need established.

Delaying treatment for young people can have a disproportionate impact. A delay of (for example) three years in treating a 30 year old gender dysphoric person will not significantly change the physical outcome on the transition as the individual will have already developed adult sexual characteristics. However, for the 11 year old, the situation is completely different. However, both patients will suffer psychological stress due to the delay.

Again, Health providers must be challenged to provide the equality analysis that justifies treating trans people in a different manner from other service users.

As we have stated elsewhere, it should be noted that Jersey trans* people can avoid some or all of the above problems if they have the resources to navigate the system privately or semi-privately. In which case, they may not find the above to be an issue in their transition.

Trans* Jersey

Equal marriage support

Trans* Jersey supports Deputy Sam Mezec’s call for the States of Jersey to pass legislation to legalise same-sex marriage. Trans* Jersey goes further and would support a move for the island to model its law on Scotland’s equal marriage legislation.

We support equal marriage because, as the law currently stands in Jersey, a transman or transwoman in a marriage or civil partnership and wishing to legally transition (by acquiring a gender recognition certificate (“GRC”)) must first obtain a divorce from their spouse. Divorce and re-marriage (via a civil partnership or marriage, depending on which way you are going!) carries with it not just costs but implications for the continuation of legal documents, such as wills, and pension provisions.

This is the only known example where the law requires someone to forgo one right (the right to remain married to their partner) in order to access another (the right to private life afforded by the Gender Recognition Act). This anomaly has led to some transsexual people in the UK deciding not to acquire a GRC, as they argue their marriage vows were for life and they object to the idea that their partner (by remaining with them and true to those vows) would be unfairly treated by dissolving the original bond.

When Scotland was considering equal marriage legislation, James Morton of the Equality Network and Scottish Transgender Alliance released this video explaining why equal marriage matters to trans and intersex people. Trans* Jersey agrees with the points he made.

When England introduced the Marriage (Same Sex Couples) Act 2013, they got it wrong. They included what has come to be called the Spousal Veto, a clause that allows spouses of transgender people to effectively stop them from legally transitioning (i.e. acquiring a GRC). Sarah Brown, the LibDem politician and trans* activist, explains why this is a problem here.

When Scotland passed its legislation, the Marriage and Civil Partnership (Scotland) Act 2014, they got it right. They removed the need for transgender people to dissolve their marriage before be able to acquire a GRC; they have enabled people to have gender-neutral marriage ceremonies; and they secured the removal of the spousal veto.

An explanation from the Equality Network on what Scotland’s recently passed equal marriage bill will mean for trans and intersex people.

The Equality Network is a Scottish lesbian, gay, bisexual and transgender (LGBT) equality charity: http://www.equality-network.org

Trans* Jersey

Trans* studies and reports

Studies and reports of relevance when considering anti-discrimination legislation –

GIRES report on trans mental health in the UK (2012)
TGEU and ILGA-Europe report highlights legal and healthcare issues in the EU (2012)
National Center for Transgender Equality and National Gay & Lesbian Taskforce report on transgender discrimination in the USA (2011)
GIRES report on gender variance in the UK (2009)
The Equalities Review report on UK trans* people’s experiences of inequality and discrimination (2007)

Studying-book

Trans* Jersey

States of Jersey consultation on sex discrimination

The States of Jersey are currently asking for comments from the public on the next phase of the island’s discrimination legislation, so called sex discrimination. They have published a consultation paper, which can be downloaded here.

The next phase of the legislation is due to be debated later this year with a view to it becoming law in September 2015. The consultation process closes on 30 May 2014 and responses will be published on 29 August 2014.

The consultation paper outlines the main areas for debate:

  • Sex
  • Pregnancy and maternity
  • Sexual orientation
  • Gender reassignment
  • Marriage and civil partnership

Trans* Jersey is most interested in the States’ proposals for gender reassignment. We have therefore requested involvement in any forum convened by the States to discuss the proposed legislation.

We are concerned by a number of aspects of the States’ consultation document:

1. The adoption of the UK Equality Act as the model on which to base Jersey’s legislation. This Act has been in place for 4 years in the UK and campaign groups have highlighted a number of problems with it. The LGBT Consortium have called for a review of it and the Gender Recognition Act.

2. The language used in the document’s section on gender reassignment especially when talking about a person “completing” their transition.

3. The suggestion within the consultation that an exception should be made to permit discrimination against trans* people to occur in the case of “the provision of communal changing facilities or shared accommodation”.

4. The confusion of the term “sex” with “gender” throughout. Man/woman refers to a person’s gender. Male/female refers to person’s sex.

5. The assumption that there are only two sexes or genders.

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 gender reassignment discrimination.

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

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

Please let us know whether you would be interested in being involved in any face-to-face discussions with the States as part of a Trans* Jersey group.