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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

Healthcare gatekeepers

These are the main healthcare professionals you will need to deal with in your transition. If, at any stage, you find you cannot get on with your healthcare provider, or you are not confident in their abilities or the advice you are being given, seek to change. Not all healthcare providers are skilled or experienced with trans* patients and their issues, so make sure you are seeing someone who is or, if they are not yet skilled, someone who is sympathetic to your situation and willing to do their research. Don’t assume that because your GP is unhelpful, all GPs will be unhelpful – it doesn’t work like that! For every GP who does not want to deal with trans* patients, there are many more supportive and interested ones.

Things you can do to help
There are a number of things that you can do to help with your consultations:

  • Do your homework about transitioning so that you become knowledgeable about the process and can plan ahead
  • Prepare for consultations by knowing what you want to get out of the interview
  • Be clear and concise in the consultation – don’t ‘kitchen sink’ – realistically doctors can only deal with one or two issues at a time
  • Stay calm and stick to the facts – try not to get emotional as it won’t help you think or communicate clearly
  • Be patient with the professional if they ask you to recap your history for them, or they are new to trans* issues, or they don’t seem to understand what it is you are asking them to do
  • Double-check with the healthcare professional if you think something isn’t right – they are human and can make mistakes, too
  • Don’t be afraid to ask the healthcare professional to explain something you don’t understand, and to ask again if you still don’t understand it
  • Finally, become the expert on you and your transition

Your Jersey GP or doctor
Their role in your transition is one of co-ordinator and referrer to the various agencies that you need to access. You can expect them to undertake the following tasks for you:

  • Providing a non-judgemental sounding-board for all and any healthcare concerns you might have during your transition
  • Researching the options available to you and providing you with a choice of options and their implications
  • Writing a letter of referral to a gender therapist (if going the private route into the UK system)
  • Writing a letter of referral to a Jersey psychiatrist (if going the public route into the UK system)
  • Writing a letter of referral to Jersey’s endocrinologist
  • Writing letters of referral to surgeons specialising in gender reassignment techniques (if going the private route)
  • Writing prescriptions for hormone therapy (if not being done through the endocrinologist)
  • Writing a letter of confirmation that you are undergoing gender reassignment for those authorities that require it
  • Providing pre-surgery confirmation that you are physically fit to undergo surgery
  • Taking blood samples as requested by your other healthcare providers
  • Liaising with your other healthcare providers to share information about your transition
  • Monitoring your transition by taking an interest in your general well-being and progress

Your Jersey psychiatrist (if going the public route into the UK system)
Your Jersey psychiatrist will not be a specialist in the field of gender care. The demand for gender care in Jersey is not big enough to warrant a specialist being employed. Their role in your transition is one of referrer to the Charing Cross Gender Identity Clinic in the UK. You can expect them to undertake the following tasks for you:

  • Providing a non-judgemental stance on your desire to transition
  • Providing you with a choice of options and their implications
  • Writing a letter of referral to the Charing Cross Gender Identity Clinic
  • Writing a letter of referral to Jersey’s endocrinologist (or your Jersey GP might do this)
  • Liaising with your other healthcare providers to share information about your transition

Your gender therapist
Some trans* people don’t strike up a rapport with their therapist at the first go and this makes it hard for them to have confidence in the advice they are being given. This may be to do with the manner of the therapist or it may be to do with the preconception that some trans* people have about their gender therapist. Unfortunately, some trans* people see their gender therapist as the person with the ultimate power to say ‘no’ to their desire to transition, which immediately sets up a confrontational or defensive position. This is not how you should approach gender therapy. Gender therapy is your opportunity to explore whether transitioning is right for you. If your gender therapist asks you difficult questions sometimes, it is because they want you to think about aspects of transitioning you have not considered, or not considered fully. It is not because they are blocking you from accessing treatment. Respect your therapist’s experience in their field and work with them to achieve your goals. If you have given the therapist a chance to build a rapport with you and it is still not happening as you would wish, seek to change.

You can expect your therapist to undertake the following tasks for you:

  • Providing you with a resource to test the feeling you have that you are transgender
  • Explaining the options available to you and providing you with a choice of options and their implications
  • Working with you to plan your transition and to suggest the order of steps to be taken to transition
  • Writing a letter suggesting a course of hormone treatment, the starting dose and progress of dosage to your GP or psychiatrist in Jersey
  • Writing letters of referral to surgeons specialising in gender reassignment techniques
  • Writing a letter of confirmation that you are undergoing gender transition for those authorities that require it
  • Liaising with your other healthcare providers to share information about your transition
  • Monitoring your transition by checking your mental well-being at intervals

DoctorYour endocrinologist
Their role in your transition is to prescribe and monitor your hormone therapy to ensure that your body is absorbing the prescribed hormones at the correct rate and the changes that those hormones bring about are happening. You can expect them to undertake the following tasks for you:

  • Writing prescriptions for hormone therapy (if not being done through your GP)
  • Taking blood samples or requesting you arrange with your GP to take blood samples at intervals
  • Liaising with your GP to share information about your transition
  • Monitoring your hormone levels to ensure that they are normal
  • Providing advice on the affects of hormone therapy on your body

Your surgeon
Their role in your transition is to provide you with the selected reconstruction surgery that you require to assist the hormone therapy with the physical changes to your body. You can expect them to undertake the following tasks for you:

  • Writing or advising on the prescriptions you need following surgery
  • Taking blood samples or requesting you arrange with your GP to take blood samples pre/post-surgery
  • Liaising with your GP to share information about your transition
  • Performing the surgery you have requested, as you have requested it and to the highest standard
  • Monitoring your progress post-surgery until you are discharged from the hospital
  • Providing pre-surgery explanations and advice on the affects of the surgery on your body
Trans* Jersey

Help in Jersey

The first place any trans* person should go for support is their doctor or GP. If you do not think your GP is comfortable handling your case, do not be afraid to change to another GP in the practice or move practices. Your GP is the gatekeeper to many of the trans* services and medical procedures you will need to access so their support is crucial.

For those trans individuals who are going the public healthcare route into the UK system, the Community Mental Health Service (Adult Mental Health or Child and Adolescent Mental Health) at La Chasse is where their GP should refer them and where their psychiatrist will be based. For those wishing to see a psychiatrist privately, there are several practitioners in Jersey who have clinics at The Little Grove, St Lawrence. However, patients will still need to be referred there by their GP.

For those trans individuals who elect to undergo hormone therapy, the Department of Metabolic Medicine at Overdale is where their GP should refer them and where their consultant will be based. For those wishing to see an endocrinologist privately, there is a clinic at The Little Grove, St Lawrence. However, patients will still need to be referred there by their GP.

If you are unsure what you should do and just want to talk to someone in confidence, the Jersey branch of the Samaritans can be telephoned on 725555 or 08457 909090 or contacted by email at jo@samaritans.org

Trans* islanders seeking legal advice regarding their rights in Jersey can get free, confidential and impartial advice from the Citizens Advice Bureau.

Trans* islanders who wish to change their name by deed poll will need the services of a legal practice. Again, as with your GP, ensure that your advocate is sympathetic to your needs and do not be afraid to change if he or she does not seem comfortable handling your case.

help
As a trans* person you may be subject to discrimination or harassment as an employee or as a customer of a business. If you find yourself in this position, Jersey Advisory and Conciliation Service (JACS) can provide you with free, confidential and impartial advice regarding your rights.

Transwomen as a demographic are particularly vulnerable to physical abuse and attacks. In the unlikely event that you have been the victim of an attack in Jersey, you should call the States of Jersey Police (emergency no. 999, telephone no. 612612) as soon as possible to report the crime. If you want to speak to the LGBT community liaison officer, you should ask for PC710 Emma Poulliquen or email the LGBT community liaison team.

If you are in the UK, the Metropolitan Police give this advice for reporting a crime online and, specifically, regarding hate crime. If you are not sure whether you have been the victim of a hate crime, read the City of London Police guidelines.

Finally, when dealing with all these agencies, remember Jersey is a small place and your case may be the first of its kind for the person you are dealing with. Be patient with them and explain clearly what  you need them to do for you. You will find that most islanders are not transphobic and will do their best to help you.

Young People

If you are under 16, there are some specialist agencies in Jersey that can help you. All the agencies listed above will also help you – they are not just for adults.

If you are the victim of harassment, bullying or abuse, at home or at school, because of your gender expression, you should contact The Multi-Agency Safeguarding Hub (MASH) who work with lots of different childcare agencies to keep young people safe. They are based at the Bridge and can be contacted by telephone on 449213 or by email at enquiries-MASH@gov.je

If you just want to talk to someone in confidence about gender issues, you can contact YES by telephone on 08007 350121 (freephone) or 766628 or by email at yes@youthservice.yc.je All calls or emails to YES are treated in the strictest confidence.

Trans* Jersey

Jersey trans* law

Currently, there is only one piece of legislation in Jersey that is directly concerned with protecting transgender islanders: Gender Recognition (Jersey) Law 2010

This law deals with the process of issuing a gender recognition certificate (“GRC”), the legal effect of a GRC on existing marriages and civil partnerships, the general consequences of issuing a GRC, the prohibition on disclosure of information relating to a holder of a GRC, the requirement (or not) to alter public registers and clarification of those agencies exempt from the prohibition on the disclosure of information.

Jersey recognises that it does not have the required healthcare professionals who can make decisions based on appropriate evidence to grant an inidividual a GRC. The island, therefore, looks to bigger jurisdictions to undertake this process for its trans* citizens. Having obtained a GRC from a jurisdiction approved by Jersey, a GRC will then be granted by the Royal Court. Most islanders will, therefore, apply to the UK for a GRC, which can then be presented in Jersey’s Royal Court.

The UK’s Gender Recogntion Act 2004 covers the issuance of GRCs. The granting of a GRC is decided by The Gender Recognition Panel, a branch of HM Courts & Tribunal Service. It is formed from an administrative team and a judicial panel, made up of legal and medical members. The panel needs to be satisfied that the applicant has lived in their correct gender throughout the period of 2 years prior to the date of the application and intends to continue doing so until death. It is a matter for the panel to decide whether the medical evidence satisfies that test. The charity GIRES provides guidelines for applying for a GRC here.

law
It is to be noted that the LGBT Consortium in the UK have recently published a consultation paper stating that the Gender Recognition Act is no longer fit for purpose and requires reviewing.

Advantages of obtaining a GRC:

  • All legal documents, including your birth certificate, can be changed to your correct gender. Note: the States of Jersey will issue driving licences and passports in your correct gender without the requirement of a GRC.
  • A GRC prohibits those privileged with the information that a person is trans* from disclosing it to others. There are, however, quite a number of exceptions to this prohibition.

Disadvantages of obtaining a GRC:

  • If you are married or in a civil partnership, you will need to dissolve or annul the union before a full GRC can be obtained from the Royal Court. Note: this is not a requirement for marriages in the UK since the passing of the Marriage (Same Sex Couples) Act 2013.

New sex discrimination law

The States of Jersey launched a consultation on the next phase of discrimination legislation due to become law in September 2015. It includes gender reassignment discrimination.

This will be the second piece of legislation to directly concern trans* islanders. We therefore want hear your views in order to formulate a response to the consultation.

Please our consultation page to find out more about how you can get involved before 30 May 2014.

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.