The infographic from TotalJobs’ recent survey of trans employees shows that things are getting better in the workplace but there is still work to be done. Recent high profile positive media events, such as the success of TV shows like “Transparent” and “Boy Meets Girl”, seem to have had a knock-on effect in the workplace in terms of raising awareness about trans issues. You can read more about the survey results here.
On 27 November 2014, the Channel Island charity Liberate (supported by Trans* Jersey) is holding its first Rainbow Mufti Day and they are encouraging businesses, government offices, schools, places of worship, clubs and associations in the islands to get involved. Liberate are asking all Channel Island workplaces to fly a rainbow flag or allow their employees, members or pupils to dress in brightly coloured clothes to show the world that the islands support equality.
This year, Jersey has introduced the first of its anti-discrimination laws that protects all islanders’ from discrimination on the basis of race. Next year, the law will be extended to offer protection on the grounds of gender, sexual orientation and gender reassignment. Following that, protection for age and disability will be introduced. Liberate’s call for Jersey and Guernsey to show their support for their employees, members and pupils no matter what their race, gender, sexual orientation, gender identity, belief, age or disability is, therefore, timely.
It is also no coincidence that the day marks the anniversary of, San Francisco city supervisor, Harvey Milk‘s assassination in 1978. Milk was an early campaigner for equal rights for the gay community of the city and the first openly gay US citizen to be elected to public office. Thankfully, we live in a more enlightened age now and there are many LGBTQ people in public life. However, inequalities for minorities within society still exist and Liberate is prompting Channel Islanders consider some of these on 27 November 2014 and to then take steps to make changes that make their workplace more inclusive.
Although the rainbow flag is strongly associated with the LGBTQ community, its symbolic meaning is one of inclusion and equality for all. It was designed by San Franciscan, Gilbert Baker in 1978 and has undergone several revisions since. The modern flag has six predominant stripes, each colour carrying a different meaning: Red – Life. Orange – Healing. Yellow – Sunlight. Green – Nature. Blue – Serenity or harmony. Violet – Spirituality.
Liberate are hoping to make Rainbow Mufti Day an annual event so, if you don’t have a rainbow flag, why not get one this year that can be used again, and again! Flags can be obtained by emailing admin@transjersey.org. We have a supply of 5ft x 3ft flags for £5.00 and 3ft x 2ft flags for £4.00 each (the price includes a small donation to Liberate’s funds). We can also order other sizes if your flag pole requires it!
If you would like to raise money to help Liberate’s work, why not take up a collection from those not wearing something brightly coloured on 27 November or bake rainbow cakes to sell? To find out more about Liberate’s work and how to donate, please visit: www.liberate.gg
You can download a poster here (large size – suitable for office laserjets : small size – suitable for home inkjets) that you can use to advertise the event.
Liberate hopes you will show your colours on 27 November 2014 with others across the islands by joining in this initiative.
Pink News: Friday 29 August 2014
BBC Radio Jersey: Sunday 31 August 2014 (timecode: 02.09)
Channel Island equality charity Liberate and affiliate group Trans*Jersey welcome the States of Jersey’s consultation on equal marriage and partnership.
Jersey’s Chief Minister, Senator Ian Gorst, launched a public consultation on equal marriage and partnership on 20 August 2014 that will run until 22 October 2014.
Following their meeting on 29 July 2014 with Senator Gorst, Liberate and Trans* Jersey are pleased with the results of the first stakeholder meetings and the options for equal marriage in Jersey arising from those initial discussions being put forward by the Chief Minister.
Jersey Co-ordinator for Liberate Vic Tanner Davy said:
“The options being offered to the public are ones that Liberate and Trans* Jersey supports and we have already responded positively to the suggestion that Jersey introduce same-sex civil marriage and same-sex religious marriage. Although truly equal marriage would be represented by the Union Civile, we have moved away from that position because of the disturbance that its introduction would cause to the long-standing relationship of the Church of England to the Crown and the State, something that would necessitate a much bigger and longer constitutional debate.
“We are also supportive of the proposal to open up civil partnerships to opposite-sex couples. In the interests of equality, this is the only fair thing to do. It is something that the UK has not done and for Jersey to be considering this option shows how committed the Chief Minister and his department are to ensuring we get this right as an island.”
The consultation document also addresses the question of whether adultery as grounds for divorce in a marriage should be removed or redefined to ensure that same-sex couples are treated equally. The current legal position is that an opposite-sex marriage can be ended by adultery but a same-sex civil partnership cannot.
“On the question of adultery, we would like to see adultery as grounds for divorce in a marriage removed because that would equalise the grounds on which a marriage or civil partnership can be dissolved. In so doing, it would no longer relegate the sexual congress of same-sex couples to something less than that of opposite-sex couples.
“Adultery is just as emotionally damaging to same-sex relationships as it is to opposite-sex relationships but it can be covered in law by citing the grounds for divorce/dissolution as “unreasonable behaviour”. We feel that all marriages and civil partnerships would be protected from sexual infidelity via this route and, therefore, removing adultery is appropriate in the interests of equality.”
Liberate congratulates the Chief Minister and his department on the sensitivity with which they have worded the consultation and the research they have undertaken, in a very short period of time, in order to produce a comprehensive document that covers all the main permutations for equal marriage and partnerships. The consultation paper is balanced and, as far as possible, gives equal weight to the considerations of both the LGBTQ community and those religious groups who feel they cannot solemnise same-sex marriages in their place of worship.
Martin Gavet, Chairman of Liberate, said:
“Liberate is an inclusive group and we welcome members regardless of race, gender, disability, religious belief, gender identity or sexual orientation. It is, therefore, very important to us that religious groups have a means to opt-out of performing same-sex marriages and their freedom of religious belief is maintained. The options put forward by the consultation paper make it clear that places of worship will be able to opt-out in line with the position of their organisation. Having said that, we also hope that in time religious organisations, which currently oppose same-sex unions, will grow in their understanding of LGBTQ issues and the spiritual needs of some of the LGBTQ community.”
Jersey Evening Post: Friday 22 August 2014
Channel Television: Friday 22 August 2014
BBC Radio Jersey: Friday 22 August 2014
Channel 103fm: Friday 22 Augusts 2014
Channel Island equality charity Liberate is pleased to announce that its Jersey branch is now up and running.
The Jersey branch of Liberate held its first meeting on 19 August 2014. Amongst other issues, the meeting discussed the forthcoming draft of the sex discrimination law, the equal marriage and partnership consultation that was launched on 20 August 2014 and the need for a social focus for LGBTQ people in Jersey since the closure of the island’s last gay nightspot a number of years ago.
Liberate was formed in February 2014 in Guernsey and it was always the intention that there should also be a Jersey branch of the charity. Liberate Chairman, Martin Gavet, is thrilled that the charity is now truly pan-island.
“We are delighted at the news that a Jersey branch of Liberate has been established. In the short time since Liberate was founded in February 2014, we have achieved a lot for the Lesbian, Gay, Bisexual, Transgender, and Questioning (LGBTQ) communities within the Channel Islands.
“We have already met with both Chief Ministers in Guernsey and Jersey about reform of laws and policies to ensure that our islands treat everyone fairly and equally under the law in dignity and rights. We are committed to uniting communities across the islands, and are an inclusive and apolitical charity.
“We do not discriminate on grounds of gender, gender identity, sexual orientation, race, disability or belief. It is great that Jersey now has formed a branch of Liberate to help to support the LGBTQ community in our sister-isle. This is a shining example of how the islands can work together on important issues affecting Channel Islanders’ daily lives”.
Co-ordinator for Liberate’s Jersey group, Vic Tanner Davy, said:
“We are looking forward to working with the committee in Guernsey on issues that affect both islands, such as the provision of LGBTQ care in old age, and educational programmes that can be delivered in schools in Jersey and Guernsey. LGBTQ rights have come a long way but there is still work to do as demonstrated by the two big political consultations that are happening currently that directly affect our community.
“We also want to provide support to those who may be questioning their sexuality and one of the ways to do that is to create a safe social space. To start to grow that initiative, we are planning a social event on 20 September 2014 at Ce Soir to try to bring back some of the community spirit that used to exist when Cosmopolitan was a social hub where people who were just coming out could go and feel safe.
“There are a lot of positive things happening for LGBTQ people in the islands at the moment from Jersey Pride to the equal marriage and partnership consultation that was launched today. It feels like the right moment for Jersey and Guernsey’s LGBTQ communities to work together to support these initiatives and to make the change happen that we want to see.”
Details of the Ce Soir event can be found on Facebook.
Liberate Jersey can be contacted at hello@liberate.gg
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:
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.
Get 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
This week Guernsey moved a step closer to equal marriage with a clever proposal for a Union Civile law that would remove religion from laws related to marriage. You can read more about the story here or visit Liberate’s website for more information about the work they have been doing.
The proposed law would mean that all those who wanted to marry would do so in a civil ceremony. Thus, in one bold stroke, all marriages between two people, irrespective of their sex or gender, would be equal in Guernsey. The ability to legally marry a couple would be removed from religious organisations, which would also remove the knotty question for people of faith as to whether their church should “allow” same-sex marriage.
Under the proposal, there would be nothing to stop a couple celebrating their wedding through a religious service after they had legally tied the knot civilly. Under current EU legislation, there is no means by which a religious organisation could be forced to offer a celebratory service to a same-sex couple if it is against their religious beliefs. This should satisfy the churches that the legislation does not stop them from celebrating marriages as they understand them in the way that they wish.
Trans* Jersey stated that we would be in favour of adopting the Scottish model for same-sex marriage legislation, but this new development from Guernsey is even better. It does away with the UK system of two laws, one for opposite-sex couples and one for same-sex couples, in favour of one law for everyone.
We are in favour of adopting Guernsey’s proposal here in Jersey as it would solve the problem that trans people have when they transition within a marriage. Under Guernsey’s proposal, the marriage stays intact and the transition has no effect on its status. This also resolves the problem, perceived by some, that a person’s transition alters or diminishes the partnership somehow. Under this proposal, there is no alteration of the partnership and, therefore, the spouse has no reason to require a veto to stop their partner’s transition.
Deputy Sam Mezec lodged a proposition with the States of Jersey this week to debate same-sex marriage in July. We will have to wait for more news on what Jersey’s proposed legislation will look like, but Trans* Jersey hopes that it will resemble Guernsey’s forward-thinking and elegantly simple proposal.
The following is taken from a paper produced in May 2014 by the UK charity, GIRES. It is a useful summary of the issues facing trans* citizens and the groups working with them for equality.
Introduction
The numbers of transgender people presenting for medical treatment is increasing by 20% pa. This figure rises to 50% for young people. EHRC estimates that 1% of the population fall under the protected characteristic of gender reassignment.
Transgender people are the victims of unequal treatment under the law. This sets a dreadful example and fuels the discriminatory and sometimes violent and abusive treatment experienced by many trans people.
The current government has chosen to ignore a growing cohort of younger people who do not identify with the gender binary. Many such people have no protection under the 2010 Equality Act and have no mechanism to get appropriate ID. In effect they are being excluded from Society.
Surely in 2015 equality and enjoyment of full Human Rights shouldbe an entitlement of all?
A course of action is requested to achieve the following end state:
(a) having no legislation permitting discrimination on the grounds of gender identity or non gender binary identification;
(b) truly equal marriage;
(c) abolition of the 2004 Gender Recognition Act and new processes for gaining appropriate ID;
(d) education for younger people to eliminate prejudice in the longer term; and
(e) new medical treatment models to cope with the rapidly increasing numbers presenting for treatment.
Government must come to realise that people cannot be categorised into neat boxes and its obsession in trying to do so is making life very difficult for many!
A summary of requested actions is given below. [More detail on each section can be found in separate posts]:
1. Legislative revisions [More detail on this can be found here]
Equality Act 2010: Remove any rights to legally discriminate against transgender people. Grant protections to those who do not fit into the gender binary.
Gender Recognition Act 2004: Trans people find the process of having their assertions of gender incongruence checked for truth by the Gender Recognition Panel a degrading and patronising (and also expensive and protracted) process. The Act was introduced to address the lack of same sex marriage in the UK and is no longer relevant, and indeed divisive. Given that gender related discrimination is no longer permitted in the UK, a legal change of gender on birth certificates should be a self driven administrative process.
Marriage (Same Sex Couples) Act 2013: The Spousal Veto must be removed if this remains in the Act when the trans marriage regulations are passed later in 2014. The marriages of couples who were forced to annul and subsequently formed civil partnerships should be reinstated. Government assertions “that the past cannot be rewritten” are hollow given that birth certificates, and soon marriage certificates, can now be altered.
Matrimonial Causes Act 1973: Section 12(h) (non disclosure of gender history) must be withdrawn. Under this provision trans people are singled out for treatment not applied to any other group. Furthermore, as one does not have to disclose (for example) that one is a convicted murderer or married to another) before having sex, why can one be imprisoned for not doing so if one has a trans history?
Application of EU law to pension claimants: Despite very clear and well established superior European Court of Justice case law, the Department of Work and Pensions, supported by some but not all Courts, continues to act unlawfully towards some transgender pension claimants.
2. Non gender binary issues [More detail on this can be found here]
Marriage laws: Gendered language in ceremonies should be optional.
Passports: The introduction of the X marker on passports is long overdue. The conclusion of a recent Passport Office report on this topic was that there is no demand for X markers contradicted the evidence it received.
Birth Certificates: As part of the new provisions following the Gender Recognition Act a mechanism should be introduced to allow the sex classification to be removed or changed or an “X” category added.GIRES encourages direct communication with the appropriate communities.
3. Education [More detail on this can be found here]
It is the experience of GIRES that many in government do not understand the difference between sexual orientation and gender identity. This is vividly demonstrated by married trans people and their spouses “being shoehorned into arrangements for gay and lesbian people” (evidence: Commons Committee Stage, Same Sex Marriage Bill). However, the route to combating transphobia longer term is to introduce awareness training on diversity, early in the education process, in schools.
4. Medical treatment of trans people [More detail on this can be found here]
Despite some recent progress in improved treatment protocols, the growing numbers presenting for medical help are now overwhelming the specialist clinics. Although gender dysphoria is no longer accepted as a psychiatric condition, treatment generally remains under the control of specialist clinics led by psychiatrists. Inappropriate treatment and increasing delays are harming transgender people. New treatment models must be implemented to ensure timely and flexible treatment packages that make best use of the funds available.
Trans* Jersey’s response to the proposals in GIRES’ report
Because so much of Jersey’s transgender and transsexual population’s experience is as a result of having treatment in the UK or acquiring their gender recognition certificate from the UK, these issues affect us, too. Trans* Jersey, therefore, wholly supports the aims and proposals of GIRES and the other trans* organisations working to reform the law in the UK.
To find out more about how Jersey trans* individuals are affected by each of the four proposals listed above, click on the links to more detail where we outline the proposed change in greater depth and explain how we would like to see the States of Jersey tackle these issues.
There is very little chance that you will be able to keep your transition a secret in Jersey. The island is small and news of your transition will travel quickly around your friends, family, colleagues and, surprisingly, even people who you don’t know! If you want to transition privately, your best option is to leave the island for a city. However, before you take that step, consider the pros and cons carefully:
Pros
Cons
Jersey is a conservative place but it is also, by and large, a tolerant place. The island’s population is a well educated one – our schools consistently get above UK average grades. There are very few hate crimes and people are able to go about their business without interference. Islanders may like to gossip and some of the attitudes you encounter may be a little behind the times but, rarely, are they malicious. The new anti-discrimination legislation due to come into force in September 2015 should improve this situation through education and awareness campaigns. There are worse places in the world to be open about your gender or sexuality.
Telling people
Because news will spread fast in Jersey, you need to plan the order in which you inform people of your transition. You will find that most of your acquaintances will be accepting and supportive of your decision to transition. However, you don’t want to jeopardise that goodwill by people hearing of your news secondhand. We would suggest the following order as a starting point:
Transition management at work
In the workplace, you should expect the following considerations from the manager that you first approach with the news of your transition:
In consultation with your manager, agree on the plan for telling your colleagues. You should plan to tell colleagues within a matter of days from telling your manager. There should be no reason for the manager to delay:
Below is a sample email that can be adapted by you and your manager to send to other employees:
I have been asked by John Bunbury to write to you to inform you that he is starting a process of gender reassignment from male to female.
From [date], his name will change from John to Elizabeth (Liz). Liz has also asked to be referred to by female pronouns (she, her, hers) from this date.
I ask all employees to respect Liz’s wishes and to use her correct name and pronouns. I also ask that you respect Liz’s right to privacy and that you do not discuss this with other employees. Should you wish to discuss the matter, please arrange to see me in confidence.
[Optional] A presentation about gender issues will be held on [date], which all employees are expected to attend. Further details to follow.
[Optional] Liz is currently on holiday and will be returning on [date].
Toilets and changing rooms
One of the areas that gets people into difficulties is communal facilities that are gender segregated. You should expect to receive the following courtesies from your manager:
If your manager does not get this right, be patient with them because it will be due to lack of experience in dealing with trans* issues. Explain that you are the most vulnerable person in this situation not your colleagues and that using facilities designated for the opposite gender is one of the most daunting aspects of transitioning. Remind them that:
Uniforms
If your organisation has a uniform:
Health and safety
If appropriate to your work and your transition, you should discuss the following issues with your manager to ensure that they are aware that some of your duties may need to be adjusted as your transition progresses:
Finally, Jersey does not currently have appropriate legislation to protect trans* workers’ rights. This is due to be introduced in September 2015. However, the States of Jersey appear to be modelling their new law on the UK Equality Act, so be aware that:
Guides to managing your transition at work –
UNISON
GIRES
Stonewall
a:Gender
National Institute of Economic and Social Research
The Association of Graduate Careers Advisory Services
Trans* Jersey 