Jersey

Trans* Jersey

UKIA-Trans* Jersey alliance

Trans* Jersey is very proud to announce that it has become an associate member of the UK Intersex Association (UKIA). The United Kingdom Intersex Association (UKIA) is an education, advocacy, campaigning and support organisation which works on behalf of Intersex people.

UKIAUKIA has the following aims:

  • to educate, inform and campaign in order to remove the shame, secrecy, social prejudice, ignorance and stigmatization that surround Intersex people;
  • to campaign against the pathologising and medicalisation of Intersex peoples’ lives;
  • to campaign against the use of surgery and other medical treatments for coercing Intersex people to physically conform to cultural definitions of “normal”;
  • to campaign against the widespread practice of withholding information from Intersex people regarding the medical implications of being born Intersex, where these exist;
  • to campaign for the same status and respect for human rights accorded to all others to be equally accorded to Intersex people.

As the above list of aims suggests, there is a lot of work to be done around educating people about what Intersex means and the reality of the lives Intersex people live, not least with the medical profession.

Many of the UKIA aims could apply equally to the trans* community, which is why Trans* Jersey sees this association with the UKIA as a good fit for the work being done in Jersey to improve the lives of all those who, for whatever reason, fall outside of the gender binary.

There are other aims that the UKIA highlights that are unique to the Intersex community and Trans* Jersey hopes to work with the UKIA to educate and inform the general public, the medical profession in Jersey and the States of Jersey about these specific requirements.

To support this work, Trans* Jersey has signed up to the following UKIA principles:

  • Total opposition to cosmetic surgery on intersex infants in an attempt to “normalise” their appearance;
  • Rejection of the concept that the human species exists as a physical binary (male & female) model and contends that anything which deviates from this stereotype is “abnormal”;
  • Accept that all individuals, whatever their identification (male, female, other etc.) are to be respected and have the right to equal opportunities both socially and occupationally;
  • Support the campaign to secure the rights of intersex people to change their birth registration to match their personal identification, rather than that which was chosen for them;
  • Rejection of the pathologisation of intersex conditions (such as the use of demeaning terminology e.g. “Hermaphrodite”, “Disorders of Sex Development (DSD)” etc.

It is hoped that together Trans* Jersey and the UKIA can make a difference to our island’s Intersex residents.

Trans* Jersey

Draft Sex Discrimination Law released

The Social Security Department has released a consultation draft of the Discrimination (Sex and Related Characteristics) (Jersey) Regulations today. The draft can be downloaded by clicking here.

The draft represents a great deal of hard work by the Social Security Ministers, Francis Le Gresley and Susie Pinel, and their team. It takes as its starting point the UK’s Equality Act 2010 but then improves upon it, taking into account areas where the Act falls short. Protection for transgender people is one of those areas and the draft has gone further than the UK in its recognition of the diversity of sex and gender by protecting both intersex and genderqueer people.

The highlights for trans* islanders are as follows:

  • Gender reassignment is a separate protected characteristic. So, even if we don’t identify as man or woman (the two genders mentioned under the protected characteristic of sex), we are still protected from discrimination (direct, indirect or harassment) because we have the characteristic of gender reassignment.
  • Intersex individuals are protected under the characteristic of sex. This is an addition Trans* Jersey asked for and recognises that there are more than two sexes and that being intersex is different from being trans*.
  • The regulations say:
      “A person has the protected characteristic [of gender reassignment] if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s gender by changing the person’s physiological or other attributes that are associated with a particular gender.”
      “A person who has the protected characteristic is known as a transgender person and persons who share the characteristic are known as transgender people.”
      “A person is a transgender person whether or not the person has or intends to have any medical intervention in order to change any attributes that are associated with a particular gender.”
  • This last paragraph protects the broadest population possible and gives protection to those trans* islanders who are genderqueer (ie. either have no wish to live as one particular gender or have no wish to fully transition to live as their recognised gender). This was something that Trans* Jersey asked for. As we know, living between genders is hard, whether through choice or because we are at an early stage in our transition. It is also when we are most likely to experience discriminatory behaviour.
  • The exceptions to prohibited acts mention gender reassignment in two places only. Otherwise, there are no exceptions, i.e. no circumstances under which it is acceptable to discriminate against a transgender person.
  • One exception is to allow religious organisations who do not wish to recruit a transgender person as a minister of religion to do so without being prosecuted. However, religious organisations may not discriminate in the provision of services to transgender people or in employing them in other capacities in the organisation.
  • The other exception is to allow Jersey sporting organisations working under national or international competition rules (that may have specific clauses regarding trans participation) to comply with those rules without being prosecuted. Unfortunately, the sporting arena is an area that is a minefield for trans sportsmen and women with a lot of myths about trans people’s physicality still persisting. The International Olympic Committee (one of the more progressive) allow trans competitors so long as they possess their gender recognition certificate, have had hormone therapy for at least two years and have had surgery. (You can find out more about various sporting organisations’ policies here.) Fortunately, for those of us who are not elite atheletes, the draft regulations do not allow your local sports club to discriminate against you participating in sport for fun as your recognised gender.

sportIf you have any queries about how the draft regulations might work in practice, please email admin@transjersey.org and we’ll do our best to answer them.

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

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!

Featured Trans* Jersey

Pathway to Care leaflet

Trans* Jersey has now produced a Pathway to Care leaflet for islanders wishing to transition. The full document can be downloaded here.

The leaflet has been produced in consultation with the various States of Jersey health departments that are used when a person transitions in Jersey.

It is suggested that you download the leaflet, print it and take a copy with you when you go to see your GP.

In due course, Trans* Jersey will be providing all the island’s GPs with a copy of the leaflet.

Doctor

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

Media links: Liberate Jersey group formed

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

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