non binary

Trans* Jersey

Press release: 10 April 2015

Trans* Jersey highlights the need to provide options for people of non-binary genders.

1-2% of the population experience some degree of gender dysphoria (a feeling that your gender identity does not match the gender role assigned to you by society). Not everyone who experiences this misalignment will take steps to do anything about it. However, some will, and when they do they may wish to adopt a new title, such as “Mx”, a gender-neutral alternative to “Mr” or “Ms”.

When Erin Bisson, a Jersey trans woman, went to change the title on her documents with various organisations, she found that her preferred title of Mx was not always an option open to her and some seemed baffled by her request. Mx Bisson says: “It should not be difficult and, quite frankly, it should be by choice. Personally, I am so happy and proud to be transgender, and I would like my title to reflect that.”

200452424-001Trans* Jersey’s founder, Vic Tanner Davy, said: “I am not surprised by Erin’s experience. Unless you are trans* or know of someone who is, you may not realise that there are people who don’t identify as either a man or a woman. The Mx title allows those people whose gender is fluid to show ID documents that match their presentation, irrespective of whether their appearance is masculine or feminine on the day their ID has to be shown.”

Trans* Jersey is aware that the Social Security Department is currently looking into adding Mx as a gender-neutral option for customers. Vic Tanner Davy says: “It would be a very positive step towards equality for the trans* community if all the States departments could offer this option. If you are someone who has a title, like Senator, Advocate, Reverend or Doctor, and you have ever felt aggrieved when it is dropped or misused, you will understand how it feels to be called a title that does not correctly represent you. It is the same for trans* people.”

Whilst other organisations catch up, Mx Bisson has received her new debit card from NatWest and she is delighted. She said: “I was surprised. They handled it very quickly and, although there was a problem at first, they handled it very professionally, and I have a card with my preferred title on it.” NatWest are now training their employees on the use of Mx as an optional title.

Trans* Jersey is very happy to assist to any organisation who would like to offer gender-neutral options on forms and computer systems. They are also pleased to offer organisations training sessions on how to deal with trans* service users. They can be contacted by email: admin@transjersey.org

Trans* Jersey

Response to white paper on law to protect against sex discrimination

Trans* Jersey has now submitted its response to the States of Jersey Social Security Department white paper on law to protect against sex discrimination. All comments received regarding the white paper were incorporated into the response. However, this is not the end of the process. A period of consultation begins now, which Trans* Jersey hopes it will be involved with. We have expressed our interest in doing so. If you have further comments or issues that you want included, please email us.

Trans* Jersey restricted its response to two of the characteristics being considered by the consultation – sex and gender reassignment – that are of most concern to trans* islanders and suggested ways in which the law might be drafted to protect a more diverse, but equally discriminated against, population.

discrimination-black-and-redSummary of key issues arising

The white paper assumes that gender and sex are interchangeable. For most people that may be the case but it is not the case for trans* people. Using a binary model of sex as a protected characteristic by which to assess discrimination presents problems. These are outlined in the full response.

There are a number of misconceptions about what it means to be trans* and, unfortunately, the States of Jersey’s consultation document falls into some common traps. Why these misconceptions are unhelpful is discussed in the full response.

The States of Jersey has looked to the UK Equality Act for guidance on how to shape its anti-discrimination legislation. However, as the recent manifesto presented to the UK government by a number of UK charities that work with the trans* community demonstrates, there are problems with this legislation (and the Gender Recognition Act) that need to be corrected.

Jersey has an opportunity to bring in model legislation that advances the current position of trans* people within British law. Trans* Jersey offers a solution to the problems it sees as arising from the proposals put forward in the white paper in order that Jersey can implement legislation that encompasses the broad spectrum of human gender identity.

What we would like to see

Trans* Jersey is asking for the States of Jersey’s law to protect against sex discrimination to include two things:

  1. The definition of “sex” as a protected characteristic expanded to include persons of a non-binary gender;
  2. The removal of any exemption that permits businesses to discriminate on the grounds of gender reassignment. There is no requirement to have any exemptions for transgender individuals, other than those provided for the characteristic of “sex”. Trans employees should be subject only to the same exemptions for genuine occupational requirements as natal born men, women and those persons of a non-binary gender.

To find out more about how we arrived at the above and the background to our thinking on the white paper, you can download our full response here.

Trans* Jersey

Non gender binary issues

Trans* Jersey supports the proposal that gendered language in marriage ceremonies should be optional and that an X marker on passports and birth certificates should be introduced. Both these issues are most important for genderqueer, androgynous, bigender and intersex individuals.

passports_UKThe UK charity GIRES offers further explanation of this issue as follows:

Those that are outside the gender binary are not protected under ‘gender reassignment’ as they do not intend to undergo gender reassignment or have any medical treatment.

It is accepted that those with gender dysphoria, who wish to change their social gender role on the basis on non identification with the assigned gender at birth, can do so. Those that do not identify with the birth recorded gender (or the alternative gender) and have no wish to adopt the opposite gender role have no mechanism either to gain protection under the 2010 Equality Act or obtain appropriate ID. Their often ambiguous physical appearance can cause issues when travelling. Passports can be issued to a transitioning person in their non birth recorded gender even without GRC. The Passport Office has the option of the marker “X” to denote other than male or female but refuses to use this despite it being an international convention. Alas a recent Passport Office report ignored the evidence and determined that there was no call for the X marker. The non gendered community are thus excluded from full civil participation.

The 2010 Equality Act “gender reassignment” characteristic should be widened to include those outside the gender binary. The 2004 GRA should be broadened to include an assessment of applicants who wish to have a Birth Certificate reissued with an X (or sex not recorded). Passports should be made available with the X marker irrespective of the Birth Certificate to ensure consistent treatment of all those with “gender dysphoria”.

Trans* Jersey will be responding to the States of Jersey’s consultation on the next phase of the island’s anti-discrimination legislation to ensure that trans* individuals are not excluded from the protections offered by Jersey’s equivalent of the UK’s Equality Act.

Trans* Jersey is currently undertaking research to find out whether Jersey’s passport office have the option to use the X marker as the UK passport office does, and whether it also refuses to do so.