same sex

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

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.

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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.