19 July, 2015 Trans* Jersey

Mx title now available

Trans* Jersey has been contacted by the Social Security Department to let us know that Mx has now been included as a gender neutral title option in their computer systems. This is good news for all those who identify as in between the simple binary of man or woman.

The department have issued the following statement about the change: “Transgender people in Jersey will be protected against discrimination from September this year and so this is an appropriate change for the Department to make to ensure that our customers are addressed by us as they wish to be addressed.

“We do not know yet whether any other States Departments intend to make a similar change.

“We have not changed the title options on any of our forms as this would require a much bigger piece of work, but it may happen in the future.”

They have also issued the following guidance to their employees:

What is Mx?
Mx is the most commonly used title that does not indicate gender (i.e. instead of Mr, Mrs, Miss etc) and it may be used by people who do not identify as either a man or woman. It may be pronounced as ‘mux’, ‘mix’ or ‘mixter’. Mx has been adopted by many major national institutions in the UK and is a permitted title option for the DWP, DVLA, HMRC, NHS, Identity and Passport Service, Post Office, some local city councils and banks, universities and utilities companies.

What this means for the customer
A customer may request that their title is recorded in our systems as Mx. If a customer requests this, you simply make the change. We do not need any details or explanation of why this is the customer’s preference. You should never make assumptions or offer this option to a customer if they have not requested it.

When a customer makes this request, it would be appropriate for you to explain the extent to which Mx will be used in our correspondence with them in the future, i.e. letters and cheques.

2 June, 201514 January, 2016 Trans* Jersey

Press release: 2 June 2015

Trans* Jersey welcomes Jersey’s sex discrimination regulations that go further than the UK in their protections for people of non-binary genders.

The States of Jersey have passed regulations today that expand the island’s anti-discrimination legislation to encompass sex, gender reassignment, sexual orientation and pregnancy and maternity. The new regulations, due to come into force on 1 September 2015, give protection to transgender islanders, but also protect all those who do not identify with the gender binary of man or woman.

Jersey has gone further than the UK’s Equality Act by recognising that there are more than two sexes. The island’s regulations explicitly protect intersex people as well as men and women from discrimination under the protected characteristic of sex.

“This is an important inclusion that recognises a small and often misunderstood section of society. It makes clear the distinction between intersex and transgender people – a common misconception – and it allows those who were born neither biologically male nor female and who identify as intersex to do so, knowing that they do not have to choose man or woman if they do not want to and they will still be protected from discrimination under the law,” said Vic Tanner Davy, Founder of Trans* Jersey.

For the 1-2% of the population that experience some degree of gender dysphoria (a feeling that your gender identity does not match the gender role assigned to you by society), they are also given protection under the new regulations. Jersey’s regulations state that a person is transgender whether or not they intend to have medical intervention to transition. This, again, goes further than the UK in its protection.

Trans* Jersey’s founder, Vic Tanner Davy, said: “Not everyone who experiences gender dysphoria will take steps to do anything about it. As well as those who decide to transition, the regulations protect those who identify as any one of a number of genders that can be termed genderqueer from discrimination, harassment and victimisation.

“The trans* community in its widest sense is at its most vulnerable from physical and verbal abuse when it does not fit society’s ideal of men or women. This means that those early in their transition or those who cannot, or do not want to, transition are the most likely to experience discrimination. Jersey has recognised this and put in place protections. We are pleased that Jersey is leading the UK in this and we congratulate the States members on their decision today.”

Trans* Jersey is offering training sessions for organisations on how to deal with trans* employees and service users ahead of the new legislation coming in on 1 September 2015. They can be contacted by email: admin@transjersey.org

13 February, 20152 June, 2015 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:
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.

If 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.

18 September, 2014 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): http://www.gov.je/Government/Consultations/Pages/SexDiscriminationLawConsultation.aspx

30 July, 20142 August, 2014 Trans* Jersey

Discrimination Law update

Trans* Jersey met with Senator Francis Le Gresley on 29 July 2014. In attendance were Martin Gavet (Liberate), Ellie Jones (Liberate), Pippa McCarthie (Liberate), Kate Morel (Policy Principal, Social Security Dept) and Darren Newman (Legal Consultant).

Vic Tanner Davy presented Trans* Jersey’s response to the consultation document. You can download the Powerpoint presentation here.

The presentation started by discussing the differences between sex and gender. The consultation document uses the word “sex” when it is often referring to gender. It was felt that it would be helpful to unpack the differences in order to better understand the non-binary nature of both features for trans* people and intersex people.

The use of the “X” maker on passports and birth certificates was touched on. Trans* Jersey would like to see this option being used in Jersey but, at the moment, although it is internationally recognised and legal in the UK, it is not policy to allow people to elect to have it on their documents.

The meeting acknowledged that there are more than two genders and, because of that, some explanation and guidance on the spectrum of gender would be required to assist organisations like the Jersey Tribunal and the Jersey Advisory and Conciliation Service in their decision making. The gender grid was put forward by Trans* Jersey as one way to define multiple genders.

Trans* Jersey went on to bust three myths about trans people that had, without malice, crept into the consultation document by implication:

That trans people’s medical and surgical histories are other people’s business, and that surgery is a requirement to be “really” trans;
That transition has an easily definable start and end, and that it will be the same journey for every trans person;
That trans* people cannot be trusted to use facilities marked for use by the gender they present as.

The meeting was hugely sympathetic to this last point and understood the need to ensure that the law does not accidentally enshrine discrimination around this point. It was felt that, when the draft law is debated in the States of Jersey, this point will be the one that takes up most time and causes most concern. The meeting agreed that educating the public and politicians to allay fears around this point would be helpful. The Minister and his team said that they would welcome any help Trans* Jersey and Liberate could provide in this regard.

The meeting discussed how trans people should be treated with regard to exemptions under the law for gender-specific employment and sports teams. Trans* Jersey suggested that, for those employers, such as a women’s refuge, who are exempt from discriminating when hiring, transmen should not expect to be able to be employed but that transwomen should be considered for the job along with natal born women.

Trans* Jersey explained that sports teams were still a difficult area for trans people, even at the professional level, as transwomen in particular were seen to have an unfair advantage over natal born women. In fact, research has shown this is not true. Once a transwoman starts hormone therapy, she looses the muscle bulk and testosterone advantage that she had.

In essence, for all purposes, the moment that someone self-reports as transgender they should be treated as the gender they present as – even if they are worse off. The meeting then asked about pension entitlement for trans people and Trans* Jersey said that the same rule applies. For transmen, that might mean working an extra 5 years before they are eligible for their pension.

Trans* Jersey, finally, suggested some wording, based on the UK’s Equality Act, for how the new law might be drafted.

Liberate stated their support for the consultation’s proposals on sexual orientation and asked for confirmation that maternity/paternity leave applies equally to same-sex couples as to opposite-sex couples. The Minister confirmed that same-sex couples are equally covered by the law.

The draft legislation is expected to be publicly available in February 2015.

15 May, 2014 Trans* Jersey

Education

GIRES reports that: Schools do not have proper advice on how to deal with and eliminate transphobic bullying and generally, this is not being addressed. Trans children are suffering as a result. In the new March 2014 Department of Education Guidance into Preventing and Tackling Bullying gender reassignment is mentioned but not as often as other protected categories.

Trans people in schools (pupils, staff, children of trans parents) are more likely to suffer from bullying than any other group.

The Department for Education should ensure that all schools are provided with advice on preventative and responsive action and fully informed about the information and training provided by GIRES, Mermaids and Gendered Intelligence.

Trans* Jersey echoes this call with the same request to the States of Jersey’s Department for Education, Sport and Culture to use the resources provided by trans* groups to educate. In preparation for the new anti-discrimination legislation being passed in Jersey next year, Trans* Jersey is preparing a series of courses aimed at employers, employees, teachers and students dealing with issues affecting trans* individuals.

According to GIRES in the UK, the current Department for Education curriculum for sex and relationship education (published in 2000 and referred to in a Standard Note to MPs earlier this year) includes references to sexual orientation but not to gender reassignment.Gender variant young people are thus denied equal treatment.

Trans* Jersey is currently researching the States of Jersey’s sex education curriculum.

Education about trans* issues is especially important for those working in the public sector where employees often act as gatekeepers to services that trans* individuals need to access, such as the hospital, passport office, parish hall and social security.

GIRES cites this example of where a perceived lack of education about and empathy with trans* issues is a barrier to reporting and prosecuting hate crimes:

The main issue is underreporting of transphobic hate crime due to a fear on the part of trans victims that the Police and other agencies of the Criminal Justice System will not take them seriously. Trans witnesses also fear being “outed” in Court. Hopefully we shall see some improvement following the publication of the updated the CPS Trans Management Guidance authored by GIRES and the proposed revision of the Victims Code.

Trans* Jersey firmly believes in the power of education to change people’s attitudes to and treatment of trans* individuals.

29 April, 201418 October, 2017 Trans* Jersey

MtF change of name

The order in which you sort out your documents is important as you do not want to be left without photographic ID or in the position of having conflicting IDs. The order we deal with the documents below is the order in which we would suggest that you arrange to have them changed.

Deed Poll
Once you have decided on your new name, you can either visit an advocate or the Samedi Section of the Judicial Greffe. Ask them to prepare a deed poll changing your name. They may ask you for the usual photographic ID and proof of address. They may also ask you for your birth certificate or, if you have changed your name before, your marriage certificate or previous deed poll.

They will then prepare the deed poll, which does not specify your gender. It will say something similar to: “Know all men by these present (which are intended to be enrolled in the Rolls of the Royal Court of Jersey) that I, the undersigned XXX, a British subject, having been born in XXX, on XXX, and being ordinarily resident in the Island of Jersey at XXX, do hereby absolutely renounce and abandon the use of the said forenames of XXX and in lieu thereof adopt the forenames of XXX.

“For the purposes of evidencing such a change of name, I hereby declare that at all times hereafter in all records, deeds, documents and other writings and in all actions, suits and proceedings as well as in all devises and transactions, matters and things whatsoever and upon all occasions, I, the said XXX shall use and subscribe the said forenames of XXX, in lieu of the said forenames of XXX and I hereby authorise and request all persons whomsoever at all times to designate, describe and address me by such adopted forenames of XXX in lieu of the said forenames of XXX.”

The deed poll is then signed by you with your old and new signature and witnessed by your advocate or someone at the Greffe. At the next available sitting, the deed will be registered by your advocate with the Royal Court. You are not required to attend court.

Once your deed poll has been registered, you will be given an original copy of it. You must keep this document safe, just as you would a birth certificate. Because it is not a good idea to let anyone have the original of your deed poll, ask your advocate/the Greffe if they will provide you with certified copies of it. You will need at least 5 copies to give to various authorities.

Social Security
The easiest way to alter your record at social security is to visit the department in La Motte Street with a copy of your deed poll and your current social security card. This may mean asking your employer for your current card (if you are still on the old style card that had to be held by your employer). The new registration cards do not have to be held by your employer – employers take a copy and you keep the card. The social security helpdesk staff will change your record while you wait and provide you with a new registration card and health card. You will then need to show this to your employer for their records.

Income Tax
Writing to the Income Tax Department is the best way to ensure that your name is changed on their records. Make sure that you include your tax ref somewhere in the letter. Enclose one of the copies of your deed poll, ask the department to change your name on all their records and ask them to send you a replacement ITIS effective rate notice in your new name. It should take about 1 week and you will then need to give this to your employer for their records.

Driving Licence
Your parish hall will issue a new driving licence in your new name. You will need to complete the application form, provide one of your deed poll copies, provide two passport photos and surrender your old licence. The application form asks for your sex but this information does not appear on the face of the driving licence as your title or your sex. It appears to be used internally for the parish to be able to address letters to you so select F and your correspondence will come addressed to Ms.

It will take about 2 weeks for you to get your new driving licence during which time you cannot do anything further about your change of name. You need to wait until you get your driving licence back before doing the next document change.

Other
Now you have photo ID and correspondence from the income tax dept, you can set about changing your details with your bank, your credit card providers, the utility companies, your insurers, etc. Some of these may want to also see your deed poll.

Passport
The Customs and Immigration Department will issue a new passport in your new name. You will need to complete the application form, provide one of your deed poll copies, provide two passport photos, a letter from your GP or gender therapist and surrender your old passport. The application form asks for your title but not your sex, strangely, as your sex does appear on the face of your passport. Make it clear that your title is now Miss or Ms. For those who are Dr or Rev, you may need to write a covering letter of explanation.

It will take about 6 weeks for you to get your new passport during which time you will not be able to travel abroad so make sure that you time your application carefully.

19 April, 201418 October, 2017 Trans* Jersey

FtM change of name

Driving Licence
Your parish hall will issue a new driving licence in your new name. You will need to complete the application form, provide one of your deed poll copies, provide two passport photos and surrender your old licence. The application form asks for your sex but this information does not appear on the face of the driving licence as your title or your sex. It appears to be used internally for the parish to be able to address letters to you so select M and your correspondence will come addressed to Mr.

Passport
The Customs and Immigration Department will issue a new passport in your new name. You will need to complete the application form, provide one of your deed poll copies, provide two passport photos, a letter from your GP or gender therapist and surrender your old passport. The application form asks for your title but not your sex, strangely, as your sex does appear on the face of your passport. Make it clear that your title is now Mr. For those who are Dr or Rev, you may
need to write a covering letter of explanation.

It will take about 6 weeks for you to get your new passport during which time you will not be able to travel abroad so make sure that you time your application carefully.