GRC not fit for purpose

Two significant reports dropped into the Trans* Jersey inbox this week. Both highlight the need for a complete review of the gender recognition process in the UK by which a trans individual “becomes” their recognised gender in the eyes of the law. This is significant for us in Jersey as we have “outsourced” our gender recognition process to any other jurisdiction whose legal system/courts we recognise including and, most usually, the UK.

What is the gender recognition process?

At present, a Jersey trans individual who requires a gender recognition certificate (“GRC”) travels the following route through the UK system:

Live as their recognised gender for two years;
Collect proof that they have been living as their recognised gender for two years, e.g. letter from gender therapist, letter from GP, passport/driving licence showing recognised gender, invoices from utility companies showing title in line with recognised gender, pay slips from employer showing title in line with recognised gender, etc;
Apply to the Gender Recognition Panel (“GRP”) in the UK (although this could be any other jurisdiction that Jersey recognises) including the documentary proof gathered as evidence and a fee of £140;
Wait for the GRP to decide on whether they will issue a GRC. There is no automatic requirement to appear before the panel. The GRP’s judgement is made based on the documents submitted. However, if the documents are not satisfactory, the GRP can call for further evidence that might include an appearance before them;
Once the GRP rule that a GRC can be issued, the GRC must be passed through the Royal Court in Jersey and Jersey will then also issue a GRC.

At this point, the trans individual is their recognised gender legally in Jersey.

The above assumes a trans individual who does not have a spouse. If the trans individual applying for a GRC is married or in a civil partnership, things get more complex. The GRC legislation in England and Wales requires the trans individual to divorce/dissolve the marriage/partnership before a GRC will be granted and, if the spouse disagrees with that, they get to veto the trans spouse’s GRC application.Scottish law does not include this so called “spousal veto”.

Jersey’s same-sex marriage law will be following the Scottish model in allowing someone in a marriage/civil partnership who wishes to transition to do so seamlessly without the requirement to divorce/dissolve the partnership. However, this is then inconsistent with “outsourcing” Jersey’s GRC procedure to a jurisdiction (the UK) that has legislation that includes the spousal veto. This is a problem that the States of Jersey will need to address before 2017 when equal marriage legislation is due to come into force.

So, why bother with a GRC at all?

Some trans people don’t. Changing their gender on their passports is enough to do what they need to do in life. For others, not having their gender legally recognised could be problematic. For example, if the trans person wishes to marry as their recognised gender and not as the gender they were assigned at birth.

Some trans people may also wish to amend all records that show them to be trans and to protect any records that divulge their status from public scrutiny. This may be for reasons of personal safety. A GRC affords those people a greater level of protection in this regard than, say, the data protection or discrimination law. The amendment of records extends to birth certificates. Having a GRC is the only way to amend your birth certificate.

What needs to happen?

The two reports are consistent in their assessment of the GRC process as no longer fit for purpose.

The main criticisms of the system are:

it is long-winded and difficult to navigate;
in practice, it requires evidence of medical treatment before the GRP will grant a GRC, despite this supposedly not being a requirement;
applying to a panel, who may or may not be qualified in gender matters, for recognition of one’s gender identity is inappropriate and humiliating;
the financial cost of the application is greater than the fee of £140 as gathering the evidence required also incurs costs;
it does not allow for someone to identify as neither man nor woman;
the requirement for someone to have lived for two years as their recognised gender before being eligible is arbitrary and unreasonable;
the minimum age limit of 18 is out of line with other legislation that acknowledges young people can make life changing decisions from 16 onwards;
the link between having one’s gender recognised legally and the protection of a trans person’s personal data created by the gender recognition legislation leads to people being inappropriately asked for GRCs before transactions that should not require sight of a GRC will be carried out by employers, government departments, etc.

In short, both reports draw the same conclusion that gender identity should not be based on a diagnosis of gender dysphoria but should be self-determined by the person concerned.

The States of Jersey have an golden opportunity now in their work on the same-sex marriage law to do the right thing by the trans community and make the process by which a trans person “becomes” their recognised gender in the eyes of the law simple, affordable, inclusive and self-reporting. Trans* Jersey will be working towards this in 2016.

You can read the full reports here:

UK Trans Info’s report: “Gender Recognition: Where Next?”

House of Commons Women and Equalities Committee: “Transgender Equality”

23 September, 2015 Trans* Jersey

Same-sex marriage will happen in 2017

The States of Jersey have voted overwhelmingly in favour of same-sex marriage. The Chief Minister, Senator Ian Gorst, asked States members to decide whether they were for or against four principles.

(a) to agree, in principle, that appropriate legislation should be brought forward for approval to allow same-sex couples to get married in Jersey, with the legislation to:
(i) include civil marriage and religious marriage with appropriate safeguards in place to protect the rights of religious organisations and their officials who do not wish to conduct same-sex marriages;
(ii) include allowing people in civil partnerships to convert their partnership into marriage;
(iii) include retention of terms such as ‘husband and wife’, ‘mother and father’ in legislation;
(iv) not include a spousal veto in respect of gender recognition;

This principle was passed 37:4 with 1 abstention and 7 absentees. The full result can be found here.

(b) to agree, in principle, that current legislation should be amended to confer parental responsibility automatically on unmarried fathers who are named on birth certificates;

This principle was passed 43:1 with 5 absentees. The full result can be found here.

(c) to agree, in principle, that new legislation should be brought forward for approval to allow for the introduction of a system of divorce and dissolution making it a legal requirement to access and use mediation services subject to appropriate safeguards and human rights considerations;

This principle was passed 41:3 with 5 absentees. The full result can be found here.

(d) to request that the Chief Minister bring forward for approval by the States Assembly, no later than end January 2017, the draft legislation necessary to give effect to these proposals.

This principle was passed by 42 members with 2 abstentions and 5 absentees. The full result can be found here.

The full proposition can be downloaded here.

Clearly, principle (a) (iv) is the most important for Jersey’s trans community as it ensures that none of us will be asked to choose between having our gender recognised legally via a gender recognition certificate (“GRC”) and our marriage. It is the case, in England and Wales, that those who transition within a marriage (or civil partnership) and wish to acquire their GRC must divorce (or dissolve the partnership) and remarry as a same-sex couple (or opposite-sex couple). To do this, they must get their partner’s permission. If the spouse does not give permission, they effectively “veto” the trans person’s ability to get a GRC and have their gender legally recognised. It is an impossible choice to ask someone to make – their gender or their marriage?

Jersey will be following the Scottish legal model where the marriage seamlessly changes from opposite-sex to same-sex (or vice versa) on the issuing of the GRC. However, this causes a problem as we have outsourced the issuing of GRC’s to other recognised jurisdictions around the world. Our Gender Recognition (Jersey) Law 2010, therefore, relies on our ability to obtain a GRC from a recognised jurisdiction – the most logical being England and Wales. But, because England and Wales require a trans person to divorce before a GRC is issued, then Jersey people applying for their GRC will be subject to the spousal veto “by the back door”.

As the above loophole shows, there is much work still to be done. This is why the expected delivery date for the legislation is 2017. This gives us time to work with the Chief Minister to ensure that a satisfactory outcome is achieved on the subject of gender recognition. Watch this space for updates…

14 July, 201514 January, 2016 Trans* Jersey

Press release: 14 July 2015

Channel Island equality charity Liberate and transgender support group Trans* Jersey have welcomed the proposal for same-sex marriage in Jersey lodged in the States Assembly today by the Chief Minister.

Chairman of Liberate in Jersey, Christian May, said: “We are heartened by the wording that the Chief Minister has chosen to use in his proposal that says, unequivocally, that ‘it would be unreasonable, and inappropriate, to continue to deny same-sex couples the opportunity to get married’. This is, of course, a sentiment that we share.”

Liberate also supports the Chief Minister’s decision to not propose legislation that compels religious groups to marry same-sex couples. Mr May said: “It is important that all the faith groups in our island reach their own conclusions on equal marriage and, if they decide they would like to celebrate it, to be able to do so when they are ready. The protections being proposed are proportionate and an appropriate response to the problem of allowing people the freedom to practice their religious beliefs within their sacred spaces without interference from the state, whilst not permitting discrimination against same-sex couples.”

Liberate supports the proposal’s recommendation of an overhaul of the divorce laws that place the emphasis on mediation and reconciliation before a divorce can be granted and a move towards no-fault divorces. Mr May said: “It is a sad fact that divorces happen to opposite-sex and same-sex couples in equal measure. Any legislation that takes some of the pain out of the process for the couple, and any children involved, is to be welcomed.”

The ability for a transgender partner in a marriage to transition and have their gender recognised in law without the so-called spousal veto that exists in England and Wales is good news for Trans* Jersey founder Vic Tanner Davy: “We welcome the re-examination being proposed for the process of gender recognition in the island and the commitment by the Chief Minister to follow the Scottish model for same-sex marriage that allows an opposite-sex marriage to seamlessly convert to a same-sex marriage, and vice versa, where someone transitions. There are a number of problems that exist currently for transgender people in Jersey looking to recognise their gender legally and we look forward to seeing more detail on this aspect of the proposal.”

The timetable for the implementation of the legal changes means that equal marriage could be a reality in Jersey by the end of 2017. Liberate is pleased that the process is still on-track despite a delay at the start of this year. Mr May said: “The proposal shows just how far-reaching and extensive the legislative changes need to be. It is right that Jersey undertakes the process thoroughly and examines all aspects of marriage at the same time as introducing same-sex marriage. Liberate understands that this will take time but that the end result will be worth the wait.”

The proposal can be downloaded here: http://www.statesassembly.gov.je/AssemblyPropositions/2015/P.77-2015.pdf

26 November, 201414 July, 2015 Trans* Jersey

Results of equal marriage consultation

Trans* Jersey and Liberate met with Chief Minister Ian Gorst on 21 November 2014 to discuss the findings of the consultation into the question of whether it is appropriate to introduce legislation to equalise marriage in Jersey.

Consultation results

The online survey conducted by the Chief Minister’s office had 1,094 respondents and 161 people wrote letters on the subject. This represents an amazing level of response and bears witness to strongly held opinions on both sides of the debate.

However, this only represents 1.5% of the population and, inevitably, only those members of the population who feel strongly about the subject. It was no surprise, therefore, to learn that 54% of respondents were for and 46% were against equal marriage. The closeness of the result is probably not representative of the population as a whole but speaks to the fact that about 10% of the population are LGBTQ and about 10% of the population are regular churchgoers, both parties being well mobilised and well versed in the arguments for and against.

Of the three options offered for making equal marriage a reality, the responses were as follows –

Civil marriage only – 34% for
Civil and religious marriage (with an opt-out for those whose faith does not allow for same-sex unions) – 55% for
Union Civile – 75% against

On the question of allowing humanist marriages to take place, 50% agreed that they should, but the lack of comments on this issue was interpreted to mean either a lack of understanding of the issue or a lack of real interest in seeing it happen.

On the question of opening up civil partnerships to opposite-sex couples, 75% were in favour. However, the comments from respondents indicated that this option was less about equality and more about greater legal protection for co-habiting couples.

On the question of parity of law for same-sex and opposite-sex couples where adultery is concerned, 65% were for equalising the law.

Of the options offered for equalising the law on adultery, the responses were as follows –

Removing adultery from law – 11%
Creating a new definition of adultery – 40%

This result spoke to concerns that fidelity is important within any marriage and that to remove adultery from law is to make fidelity appear less important.

In addition, a number of points came out of the consultation –

Marriage matters to everyone (whether you are for or against same-sex marriage).
Equality and non-discrimination is an important issue that respondents respected and did not want to stand accused of breaching.
From those people of faith, the message was that marriage can only be between a man and a woman.
There were also a number of people who felt that civil partnerships should be enough for same-sex couples.
Both sides agreed that civil partnerships are not the same as marriages.
For some “redefining” marriage to include same-sex marriages is not an option.
There were concerns surrounding the use of language if same-sex marriage were to happen, such as the neutralising genders on official documents. People from both sides were unhappy with words such as spouse1/spouse2 and would prefer husband/wife, wife/wife, husband/husband.
Both sides of the argument represent a minority of the population. This is, therefore, a minority issue.
The impact of same-sex marriage on children worried some respondents. However, research from other jurisdictions shows that there is no negative impact. This did raise the issue of changes to educational and family policy that will need to be looked at by the States. (For example, the automatic right of a mother to have responsibility for her children. At the moment, there is no automatic right for fathers.)
Some were concerned that same-sex marriage would promote homosexuality.
The cost of implementing the legislation is not inconsiderable and, it was felt, needed to be weighed against the number of beneficiaries. At the last census, 0.4% of the population are living together in a same-sex relationship. (Note: this is not the same as the percentage of the population that is LGBTQ.)
The estimate of the number of equal marriages that will be held following the introduction of a new law is 44. This is similar to the uptake of civil partnerships following their introduction.

The proposal

Based on his findings, the Chief Minister will be bringing forward the following proposal for legislation –

Civil and religious marriage for same-sex couples with an opt-in clause for religious groups and their clergy. This will preserve terms such as husband and wife. It will also include something similar to the “quadruple lock” that protects religious organisations from prosecution under anti-discrimination legislation and is included in the England and Wales legislation for same-sex marriage.
Civil partnerships will be able to seamlessly convert to marriages. This can happen with or without a marriage ceremony as the couple chooses. Marriages will not be allowed to convert to civil partnerships, however, as this has proved unhelpful in other jurisdictions where it has been used to facilitate divorces.
Humanist marriage will not be brought in.
There will be no so-called “spousal veto” where, in England and Wales, a person in a marriage transitions and their spouse can prevent them from applying for a gender recognition certificate (in order to stop the marriage becoming a same-sex marriage). Jersey will seek to follow Scottish law on this point.
Civil partnerships will not be extended to opposite-sex couples and will be gradually phased out, if possible, because they are seen by the majority of people as a “second-tier” of marriage. More work will be done to find ways to provide more rights to co-habiting couples. If civil partnerships cannot be phased out, the decision will be revisited and the Chief Minister will seek to bring in civil partnerships for opposite-sex couples.
On the question of equalising adultery in the law, the Chief Minister will not be seeking to remove it from law as it is clear that sexual fidelity in marriage matters to people. He will be exploring the option of “no fault” divorces, the ability of a couple to apply jointly for a divorce (rather than one party bringing an action against the other) and the legal requirement for a divorcing couple to have mediation first. All options are being investigated with the intent of taking some of the acrimony out of divorce.

Timetable

The Chief Minister will report his findings to the States Chamber on 26 November 2014. The proposition will be brought in the first quarter of 2015 with a request for the States to approve the time frame and the process of legal change. Because there are extensive amendments that need to be made to other laws, a clear order of progress is required. (For example, within taxation law, a couple in a civil partnership can elect which partner is treated as the main taxpayer but, for a married couple, it is always the husband who is automatically the main taxpayer. This is clearly inequitable and needs amending.)

It is anticipated that Jersey will have same-sex marriage by the end of 2017.

You can download the full report on the consultation here.

26 November, 2014 Trans* Jersey

Press release: 26 November 2014

Trans* Jersey welcomes the Chief Minister’s report on equal marriage, especially its handling of the particular trans issue of the spousal veto.

Trans* Jersey met with Chief Minister, Ian Gorst, to discuss the findings of the consultation into the question of whether it is appropriate to introduce legislation to equalise marriage in Jersey. The resulting report is a significant document that has been compiled with consideration of both sides of the argument for and against equal marriage and, as such, is welcomed by Trans* Jersey.

Trans* Jersey’s founder, Vic Tanner Davy, said: “We are impressed by the work done by the Chief Minister and his department in addressing all aspects of the issue thoroughly and with great understanding.”

The report also addresses the issue of the so-called “spousal veto” that exists within the same-sex marriage law of England and Wales, but not the equivalent Scottish law.

Vic Tanner Davy again: “The spousal veto is a nasty piece of legislation that demands a trans person in a marriage asks permission of their spouse before applying for their gender recognition certificate, which makes them for all legal purposes their affirmed gender. This inclusion in the England and Wales law spoke to the concerns of some MPs that the non-trans party to an opposite-sex marriage would be forced into a same-sex marriage because of their spouse’s legal transition.

“In reality, a person’s transition does not happen overnight. It takes at least two years of living as your affirmed gender before you can apply for a gender recognition certificate in the UK. During those two years, a trans person will have undergone gender therapy, most likely started hormone therapy and may have had gender reassignment surgery. If their spouse is still with them at the point that the trans partner applies for their gender recognition certificate, they will already be aware that they are living in a marriage that, to the outsider, has changed.

“Transitioning is difficult and stressful at times as every trans person endeavours to maintain partnerships and family relationships intact throughout the process. The last thing they need is added pressure from the state intervening in what is a private matter between the two people who are party to the union. We are, therefore, delighted that the Chief Minister has taken this into consideration and will be proposing the Scottish model for dealing with the issue. This will enable marriages to change seamlessly between same-sex and opposite-sex with no requirement for divorce and re-marriage or for spousal permission when one party to a marriage transitions.”

17 June, 201420 August, 2014 Trans* Jersey

Open letter to all States of Jersey members from Liberate

This is the full version of Liberate‘s excellent letter to all members of the States of Jersey on the subject of Deputy Sam Mézec’s proposition:

I write on behalf of LIBERATE in support of Deputy Sam Mézec’s proposition lodged at the States Greffe on Wednesday 28 May 2014 petitioning the States of Jersey to introduce equal marriage in the Bailiwick of Jersey.

LIBERATE is the first Channel Island charity to support the islands’ Lesbian, Gay, Bisexual, Transgender and Questioning Community (LGBTQ).

Who we are

Liberate is an inclusive Group, which welcomes people irrespective of sexual orientation, gender identity, religious belief, race, gender or disability. We are a local charity and were founded on 15 February 2014 in Guernsey.

Liberate is made up of a virtual rainbow of people from every different gender and sexual identity you could possibly think of. With such a diverse background we can operate on many different levels as we all bring something different to the group.

Our vision

Our vision is simple. We believe in a Fair & Equal society, where everyone is born equal and free, and treated with dignity and respect no matter what their gender, gender identity, sexual orientation, disability, belief or race.

Article 1 of the United Nations Declaration of Human Rights states: “All people are born free & equal in dignity and rights”.

Children do not know racism, sexism, homophobia, biphobia, transphobia, unless they are taught it and government has a responsibility to ensure that it sends a clear message to communities that discrimination in all its forms is not acceptable.

Our purpose

The purpose of Liberate is to educate and inform on a wide range of issues and to support those who identify as LGBTQ, their families and friends.

We campaign to reform some of Guernsey’s policies and laws to ensure that LGBTQ people can enjoy the same freedoms as everyone else in the Bailiwick of Guernsey. We also lend our support to the LGBTQ community in Jersey and are affiliated to Trans*Jersey.

We question social attitudes and behaviours which discriminate against LGBTQ people, and offer advice and help in tackling homophobia, biphobia, transphobia, etc.

Our aims

We will petition and work with government to:

Introduce Equal Marriage Legislation
Give transgender people full access to services to allow them to transition to their gender identity
Introduce anti-discriminatory legislation or an Equality Act which addresses homophobic, biphobic and transphobic hate crime
Reform laws and policies such as income tax legislation to ensure that they are non-discriminatory

Since our website www.liberate.gg was launched we have had over 1,000 signatures in support of equal marriage in the islands. We have also achieved one of our aims in Guernsey of having transgender reassignment surgery funded by the States of Guernsey. We also:

Support the local Lesbian, Gay, Bisexual, Transgender and Questioning community, their families, friends and carers through a wide range of initiatives.
Educate and inform society through outreach and Public Awareness campaigns.
Fight to ensure that everyone is treated fairly and equally under the law, and that no-one is left behind.
Challenge discrimination in all its forms in our daily lives, whether it is working in a voluntary capacity for Liberate, at work, socially, etc. We will not be bystanders.
Act as Ambassadors for Equality and Diversity in our daily lives.
Work with other organisations, charities and non-governmental organisations to promote equality and fairness in our society and facilitate positive change in social policy.
Respect the dignity and rights of others at all times, whether we have differences of opinion or belief, or not.

The Free & Equal Campaign

The United Nations Human Rights Commission recently launched its Free & Equal Campaign which is partly aimed at world governments to ensure that they do not actively discriminate through legislation and policy, as well as encouraging the LGBTQ community to speak out and have a voice.

The LGBTQ community have historically been persecuted, tortured and executed[1]. Indeed 81 countries still classify homosexuality as a criminal offence. It is only in recent history that it was decriminalised in our society, and not until the early 1990’s that the World Health Organisation declassified homosexuality as a disease. We hope that you can therefore appreciate how difficult it is for the LGBTQ community to be visible and speak out against social injustice.

Deputy Mézec’s Proposition

Deputy Mézec’s proposition is an important step for Jersey in ensuring that each and every one of its citizens are free and equal in dignity and rights.

Jersey recently made an important step in terms of tackling discrimination with the introduction of its Discrimination Law. We see the introduction of equal marriage in Jersey as a natural progressive step towards that goal. Failure to do so will deny approximately 10% of the population the right to marry, and be totally at odds with Jersey’s current social policy in terms of discrimination.

Guernsey’s Chief Minister has already assured LIBERATE that he will bring a report to the States of Guernsey before the end of this political term proposing the introduction of a Union Civile for all couples who wish to marry. Under the proposed law, it will be the choice of those getting married whether they chose to then have a blessing or humanist celebration.

We hope Jersey does the same.

The England and Wales Equal Marriage Act caused problems for transgender people over the so-called Spousal Veto. It allows their spouse to refuse to permit them to have a Gender Reassignment Certificate, which would convert the marriage from opposite-sex to same-sex. We prefer the Scottish Same Sex Marriage Law of 2014 model which overcomes that “veto”.

Winning Hearts and Minds

LIBERATE acknowledges that changing laws and policies is only part of the solution to changing societal attitudes towards the LGBTQ community.

Together we must win the hearts and minds of those who through ignorance, intolerance, and hatred, discriminate against various sections of our community. It is that intolerance which can divide families, friends and colleagues, and damage the very fabric of our society, with consequential harm to individuals and cost to government and other third party agencies. The LGBTQ community is widely acknowledged to be twice at risk of harm of anxiety, depression, substance misuse, self harm and suicide because of the affects that prejudicial attitudes have.

Changing laws and policies sends out a very clear signal to society of what is acceptable and what behaviours are not.

Our commitment to the States of Jersey is that we will work and co-operate with government locally in terms of ensuring that the universal principle of fairness and equality for all applies within our islands. Whether it be in changing laws and policies, or helping States departments in developing social policy strategies which promote equality and inclusion and celebrate the importance of diversity.

We ask you to vote “Pour” in favour of Deputy Mézec’s proposition.

Yours faithfully
Martin Gavet
Hon. Chairperson
LIBERATE

[1] Including an estimated 100,000 LGBTQ people who were victims of the Nazi Holocaust.

The JEP report from Tuesday 17 June 2014:

Featured Trans* Jersey

Manifesto 2014

Trans* Jersey’s manifesto defines the problems faced by transgender, transsexual, genderqueer, androgynous, bigender and intersex Jersey residents in 2014 and explains what actions we intend to take to address these issues.

Trans* Jersey believes that the island’s trans population is being patchily served by GPs and the States of Jersey Health and Social Services (“H&SS”) Department. This is due to the lack of clear guidelines for healthcare professionals working with trans patients. Individual clinicians within the H&SS Department are not seen to be at fault and, once the H&SS Department has been accessed, experiences of care have been good to excellent, largely through the efforts of the clinician acting on their own initiative. However, the initial route into healthcare for trans patients is unclear. The evidence suggests that the quality of healthcare provided is also influenced by the tenacity and perseverance of the trans individual being treated.

Trans* Jersey supports the calls by trans* organisations in the UK that the process for procuring a gender recognition certificate (“GRC”) needs revision. The Gender Recognition (Jersey) Law 2010 allows for a GRC from a recognised jurisdiction to be passed in the Royal Court. Any revisions that happen to the UK Gender Recognition Act 2004 as a result of the consultation happening with trans* organisations will, therefore, directly affect trans islanders. At present, Jersey has no mechanism by which to issue a GRC. However, this may change if trans* organisations within the UK are successful in calling for the Gender Recognition Act to be scrapped and for the issuance of a GRC to be an administrative process driven by the trans individual.

Trans* Jersey is committed to ensuring that all States of Jersey legislation that directly affects trans* islanders is scrutinised and responded to on behalf of the Jersey trans* community in order to safeguard our human rights. Trans* Jersey is currently preparing a response to both the States of Jersey consultation on sex discrimination and the imminent debate on equal marriage. Trans* Jersey will also be reviewing all legislation in force to ensure that there are no revisions that need to be called for.

Trans* Jersey believes that equal marriage legislation is essential to ensure that trans islanders are not discriminated against, and that any equal marriage law introduced in Jersey should not contain the so-called Spousal Veto. Trans islanders who are married or in a civil partnership at the time of their transition have no option currently but to get divorced before they can acquire a full GRC. On the granting of a full GRC, the couple may formalise their partnership again by having another wedding ceremony. This situation is patently in violation of all human rights.

Trans* Jersey believes that education is the key to many of the issues faced by trans* individuals in society and is therefore committed to providing opportunities and resources to cisgender islanders in order that they can learn more about the trans* population. In the coming months, Trans* Jersey will be seeking conversations with private schools and the States of Jersey Education, Sport and Culture (“ES&C”) Department about including trans* issues within the sex education curriculum.

These are not the only issues faced by trans* individuals in Jersey, but they are the most important ones to be addressed. We are a small group with no financial backing. This manifesto is, therefore, necessarily realistic in its aims. It is not possible to hit all targets at once so we are being selective. Once progress has been made on these issues, we can turn our attention to other areas where reform is needed.

You can download the complete manifesto as a pdf here.

15 May, 2014 Trans* Jersey

Legislative revisions

Equality Act 2010: Jersey is addressing the provisions of this law with its own anti-discrimination legislation. You can find out more about the public consultation process here.

Gender Recognition Act 2004: This Act directly affects trans islanders who wish to apply to the UK for their gender recognition certificate (GRC). Although Jersey has it own Gender Recognition (Jersey) Law 2010, it merely provides for a GRC from another jurisdiction to be registered in the Royal Court. You can find out more about this law here.

Trans* Jersey supports the calls to simplify the process of acquiring a GRC and to retain the protections afforded to trans individuals in possession of a GRC.

Marriage (Same Sex Couples) Act 2013: The Spousal Veto is the most pressing issue raised by the new legislation in England and Wales, and more information can be found about it here.

The Spousal Veto does not exist within Scotland’s legislation and Trans* Jersey are therefore advocating that, when Jersey brings in its own version of the Marriage (Same Sex Couples) Act, it follows the example of Scottish law.

Matrimonial Causes Act 1973: Under Section 12(h) (non disclosure of gender history) of this Act, a marriage can be voided on the grounds that the respondent is a person whose gender at the time of the marriage had become their acquired gender under the Gender Recognition Act 2004. The Act, however, does not state whether a marriage could be voided on the grounds that the spouse is transgender but not in possession of a GRC. There is, therefore, a discrepancy between the way that the law treats trans individuals who hold a GRC and those who do not.

Jersey has followed the UK with the Matrimonial Causes (Jersey) Law 1949, which has similar provisions to the above in paragraphs 18(h) and 18(i). Trans* Jersey would like to see these clauses removed from Jersey law.

Application of EU law to pension claimants: GIRES explains this issue as follows:

Trans women who have undergone gender reassignment surgery qualify for a Category A retirement pension under the direct effect of European Union Directive 79/7. Well established European Court of Justice (ECJ) case law indicates that once direct effect is established, it cannot be removed by a national law that introduces more burdensome conditions than in the Directive. The direct effect of Directive 79/7 has been set aside by the Department for Work and Pensions (DWP), which will only award a pension at the female pension age if the applicant holds a GRC.

Alas, for married applicants, they must currently divorce before they can receive GRC. This makes the award of a pension dependent on marital status and this is forbidden (on any grounds whatsoever) under Article 4 of the aforementioned Directive. Tribunals are unaware of their legal duty to enforce EU law and have little understanding of how EU law interacts with national law in matters of shared competence. It has not been appreciated that direct effect is by default, a part of national law and must be enforced.

Trans people are not being treated according to the law. Also, DWP is using procedural “initiatives” to delay Tribunal cases to deny justice. One such case had an appeal initiated over three years ago, has been postponed 6 times and “stayed” twice, was heard at the First-tier Tribunal nearly two years ago and has still not delivered a judgment.

Existing law should be enforced. The law firm dealing with such claims will be prepared to brief EHRC on the specific case law that has been set aside. A Judicial Review is being planned to address confidentiality issues related to trans service users of the DWP. A further case is being planned to address the use of domestic law to limit the rights to pensions awarded under EU law. The principle must be established that the law applies to trans people.

Trans* Jersey is currently undertaking research into how trans islanders are being treated with regard to pension provisions.

Trans* Jersey would also add into the legislative areas of concern for trans* people the following:

Sexual Offences Act 2003: Under Section 76 of this Act, a trans* individual can be prosecuted for obtaining sexual intimacy by fraud if they do not first declare their trans* history before intimacy occurs. The case of Chris Wilson is one such example and is explained in more detail here. It should be noted that there is no requirement for murderers, people with a history of domestic violence, soldiers with genitals that have been mutilated in the line of duty, bankrupts, etc to disclose their history before intimacy.

This is a nasty little “gotcha” that Jersey trans* people need to be aware of when dating in the UK. There is no equivalent law in Jersey.

11 May, 201411 May, 2014 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