Jersey Evening Post: Monday 1 December 2014
BBC Radio Jersey: Sunday 30 November 2014 (timecode: 01:04)
Pink News: Friday 28 November 2014
Jersey Evening Post: Wednesday 26 November 2014
Jersey Evening Post: Thursday 27 November 2014
Channel Television: Wednesday 26 November 2014
BBC Radio Jersey: Wednesday 26 November 2014 (timecode: 01:07)
BBC News: Wednesday 26 November 2014
Bailiwick Express: Thursday 27 November 2014
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 –
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 –
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 –
The proposal
Based on his findings, the Chief Minister will be bringing forward the following proposal for legislation –
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.
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.
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:
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.
Get 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
Trans* Jersey is very disappointed by the decision of the States of Jersey to vote in favour of Senator Ian Le Marquand’s amendment to require the Chief Minister consult on any change in the law to allow same-sex marriage in Jersey.
Trans* Jersey’s founder, Vic Tanner Davy, said: “We recognise that, as an issue, this is not a high priority for the majority of States members personally. As a result, it was clear that a number of States members had not done their homework and felt ill-prepared to vote on the matter. This was demonstrated most clearly by those concerned about the ‘unintended consequences’ of allowing equal marriage. Anyone who has studied the issue in detail will know that there are no ‘unintended consequences’ to equal marriage. We know that, once States members have had a chance to do their research over the summer, any concerns they may have will be put to bed and equal marriage will go forward.
“Today was a wake-up call to States members that they need to do their homework and come back to the chamber in full possession of the facts about why the island’s LGBT community needs this legislation. This is not a proposition that is going to go away and it is one on which members need to be clear where they stand as it will be an election issue in the autumn.”
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:
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:
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:
This week Guernsey moved a step closer to equal marriage with a clever proposal for a Union Civile law that would remove religion from laws related to marriage. You can read more about the story here or visit Liberate’s website for more information about the work they have been doing.
The proposed law would mean that all those who wanted to marry would do so in a civil ceremony. Thus, in one bold stroke, all marriages between two people, irrespective of their sex or gender, would be equal in Guernsey. The ability to legally marry a couple would be removed from religious organisations, which would also remove the knotty question for people of faith as to whether their church should “allow” same-sex marriage.
Under the proposal, there would be nothing to stop a couple celebrating their wedding through a religious service after they had legally tied the knot civilly. Under current EU legislation, there is no means by which a religious organisation could be forced to offer a celebratory service to a same-sex couple if it is against their religious beliefs. This should satisfy the churches that the legislation does not stop them from celebrating marriages as they understand them in the way that they wish.
Trans* Jersey stated that we would be in favour of adopting the Scottish model for same-sex marriage legislation, but this new development from Guernsey is even better. It does away with the UK system of two laws, one for opposite-sex couples and one for same-sex couples, in favour of one law for everyone.
We are in favour of adopting Guernsey’s proposal here in Jersey as it would solve the problem that trans people have when they transition within a marriage. Under Guernsey’s proposal, the marriage stays intact and the transition has no effect on its status. This also resolves the problem, perceived by some, that a person’s transition alters or diminishes the partnership somehow. Under this proposal, there is no alteration of the partnership and, therefore, the spouse has no reason to require a veto to stop their partner’s transition.
Deputy Sam Mezec lodged a proposition with the States of Jersey this week to debate same-sex marriage in July. We will have to wait for more news on what Jersey’s proposed legislation will look like, but Trans* Jersey hopes that it will resemble Guernsey’s forward-thinking and elegantly simple proposal.
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.
Summary 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:
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 met with the States of Jersey Police LGBT Community Liaison Officer, PC710 Emma Poulliquen, this week to discuss ways in which we could work together. The discussion was wide-ranging and included educational initiatives to keep young people safe; legislation changes and how the introduction of anti-discrimination laws will affect the community; what “best practice” guidelines might look like for the police, the prison and the hospital when dealing with trans* individuals; and how the police can help the LGBT community right now, before anti-discrimination legislation is brought in.
Although there will not be a law protecting trans* people from discrimination before September 2015, Emma informed me that the States of Jersey police take harassment and discrimination of LGBT islanders seriously, and will investigate reports of incidents from LGBT people who have experienced harassment and/or discrimination in the island. Don’t forget that prosecutions will be able to be brought retrospectively under the new anti-discrimination law, so lodging a report with the police now is a good idea if you think you might need to bring a case when the law comes into force.
The LGBT community liaison team can be contacted by email or visit www.jersey.police.uk where there will shortly be a page dedicated to their LGBT community liaison work.
Trans* Jersey 