The infographic from TotalJobs’ recent survey of trans employees shows that things are getting better in the workplace but there is still work to be done. Recent high profile positive media events, such as the success of TV shows like “Transparent” and “Boy Meets Girl”, seem to have had a knock-on effect in the workplace in terms of raising awareness about trans issues. You can read more about the survey results here.
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…
The Trans 100 for 2015 has been published. It is a “curated list of out trans people who are working on trans issues in the United States and having a positive impact”. The stories of the work being done contained in the document makes interesting and inspiring reading for anyone who is working for the trans community in whatever way.
Tips from a US based gender therapist that those early in their journey might find helpful:
These videos specifically refer to male-to-female transition but reverse them and there are some useful tips for female-to-male transitions, too:
Tips from a US based gender therapist that those early in their journey might find helpful:
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:
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.
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.”
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.
Through her own parenting experience, Christy Hegarty has become an advocate for families with transgender children. During her talk at TEDxBloomington, Hegarty shares what she has learned as the mother of a transgender child. She explores the concept that we should be able to accept that our children may be different than we expect them to be and that we should not be afraid to allow them to express themselves. She challenges us to consider the idea that human evolution is more about being human than it is about being a gender and the important role acceptance plays in our evolving world.
Trans* Jersey 