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 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 and Liberate met with Susie Pinel, Social Security Minister, on 23 January 2015 to discuss the progress of the next phase of Jersey’s discrimination law that, amongst other things, deals with discrimination of transgender people.
The good news is that, although more work needs to be done on the parts of the new law that deal with pregnancy mainly, the policy team are confident that it will be in force by September 2015. It is hoped that a draft document might be publicly available soon.
From the partial draft available at the meeting, the parts of the law dealing with sexual orientation are well-written and provide protection for sexual minorities.
Those parts of the law dealing with gender reassignment still need a bit of work to get the wording right, but the basic principles are in place. Trans* islanders will be protected no matter what stage of their transition they are at. This includes those who identity as trans* but have not yet started any form of treatment. Intersex islanders will also be protected. Both these inclusions are improvements on the UK’s legislation.
It was obvious from the meeting that the policy team are working hard to make Jersey’s law as good as it can be and have learned from mistakes made in the UK’s Equality Law. This is all positive news for trans* islanders.
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.
Written by Sarah Savage, a new children’s book is out now that explains gender in all its varied forms.
For more information see Jersey Evening Post: 4 October 2014
Tips from gender therapist Dara Hoffman-Fox. There are more videos in this series but we have just provided links to the ones that we think are most helpful to Jersey residents.
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.
When we’re born, a doctor instantly deems us to be one of two things: male or female. But gender isn’t just between our legs. It’s also between our ears. So, what happens when how we look on the outside clashes with how we feel on the inside? Do we settle? Do we change? And at the end of the day should gender really be as big a deal as society wants us think it is? In this talk Decker Moss explores these issues and more, as he struggled through not only one but two major gender-related transitions in his life.
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 