union civile

Trans* Jersey

States of Jersey consultation on equal marriage

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:

  • Same-sex civil marriage only
  • Same-sex civil marriage and same-sex religious marriage
  • Same-sex and opposite-sex civil marriage only (also known as civil union)

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.

statesGet 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

Equal Marriage update

Trans* Jersey met with Chief Minister Ian Gorst on 29 July 2014. In attendance were Senator Paul Routier, Ruth Johnson (Assistant Director, Social Policy), Martin Gavet, Ellie Jones and Pippa McCarthie from Liberate, Emma Poulliquen and Sara Garwood from the LGBTQ liaison team of the States of Jersey Police, Vicki Twohig and Mark Capern from the Youth Service, Christian May from change.je, Dr Elena Mora and Toni Roberts from Jersey Community Relations and Montfort Tadier from the Human Rights Group.

Martin Gavet opened the meeting by presenting a video produced by Liberate (below).

Vic Tanner Davy of Trans* Jersey followed this with a presentation discussing two possible options for same-sex marriage that would provide LGBT islanders with equality. You can download the Powerpoint presentation here.

The presentation started by asking the question, “they’ve got Civil Partnerships, why do they want marriage?”, which is something that has been heard more than once since the debate started. For the trans community, having a single means for two people to marry is really important as it means that divorce is no longer a requirement when someone transitions within a marriage or civil partnership. Having two “streams” (marriage for heterosexual couples and civil partnerships for homosexual couples) does not work.

The term GRC (gender recognition certificate) was explained to the meeting and its significance for trans people. It was pointed out that the state cannot ask a trans person to choose between their right to be married and their right to their GRC.

The presentation suggested two possible solutions: adopting the Scottish model (the Marriage & Civil Partnership (Scotland) Act 2014) or the Union Civile being proposed by Guernsey’s Chief Minister, Jonathan Le Tocq.

The Scottish same-sex marriage law is an improvement on the England & Wales law because it enables couples who are converting from a civil ceremony to a marriage to have a ceremony (in England & Wales you simply get a conversion certificate); it provides a route for gender recognition and converting a civil partnership into a marriage all in one process; it also contains no “spousal veto” clause; and it includes adultery as grounds for divorce (the England & Wales law ignores the possibilities of dissolution by adultery and of non-consummation of a same-sex marriage).

The meeting was informed that this was because the lawmakers could not decide how to define same-sex adultery (or non-consummation) so, rather than change the legal definition of adultery as penetrative sex, they left it out. As both Vic Tanner Davy and Ruth Johnson pointed out, if you can prosecute homosexual rape, you can define what legally constitutes homosexual sex. The meeting was in general agreement that if opposite-sex marriages can be dissolved through adultery or non-consummation so should same-sex marriages because the emotional consequences are just as devastating.

The presentation moved on to look at the proposed Union Civile in more detail. A handout explaining how the law might work and its implications can be downloaded here.

The meeting discussed the implications of the Union Civile for the Anglican church in particular. Both Liberate and Trans* Jersey are sensitive to fact that they would be the religious group most affected by the Union Civile and that its proposal could be seen by some as a first step towards disestablishing the Church of England. Having spoken to church leaders, Liberate and Trans* Jersey know that the Union Civile, although the ideal solution for many, will be a very difficult motion to put through the States.

This is why two solutions were proposed. Although the Scottish model still retains two laws for marriage, it does provide all the non-negotiable elements that we are asking for. The question then becomes, is it wise to pick a battle with the Anglican church, via the Union Civile, that possibly does not need to be had?

Ruth Johnson responded to the presentations and opened the meeting up to further discussion. She informed the meeting that the States are intending to move quickly on this because there is no good reason not to. There will be a public consultation from mid-August to mid-September that will ask the public to comment on a number of options for same-sex marriage. In addition to the two options favoured by Trans* Jersey and Liberate, there will be one that allows for two marriage “streams”, but this time divided between civil marriage and religious marriage, and one that offers civil partnerships to opposite-sex couples as well as marriages to same-sex couples.

The States are endeavouring to encompass a number of matrimonial loose ends in the consultation process, not just same-sex marriage. They also want to know whether opposite-sex couples would like civil partnerships and whether humanists and non-religious groups would like to carry out marriages.

The meeting discussed a number of issues arising from the presentation and from Ruth’s outline. There was no suggestion from those at the meeting that what the States of Jersey are proposing to publicly consult on is in any way inappropriate, although a copy of the consultation document was not available and would not be available until after the Chief Minister had met with religious leaders on 1 August 2014. It was felt by all that Ruth Johnson, in particular, had done an impressive job of understanding the issues and researching the various marriage laws to come up with a number of options.

Following the public consultation, it is anticipated that the Chief Minister will bring a report before the States at the end of September/beginning of October. Liberate and Trans* Jersey both expressed the hope that an educational presentation to States members would be possible as part of the process of bringing draft legislation before the States Chamber in order that the issues for LGBT people could be explained to members and they would have a chance to ask questions. The Chief Minister confirmed that was part of the plan.

The meeting was friendly and open with those present feeling very encouraged by what the States of Jersey are proposing to do regarding enabling every islander to have equality when it comes to marriage.

Trans* Jersey

Media links: Meeting with the Chief Minister

Jersey Evening Post: Tuesday 29 July 2014:
072914Channel Island equality charity Liberate will be meeting two senior Jersey politicians tomorrow, Tuesday 29 July 2014, with affiliate group Trans*Jersey.

The first meeting will be held with Social Security Minister, Senator Francis Le Gresley, over Jersey’s new Discrimination Law and provisions relating to sexual orientation and gender reassignment.

The second meeting with Jersey’s Chief Minister, Senator Ian Gorst, follows the recent debate when the States of Jersey Assembly voted 24 to 18 in favour of a proposition by Home Minister Ian Le Marquand to delay an in principle decision on equal marriage in Jersey. Instead the Assembly agreed to a round of public consultation on the subject which will end in December.

The move provoked strong public reaction and anger from islanders, who recently voted 81% in favour of equal marriage in a poll carried out by the Jersey Evening Post.

The meeting is part of an initial round of meetings with interested stakeholder groups as part of the public consultation on Equal Marriage.

Chair of Liberate Martin Gavet said:

“We welcome the opportunity to meet with both Senator Francis Le Gresley and Chief Minister Senator Ian Gorst, on these important matters.

“For far too long Lesbian, Gay, Bisexual, Transgender and Questioning people in all our Channel Islands have been treated as second class citizens and we see these meetings as a sign that Jersey is committed to ensuring that it becomes a fair and equal society.

“These are issues that transcend politics. Politics has a vital role to play in protecting the rights and freedoms of citizens. Legislation will help to enshrine those values of a caring and compassionate society. Values that acknowledge that everyone is born free and equal in both dignity and rights.

“It will define how we as individuals are expected to treat each other, no matter what someone’s gender is, their gender identity, their sexual orientation, race, disability or belief. Discrimination breeds intolerance and hatred. We hope that soon there will be no hiding place for such attitudes which only serve to divide families, damage the fabric of our society and destroy lives.”

Liberate-Chief-Min
Above (left to right): Pippa McCathie, Support Director (Liberate); Ellie Jones, Vice-Chair (Liberate); Martin Gavet, Chair (Liberate) and Vic Tanner Davy founder of Trans*Jersey, standing outside Jersey’s Cyril Le Marquand House after meeting with Jersey Chief Minister Senator Ian Gorst.

Campaigners for Lesbian, Gay, Bisexual and Transgender rights met with Jersey’s Chief Minister Ian Gorst yesterday over proposals to introduce same-sex marriage.

Liberate, a Guernsey-based registered charity which represents the Channel Islands LGBTQ community described the meeting as constructive, well-researched and informed.

Liberate gave a video presentation to the meeting, which included representatives from other groups working with Jersey’s LGBTQ community, including Trans*Jersey which also gave a presentation.

During the recent States of Jersey debate on a proposition on Equal Marriage there had been considerable discussion around the “unintended consequences” of introducing equal marriage.

“Our video obviously struck a chord with those present at the meeting, especially Senator Gorst and his colleagues” said Martin Gavet, Chair of Liberate.

“It highlighted the consequences of not introducing equal marriage, and continuing to allow discriminatory laws and policies in Jersey society. It had a clear message that discriminatory laws and practices damage the very fabric of our society and family life. Such laws and practices, effectively say to citizens that prejudice, intolerance and hate towards others is acceptable.

“What society needs to wake up to is that this has a hugely damaging effect especially in respect of areas such as mental health and wellbeing. LGBTQ people are known to be twice at risk of anxiety, depression, substance misuse, self harm and suicide. Gay teens have recently been shown to be 6-9 times more likely to attempt to take their own life. Why? Because of the feelings of isolation, bullying, harassment, etc.

“This costs us in terms of emergency, acute, mental health care, policing, education and the welfare state. However this is just the financial cost to society. The tragedy is that families have disowned their own children just for being LGBTQ, and lives have been lost and will continue to be lost in our islands due to such prejudice.

“So long as we have laws that discriminate, we will find it harder to challenge prejudice as not all of us will be treated fairly and equally in dignity and rights.

“Above all this is about allowing two people who love each other the right to show that ultimate commitment – giving them the right to marry. The fact that we as a community have had to fight so hard for this right clearly shows to our decision makers how much we value and respect the institution of marriage”.

The meeting discussed models of equal marriage and civil unions in other jurisdictions including, England and Wales, Scotland, and South Africa. It is the first of several meetings and it is anticipated that the public consultation process may finish before Jersey’s elections in October.

Earlier in the day Liberate and Trans*Jersey also met with Senator Le Gresley, Social Security Minister over the introduction of the Discrimination Law and the inclusion of provisions relating to sexual orientation and gender identity.

Trans* Jersey

Press release: 8 July 2014

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.

gay-marriage-ukTrans* 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.”

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:

  1. Introduce Equal Marriage Legislation
  2. Give transgender people full access to services to allow them to transition to their gender identity
  3. Introduce anti-discriminatory legislation or an Equality Act which addresses homophobic, biphobic and transphobic hate crime
  4. 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:

Liberate 170614

Trans* Jersey

Open letter to Jersey’s politicians on equal marriage

Why civil partnerships do not make for equal marriage

For those who think that they were made some kind of promise by the gay community that civil partnerships would be enough to ensure equality, I can confirm that no such promise was made by the trans community who have always known that civil partnerships do not provide true equality. As Jersey law stands, a person in a marriage or civil partnership who undergoes gender reassignment whilst still in that union is severely discriminated against.

A key part of a transgender person’s journey is acquiring their gender recognition certificate (”GRC”) after two years of living as their true gender. It is a legal document that means for all purposes you are the gender you present. It enables a trans person to have all legal documents amended, including their birth certificate. It also provides a degree of privacy protection for the trans person because it is an offence under the Gender Recogntion (Jersey) Law to “out” someone in possession of a GRC, for example, when giving an employment reference.

Under current Jersey legislation, at the point at which a trans person in a marriage or civil partnership applies for their GRC, they are forced to dissolve their union. Having done so, they are then expected to re-make their union using the vehicle appropriate to their gender and the gender of their spouse. The choice for transgender individuals in this situation is clear: either, do not apply for your GRC and continue having your official documents “out” you; or, change your official documents at the cost of losing your legal ties to your family.

Anyone who has been through a divorce will know that not only are there costs involved, emotional and financial, but also that a divorce immediately stops the continuation of joint arrangements, such as pension provisions, insurance policies and wills, some of which cannot be re-started without severe penalty. And, if the union has produced children, the situation gets even more complicated. I think that all sides of the marriage argument would agree that nobody should be forced to go through a divorce.

lesbian-marriageIn 2006, the International Commission of Jurists and the International Service for Human Rights developed a set of international legal principles on the application of international law to human rights violations based on sexual orientation and gender identity. These were called the Yogyakarta Principles and, whilst not adopted as an international standard, are cited by UN bodies and national courts, and many governments have made them a guiding tool for defining their policies in the matter. The European Commissioner for Human Rights has endorsed the Yogyakarta Principles, in particular principle number 3, and considers them an important tool for identifying the obligations of states to respect, protect and fulfil the human rights of all persons, regardless of their gender identity.

Yogyakarta Principle number 3 states that, “Each person’s self-defined sexual orientation and gender identity is integral to their personality and is one of the most basic aspects of self-determination, dignity and freedom… No status, such as marriage or parenthood, may be invoked as such to prevent the legal recognition of a person’s gender identity.”

Whilst legislation exists that gives opposite-sex couples a different piece of paper from same-sex couples, there will always be an inequality at the heart of the island’s laws. Jersey is proudly bringing in the first piece of anti-discrimination legislation later this year and, yet, enshrined within its laws is a nasty little “gotcha” that discriminates against a person in a marriage or civil partnership who transitions. If Jersey is serious about improving its human rights credentials on the world stage, it needs to adopt the Yogyakarta Principles as an internationally recognised model of best practice and address anomalies within its legislation such as this.

This is why Trans* Jersey is supporting Guernsey’s proposition for a Union Civile that requires all couples, regardless of gender, to wed in a civil ceremony that registers the union for legal purposes. Having done the legal part, couples who then wish to seek a church service aligned to their religious beliefs regarding marriage can do so. This solves the argument over the definition of marriage that exercises religious and secular groups, and it enables a transgender person to acquire their GRC and alter the gender on their Union Civile certificate without having to divorce. It is an elegantly simple solution to the problem and one that we hope Jersey will also propose, debate and pass.