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
Jersey Evening Post: Tuesday 29 July 2014:
Channel 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.”
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 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.”
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.
In 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.
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 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
Trans* Jersey 