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Feminism: Sex and gender discussions

Government says it is too complex to make changes to the GRA to include non binary

312 replies

stumbledin · 21/05/2021 19:51

As set out in the response to the Gender Recognition Act consultation, there are no plans to make changes to the 2004 Act.

Following a considerable amount of consultation with the public and representative organisations, the Government decided that the current provisions within the GRA allow for those that wish to legally change their sex to do so fairly.

The 2018 GRA consultation did not bring forward any proposals to extend the GRA to provide legal recognition to a third, or non-binary, gender. The Government noted that there were complex practical consequences for other areas of the law, service provision and public life if provision were to be made for non-binary gender recognition in the GRA.

In UK law individuals are considered to be the sex that is registered on their birth certificate – either male or female. The GRA provides a means for transgender people to change the sex on their birth certificate, but there is currently no provision for those who do not identify as male or female.

This Government wants everybody in the UK to feel safe and confident to be themselves.

We are committed to tackling all forms of homophobic, biphobic and transphobic hate crime, and are working with the Home Office on the cross-Government Hate Crime Action Plan. The Government has asked the Law Commission to review the current hate crime legislation, which includes exploring whether homophobic, biphobic and transphobic hate crime should be considered an aggravated offence. We will also take an assessment of local support for hate crime victims and improve reporting and recording of LGBT hate crimes through supporting additional police training.

Following Parliamentary approval on 8th October 2020, voluntary questions on sexual orientation and gender identity were included in the 2021 Census for England and Wales which took place on Sunday 21 March 2021. Final data on sexual orientation and gender identity from the 2021 Census for England and Wales will likely be available from 2023, with initial Census findings planned for publication in March 2022 (timelines subject to change as work progresses). This will help to provide more robust population size estimates for England and Wales than are currently available.

This Government is committed to supporting all LGBT people, tackling discrimination and improving the lives of all citizens.

Cabinet Office
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This is in response to a petition that I will not link to for fear this thread will get banished to the wastelands of the petition section.

But there is a news story here. uk.news.yahoo.com/non-binary-legal-recognition-too-153914753.html

OP posts:
BlueLipstickRocks · 26/05/2021 15:07

Hasn't the process been tweaked to allow more people to get a certificate?

Not at all. Price was never a barrier as for those on low income it was waived so many never paid a penny.

The criteria never changed.

PearPickingPorky · 26/05/2021 15:04

From the EHRC in 2018 (my bolding):

At the same time, a trans person is protected from sex discrimination on the basis of their legal sex. This means that a trans woman who does not hold a GRC and is therefore legally male would be treated as male for the purposes of the sex discrimination provisions, and a trans woman with a GRC would be treated as female. The sex discrimination exceptions in the Equality Act therefore apply differently to a trans person with a GRC or without a GRC.

So no. It is not the EA which gives access to single-sex spaces, services and sports to members of the opposite (legal) sex.

RedDogsBeg · 26/05/2021 15:02

@Cleanandpress

The personal choice view of single sex means that those whose personal choice is single sex get NO CHOICE.
Exactly, and the ones for whom that removal of choice impacts on the most are surprise, surprise women, the very people who need it the most.
Helleofabore · 26/05/2021 14:59

@BlueLipstickRocks

The EA is an intersectional mess.

I entirely agree. The EA is contradictory and awful legislation driven by Stonewalls influence on EHRC. Thankfully EHRC have seen the light.

Gender Reassignment is not Gender Identity.

As to GRA its still a hugely gatekept process and I don't see it as being the big issue. 5,000 GRC holders in 15 years versus 600,000 transgender at lowest estimate so that's much less than 1%.

I agree with you here BlueLipstick.

However, wasn't the point of lowering the price meant to make it more accessible. Hasn't the process been tweaked to allow more people to get a certificate?

Out of interest, what effect do you think this will make?

Cleanandpress · 26/05/2021 14:57

The personal choice view of single sex means that those whose personal choice is single sex get NO CHOICE.

PearPickingPorky · 26/05/2021 14:53

@BlueLipstickRocks

The EA doesn't give those with the PC of GR access to the provisions of the opposite sex.

It most certainly does!

It most certainly does not. Even the EHRC in its old Stonewall guise conceded that.
Cleanandpress · 26/05/2021 14:52

Duplicate automatically!

Cleanandpress · 26/05/2021 14:51

@BlueLipstickRocks

The EA doesn't give those with the PC of GR access to the provisions of the opposite sex.

It most certainly does!

Not automatically. In some cases yes.

There's lots of interpretation of the single sex exemptions but it's not automatically overidden by reassignment automatically.

That's what women are pushing back on.

It makes a nonsense of sex exemptions to say they are a personal choice.

JellySlice · 26/05/2021 14:48

For example by definition a transsexual will almost certainly be dysmorphic therefore the idea of them exposing themselves to women is negligible.

A quintessentially masculine perspective!

They still have the male socialisation that encourages them to prioritise their desires and dismiss women's needs or feelings as irrelevant (if they are even noticed). They still have the physiology that results from male puberty, being taller, stronger and faster than almost all women.

BlueLipstickRocks · 26/05/2021 14:46

The EA doesn't give those with the PC of GR access to the provisions of the opposite sex.

It most certainly does!

RedDogsBeg · 26/05/2021 14:39

The fact is that the chipping away at single sex provisions is all coming from the starting point that all males can choose based on their personal identity and that legislation must acheive that at all and any cost.

The chipping away started with the GRA with the idea that a man can somehow become a woman for all intents and purposes, it is reductive. Once that was put into law no matter what the purported gatekeeping it ruled that woman as a biologically defined legal concept was available to men. It should never have happened.

ZuttZeVootEeeVro · 26/05/2021 14:36

For example by definition a transsexual will almost certainly be dysmorphic therefore the idea of them exposing themselves to women is negligible.

Why did you go to indecent exposure? I was talking about safeguarding in general not one specific crime.

Also, I would be interested how you came to the conclusion of 'negligible'. Given that grc is protected, it's very difficult (maybe impossible) to know the number of people with a grc who have committed indecent exposure.

JediGnot · 26/05/2021 14:34

@EdgeOfACoin

There are factors other than safety at play too. Personally, I think 6 is the oldest a boy should use women's toilets. Plenty of women disagree with me.

Not so very long ago there was a boy of about 8 in the ladies loos, giggling and trying to peek at women through the gap in the doors. Highly inappropriate. I felt perfectly safe, but I wasn't comfortable with him there.

It isn't just about safety.

I would have thought that there is only one reason for a boy to be in a women's toilet - because he is too young to go into a public toilet alone. Which means he needs to be ACCOMPANIED and SUPERVISED, and because he is with his mother and not his father it the the women's toilet that he goes in WITH HIS MOTHER.

Either his mother was doing a poor job of supervising him (which may or may not be her fault), or he is an entitled (albeit young) male forcing his way unconsented into female space.

PearPickingPorky · 26/05/2021 14:32

@BlueLipstickRocks

No, it was the GRA. The Equality Act doesn't change people's legal sex.

So the issue us the GRA which changes legal sex of 5000 people and not the EA which allows 600,000+ to self identify?

It's not the GRA that gives access its the EA.

The Equality Act only allows people to "self-ID" as trans, or more specifically to self-ID into the Protected Characteristic of Gender Reassignment. As far as female-only spaces go, having that PC is not relevant to male access.

The EA doesn't give those with the PC of GR access to the provisions of the opposite sex.

Cleanandpress · 26/05/2021 14:29

The fact is that the chipping away at single sex provisions is all coming from the starting point that all males can choose based on their personal identity and that legislation must acheive that at all and any cost.

The recent thread here about a word change from dysphoria to incongruence in NI is illustrative of the strategy.

What are women supposed to do? It's been made absolutely clear the contempt women are held in. Christine Burns MBE called women pig ignorant last week for expecting single sex to mean single sex. This is someone who has been involved in trans rights for decades. Thinks women are pig ignorant.

We are now clinging onto women's sports by our finger tips from transexuals and transgender alike with sports organisations listening to academics tell them women must try harder. Are we just not trying hard enough as well as pig ignorant?

Getting angry with women when we are reacting to this in the only rational way is the default response. We are pig ignorant.

Well I'm all out of respect for anyone calling me pig ignorant as a response to my expectation that female means female and not any identity.

Sort out the leadership who want pig ignorant women to do as they are told. Meet the new boss, same as the old boss.

PearPickingPorky · 26/05/2021 14:28

@BlueLipstickRocks

You are fully aware that the gatekeeping is for the protection of the patient, not the women and children who may come into contact with those with a grc.

I believe it does both.

For example by definition a transsexual will almost certainly be dysmorphic therefore the idea of them exposing themselves to women is negligible.

Then why do some heterosexual males, with no dysmorphia around their genitals, who cross-dress for years often escalate in middle age to hormones and surgery?
RedDogsBeg · 26/05/2021 14:25

Or maybe the GRC and it's legal fictions was the start of the gender nonsense

It was and the EQA made it worse. A few sensible voices did raise the alarm and predicted what would happen but they were shouted down or ignored. Messing with the definitions of male and female and producing a legal fiction that had to be kept secret as if it was a matter of national security was always going to end badly it was a bad law at the time and a complete over reaction to solving a problem.

I would agree that in the here and now women need completely separate legislation and our rights to our language, single sex spaces, sports and facilities, to be absolutely and unequivocally enshrined in law.

BlueLipstickRocks · 26/05/2021 14:25

No, it was the GRA. The Equality Act doesn't change people's legal sex.

So the issue us the GRA which changes legal sex of 5000 people and not the EA which allows 600,000+ to self identify?

It's not the GRA that gives access its the EA.

BlueLipstickRocks · 26/05/2021 14:23

You are fully aware that the gatekeeping is for the protection of the patient, not the women and children who may come into contact with those with a grc.

I believe it does both.

For example by definition a transsexual will almost certainly be dysmorphic therefore the idea of them exposing themselves to women is negligible.

PearPickingPorky · 26/05/2021 14:21

@BlueLipstickRocks

women were so completely dismissed and disregarded when the GRA was brought in.

It wasn't the GRA that did that it was the Equality Act 2010.

No, it was the GRA. The Equality Act doesn't change people's legal sex.
BlueLipstickRocks · 26/05/2021 14:20

The EA is an intersectional mess.

I entirely agree. The EA is contradictory and awful legislation driven by Stonewalls influence on EHRC. Thankfully EHRC have seen the light.

Gender Reassignment is not Gender Identity.

As to GRA its still a hugely gatekept process and I don't see it as being the big issue. 5,000 GRC holders in 15 years versus 600,000 transgender at lowest estimate so that's much less than 1%.

ZuttZeVootEeeVro · 26/05/2021 14:20

The process of a GRC is very much gatekept. An application must be supported by a specific NHS approved medical expert.

You are fully aware that the gatekeeping is for the protection of the patient, not the women and children who may come into contact with those with a grc.

ZuttZeVootEeeVro · 26/05/2021 14:15

The idea that a man can get female recorded on their birth certificate and that change has to remain confidential has compromised women and childrens safeguarding and the ability of informed consent.

The EA is an intersectional mess.

Both need revisiting. Women probably need our own legislation away from other rights.

BlueLipstickRocks · 26/05/2021 14:11

Press for Change managed to get the GRA through without anyone really noticing what was happening.

Why is the GRA seen as the issue? PFC drive the EA changes not GRA.
Even before the GRA we had the Sex Discrimination Act (Gender Reassignment).

Transsexual law has existed for decades. It was the EA that introduced self id into law.

AdHominemNonSequitur · 26/05/2021 14:10

I fear this is true, but hope that it isn't. It was working ok, until all the gender nonsense started. Or maybe the GRC and it's legal fictions was the start of the gender nonsense. Either way I hope we can navigate a way through that protects Blue and other transexuals. I think a GRC might be a way to do that, since it exists already. As we are so often reminded by TRA's, there is nothing but convention stopping anyone from going anywhere. Gender ideology seeks to change the conventions and the erode the law. The GRC remains unchanged. Regardless of the logic and the complications of 'policing' single sex spaces, people with a GRC remain legally entitled to use the opposite sex toilets.

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