As I said in answer to the last question, the Gender Recognition Act 2004 does not require trans people to have genital surgery to legally change their gender. This law has been in place since 2005. At the time it was world leading for not requiring trans people to be sterilised in order to legally change their gender – because of course that is what genital surgery effectively does.
Guardian interview with founders of Press For Change and prominant TRAs includes indication of why the 2004 GRA was passed without full scrutiny:
2013 'Voices from the trans community: 'There will always be prejudice'
It's more than 50 years since the UK's first trans person was outed in the press. So how do members of the community think life has changed for them since?'
(extract)
"In the 90s, when [Christine Burns] was chair of the Women's Supper Club of the local Conservative party association in Cheshire, she quietly joined Press for Change. Even then, the new activists dared not be openly trans. "The thing that held us back in the 1990s campaigning was that fear of being out," admits Burns. Eventually, she came out in 1995; she jokes that she realised she was more embarrassed to be a member of the Conservative party than openly transsexual.
Much of their campaigning remained on the quiet. The passage of the 2004 law to give trans people legal status was "remarkable," says Burns, because "the government was able to pass an entire act in parliament without anyone throwing a fit in the press".' (continues)
www.theguardian.com/society/2013/jan/22/voices-from-trans-community-prejudice
Penny Mordant MP Minister for Women & Equalities or her SPAD, should revisit the Parliamentary GRA debates, though as they are no doubt 'super-busy', Vulvamort @ HairyLeggedHarpy has done great deal of actual research to assist. (good idea to follow her & give a heads up to Matt Hancock and colleagues in Health as the research re their sex/gender deliberate obfuscation has been done too)
twitter.com/HairyLeggdHarpy/status/1049340616881180672
"Tweets from 2003: The Gender Recognition Bill
I'm going to tweet out a few of the illuminating comments from the debates that led to the GRA 2004, to save you all ploughing through Hansard.
One of the primary motivations (if not the foremost) for the bill was to avoid legalising same sex marriage. This featured VERY heavily in the discussions.
It was, in the Govt's eyes, FAR preferable to convert a same sex couple into a heterosexual couple via 'sex change' than it was to make same sex marriage legal:
And the justification of "if we allow sex to change we can sidestep same sex marriage" appeared over and over again...
One of the obvious flaws in the entire process was the deliberate confuscation of sex and gender. The govt admitted that the two concepts were NOT THE SAME
Note the NO.
And then note the utter balderdash that follows. In this order:
- Gender is not sex.
- Govt will legally recognise gender
- Gender should be legal sex
- Acquired gender = legal sex
- Something unexplained about man, woman and male and female
- Sex = Gender
To recap, sex and gender are not the same, govt acknowledges, but we'd like to create a law that pretends they are, whilst still knowing they are not. Cool.
This paved the way for what we've now seen evidence for: that 'female' people with penises can commit rape.
As we now know, this happens
Tebbit anticipated it, and the Govt acknowledged this would happen
(What is even more disturbing is that long before the EA2010 was created, the Police were recording 'female rapists' by their preferred gender identity without them having a GRC. The Met started doing this in 2009)
It's like the GRA was just a foot in the door.
The govt doubled down on every opportunity to confirm that yes, criminals could compel everyone to pretend they were the opposite sex. It's not like nobody thought this through. The Govt saw the consequences and accepted them.
(although again, this was ONLY EVER supposed to apply to that tiny number of legal transexuals that the GRA was meant to create)
How's that working out, do we reckon?
Several members pointed out that sex and gender were being hopelessly conflated and confused. They received answers like this one.
Nope, makes no sense to us either.
Each time someone raised concerns about prisoners and gender, they'd get a response like this one from Lammy.
Tiny number, hardly ever gonna happen, only certificated transsexuals.
Right.
Ann Widdecombe asked a pertinent question about what happens to children affected by the legal lie. Does a mother who becomes a man render a child motherless?
Check out the superb bodyswerve in this answer.
Anyone any the wiser?
Nor me.
There's one particular mention that stopped me in my tracks.
Read this comment from Tebbit. He references how easily Ian Huntley dodged justice by changing ID. Urging caution with the GRA.
This comment was made in 2003... (continues)
Lord Moynihan was an absolute trooper in making the case that this was a VeryBadMove for Sports.
In fact, Moynihan WARNED everyone that resorting to 'testosterone levels'instead of SEX was a truly crap idea
He makes the point that the numbers don't matter as much as the fact that it is BAD LAW.
The level of foresight was impressive.
Even he didn't anticipate that this would all be extrapolated way beyond his worst fears. Not just the GRC holders...everybody. (continues)
Baroness Cathain got it.
She knew this would be a legal fiction.
Cathain also realised that since you can't ask to see a GRC, you can't prove your entirely valid position of refusing someone on the grounds of sex. Leaving you open to being sued.
Sometimes whilst reading these comments, I feel queasy. Because where we are now is pretty much exactly where some people saw us going.
Cathain: "A basic human right for individuals to be free to believe fact rather than fiction"
"coerced, totalitarian-style law making"
threadreaderapp.com/thread/1049289194370002945.html
H/t & thanks to Vulvamort 