I have been reading through the McCann evidence (barrister appointed in October 2015 as a Specialist Advisor to the House of Commons Women and Equalities Select Committee to advise in connection with its Transgender Enquiry).
McCann was asked to consider various questions pertaining to the proposed Bill.
Two things struck me.
(1)
The gender reassignment definition given in the GRA 2004 is quoted:
'The protected characteristic of “gender reassignment” in s.7 of EqA
will apply to any person proposing, undergoing or who has
undergone the process (or part of a process) of reassigning his/her
sex from his/her sex at birth by changing physiological or other
attributes of sex.'
Ms McCann's footnote then states:
“Changing” attributes of sex would include, for example, a change of name, appearance (eg, clothing; hair
style; or other aspects of appearance), hormone treatment as well as surgical interventions. However, medical
treatments are not necessary to demonstrate a process of gender reassignment.
Surely, changes to hairstyle and clothing are changes to the attributes of gender, rather than of sex, as the GRA requires? The fact that the GRA is uses biological sex as the fulcrum implies something a little more fundamental than putting on a dress, to me at least.
(2)
When considering which transgender individuals are covered by the existing legislation (in the context of why it might need to be widened), it is noted that:
" ... a Gender
Recognition Certificate is only available to an individual who meets
the criteria of the Gender Recognition Act 2004 (which includes
evidence of a diagnosis of gender dysphoria). Many “transgender”
people (including intersex, non-binary, a-gender or gender fluid
individuals) would not secure a diagnosis of “gender dysphoria”
and so would not be able to obtain a GRC. Consequently, some
individuals may not propose to undergo any part of a process of
gender reassignment for that reason."
I think many people, when considering the trans issue, assume that crippling gender dysphoria is always present, and are sympathetic accordingly.
But if protection is given to non-dysphoric individuals, that means Andie, basically. And that's not on.