@AtTheDickensDesk
My apologies for the delay, my battery was about to run out, I'd just had another personal attack for daring to stand up for trans people's rights and I had other responsibilities so I went and did other things.
- It turns out the numberpad on my computer isn't working very well; the 1971 toff was Captain Arthur Cameron Corbett, 3rd Baron Rowallan who was a total cad to his wife.
- In terms of a simple explanation of complex human rights law, I'm certainly not putting myself forward as an expert. I linked, earlier, to this summary which I found really useful and interesting:
www.echr.coe.int/Documents/FS_Gender_identity_eng.pdf
- Such as I can explain, I will; firstly by reference to two other examples which have come up in this thread to clarify the ideas before everyone starts shouting about trans women being men:
a. Your human right to a private and family life isn't that we all get the right to marry the person of our dreams and shack up come what may. It's more subtle than that:
The state is not allowed to prevent you from marrying the person of your dreams if they want to marry you too and the only thing in the way is a unreasonable duty from the state.
Equal marriage is the obvious current example: LGBTQ+ people were allowed to marry someone of the opposite sex but not someone of the same sex. Why? Bluntly because the UK has had some of the most homophobic laws across history and it'd been decided that being Gay itself was unlawful in living memory.
The right to equal marriage is actually a protection from the government imposing a rule on people that prevents them from living their own lives and having a family.
b. Similarly, the repeal the 8th movement in the Republic of Ireland was predicated not on forcing people to have abortions (clearly wrong) or denying people the right to an abortion (equally clearly wrong) it was the removal of a government restriction of people's private lives which could not be justified by the outcomes.
Again; human rights being a shield to stop the government making abortion a crime with all the attendant horrors that resulted.
c. The argument for trans rights and the GRA is similar: why should people not be allowed to change their legal gender? If there is a difference in their presented Gender and their documentation, they will subject to discrimination (and have been, I found a massive list of examples citing everything I could think of and several more but don't have it to hand).
Trans people were also prevented from various other things like being buried as their gender (which seems frankly cruel), getting married as their true selves (which again, harms absolutely no one and restricting it seems totally bigoted and just nasty) and faced constant barrages of discrimination because they had to give people massively private information in order to get a job and were often fired or not hired as a result.
The case histories are actually pretty sad. Those trans people didn't get some mythical advantage by being openly trans and the government and others were restricting them from living their lives in peace (remember the protection from not the protection to...).
That came to a head, for the UK in the Goodwin case in relation the late 1990s and the 2004 Gender Recognition Act where an international court found that there was no justification for the refusal to accept people as who they were save for a very limited (and as far as I understand totally misconceived medically) process for certain people with intersex conditions.
I actually met some of the people who this impacted, years ago. They'd spent years having to sort out a right b*llsup at the time of registration and carried their birth certificate round with them like a touchstone (except worn so thin it was almost see though).
That got replaced with the bureaucratic process we have now. I've heard it described as "something you get when you need it" and it still seems odd to me personally that it's so long-winded given that it doesn't give trans people superpowers and legally can't impact on cis people except in a tiny number of circumstances.
Remember, the right to update records of birth and marriage is totally separate from the Equality Act and access to spaces. There was no 'good' reason for the restrictions; the government fought the case all the way and lost. Basically claiming that other cases from the 1990s impacting the same questions 'didn't count' because, well, UK government.
The case then was about the direct impacts - the pension provision, getting married and workplace discrimination (which was unlawful but still rife: anyone claiming otherwise can go and argue that "Mummy Tracking" is ok somewhere else and come back when they've learned better) - but it was also a question to the government: was there a valid reason not to respect trans people? The answer, obviously, was no. The rules and law (created by accident in a case about a toff wanting to get away without paying for a divorce) were an unjustifiable breach of human rights.
In some way it mirrors some of the GC debates
- "it's a bit confusing on paperwork"
- "I don't want to have to learn a new name and title"
- "this (insanely convoluted and difficult process) will be abused"
- "what about titles and insurance"
- "safety (except that had be governed by separate law and it was already protected and working far earlier than this)"
All of those arguments seem to have been tried and the highest applicable Human Rights Court said: 'trans rights are human rights', that the restrictions were unlawful, that the Government's excuses were pitiful (which, as far as I can see they were) and that trans people's article 8 rights required that they be allowed to change their sex / gender (the laws are old and there seems to be no consistency in the use of the terms at all.)
All the GC claims seem to be that as some of the presenting discrimination has changed over time, that the fundamental reasoning that the government was breaking human rights law in relation to trans people goes away but that's not how Human Rights Law works; it's a right you can expect of your government and it's the government's job to prevent discrimination against people in minorities because they don't do a lot of good otherwise.
As I said: history cited, some of the typos cleared up (and some new ones, I'm sure) and an inexpert explanation of something mindblowingly complicated in part because things 'felt off' and I wanted to understand it for myself.