Theireminence I think that’s a partial account of how GRA happened, it’s just a more complex situation than that. You’re also applying a modern lens of gender identity politics that wasn’t even visible far and away over the horizon for lawmakers of any party in 2004. It really wasn’t a long held Labour project to bring in any form of what we now have as GRA. It wasn’t on anyone’s radar for statutory attention.
GRA didn’t come out of long held political aspirations by any party to create a means of legal sex change. GRA in fact came out of a requirement from the European Court of Human Rights during the lifespan of the Labour government of the day that demanded legally (and rightly I would say) that the UK government respond to a legal case called Goodwin. This case challenged the UK government over the fact that a man couldn’t marry his male partner who had had a ‘sex change’ operation and that people who wished to ‘live as the opposite sex’ were discriminated against because there was a different state pension age etc.
This genesis via ECHR requirement and the lack of real care for same sex couples to be able to marry and lack of real thought for the needs of people who might transition is really a tragic missed opportunity by the Labour government of the day. So that much I do agree with you on.
The government could have gone in a different direction with their response to ECHR. It is directly traceable back to the collective homophobia and misogyny of the day because the GRA is so completely written as a law for middle age male transitioners who have had their family already that GRA doesn’t even mention pregnancy or fertility issues. )So hence we recently had the TT case about wanting to be a dad or parent (not mother) on their child’s BC brought by transman with a GRC, Freddie McConnell, who carried and birthed a baby, and who remains at the end of the failed challenge, despite a GRC, the child’s mother legally on the BC.)
The GRA is a terrible piece of lawmaking and it’s drafting by the civil servants involved betrays their own sexism and homophobia. It was also achieved pretty undemocratically in terms of Parliamentary support through covert lobbying by Press for Change et al with no real public discussion, hardly any press campaign, just quiet lobbying of all sides in Parliament to get it through.
The tragedy is that we could have made same sex marriage and equal pension age law there and then in 2004 and avoided any concept of ‘legal sex change’ but the government did not want to do that. And neither- key point to remember- did the socially conservative politicians who questioned the GRA. They did not offer a socially equitable alternative, they just (rightly!) didn’t want the GRA. That something actually fair and careful and respectful of women was not on anyone’s proposals is the tragedy. The ECHR wanted a solution from the UK gov to Goodwin, they in no way said what the solution should be. We fucked that one up all by ourselves.
In 2004 the Christian church whether Catholic or CofE held much more sway than it does now and so the reasoning would have been that same sex marriage would never have got through Parliament. All that upset for a tiny minority of unhappy men. Same with messing with pension ages- a huge social change. So instead we got the GRA. The magic solution whereby people can change their sex on paper. I really hope the misogyny, sexism and homophobia and lack of principle in that choice of making a GRA, which completely throws out safeguarding for women and children, is clearly evident to everyone by now.
Lots of MPs (again deep in their sexism and homophobia) would have thought GRCs would only ever apply to a few desperate men who had had a sex change. Because what man would voluntarily want to live without a penis, they must have thought, only those pitiable ‘tr*nnies’ that we can acceptably laugh at, or at best pity.
So in that social and Parliamentary context as legislation had to be made to respond to the European Court of Human Rights, this shambles of a GRA is what the government came up with. It was linked to supporting gay rights, even though the principle of legal sex change is antithetical to same sex attraction, and would have been linked to not upsetting the church and presumably not rocking the Northern Ireland peace process by applying any ACTUALLY socially liberal law to the whole UK.
So the social conservatives of the day from religious and right-wing backgrounds sometimes asked the right questions, for which I am grateful but they didn’t offer a compelling alternative. Something had to be done. And so their rightful flagging of the impact on women was not looked at too closely and GRA was born with the expectation it didn’t really matter anyway because only tiny numbers of desperate men would use it. You can see the socially ‘beyond the pale’ aspects of GRA in the requirement for two doctors’ views in it- as applied to that other group socially beyond the pale at the time the law was framed in 1967-women who want an abortion.
I just don’t think anyone can credibly claim a clear thread of rightful political party thinking for any political party around the birth of the GRA.