To be fair there were quite a few Parliamentarians sounding loud klaxons warning that what exactly has happened would happen. Unfortunately they were drowned out by the massive Labour majority, that is when they were not being given false reassurances by the likes of Lord Filkin.
Neither were all persuaded that the intended beneficiaries were uniformly shy, herbivorous creatures.
"The bill potentially hands the more aggressive transsexuals a legal stick with which to beat those who disagree with them. We must do more to limit the scope for vexatious litigation" ~ Baroness O'Cathain 2004
https://x.com/HairyLeggdHarpy/status/1401842484905451521
Baroness O'Cathain
moved Amendment No. 50.
Page 5, line 13, leave out "all purposes" and insert "the purposes of this Act"
The noble Baroness said: My Lords, I return to this issue of Clause 9 and its blanket assertion that a person who gets a gender recognition certificate changes sex in law "for all purposes". It is notable that the Government chose to call this the Gender Recognition Bill, "gender" being a political term favoured by sociologists who like to think of one's sex as a fluid concept and something which can be changed. "Gender" is the word used to write most of this Bill.
However, in Clause 9 where it really counts, the word used is "sex". In law it is a person's sex that is said to change. In Committee we have had all the arguments about how ludicrous it is to suggest a person can change sex, but the Government are determined to legislate for it. However, it is not yet clear why it is that a person's sex must be changed in law for all purposes. I fear that if we leave this clause in, the law of unintended consequences will occur in spades. Who knows what speculative litigation could be launched by a person with a gender recognition certificate on the basis that he should, for all purposes, be recognised as a woman? Sadly, some transsexuals seem to be extremely litigious, and very anxious to use the law to try to force other people to accept them in their chosen sex. It may be that they have felt excluded for many years and then, having got what they think they want, wish to parade it. I think it is probably a human failing, but that seems to be the way it happens.
The reason we are here with this Bill is that Christine Goodwin insisted on pressing his case all the way to the European Court of Human Rights. Before him we had Rees, Cossey, Sheffield and Horsham all of whom sued all the way up to Strasbourg. The Government believe that they have to conform to the ruling in Strasbourg. Do they need to go so far that, in UK law, for all purposes, a person's sex is changed? Is that the case in all 14 other European Community states, or are we, once more, gold-plating? I need not explain to your Lordships what "gold-plating" means. We seem to have been doing it for ever. I base that statement on all the experience that I had in the agriculture sector many years ago.
Once the Bill becomes an Act, a man really will become a woman in law. On the second day in Grand Committee, I gave the example of the BBC programme:
"At the moment there is an example in the news of a BBC programme in which a transsexual man was referred to as a man. Press for Change, the transsexual rights group is campaigning for the BBC always to refer to transsexuals in their chosen gender".
That is even before we have the Gender Recognition Act. I also said:
"That is indicative of the Orwellian nightmare that the Bill encourages. Will people who refuse to call a transsexual man a woman routinely face that kind of hostility? Given what we established yesterday"—
the first day of Grand Committee—
"which is that the Government believe that many people change their minds and revert to their real gender, or oscillate between the two"—
I must qualify that once more by saying that the Minister did not say "many"; it was the joint working party to which I referred earlier today—
"how are people to know which gender a person wants to be known as at any particular time? I say again that it is absurd to say that a man can become for all purposes a woman or vice versa".—[Official Report, 14/1/04; col. GC 64.]
There are recorded instances in the United Kingdom of individual transsexuals using legal threats to intimidate people into accepting their change of sex. Only last week, Elizabeth Bellinger, who took his case for recognition as a woman all the way to your Lordships' House threatened legal action against the Christian Institute. The institute published a briefing describing Mr Bellinger as a man, and Mr Bellinger says that that is libellous.
The Government seem to think that all transsexuals are delightful, kind and tolerant. Most people are delightful, kind and tolerant, but we cannot accept that transsexuals are different from any other sector of the population and that there are not some who are nasty, unkind and intolerant. The Bill potentially hands the more aggressive transsexuals a legal stick with which to beat those who disagree with them. We must do more to limit the scope for vexatious litigation. We must do more to prevent the courts running amok with the legislation, forcing it to new extremes of which, no doubt, the Minister would disapprove.
Later at this stage, I shall come back to crucial issues of religious liberty in respect of which clear, unambiguous protections must be put in the Bill. In the mean time, I move the amendment to find out from the Minister the purposes for which a person's sex changes. Why must the provision be so broad? Why must it make an assertion that not only conflicts with common sense but could be used in whole areas of law to force acceptance of a person's sex change on unwilling conscientious objectors? Why cannot Clause 9 say simply that the legal change is only for the purposes specifically enumerated in the Bill, which is, after all, pretty comprehensive? I beg to move.
https://hansard.parliament.uk/Lords/2004-01-29/debates/f813c7d4-41a1-4cfd-8115-6be9753889e5/GenderRecognitionBillHl#contribution-5c83f894-2b89-4d44-8c40-4369c5c01ffc
HairyLeggdHarpy's "Thread of Threads" is a fantastic repository but makes one weep for the lost opportunities to limit, or even entirely dodge, the damage that has been done by the GRA.
https://twitter.com/HairyLeggdHarpy/status/1177699186361458688
Archived: https://archive.ph/b8ift
Archived: copy and paste the twitter/x URL in here: https://web.archive.org/
How did the Labour Government sneak the Gender Recognition Bill in under the RADAR in the first place? They did not include it in the Queen's Speech but introduced it the very next day.
Baroness Blatch:
". . . this Government have little time or regard for the history, conventions and traditions of this or the other place. There is a universally accepted convention that a line in the gracious Speech should state, Other measures will be put before you". That line is included to allow the government of the day the flexibility to introduce legislation later in the parliamentary year that had not been foreseen at the outset or in response to an emergency situation. However, the Government introduced the Gender Recognition Bill—not mentioned in the gracious Speech—the very next day. The Bill must have been in print even as the gracious Speech was being made."
https://api.parliament.uk/historic-hansard/lords/2003/dec/04/address-in-reply-to-her-majestys-most-1#S5LV0655P0_20031204_HOL_158
This day's debate on the Bill in the House of Lords covers a lot of issues that are a cause of such trouble to us now. They were foreseen but those who raised them stood no chance against the Labour Government's stealthily sneaking of the Bill in and then bulldozing it through both Houses, though to be fair most of the resistance was in The Lords.
The Government of the day must have known that the Bill would not have public support otherwise they would have trumpeted it in the Queen's Speech.
Gender Recognition Bill [H.L.]
HL Deb 18 December 2003 vol 655 cc1287-326
https://api.parliament.uk/historic-hansard/lords/2003/dec/18/gender-recognition-bill-hl#S5LV0655P0_20031218_HOL_58
Reading the passage of the relevant sections of the Equality Bill through the Lords is much the same sad story.