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Making our everyday lives easier

An updating of the Gender Recognition Act 2004 could greatly benefit trans people’s wellbeing, writes SAMANTHA JANE SMITH

I AM neither a journalist nor a politician, not even a celebrity. I am merely a normal trans woman who tries to go about her daily life, pretty much like everyone else. 

Over the past few years I have seen, and been on the end of, an increasing amount of anger aimed at transgender people (here I include non-binary people, but understand that some do not see themselves under the trans umbrella). 

There has also been a significant increase in the number of articles about trans people in the mainstream media over the past few years. 

It seems incredible to most trans people that others want to write about us, in particular about the state of our body parts. 

We are disproportionately showcased in the media, however the vast majority of these articles are merely about us, without any actual contribution from us. 

TV programmes about us rarely include, or involve, trans people and the narrative is almost always negative towards us. In this respect, any balanced view from the mainstream media has simply disappeared.

We are regularly told that we, and trans women in particular, are a threat. 

Yet despite there being no evidence of this, and in fact there is overwhelming evidence that shows we are not, we rarely get our side of the story portrayed in the media. 

We are simply ignored. Does this sound familiar? It’s an echo of the debate that’s taken place over gay rights from the ’60s onwards; the same old rhetoric, the same old fearmongering.

For trans people, one of the biggest issues is not having a legal sex that matches our gender. 

In other words, a birth certificate that reflects our lived experience. The present process to change one’s legal sex in the UK, is defined in the 2004 Gender Recognition Act (GRA). 

However, as the Equality and Human Rights Commission states: “We recognise that the present system for obtaining a gender recognition certificate (GRC) may be creating unnecessary barriers for people to have their change of sex recognised” and continuing, “it suggests that the current mechanism may not be meeting the needs of its users.”

Human Rights Watch recently wrote to the Westminster government recommending that “the government reform the GRA to allow for a transparent, accessible administrative process for legal gender recognition, based on self-identification. 

“We urge you to reject any policies that would subject trans women to discrimination and expose them to harm, in particular by denying them access to safe spaces for women.”

At the moment, for me to change my legal sex from male to female requires humiliating interviews, an inordinate amount of paperwork, cost, and time, and even then it depends considerably on a panel who do not know me from Eve. 

Trans people who are turned away because they are “not acceptable” have no appeal process. 

In what other area of life do you not have the right to appeal a decision? You may even have to get spousal approval to apply. This hardly reflects the bodily autonomy that most people have.

So there was some hope, when the government launched its consultation of the 2004 Gender Recognition Act, that we might see some positive action towards making trans lives easier. 

The reform proposed to change the process of self-identification, essentially to a mechanism that allows the individual to declare their new sex without the tortuous process required by the 2004 Act.

After what seems like forever, and a large number of leaks in the Times, the government appears to be ready to speak. 

Before getting into the details about how the decision may affect trans people, I first need to clarify what is meant by self-identification, as this is a major source of confusion and misunderstanding. 

Self-identification has nothing to do with trans people’s rights to use the bathrooms or changing rooms, or indeed any service, related to their gender. 

Trans people have been using the bathrooms of their gender since bathrooms were invented, and this right is protected under the Equality Act of 2010. 

Let me make that very clear: self-identification has nothing to do with my ability to use women’s toilets, women’s changing rooms or women’s services. 

I, and every other trans person in, or visiting, the UK has that right protected under the 2010 Act. 

It would therefore seem strange that, if trans people were in reality a threat, it hasn’t been noticed during the last 10 years. 

So, if self-identification is not about single-sex spaces, what is it really about? 

The reform is simply about being able to change legal documents to match your gender.  

The ability to change the sex on your birth certificate has zero effect on the lives of other people, yet judging by the outcry from a minority and the mainstream media, there seems to be a belief that this would somehow be the end of all life in Britain. 

For trans people there is considerable medical evidence that the psychological benefit of being able to self-identify is immense and helps combat the incessant requirement to justify ourselves to other people. 

It also means that everyday life would become easier for trans people. 

Imagine having to defend yourself every time you are required to provide a birth certificate or passport for identification, for example to apply for a job. 

Travelling abroad is also fraught with difficulties, so it’s no wonder we are all so tired and fed up.

The consultation was, therefore, seen as a ray of light, yet despite overwhelming support from the consultation for self-identification (70 per cent support, we believe) the leaks from the government suggest that the results will be ignored. 

Is this any surprise to trans people? If we are honest, not really. We see the transphobic rhetoric of many in the Tory Party and their mouthpieces, in the right-wing press on a regular basis. 

Ironically, the government announcement coincides with Ireland having just celebrated five years of self-identification, one of many countries to have such a law. 

Are women, as the anti-trans rhetoric would suggest, under attack in Ireland? No. 

Yet this evidence and the evidence from other countries who have self-identification, is ignored.

Trans people simply want to live their life quietly and be who they actually are. 

This is not a choice — nobody would put themselves through what we have to if it was not necessary. We do this to live meaningful lives, or in some cases to live at all. 

Britain used to lead the way on LGBT rights, but sadly no longer. Trans people, particularly those who dare step out of the closet, face a continual barrage of abuse from a small minority, supported by the right-wing media and those with power and privilege. 

Being small in number, we are easily ignored, but time and time again the British public and our allies have been shown to support us. 

It is just a few very vocal people who have access to the media and government who ignore the evidence and manipulate the truth. 

But let me make one thing clear, we are proud of who we are, we have always been here, and whether you like it or not we always will be. We are not going away, so why not listen to us and even give us your support? 

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