equal marriage

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Transgender action plan: an initial analysis

“Advancing transgender equality: a plan for action” was today published on the Home Office website. The document is the latest step in a historic programme of trans engagement undertaken by the current government. So, how does it shape up?

THE GOOD

Regular readers of this blog will be quite aware of how much I distrust and dislike the Conservative-led government. Their work on trans equality (in a purely liberal sense) has, however, been quite impressive on the whole.

Under the leadership of Equalities Minister Lynne Featherstone – who has long been a trans ally in Parliament – the Home Office has pursued a programme of engagement and genuine consultation that quite outstrips anything achieved by the previous Labour government (who generally passed trans equality legislation only when ordered to by the European courts).

The action plan promises a robust response to needs expressed by the trans community on a whole variety of fronts. Most of the government’s promises involve the production guidance for various individuals, organisations and/or sectors: this may not sound like much, but the value of this documentation should not be underestimated. Some of the biggest challenges we face arise simply from the fact that doctors, civil servants and others simply don’t know what they’re doing when confronted with trans issues, so it’s good to see this addressed. Of course, we’ll have to see how these promises actually pan out.

So, what do we have?

The Headlines

  • The big news is arguably the
    introduction of trans hate crime legislation    . The government plans to amend existing laws in order to provide for:

“[…] sentences to be aggravated for any offencemotivated by hostility towards the victim onthe grounds of being transgender, and for a30 year starting point for murders motivated by hostility towards the victim on the groundsof being transgender.”

  • The government has also promised to “review” how gender identity is represented in passport application forms, and in passports. It’s not inconceivable that this may lead to the introduction of gender-neutral passports, particularly as the IPS admitted in September that they are “considering” this option. The explicit recognition of “non-gendered” individuals in the action plan itself is also an interesting move on this front.

The nitty-gritty

Various government departments are assigned responsibility for a whole host of actions, including:

  • the issuing of statuatory guidance to increase head teachers’ power to tackle bullying (inc. transphobic bullying)
  • further emphasis upon “prejudice-based bullying” (inc. transphobic bullying) in Ofsted inspections*
  • working to build trans equality into existing practices within primary, secondary and further education (e.g. in PSHE lessons, teacher skills programmes, FE equalities training)
  • updating “advice for employers on recruiting and employing transgender employees”
  • revising guidance for Job Centre staff
  • additional “pre-employment support” for marginalised groups (inc. trans people)
  • clear guidance on trans pension rights on the DWP website, and better handling of pension claims
  • guidance on holding public sector bodies to account through the Equality Duty (an aspect of the Equality Act 2010)
  • “clear and concise” guidance  on transition treatment pathways for GPs and PCTs
  • information on trans health (including sexual health) on the NHS Choices website
  • ensuring that health consultations are trans-inclusive
  • updating privacy guidance within government departments (inc. provide better guidance on the use of privacy markers to protect privacy for employers and benefit claimants)
  • a guide to equality legislation and policy for trans people
  • community outreach on the democratic system and relevant government programmes
  • working with housing providers to produce best practice guidance on trans accomodation (inc. advice on tackling transphobic anti-social behaviour)
  • “Work[ing] with the transgender community” during the marriage equality consultation
  • continuing to play an active role in condemning transphobic violence and discrimination through the Council of Europe and the United Nations
  • providing better guidance on gender identity and trans individuals within the asylum system

Moreover, there a number of actions the government has already taken:

  • police forces have been required to collect data on transphobic hate incidences since April 2011
  • trans people are included (just about) in the Charter against homophobia and transphobia in sport
  • a module on gender identity has been launched as part ofthe training course for asylum decision-makers
  • transphobic bullying was included in an anti-bullying guidance for headteachers
  • UK diplomats worked to promote a historic United Nations Human Rights Council resolution condemning homophobic and transphobic violence and discrimination

THE BAD

My general impression of the document – and planned actions within – is broadly positive. However, there were a few items of concern within the action plan:

As part of the Government’s wider work to
develop a new NHS Commissioning System,
ensure greater consistency in commissioning
gender identity services, increased patient choice
and more cost effective treatment plans for
gender dysphoria.

The term “more cost effective treatment plans” certainly rings alarm bells. How many ways can transition become less expensive to the NHS whilst retaining an appropriate level of care? Moreover, “increased patient choice” definitely sounds like it’s part of the government’s dodgy privatization agenda. On the other hand, this point may simply entail a removal of bureaucratic barriers, and the “greater consistency” should, hopefully, be a positive development overall. Time will tell.

Deliver a framework for evaluating the Equality
Act, including the implementation of the
exceptions on gender reassignment.

Will this work to prevent companies from exploiting loopholes in order to discriminate against trans people, or will it help organisations such as Rape Crisis deny access to vital services?

Run a workshop for the transgender community
to increase their understanding of the public
sector Equality Duty and how they can hold
public bodies to account

A single workshop for the “transgender community”? I hope we’re all invited!

Finally, there’s a lot of talk about “considering” and things that might be “possible”. I do wonder how many of these points will be translated into firm action.

THE UGLY

Fortunately, there’s not too much of this, but there’s the odd action point that stinks. There have clearly been Tory spin-doctors at work on this document, because at times it’s clearly attempting to push the government’s agenda in a number of areas rather than, y’know, trans equality. Whether or not you agree with this agenda is up to you (personally, I’m against for all sorts of reasons) but surely this kind of action plan shouldn’t really be about pushing the government’s pet projects?

Some choice quotes (emphasis mine):

“Transgender people, from transsexual to nongendered,
want to be able to participate in and make their contribution to society and the economy.“

Wait, I thought this was about equality and fairness, rather than corporate drone culture?

Equality of opportunity in employment is
fundamental to building a strong economy and
a fair society. We know that workplaces that are
more inclusive are also more productive.

Glad to see the government has its priorities sorted.

Take active measures to ensure that the views of
transgender users shape the Government’s Care
and Support White Paper and create a care
market that is more responsive to diverse needs.

Because “care” should be bought and sold, and markets are necessarily efficient.

Promote, via government information portals,
relevant funding streams to the transgender
community to ensure they are aware of funding
available to participate in the localism agenda.

That totally makes up for all the national funding that’s been cut, right?

Ensure that National Citizen Service (NCS) for
16 year olds is an inclusive and safe environment
for all participants, including transgender people,
by encouraging NCS providers to build equality
issues into their information and training for staff.

Another pet project! To be fair, at least they’re putting some effort into ensuring its actually accessible and all.

AND FINALLY…

An absolute howler courtesy of the “headline findings” from the community surveys that fed into the action plan:

Nearly two-thirds of respondents (47%) thought that intervention, such as guidance or training, would be best focussed in secondary school

And if that’s not confirmation that the government needs to invest properly in education, I don’t know what is.

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The Lib Dems: A Cautionary Tale

“This is supposed to be the discrimination bill to end all discrimination bills, and yet it will contain quite blatant prejudice. Only protecting people who are considering or have undergone gender reassignment surgery will leave huge swathes of the transgender population vulnerable to what, in effect, will be legalised discrimination. I will do my best to make sure the final legislation offers real protection for people who define their gender differently.”

– Lynne Featherstone (Lib Dem) criticises the Equality Bill in 2008

I feel that I’ve learned a lot from the Liberal Democrats.

In many ways, I’ve always been a natural Liberal Democrat voter. Labour were running the country during my teenage years, and I grew increasingly disgusted with them during their time in power. The UK became increasingly authoritarian as the government made clear that civil rights were not a priority. We became involved in a number of utterly pointless, wasteful wars. Granted, the situation for LGBT people improved immeasurably, but this was down more to shifting social attitudes and a number of important victories in the European courts than anything else.

I understood the way that Labour regarded people like me. I was a socialist but accepted social democracy as a necessary reality, I was a trans person with an increasing number of equal rights. I imagine that, to them, I was a natural Labour voter. I wasn’t, and I’m still not. I won’t forget the ID card proposals, the introduction of tuition fees,  the wars and the arrogance. I won’t forget the way in which Labour representatives claimed time and time again that they’d done all these things for trans rights when pretty much every piece of trans-positive legislation they passed happened because the European courts told them to do it.

In opposition, we had the Conservative party (booo! hiss, etc.) and the Liberal Democrats. Oh, and the Greens, but they never stood the chance of getting anywhere, and I certainly wasn’t interested in the far-fight fringe parties.

The Liberal Democrats appealed to me. I lived in a constituency with a Lib Dem MP who’d done a lot of good, hard work for the area. The Liberal Democrats believed in greater social freedoms and less legal restrictions. The Liberal Democrats opposed war, and spending on weapons. The Liberal Democrats (supposedly) believed in social justice, and stood up for the poor. On that front they were a little too…y’know, liberal, but they seemed to have their hearts in the right place, and it had to be better than the situation under the hypocritical Labour party, right?

The Liberal Democrats not only spoke about LGBT rights, but seemed to know what they were talking about. Labour talked about civil partnership, and the Lib Dems talked about equal marriage. They actually got the issues, and they understood that bi people exist, and they understood that trans people exist, and – shockingly – they even understood that the trans spectrum encompasses more than just recreational cross-dressers and “primary” transsexuals.

I was a natural Liberal Democrat voter. I voted for them in two general elections and one local election. I voted Green once in a European election, but I was feeling terribly radical that day.

I now, of course, realise that my trust was utterly misplaced. The Lib Dem betrayal has been almost absolute.

I mean, they – like Labour before them – are still talking the talk. The Government Equality Office is pushing some kind of trans action plan that probably will actually make a difference in some areas, and hence genuinely help people (you can contribute to it here, if you manage to get your head around the bizarre contribution process). But, on the whole, the Lib Dems are obeying their senior coalition partners in a way that’s going to cause a lot of people a whole lot of harm.

The tuition fees sell-out was arguably the most high-profile instance of Lib Dem duplicity, but you just need to look at, well, everything that’s wrong with the current government attitude to see where the party is letting down the minority groups that they claim to speak for.

The cuts are hitting the poor, the young, the elderly and the disabled hardest. A disproportionate amount of trans people tend to be poor and disabled (funny how massive amounts of discrimination can do that, huh?)  Support services are failing left, right and centre as funding dries up. Trans charities such as Gender Matters, which struggled to find funding at the best of times, are going under. The restructuring of the NHS is already hurting trans people in areas that are withdrawing funding for treatment: I suspect this will only get worse if the proposed new system is implemented.

There’s no point in having all these wonderful new proposed laws in place to help trans people if there are no real support structures in place any more because the government has destroyed them all. The Liberal Democrats are totally complicit in this disaster, and it’s only going to get worse.

This is why I have absolutely no sympathy for the Lib Dems’ plight in the wake of yesterday’s dramatic Barnsley by-election result. The party’s candidate came sixth in the polls, behind UKIP, the BNP and an independent as well as the Labour and Conservative candidates. Quite frankly, it serves them right. I genuinely hope that this the beginning of a process in which the party will destroy itself, or at least totally undergo a thorough re-invention process. I’m not sure what will have to happen before I can trust them again though.

I used to think that the old adage, “never trust a politician”, was an unhelpful cliché. I now feel that to make any kind of meaningful change, we need to take power into our own hands. We can’t rely on some well-spoken, well-meaning, well-groomed young thing with a brightly coloured rosette to do the work for us.

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What’s in a consultation?

The media is currently getting itself into a massive tizzy over government proposals to allow gay couples to have civil partnerships in religious buildings. The predictable right-wing wonks are being wheeled out to moan about it being a slippery slope that will end up with any given Christian priest (no-one cares about what Jews, Muslims or (God forbid) Pagans might think, it seems) being forced to marry a couple of scary gay men with Nazi tattoos.

Meanwhile, left-leaning and right-leaning papers are falling over themselves to predict that full gay marriage (and, weirdly, heterosexual civil partnership) will be next, despite the fact that there has been no confirmation of this from anyone in government. I mean, let’s take a look at the actual statement from the equalities minister, Lynne Featherstone:

“Over the past few months I’ve spoken to a lot of lesbian, gay, bisexual and transgender people and campaign groups, and it quickly became clear that there is a real desire to address the differences between civil marriage and civil partnerships. I’m delighted to announce that we are going to be the first British government to formally look at what steps can be taken to address this.”

Yep, there’s certainly a lot in there confirming that gay marriage is around the corner. I’m hoping that it will be (hell, we could immediately take the next logical step and start pushing for legal recognition of polyamory or something!) but have my doubts. After all, the Tories aren’t really that keen on gay marriage. The Liberal Democrats have policy on it and Nick Clegg says that he’s in support, but if you can’t trust the Lib Dems on student fees, trident, detention policies, supporting the poor, the disabled, women or just about anyone else really, then I’m not convinced that you can trust them on equal marriage either.

Moreover, there’s that little issue of the consultation. Government consultations can take forever! I first started campaigning on amendments to the proposed Single Equality Bill (as it was then) back in 2007, and the first consultation was held well before then. The Equality Act eventually emerged in 2010 after being rushed through at the last minute by a desperate Labour party. Ben Summerskill of Stonewall has (for a change) made a pertinent point relating to this:

“If there’s a genuine commitment to making progress in this area, it is painfully slow. Equalities minister Lynne Featherstone has explicitly said she would consult on proposals the government intends to implement in the lifetime of this parliament. If that is to happen by 2015, then consultation should begin now.”

I’d take his word for it: Summerskill knows a thing or two about just how “painfully slow” progress on equal marriage can be.

So this will probably take some time. But it’s interesting that whilst this particular consultation is likely to take ages as civil servants painstakingly gather the views of any given bigot at hand, another important consultation is little more than a formality.

The government is still planning to radically reinvent the NHS despite massive opposition from those who actually understand our health service and care about the welfare state. The “consultation” on this has been minimal to say the least, and health services have already had to start preparing for changes that may have a huge negative impact upon service provision for some of the most vulnerable people.

Funny that the government is so keen to hold a consultation on religious civil partnerships when the relevant law is already there (as part of the Equality Act), but is happy to push ahead with its NHS clusterfuck with as little input from others as possible. Draw your own conclusions.

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Gay men exploit trans loophole to marry in Ecuador

I’m a little behind on this one, but it’s a lovely story and I feel like writing something a little more positive since it’s the Christmas period and all.

Several news sources have reported the marriage of Ecuadorians Joey Hateley and Hugo Vera.  Ecuador does not have equal marriage laws, but the couple successfully subverted homophobic and transphobic laws in order to enter into a legal partnership.  As a trans man, Joey’s gender is not recognised by the state, which continues to regard him as female.  This meant that he and Hugo were able to wed as “husband and wife” whilst clearly being husband and husband.

This event demonstrates that Ecuador (like nearly everywhere else in the world) has a long way to go before it achieves even the limited goal of equal access to state marriage by monogamous couples. It’s also important to recognise that most gay men in the country won’t have the “trans option” available to Joey and Hugo!  However, the glorious thing about this marriage is that it allows the couple to officially recognise and celebrate their relationship whilst highlighting the inherant foolishness of both unequal marriage laws and non-recognition of trans peoples’ gender identities.  By making their marriage loud and proud, the newlyweds have drawn attention to their cause and made a powerful case in favour of more progressive laws.

The attitude of LGBT organisations within Ecuador also seems to offer a fantastic example to the rest of the world.  They appear to have seized upon the importance that this action has for lesbian, gay, bi and trans people in a way that puts many UK organisations to shame.  They demonstrate that it’s so easy for our fractured community to work together towards not just shared goals (e.g. equal marriage) but also goals that benefit certain aspects of the community (e.g. trans-friendly laws) at the same time.  The LGBT(+) alliance makes so much sense because we have so much to gain by working alongside each other, because issues of sexual orientation are issues of gender identity in the law as well as in society.  We have a lot to learn from this positive example.

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Stonewall U-turn on award nomination and marriage; demo called off

The annual Stonewall Awards take place tonight in London.  For several weeks it looked like there might be a repeat of scenes at the same awards ceremony in 2008, when a loud, vibrant protest against the organisation’s institutional transphobia took place.  However, the demonstration has been called off by organisers.

A number of important events influenced this decision.  The most noteable include Stonewall’s announcement that they will in fact campaign for equal marriage and their withdrawal of transphobic journalist Bill Leckie from the list “Journalist of the Year” nominees.

Meanwhile, “Fit” writer Rikki Beadle-Blair has offered an extensive apology for the inappropriate portrayal of trans issues on the wall of the Facebook event page for the demonstration.  Stonewall themselves have not offered an acknowledgement of (let alone an apology for) the offence and potential harm caused by the DVD, but Beadle-Blair’s willingness to accept his mistakes and engage with the trans community on such issues in the future is very encouraging.

As such, it was broadly agreed by many activists that the threat of protest has achieved a great deal on this occasion.  By calling off the demonstration, LGBT and queer activists have recognised the successes we have achieved by kicking up a fuss over these issues.  We should, however, continue pressuring Stonewall to revise their broadly inappropriate approach to trans issues.