GRA consultation: A guide for feminist and LGBTQ+ academics and allies

The UK’s Government Equality Office is consulting on possible changes to the Gender Recognition Act 2004 (GRA). Anyone can respond. The consultation link is here: https://www.gov.uk/government/consultations/reform-of-the-gender-recognition-act-2004.

The consultation ends at 11pm on 19 October 2018.

There has been a large backlash from people hostile to trans rights. It is important that academics who support trans rights respond to the consultation, ideally with reference to relevant evidence from scholarly research. This guide provides advice on doing so.

(Note: post updated 15/10/18 to include additional links and my full consultation response)


Background

At present, the GRA enables adults to obtain a Gender Recognition Certificate (GRC) and change the gender on their birth certificate from female to male, or vice-versa.

  • This has consequences for the registration of sex/gender upon marriage or civil partnership and affects some insurance and pensions.
  • It is of symbolic importance for many trans people.
  • Non-binary genders and trans people under the age of 18 are not recognised.

The GRA is not relevant to legal changes of name or sex/gender marker in any other arena.

  • Trans people are already able to change their name and sex/gender marker with organisations such as banks, schools, universities, social services, the DVLA and NHS. No medical evidence is required for this process.
  • Trans people are already able to change the sex/gender marker on their passport with a letter from a doctor.

Trans people have criticised the GRA for being unnecessarily bureaucratic and intrusive.

  • Applicants submit evidence – including medical records, letters from mental health specialists, and proof that they have lived in their ‘acquired’ gender for at least two years – to the Gender Recognition Panel.
  • The process costs £140 (plus additional costs) and there is no right to appeal.
  • An official list of people who have changed their sex/gender in this way is kept on a ‘gender recognition register’.

Note: I use the term ‘sex/gender’ as current UK law does not distinguish between ‘sex’ and ‘gender’: the two are used interchangeably.

 

Backlash

Since the GRA consultation was announced, numerous single-issue anti-trans groups have emerged to oppose amendments to the GRA and argue for a wider push back against the social recognition of trans people’s genders and access to sexed/gendered spaces.

Anti-trans groups have spread misinformation about the GRA.

  • e.g. the purpose and function of the GRA has been conflated with the Equality Act 2010, which governs trans people’s access to sexed/gendered public spaces.

These groups have a powerful voice in the mainstream media.

These groups have access to significant funding that trans groups do not.

  • Tens of thousands of pounds have been spent on billboards and newspaper adverts opposing trans rights.
  • Anti-abortion American fundamentalist groups such as ‘Hands Across the Aisle’ and far-right publications such as Breitbart and The Federalist have extensively promoted the work of ‘feminist’ anti-trans groups and shared crowdfunding pages.

These groups claim to represent feminism.

  • They wrongly argue that gender recognition poses a threat to women’s rights.
  • Trans women are often represented as potential or actual sexual predators.
  • Trans men and non-binary people often are represented as tragic or deluded.
  • By contrast, numerous groups who work with vulnerable women (e.g. Scottish Women’s Aid) have supported trans affirming reforms to gender recognition.

These groups are encouraging their supporters to respond to the GRA consultation.

  • This happened in response to a similar consultation by the Scottish government. While in that instance most respondents supported extending trans rights, thousands of anti-trans responses were also submitted.


Responding to the consultation as academics

As academics, it is important that we support good governance grounded in empirical evidence and the principles of equality and equity for all. As feminists and/or LGBTQ+ people, it is important that we recognise that current attacks on trans rights echo and are linked to similar attacks on women’s and LGBTQ+ rights.

In responding to the consultation:

Concisely reference scholarly evidence where possible.

  • Assert your own expertise where relevant.
  • In the linked PDF below, I have used in-text citations for brevity. However, Government bodies tend to prefer links or full-reference footnotes, so please bear this in mind.

Ensure your response to each question makes sense as a stand-alone comment.

  • Don’t build an argument across the entirety of your consultation response or cross-reference your previous answers.
  • Consultation responses will be analysed on a question-by-question basis.

Responses from organisations are given more weight by the government.

  • If it is possible to submit a response on behalf of your department, school, centre, professional organisation or academic special interest group, please do so in addition to your personal response.

If you have limited time and energy just responding to the tick-box questions will make a difference.

Please share this information with your colleagues to ensure a large, evidence-based trans-positive response to the consultation.


Resources

Here are two documents I have produced to help you and your colleagues in responding to the consultation.

GRA consultation – suggested starting points for responding to consultation questions
This document includes information on each consultation question, including relevant evidence and citations that you might want to use in your submission.

GRA consultation – a guide for feminist and LGBT+ academics
This document includes the full content of this blog post plus the suggested starting points for responding to consultation questions.

For guides to the consultation from non-academic organisations, see:
Amnesty International
LGBT Foundation
Mermaids
Stonewall
National Union of Students
GIRES and TELI (focuses on recognition for trans youth)

You can see my complete personal response to the consultation here: GRA response.

The GRA, LGBT Survey, Action Plan and conversion therapy ban – what just happened?

On Tuesday, the UK Government (finally!) launched a long-awaited consultation on reforms to the Gender Recognition Act 2004 (GRA). This has been timed to coincide with several other events, including the publication of initial data from the Government Equality Office LGBT Survey, the launch of the Government’s new LGBT “Action Plan”, and the formal launch of the Memorandum of Understanding on Conversion Therapy.

While it makes sense – politically speaking – for all of these things to happen at once, it can be pretty confusing. The sheer amount of information to process alone is monumental. Part of my job is to engage with these events, and since yesterday morning my head has been spinning! So in this post I aim to briefly summarise what has happened, why it happened, and what this might mean for the future – especially with regards to trans rights.


GRA Consultation

Planned reforms to the GRA was announced in the wake of the 2017. The Government promised a consultation, which has taken a year to materialise.

Nevertheless, it’s now open and anyone can respond to it. The consultation outlines a number of issues that civil servants have identified with the GRA as it stands, and asks for your views on these.

You can read about and respond to the GRA consultation here.

There are a couple of issues with the GRA which trans rights advocates have highlighted as notably absent from the consulation, which you may wish to invite the Government to also address. These are:

  • The lack of provision for gender recognition for trans people under the age of 18.
  • No mention of the Gender Recognition Register, which currently lists all people who have successfully applied for gender recognition. This may prove a danger to trans people if a more authoritarian government were to come to power, as in the US.

In the past year there has been a moral panic in the UK media in response to proposals for GRA reform. You can find out more about this (and my thoughts on why the consultation is happening now) in my earlier post on the topic.


LGBT Survey

In 2017 the Government Equality Office launched the National LGBT Survey. This was the largest survey of LGBT (in)equalities ever conducted – not just in the UK, but the world. A total of 108,100 valid responses were recieved, of whom approximately 14,000 were trans (which also makes it the largest ever survey of trans people in the UK by an astonishing margin). Credit for this is due to the civil servants who quietly pushed through its implementation at a time of political turmoil and reshuffles in the wake of the general election, as well as the LGBTQIA+ organisations who promoted it extensively.

An initial research summary report was published on Tuesday. This provides a basic account of the research findings. The full research report was released late on Wednesday. This huge document provides a far deeper and more extensive look at the survey results. However, there is such an enormous amount of data available that researchers will probably be analysing the findings for years to come.

The timing of these publications is not a coincidence. The research included questions about gender recognition; the findings demonstrated a strong demand for reform from the trans population, with negligible opposition to proposals from cis respondents. The Government will therefore use this to back their attempt to reform the GRA.

You can read the reports of the LGBT Survey here (along with various data annexes).

You can read my initial reflections on the summary report in this Twitter thread.


LGBT Action Plan

In response to the findings of the LGBT Survey, the UK Government has produced a 75-point Action Plan. This describes the actions they propose to take to promote LGBT equality, which include drafting new laws, producing new policy and guidance, and ringfencing money from the Government Equality Office budget for carrying out equalities work.

It’s very easy to be cynical about “action plans” such as these, but they can actually have a real impact. For example, the Coalition Government’s 2011 Transgender Action Plan was widely regarded as useless by trans activists in following years, but (as I show in my research) its requirement for the implementation of new gender identity service protocols by April 2013 helped bring about important improvements in NHS England gender clinics. This included an end to the requirement for a local mental health assessment prior to a gender clinic referral, which reduced the number of waiting lists that transitioning patients have to endure.

The legislative centrepieces of the Action Plan are the proposed reform of the Gender Recognition Act, and a proposed ban on conversion therapy. Both potentially represent important steps forward for the law, but would also require relatively minimal action from the Government to tackle pressing issues highlighted elsewhere in the survey data (such as the enormous economic inequality experienced by LGBTQIA+ people). There are, of course, matters which weren’t asked about in the survey either, such as the UK’s treatment of LGBTQIA+ migrants and asylum seekers.

Therefore, in addition to holding the Government to account for implementing the LGBT Action Plan, we need to continue campaigning on matters such as austerity, immigration rights and the provision of public services.

You can read the LGBT Action Plan here.


Memorandum of Understanding on Conversion Therapy

On Wednesday afternoon I attended the formal launch of an effective ban on conversion or reparative therapy that has been agreed upon by the UK’s major professional bodies for therapists, counsellors, psychologists and psychiatrists. This is a really big deal because it represents an attempt to stamp out practices that aim to “cure” or “convert” a person’s gender identity or sexual orientation.

The Memorandum of Understanding was originally agreed upon in 2016. This document only addressed LGB conversion therapy. but (following a series of careful meetings and difficult negotiations) an updated version was published in 2017, which explicitly addressed conversion therapy targeting people on the grounds of gender identity. This was effectively a “soft launch”, ensuring that the document was made available to those who needed it.

Today “officially” launched the document in the House of Commons, with numerous MPs and representatives of religious and therapeutic organisations present. The idea was to promote the Memorandum of Understanding more actively, and draw attention to the issue of conversion therapy among all of these groups.

I was not very much involved in the drafting of the Memorandum of Understanding, but did attend one of the early meetings that discussed how it might be extended to ensure asexual and trans inclusion. At this meeting we struggled with the lack of formal evidence that trans people in particular were undergoing conversion therapy, although I supported others in arguing that the prevalence of deeply concerning anecdotal accounts alone necessitated action.

By coincidence(?) today’s formal launch event coincided with yesterday’s publication of the first ever statistics on LGBTQIA+ conversion therapy in the UK, as part of the LGBT Survey summary report. These figures are stark: 5% of respondents reported being offered conversion therapy, and 2% underwent it. That might sound like a small figure, but given the enormous response to the survey, what it means is that thousands of vulnerable LGBTQIA+ people have experienced these damaging practices in the UK. Worryingly, the survey also shows that young people continue to experience conversion therapy, and that the situation is more severe for trans people. Around 10% of trans respondents reported having been offered conversion therapy, and 4% stated that the had been subject to it.

Dr Igi/Lyndsey Moon from the Coalition Against Conversion Therapy, who played a key role in ensuring that the document was updated to include trans people, spoke passionately at the event. In addition to talking through some of the above figures, they also argued that simply attempting to “ban” conversion therapy may not result in the change we need to see. What needs to happen now is the long, hard work of cultural change – both within religious organisations, and within healthcare services.

You can read the Memorandum of Understanding on Conversion Therapy here.
Edit: I updated this post on the morning of Thursday 5th July to include a link to the full research report, which is now also available.

Book publication and launch

Today sees the publication of my book Understanding Trans Health. I’m really happy to be finally sharing it with the world.

Yesterday I hosted a launch event at the University of Leeds. I felt really strongly that this was an opportunity not only to celebrate the book, but also to explore some of the other fantastic work happening in the field of trans health. One of the things I write about in the penultimate chapter of Understanding Trans Health is the importance of collaboration and building one another up – I wanted to help start a conversation that encompassed more than my own work, and give something back to others from whom I have learned so much.

De7WApQX0AQEM6r.jpg large

Photo by Rob Noon.

Zowie Davy and Michael Toze opened the event with a discussion of the term “gender dysphoria”. They have conducted a systematic review of literature on the topic, and found that there are huge conceptual differences in how the term is deployed and understood. This can lead to diagnostic confusion and issues with empirical claims, especially given the continued contemporaneous influence of alternative and older diagnostic languages. Davy and Toze have written an academic article based on this work which is currently under peer review; I very much recommend watching out for its publication. [Twitter thread]

Chris Dietz offered a fascinating insight into gender recognition reform in Denmark. He noted that the positive international press afforded to the country’s new gender recognition law contrasted with the views of many actual trans people in Denmark. Concerns were raised in particular about the contrast between the liberal provisions of the law, which enables a form of self-declaration, and the strict requirements of the Sexological Clinic, which has a monopoly on gender identity services. [Twitter thread]

Kate Nambiar argued for the importance of trans-led healthcare services. She touched upon the inspiring history of pioneering women doctors in the 19th century, before offering a nuanced analysis of what we do and don’t know about trans sexual health and why trans-led services offer an opportunity to address endemic issues. I was particularly inspired by the description of her work as part of the Clinic T team. While my own work has primarily explored the problems that exist within the provision of healthcare services for trans people, I feel it is deeply important to explore possible options for a better future. [Twitter thread]

My own talk offered a broad overview of my book’s central ideas and themes, as well as some illustrative examples from research participants, healthcare literatures and resources. I also touched upon what it means to become an “expert” from my own experience as a trans academic, and the sometimes severe challenges that come with this. Several attendees tweeted summaries of my talk, which I have linked below.One attendee also very kindly filmed sections of my talk, so these may be uploaded to the Internet at a later date.

Summary from @K_A_Longhurst

Summary from @Chican3ry

Summary from @LilithBrouwers

You can read more about the event on the Twitter hashtag #transhealthleeds. But ultimately, to learn more about my work, I encourage you to buy the book!

The success of Understanding Trans Health will depend in part on word of mouth, so if you find the book interesting or useful, please do write a review to share your thoughts! Similarly, if you work or study at a university, please do talk to your subject librarian to see if they can order in a copy.

As for the event, I would like to offer a huge amount of thanks to everyone who came, as well as to the School of Sociology and Social Policy at the University of Leeds for supporting the event, and to Sally Hines for her warm contributions as a fantastic chair.

Video: Transgender Moral Panic – A Brief Social History

In February 2018, I was invited to deliver a guest lecture at the University of Warwick as part of the “Hidden Histories” series.

In the last year there has been an enormous upsurge in media commentary that expresses concern about the role of trans people in public life. Gendered changing rooms, non-binary people, trans children and notions of self-definition have all come under intense scrutiny.

In the talk, I explored the background to the recent wave of media coverage. I argued that the transgender moral panic has been shaped by deep-seated cultural anxieties around sex and gender, taking in trans-exclusionary radical feminism, homophobic discourse, scientific racism, Brexit, and proposed changes to gender recognition laws.


Recommended further reading

Meg-John Barker (2017)
2017 Review: The Transgender Moral Panic

Combahee River Collective (1977)
The Combahee River Collective Statement

Emi Koyama (2000)
Whose Feminism Is It Anyway? The Unspoken Racism of the Trans Inclusion Debate

Emi Koyama (2001)
The Transfeminist Manifesto

C. Riley Snorton (2017)
Black on Both Sides: A Racial History of Trans Identity

Christan Williams and Gillian Frank (2016)
The Politics of Transphobia: Bathroom Bills and the Dialectic of Oppression


Corrections

I made two minor errors in unprepared asides during the talk, which I correct here for the sake of transparency.

  • Lily Madigan was elected to the position of Women’s Office in her constitutency Labour party at the age of 19, not 17.
  • David Davis was a co-founder of Radio Warwick (RaW), not David Davies.

 

Gender recognition: where next?

I recently co-wrote a short report for UK Trans Info with CN Lester. Entitled ‘Gender recognition: where next?’, it reports upon the findings of a short survey about possible replacements for the Gender Recognition Act. The survey was created in response to calls for reform of the Gender Recognition Act 2004, in the wake of a Transgender Equality Inquiry conducted by the UK Parliament’s Women and Equalities Committee.

The headlines are as follows:

  • There is strong support for some form of legal gender recognition grounded in self-declaration – comparable perhaps to creating a statutory declaration or deed poll – as opposed to the current system of applying to a ‘Gender Recognition Panel’ with huge amounts of evidence and hoping for the best.
  • We asked what respondents were not prepared to compromise on in any change of law; a considerable majority stated that they regarded non-binary recognition as a red line in any negotiation. This will no doubt be very difficult to achieve due to the lack of any precedent in law for the recognition of non-binary gender identities, but it’s vital that trans advocates make the effort to push for this over coming months, for the sake of solidarity and inclusion.

You can read the report here.