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.

Family Planning workshop at Trans Health Matters (23 October)

In a couple of weeks I will be attending the Trans Health Matters conference, which is held at Resource for London on Tuesday 23 October.

You can read about and book tickets for Trans Health Matters 2018 here.

Co-hosted by holistic sexual health centres cliniQ (London) and Clinic T (Brighton), this event offers an insight into cutting edge practice and research, particularly with regards to sexual and mental health.

I will be speaking at a workshop entitled Trans Family Planning: Contraception, Fertility, Pregnancy and Childbirth, alongside Kate Nambiar, Michael Toze and Francis Ray White.

NSP-RESOURCE0001

Resource for London, Holloway Road

Trans people often find there is a lack of information available on their own fertility, or that they have been misinformed about the reproductive capacity of their own bodies. Similarly, trans people wishing to form families continue to face social, legal and medical barriers to parenthood. The workshop will comprise three short interventions, reflecting on current challenges and opportunities for trans reproductive autonomy, and an opportunity for attendees to reflect on how this might relate to their own work.

Kate Nambiar is a medical doctor and researcher who works at Clinic T. She will be discussing issues around contraception for trans people.

Michael Toze is a Research Fellow in the School of Health and Social Care at the University of Lincoln. He will talk about UK medical practice and law with regards to trans fertility, parenthood, and sterilisation procedures.

Francis Ray White is a Senior Lecturer in Sociology at the University of Westminster, and I am a Research Fellow in the School of Sociology and Social Policy at the University of Leeds. We will be discussing intial findings from the Trans Pregnancy Project.

 

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.

 

Understanding Trans Health – book launch and mini conference

Understanding trans healthMy research monograph Understanding Trans Health will be published in just over a month! To celebrate, I will be holding an event on Tuesday 5th June at the University of Leeds, where I will be discussing the book and the findings it reports. I have also invited a number of people I admire enormously to talk about what they’re working on at the moment.

The event is FREE but places are limited, so please do register if you want to come!

Register a place here.

 
Talks will include:

‘The Gender Experts’: Clinical Discourse and Becoming Trans
Dr Ruth Pearce (University of Leeds)
https://ruthpearce.net/about/

What is Gender Dysphoria? – at least, in the Literature
Dr Zowie Davy (De Montfort University) and Dr Michael Toze (University of Lincoln)
https://zowiedavy.wordpress.com/about/

Body Parts in Trans Erotica
Dr Kat Gupta (University of Sussex)
http://mixosaurus.co.uk/about-me/

Accessing trans healthcare: what role for medical law?
Dr Chris Dietz (University of Leeds)
http://www.law.leeds.ac.uk/people/staff/dietz

Trans healthcare at Clinic T
Dr Kate Nambiar (Clinic T, Brighton)
https://www.stonewall.org.uk/people/dr-kate-nambiar

The event will be chaired by my colleague Professor Sally Hines.

There will also be plenty of time for questions and discussion. The event will be followed by a reception with free drinks and nibbles.

I hope to see you there!

Forthcoming talk: Hysterical Bodies

event posterWednesday 28 February
7pm – 9pm
Birmingham LGBT Centre
Free entry and food provided.

Bread and Roses for All, and Hormones Too!
A panel discussion with Aquila Edwards and Luke Dukinfield, facilitated by Robin Lynch and hosted by Birmingham Women’s Strike Assembly.

I will be giving a short talk about intersections between trans health and women’s health, focusing on how our bodies have historically been pathologised and disciplined in medical settings.

There will then be a facilitated discussion. I’m honoured to be sharing the panel with some fantastic speakers so it’s sure to be a really interesting event.

Register to attend for free on Eventbrite.

Facebook event page.

Trans Genealogies: special issue articles now online!

trans symbol

Trans symbol by Chris Hubley

I’m delighted to announce that the articles written for the Sexualities special issue ‘Trans Genealogies’ – edited by myself, Deborah Lynn Steinberg and Igi Moon – have now been pre-published on OnlineFirst.

While the creation of this special issue has been a particularly long and difficult affair, it was really fantastic to work with such interesting and thought-provoking articles. I’m really excited that we can now finally share them with the world.

The articles will be formally collated and published in a single issue of Sexualities in a few months’ time. This will be available both online and in print format, and I’ll no doubt be using that as an opportunity to once again encourage people to read them.

However, for now you can read the special issue articles here:


Introduction: The Emergence of ‘Trans’
Ruth Pearce, Deborah Lynn Steinberg and Igi Moon
[OnlineFirst] [open access]

Axiomatic: Constituting ‘transexuality’ and trans sexualities in medicine
JR Latham
[OnlineFirst]

Response and responsibility: Mainstream media and Lucy Meadows in a post-Leveson context
Kat Gupta
[OnlineFirst]

Rethinking queer failure: Trans youth embodiments of distress
Katrina Roen
[OnlineFirst]

‘Boying’ the boy and ‘girling’ the girl: From affective interpellation to trans-emotionality
Igi Moon
[OnlineFirst]

Genderqueer(ing): ‘On this side of the world against which it protests’
Zowie Davy
[OnlineFirst]

De/constructing DIY identities in a trans music scene
Ruth Pearce and Kirsty Lohman
[OnlineFirst] [open access]

Mak nyahs and the dismantling of dehumanisation: Framing empowerment strategies of Malaysian male-to-female transsexuals in the 2000s
Joseph N Goh and Thaatchaayini Kananatu
[OnlineFirst]


Here’s what we have to say about the special issue content in the editorial introduction:

We open with JR Latham’s ‘Axiomatic: Constituting ‘‘transexuality’’ and trans
sexualities in medicine’. Latham provides a genealogy of medical becoming, draw-
ing the reader’s attention to the manner by which trans identities may be consti-
tuted in and through a pathologising discourse that retains the influence of
pioneering mid-20th century clinician Harry Benjamin. Through his elucidation
of four axioms of transsexualism, Latham also unpacks the role of sexuality in
the becoming/emergence of trans in medical settings, and explores the manner by
which we might arrive into entirely contingent spaces of gender subjectivity and
enactment that we nevertheless take for granted.

A second example of the disciplinary impact of categorical thinking is explored
in Kat Gupta’s article, ‘Response and responsibility: Mainstream media and Lucy
Meadows in a post-Leveson context’. Like Latham, Gupta describes how trans
might ‘emerge’ and ‘become’ through the interventions of non-trans actors: in this context, journalists writing about trans teacher Lucy Meadows after she came out
in the workplace. Meadows’ dreadfully sad fate is only compounded by the con-
tinued construction of an unwanted male identity for her in British newspaper
reporting. However, as Gupta carefully demonstrates, this was not entirely the
outcome of intentional prejudice: rather, the misgendering of Meadows emerges
through the subtle contingencies of repetitious reproduction and metacommentary.

The four articles that follow critique binary thinking from a range of perspec-
tives, and question both cis-normative and trans-normative approaches to categor-
isation. These articles ask how we might think about bodies and psyches in a more
open and ethical manner, informed by ‘trans’ discourse but with wider conse-
quences for understandings of gender and sexuality. They look at how we might
move beyond the axioms described by Latham and the cultural forces analysed by
Gupta, inviting us to consider how we might re-think our approaches to bodies and
identities, avoiding binaries in inhabiting these ideas while building new solidarities
and allowing new possibilities to emerge.

In ‘Rethinking queer failure: Trans youth embodiments of distress’, Katrina
Roen explores how we could seek to break from normative thinking, including
the transnormativities that have emerged with ‘trans’. Noting that trans youth
are frequently associated with narratives of distress and self-harm, Roen draws
upon Jack Halberstam’s concept of queer failure and Sara Ahmed’s feminist cri-
tique of happiness in order to ‘unsettle’ these narratives and imagine new trans
possibilities ‘that do not involve straightening or alignment’.

Igi Moon also looks predominantly at the experiences and narratives of trans youth in ‘‘‘Boying’’ the boy and ‘‘girling’’ the girl: From affective interpellation to trans-emotionality’. In their article, Moon argues that emergent trans discourses offer an important alternative to binary notions of emotionality. Moon describes ‘trans-emotionality’ as a pluralistic approach to understanding gendered feeling that has been made possible through non-binary and genderqueer peoples’ responses to experiences of sexual liminality and dis-orientation.

In ‘Genderqueer(ing): ‘‘On this side of the world against which it protests’’’,
Zowie Davy questions the categorical lines that are frequently drawn between
‘transsexual’ and ‘genderqueer’ trans identities, desires and bodies. Revisiting a
series of interviews from the early 2000s, Davy employs the Deleuzian notion of
‘assemblage’ to question frequently taken-for-granted assumptions around trans
difference. She asks us to be reflexive in our understanding of the terminologies of
trans, transsexualism, transgenderism, genderqueer and non-binary; terminologies
that can be used to help us understand specificity but which can also be used to
close down analyses of connection and similarity. In this way we are effectively
encouraged to be attentive to the limitations of a ‘non-binary’/‘binary’ binary in
our accounts of trans possibility.

An optimistic account of such possibilities is provided by Ruth Pearce and Kirsty Lohman. In ‘De/constructing DIY identities in a trans music scene’, the authors draw upon a case study of an ‘underground’ scene in the UK to explore how trans discourses and everyday political approaches can feed into processes of cultural production. This offers an insight into what possibilities might emerge and flow from ‘trans’ as a pluralistic approach to gender and identification.

The issue closes with an account of Malaysian legal and media advocacy, ‘Mak
nyahs and the dismantling of dehumanisation: Framing empowerment strategies of
Malaysian male-to-female transsexuals in the 2000s’. In this article, Joseph N Goh
and Thaatchaayini Kananatu effectively revisit a range of themes from across the
special issue: processes of becoming and definition (including self-definition
as well as being defined by others) and the manner in which activism intersects with the media and law as well as the medical and political establishments. Like the UK case studies, this account is one of both specific importance and broader relevance. It is vital to acknowledge the particular context of the struggles for gender liberation by mak nyahs in Malaysia: a context shaped both by local law and religion, and the
complex post-colonial impact of Western discourses and political interventions.
The emergent language of mak nyah identity effectively stands in opposition not
only to the cis and binary gender norms of conservative politics and religious
fundamentalism, but also to a homogenised white, Western, Anglophone discourse
of ‘trans’. At the same time, Goh and Kananatu highlight how high the stakes are
and how difficult the battles for liberation can be for gender diverse peoples around
the world, in an important account of the dangers and possibilities that come with
‘trans’ visibility.

I hope readers find the special issue articles as fascinating, challenging, and useful as we did. Enjoy!

 

Forthcoming talk: The Transgender Moral Panic

I’ve been invited to give a guest lecture at the University of Warwick next week, on Thursday 8th February.

This will be part of the “Hidden Histories” alternative lecture series, organised by Warwick Students’ Union with support from a number of academic departments.

The talk will take place from 7pm in S0.21 (Social Science Building), and is open to all. I will speak for around an hour and there will be time for questions and discussions.

Here’s the blurb from the Facebook event page:

The Transgender Moral Panic: A Brief Social History

Over the last few months, 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, with psychologist Meg-John Barker describing 2017 as “the year of the transgender moral panic”.

For the 2nd lecture in our Hidden Histories series, Ruth Pearce will explore the background to the recent wave of media interest, taking in radical feminist theories, scientific racism and proposed changes to UK law. She will show how the transgender moral panic has been shaped by deep-seated cultural anxieties around sex and gender, brought to the fore by the precarious successes of the trans liberation movement.

Ruth Pearce is a trans feminist scholar. Her research primarily examines discourses, practices and experiences of trans health. Her PhD was awarded by the University of Warwick in 2016. Her thesis looked at how trans health is differently understood within trans communities, activist groups and professional literatures, with a range of meanings and practices contested within and between these spaces.

Come along for what is set to be a fascinating event exploring a topic which is generally erased from mainstream curricula. Refreshments will be provided!

Hidden Histories banner