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.

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.

Fernanda Milán deportation postponed

Some great news from Denmark: the deportation of Fernanda Milán has been suspended.

Fernanda was horrifically mistreated after seeking asylum in Denmark, but faced worse in her home country of Guatemala. Her deportation was originally scheduled for Monday 17 September, but it is now on hold following international condemnation and vital interventions from Danish asylum activists.

For more information, see Natacha Kennedy’s translation of a press release from the T Refugee Project in Denmark.

Boosting the signal: support CeCe

For various reasons I can’t make it down to the Free Cece solidarity demo in London today. So here’s a post to let you know what you can do if you, like me, won’t be there.

CeCe was recently jailed for manslaughter following the death of a man involved in an attack upon herself and her friends. If you haven’t yet come across the case, background information can be found on on the Support CeCe McDonald site (trigger warning: description of racist and transphobic violence), and in this video.

Needless to say, the situation is a sad reflection upon the impact of multiple inequalities faced by individuals who experience intersecting oppression, particularly black trans women.

If you want to support CeCe through writing to her, sending books or anything else, there is plenty of information on how to get involved on her support site.

It’s likely that further UK actions (e.g. a letter-writing campaign) may follow the London demo, so I’ll endeavour to post about that if it happens. A Leeds-based working group can be found on Facebook here.

All change at Press For Change

The long-serving trans campaigning group Press For Change has released a request for new board members and volunteers alongside the announcement of a two-day “organisational development conference” in Manchester at the end of the month.

I’ve been amongst those who have criticised the organisation at one time or another, but it’s undeniable that Press For Change has been a powerful advocate for political change. It played a key role in pushing for the Gender Recognition Act 2004 and trans inclusion in the Equality Act 2010. It has produced huge amounts of guidance and advice for public bodies, private companies and countless individuals (most notably in the groundbreaking Engendered Penalties). At the forefront of much of this has been Professor Stephen Whittle, who is about to step down from his role in managing the organisation.

I’m therefore cross-posting the below message, and urge you to do so also.

Urgently Needed – Board Members and Volunteers

Please re post this request as far and wide as possible

The Future of Press for Change (PFC) has been in the balance for some time, with a lot of uncertainty due to various issues with individual’s health and others been able to commit to the development of the organisation for various reasons.

Press for change are having an organisational development conference in Manchester on the 25th and 26th May to look at how the organisation can be re structured and developed for the benefit of the transgender community.

This is an opportunity for activists to become involved in a well-established organisation with 20 years standing, by helping to develop and run the organisation and get involved with national & local organisations promoting Trans equality.

PFC had intended to look for more board members and volunteers at a conference that will be held at a major health equality & empowerment conference that is in the process of been planned for Feb next year to mark its 21st birthday, once the organisation had been brought up to date and had got some more structure to it, however due to recent circumstances there is a need to get more people involved at an earlier stage if Press for Change is going to continue at all.

Press for Change are looking for individuals to undertake the following:

Management Board
Website development officer
People to attend National and Local meetings and promote trans equality and feedback information/ inelegance to the network on what is going on.
Deliver Trans awareness training
Supporting survivors of Hate Crime and Domestic violence and abuse.
Press and social media officer
Telephone support
Legal case workers

This list is not limited, all ideas welcome and appreciated

If you are interested in getting involved in developing Press for Change and re shaping this organisation to enable it to become fit for purpose and an effective organisation which can advance trans equality, then please e-mail a short statement of how you think you could fit in and what experience and qualifications you have to office@pfc.org.uk and we will get back to you.

Press for change will be able to fund a limited number of individuals to attend the development conference on the 25th and 26th of May.

If you are not invited to the conference it is only due to the lack of funds available to the organisation and should the organisation continue it will be looking for more people to be involved as it moves forward as soon as it is practical as we value any input individuals can give the organisation.

Please re post this request as far and wide as possible

Trans Media Watch at the Leveson Enquiry

Helen Belcher of Trans Media Watch provided an impressive array of evidence in relation to transphobia in the media during the Leveson Enquiry yesterday. Video footage and full transcripts in .pdf and .txt formats can be found here. Trans Media Watch’s full submission to the enquiry can be found here.

Unfortunately – if unsurprisingly – Belcher’s strong performance warranted little comment from the mainstream and “pink” media alike. Notable exceptions included the headline story in Gay Star News (Trans people victims of ‘horrific’ press coverage) and a comment piece in Pink News (Does today mean change for the trans community?). There have been just brief summaries of Belcher’s evidence (with little or nothing in the way of analysis) within articles that tackle Wednesday’s events more widely in The Guardian, The Telegraph and on the BBC website. Even the #Leveson hashtag on Twitter went relatively quiet as the majority of cis commentators lost interest.

Still, this was to be expected, and we shouldn’t underestimate the importance of Trans Media Watch’s role in compiling and presenting evidence to such a major inquiry. Belcher powerfully outlined a number of very important issues:

  • The consequences of negative media coverage can be extremely serious for trans people: examples include loss of work, death threats, and the necessity of relocation in order to avoid prejudice.
  • Dehumanising and Othering language is routinely used within news stories: “The Sun is basically saying trans people elicit horror, trans people are frauds“.
  • Stories (and pictures) are often published without any consultation with the subject, let alone permission.
  • Newspapers often rely upon false information, such as inaccurate figures about the cost of medical transition on the National Health Service.
  • The Press Complaints Commission is considered useless and toothless as complaints are regularly ignored: “The Press Complaints Commission is regarded as a useless joke by trans people”.
  • Victims of negative media coverage tend to let the issue slide: “[…] we find that individuals rarely want to pursue the case because they then become afraid of future
    harassment“.
  • There tends to be no real justification for most articles about trans people on the grounds of “public interest”.
  • The Sun continues to run transphobic pieces (contrary to the claims of Dominic Mohan during his evidence to the Leveson Enquiry on Tuesday).
  • The Daily Mail publishes six times more stories on trans people than any other UK newspaper(!)

Trans Media Watch also identified a number of common themes in confidential complaints they’d received from trans correspondents who had suffered negative media coverage:

“In each case, the subject of the story had their right to privacy grossly breached, often at a very vulnerable time, with no public interest being served whatsoever.

Was put in danger of public abuse and/or violence.

Is left with candid details of their personal affairs, including previous names, pictures, home or work, available on the Internet.

Often these details, including photographs, were acquired without the subject’s permission. Had to fight the press to force them to exercise restraint — often with no effect.”

Finally, Belcher made a number of recommendations:

  • That it should be possible for organisations to issue complaints on the behalf of vulnerable individuals.
  • Anonymity should be granted to all who pursue complaints; we shouldn’t have to rely on the limited protections offered by the likes of the Gender Recognition Act.
  • The complaints process for media malpractice should be free:
    A lot of trans people lose jobs, find it difficult to get jobs. There is evidence that the earnings of a trans person is significantly lower than they could expect if they weren’t trans. That is a further deterrent for them to seek any recompense. It actually pretty much prevents any trans person from pursuing any action against a newspaper in the courts.

10-year-old trans girl launches petition as Leveson Enquiry tackles transphobia

Jane Fae wrote a powerful post
today
highlighting the connection between two important events this week for trans people in the media.

The first of these events is the launch of a petition that calls upon the press to stop using dehumanising and othering language to describe trans people. The petition was started by the family of Livvy, a 10-year-old girl who became one of the most recent examples of trans children hounded by the news media.

They argue that transphobic language can ultimately kill:

People with gender identity issues are being murdered, beaten, threatened with their lives, bullied, teased, intimidated, disowned and are prone to suicide both attempted and successful and self harm. The Press being an extremely powerful medium has the responsibility to ensure they are not aiding peoples ignorance and hatred and increased lack of self esteem.

Meanwhile, the Leveson Enquiry is due to receive evidence  from Trans Media Watch this afternoon (a live video stream will be available here, as well as an archived video and transcript following the hearing). Josephine Shaw posted the following announcement on the group’s Facebook page:

“[…] Helen Belcher will be representing us at the Inquiry, next Wednesday – February 8th. She’ll be doing so following a detailed written submission made by TMW a few weeks ago, a public version of which is available via the downloads page of the TMW website.

There have been a very large number of written submissions to the Inquiry – only a small number have resulted in Lord Leveson calling witnesses in person. We’re absolutely delighted to be counted in that number […]

TMW’s aim next week is simple. To give voice to the pain and anger of all those trans and intersex people whose lives have been invaded, even ruined, without any cause or warning by the British press. Who deserved accuracy, dignity and respect. Or who simply deserved privacy. And to try and represent our community in calling for a profound change in the attitude of the press and an end to the incessant outrageous and unwarranted intrusion into the lives of innocent trans and intersex people.”

This week therefore sees two significant responses to the ongoing media assault upon trans lives. The two met this morning on the BBC’s Breakfast show, when Livvy and Trans Media Watch’s Paris Lees spoke about transphobia in the media.

It’s really heartening to see all of this happening. I agree with Jane that we have good reason to remain cynical, but equally we have plenty to celebrate at this juncture. For too long, journalists have been getting away with inflaming public opposition to trans liberation, and people in power are finally beginning to listen to our howls of outrage. This is an early step towards a more fair and friendly world, but an important one.

I was fortunate enough to meet Livvy a few months back and was inspired by the sheer determination of both her and her family; we have a lot to learn from them! I was also struck by my own surprise role in Livvy’s story via a sensationalist piece published by the Sun back in September:

But yesterday a row broke out after a parent claimed that kids as young as EIGHT at Livvy’s school were shown a film about sex-change surgery.

In the footage, made for the NHS website, Ruth’s Story describes how she was born a boy — but knew from the age of 16 she wanted to be a woman.

One parent said: “We are not against the child. It’s that the children are being asked to treat her differently and watch a transgender video without parents knowing.

The video in question was made for the NHS a few years back, and at the time I had no idea it could ever be shown to a primary school assembly! I would probably phrase a few things differently now but ultimately I’m still pleased with how it turned out. I became involved in the project by responding to an email from a mass trans mailing list: someone else could just have easily done it.

Ultimately I suppose my point is that every bit of effort counts. Every signature on Livvy’s petition, every angry letter to an editor, every trans awareness workshop and every intervention within public conversations. Let’s keep up the pressure, because it’s the only way we stand a chance of winning!