Scotland's reform to gender recognition laws

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Just before Christmas, the Scottish parliament voted through a new policy on gender recognition.

The bill will introduce a system of self-declaration for obtaining a gender recognition certificate (GRC). It will remove the need for a psychiatric diagnosis of gender dysphoria and reduce the time someone must have been permanently living in their gender before they can apply, from two years to three months – or six months for 16- and 17-year-olds. The age at which people can apply has already dropped from 18 to 16.

This will inflame the people that oppose GRC even further. Newspapers and right-wing media in the UK seem to think that to be recognized as a woman and use female-only spaces like changing rooms and toilets, you can just rock up to the doctors and say you are a woman while wearing a dress.

This is England's process for obtaining a GRC.

You can apply if you meet all of the following requirements:

you’re aged 18 or over
you’ve been diagnosed with gender dysphoria in the UK
you’ve been living in your affirmed gender for at least 2 years
you intend to live in this gender for the rest of your life

(This is not going to happen if a pervert just wants to use women's spaces)

You can apply even if you have not had any gender affirming surgery or treatments, or you do not plan to have any.

Below is an article on the changes. There is a major row brewing between the Scottish and English (UK) parliaments about the legality of these changes

Proponents of the changes hope they will streamline a process that many transgender people find intrusive and distressing, but not affect the spaces or services they use in their day-to-day lives.

Critics argue that the simplification – also known as self-identification – will fundamentally alter who can access women-only services and leave them vulnerable to abuse by predatory male offenders.

The Scottish government has hailed a “historic day for equality” after MSPs approved plans to make it easier and less intrusive for individuals to legally change their gender, extending the new system of self-identification to 16- and 17-year-olds for the first time.

Six years after it was proposed by the first minister, Nicola Sturgeon, after two of the largest public consultations in the history of the Scottish parliament and amid an increasingly toxic and polarised political discourse, the bill was passed by MSPs on Thursday in a specially extended session.

As a mark of the escalating tensions surrounding the changes, the debate was disrupted minutes before the final vote by protesters in the public gallery shouting “shame on you” and “this is the darkest day”.

The final vote followed an unprecedented two days of debate as members worked cross-party and past midnight on more than 150 amendments to address concerns about abusive males potentially taking advantage of the new system, and its impact on UK equality law.

The gender recognition reform (Scotland) bill removes the need for a psychiatric diagnosis of gender dysphoria in order to obtain a gender recognition certificate (GRC), and extends the application process to 16- and 17-year-olds for the first time.

Scotland’s new self-identification system will also reduce the time someone must have been permanently living in their acquired gender before they can apply – from two years to three months, or six months for those aged 16 and 17 – with a three-month reflection period during which an individual can change their mind.
Scotland’s gender recognition bill became a lightning rod for wider issues
Read more

Despite the concerns of some SNP backbenchers, the bill passed comfortably with support from the Scottish Greens, Labour and the Scottish Liberal Democrats. Nine SNP MSPs voted against their government, including Ash Regan, the former minister who quit in protest at the first vote. Two Labour members – who were whipped to vote in favour – also rebelled, while three Tories, who were allowed a free vote, supported it.

Proposing the final version of the bill to parliament, the social justice minister, Shona Robison, said that, like equal marriage and civil partnership legislation before it, “this is an important step to creating a more equal Scotland”.

Robison insisted that applying for a GRC under the new system would continue to be “a substantial and significant legal process”, with safeguards strengthened during the passage of the bill, and the bill “doesn’t change public policy … around provision of single-sex spaces and services”.

She told MSPs: “Trans rights are not in competition with women’s rights and, as so often before, we can improve things for everyone when those discriminated against act as allies not opponents.”

But the Scottish Conservatives’ equalities spokesperson, Rachael Hamilton, told Robison that her government had not brought the people of Scotland with them, and that “in the rush to make the process a little easier for trans people, the government is making it easier for criminal men to attack women”.

Following UK government briefings that the new law would create “legal chaos” and result in “gender tourism”, Hamilton said the rush to pass the legislation a few days before Christmas had resulted in “a subpar, shoddy piece of legislation that is not fit to pass into law”. She added: “This bill will be a legacy issue for the first minister, and not in the way she hopes, because … women won’t wheesht [be quiet]. This government is not listening and our voices will be heard”.

At the last first minister’s questions of the year, held immediately before the debate, Nicola Sturgeon said she would “never apologise for trying to spread equality, not reduce it in our country” when pressed by the Scottish Tory leader, Douglas Ross, on the safeguarding elements of the bill.

On Tuesday, the Scottish government accepted a cross-party amendment from the SNP’s Gillian Martin and the Scottish Tory Jamie Greene that would mean anyone convicted of a sexual offence who wants to apply for a certificate will need to be fully risk-assessed.

During the final debate, MSPs expressed the same divergent but largely respectful opinions that have been apparent throughout the bill’s progress.

Michelle Thomson, one of the most prominent SNP rebels, told the chamber that “there are far too many people, even elected representatives, who felt unable to participate in discussions because of its toxic nature”.

Labour deputy Jackie Baillie, voiced the frustrations of many members at the filibuster tactics employed by the Tories over the past 48 hours as they tried to delay the vote into the new year, saying she would “much rather use the hours wasted in debating the bill”.

Stonewall’s director of nations, Colin MacFarlane, said: “This is a tremendous step forward for trans rights and for LGBTQ+ people in Scotland. It brings Scotland into line with international best practice and once again establishes itself as a world leader on human rights, by making a small change which brings dignity to trans people who deserve to be legally recognised for who they are.”


I can see a possibility of some idiot self diagnosing, living as a woman for 3 month and getting their GRC, then going back to living as a man with a GRC and still using women's faciliites. It only takes one oron to ruin something that is meant to take some of the pain away from the process.

Anyone that has read this far living in the UK. Did you bother getting a GRC?

Comments

It is a pity that

J.K. Rowling is such an anti LGBT voice. Because of her penmanship, she gets a ready made audience for her views.
For once, I actually support a policy coming from the poison dwarf. (the words of my ex-wife who is from Edinburgh)

Naturally... the GQP/MAGA media & politicans in the USA will hate this with a vengeance. Many want everyone in the 'T' spectum to disappear off the face of the planet because we are all groomers aren't we? No we are not... but they don't care.

Samantha

I went through the old process

Angharad's picture

I was actually fast-tracked because I had been living in role for umpteen years and was 16 years post. It was bit nit-picky at times but it was the equivalent of dealing with a court and it was changing my legal gender and sex. As I had done quite a lot to do that, I am not at all sure that somebody should be able to do the same, ie get legal recognition, while only living in the role for a short time, especially as some forms of mental illness can make people make all sorts of declaration and change their minds a few minutes later. If they were made to understand that they couldn't change their gender back to what it was before, then I'd feel happier. I'm not living in Scotland and I'm not sure it will happen here in England. Instead of messing about with this wouldn't it be better improving health facilities to deal with increasing referals to gender clinics and the long waits involved.

Angharad

If they were made to

leeanna19's picture

If they were made to understand that they couldn't change their gender back to what it was before, then I'd feel happier. That would be hard to enforce. I kind of get the sentiment behind it, but as you say 3 months is such a short time. Although I assume the rules about surgery will remain the same.

You could end up with cases like this

Samantha has changed gender three times

https://www.dailymail.co.uk/femail/article-11277033/Samantha...

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Leeanna

I could have gone through the old process

Like you, I am more than 30 years post. I wrote letters to MP's and donated to the fighting fund to get the GRA - I am actually still donating every month to Press For Change. Having said all that, while I am very glad that we won and got the GRA - I haven't yet got a new Birth Certificate or GRC as they will make no practical difference to my life, and will add me to another database linking my old identity to who I am now. All my documentation shows Alison, female, and has done for 30+ years.

I don't understand why the Scots have done this, and don't really know why the activists have pushed for it - unless changing passports etc now requires a GRC? It might do, and perhaps I'm "legacy". Just how important is to have a GRC early in the transition process?

Having said that, I feel that changing your gender is a big deal, and really shouldn't be made too quick or easy. This applies doubly so to younger people. Yes, I was certain from age 7 or earlier that I wanted this, but I _might_ have changed my mind as I got older. When I did transition I knew plenty who started down the same road and backed away once the hormones started to work. Russell Reid pretty much used hormones as a diagnostic tool to sort the serious from the less serious. And it worked. Some "went back" before they burned all their bridges and it no doubt saved them from a huge mistake. There is a difference between TV and TS, we are not all the same. Like Autism, it is a spectrum.

There really should be a degree of commitment shown, whether that is medical, surgical or perhaps time - but 3 months really isn't long enough to be certain. I would have said I was certain at age 7 but - even if I had done so - it would have been irresponsible if the adult world had indulged me at a young age.

I also have at least a sneaking suspicion that Nicola Sturgeon might be being very disingenuous and using this as a wedge issue to force a fight with the UK government to justify her demands for another independence referendum, and the trans world is being used as a stick to beat Westminster with... Or am I just paranoid?

Alison

Or....

am I just paranoid?

Nope. The poison dwarf will do anything in order to become President Sturgeon of the SSSR (Scottish Socialist Soviet Republic) . (sic)

She does risk alienating a lot of her core central belt voters with her tricks. Many are sick and tired of them but will continue to vote for her because the alternative (Labor) is so poor and totally beholden to the party in London.

My former in-laws hated the ground she stood on. It was one of the few things we did agree on.
Samantha

Hi Alson, I have had the same

leeanna19's picture

Hi Alson, I have had the same suspicion.

I also have at least a sneaking suspicion that Nicola Sturgeon might be being very disingenuous and using this as a wedge issue to force a fight with the UK government to justify her demands for another independence referendum, and the trans world is being used as a stick to beat Westminster with... Or am I just paranoid?

She wants to fight the British parliament on something that makes her look like a saint. She is doing the trans population no favors. They are just being used as a political football. The crap has hit the fan tonight.

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Leeanna

If someone's not hurting anyone else, who cares?

This has been my big issue with any post critical of "but that's such a short time" or "it should be tougher."

If someone wants to change their IDs or anything every 2 months, let them. Live as a man one year, a woman the next, whatever. Defy that gender norm!

If someone's gonna be a creep, they're gonna be a creep no matter what their ID says, and there are more ways around sex/gender restrictions on spaces than there are ways to enforce them, and better ways of keeping people safe within them than a "no boys/girls allowed" policy.

I think it's interesting, and a little sad, how often we as transpeople fall into a lot of the same stereotyping nonsense that puts us at unease in the first place. Like, how often do you see MtF trans stories that feature characters who still very much *identify* as males using the women's restroom and not causing issues at all? Much as those books are themselves fiction... how often do men and women share restrooms in spaces that don't define sex/gender-specific facilities without issue?

Is the issue instead with other things, like shelters (where an individual who crossdresses would likely be safer in the shelter appropriate to their self-identification?) Or prisons (where everyone is under some degree of observation at all times?)

I don't see the harm in the Scottish policy, personally. Heck, make it even less restrictive, and let people identify as cartoon characters or fairies or whatever they want. It's a designation that only has relevance because we give it one.

Melanie E.

There will be Abuse of the Laws

BarbieLee's picture

Think how many laws are made for society to conform to in today's age and the number of people who step outside the law every single day. To think transgender issues and laws would be any different one would have to be very naive indeed. There are those who are going to abuse the very system many of us depend on for living our lives. There are sick voyeurs in all walks of life.
https://www.foxnews.com/media/lgbtq-community-appalled-after...
Back in the dark ages, I went through that "one year living as a female" rule but as one of the posters wrote, I went through a very abbreviated part of that. Two months to be exact. In my opinion its a very cruel necessity as trans girls must live the life they are driven to live and yet don't have the legals for support. Many of them lost everything because they lost their job, their family. The suicide rate climbed.
There is no easy answer as many of those given the option to change their lives because they were diagnosed trans are really young adults acting out against the status quo the same as goth, geeks, etc. Given the full trans surgery, they are doomed to live the life those like myself left behind, living a life that doesn't fit. I and so many are born into that kind of life with the mind of the opposite gender the body was developed as. Those unfortunate souls who are manufactured into that living hell because they were misdiagnosed will never be able to return.
It's a perfect world but we humans have managed to screw it up at every opportunity. There will always be those who believe they know more than anyone else how things should be. They get a little power to pass laws, make judgements, and no matter good or evil, it has flaws.
The good out of all their bad judgement is it gives us a change to debate their decisions. Very few understand there are degrees of trans and it isn't a black and white issue. You are or you aren't isn't a viable answer. I'd label crossdressers as "trans light". It's as far as they want to go and they are satisfied with living that life..
Hugs Leeanna
Barb
If possible take charge of your life. Don't let anyone else define who you are. They aren't inside the facade, the image you present to the rest of us.

Oklahoma born and raised cowgirl

I agree with a lot of what

leeanna19's picture

I agree with a lot of what you say Barb. I think the GRC is sough out as having a certificate means you can:

update your birth or adoption certificate, if it was registered in the UK

get married or form a civil partnership in your affirmed gender

update your marriage or civil partnership certificate, if it was registered in the UK

have your affirmed gender on your death certificate when you die

You do not need a certificate to:

update your driving licence

update your passport

update your medical records, employments records or your bank account

I am not sure why you would need it for a job? The last 3 items seem to cover that, without having to get one.

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Leeanna

No ones' business.

The churches and the government have no right to rule anyone on this issue. Eventually, I bypassed both of them and went to Thailand for SRS.16 years later I wonder if I should have done it? Lately, I've thought a lot about returning to living as a man, though I used to catch a lot of hell for not being more masculine. Left alone and not feeling the need to tell the authorities to bugger off, I wonder what would have happened. My odd genetics (XXY non Kleinfelter's, AIS and other things) drove some of this. It would be better if they just left us alone to find our own center.

And there we have it

One constitutional crisis made to order by Nicola Sturgeon. I don't like her politics, but she is cleverer than most UK MP's and now has her justification to demand a new referendum.

I still don't really understand the need for a GRC. When we were fighting for this in the 1990's much of the point was marriage equality, and that issue has now gone away. Retirement age was an issue when it was 60 for women and 65 for men - but that has also gone away. The remaining point is death certificate, and when I get a little older this will likely push me to get a new BC. Yes, there will be a degree of validation having a BC that says female, but I know who I am and have lived as myself for a very long time without this, and having it will not affect my life.

I don't remember the last time I had to produce my BC, but it was probably when I got my passport reissued on transition, and I'm not even sure I had to produce it then. I certainly haven't needed to since then.

I also agree that 16 is too young to make major decisions. Transition socially by all means if you are certain enough and hopefully are fortunate enough to have sufficient support around you, but nothing irreversible. I said in an earlier post that I was sure at 7 or younger, but certainty in a child is not the same as certainty as an adult.

Hi Angela,

leeanna19's picture

Hi Angela,

One constitutional crisis made to order by Nicola Sturgeon. I don't like her politics, but she is cleverer than most UK MP's and now has her justification to demand a new referendum

You could see that coming. She has been told that it is unlikely that Scotland will get another referendum. They voted to stay a part of the UK. I honestly do not think they could make it alone. Most sane people realized this. If she did get one and they voted to stay, what then? Another and another until she gets a result she wants?

She is using trans issues to gain the moral high ground. Look at the nasty UK parliament, stopping poor trans women from getting their GRC.

What she may not realize this debate will whip up more trans hate. Someone at work today showed me a picture of a crossdresser baring his genitals in the women's section of a department store. I think the social media site called him a trans person.

There will be arguments that men can live as a women for just 3 months, get a GRC and legally enter "women's spaces" and there is nothing anyone can do to remove them. I know 99.9% of real trans people would never do this. It only take a few idiots though.

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Leeanna

You're too kind I think

"she may not realize this debate will whip up more trans hate" - I think "does not care" is more accurate. We are the price she is quite willing to pay.

And yes, if she gets and loses another referendum, then she will demand another, and another... ad infinitum until she gets the "right" result.

Alison

Crossdressers are a part of the larger trans community,

and I feel like your insinuation of a distinction betwixt them in a situation like this is more problematic than helpful, especially given that, as far as 90 percent of the anti-trans community is concerned, the majority of transfolk *are* just crossdressers.

You're still placing an onus of perversion on the way that someone else chooses to express their gender or sexuality. Yeah, there are people out there who will exploit anything, but they're the exception in every group, not the rule.

As for an independent Scotland... don't they still have the other Scandinavian countries waiting to welcome them with open arms if they wanted that? Seems like the English aren't their only option, even if an argument could be made for them being their best one, at least in the short term.

Melanie E.

I called the person a

leeanna19's picture

I called the person a crossdresser because my own definition of a trans women is someone that wants to live and present as a woman. Everyone has their own definition. Some would say you must have had "bottom" surgery to be trans. That is their choice it would need a whole new blog and you would never get an answer.

I would think the last thing a trans woman would want to do is expose male genitalia in a public place. That is why I wrote crossdresser. Possibly I should have said sissy, a word I don't like. Whoever he was it seemed to be for humiliation. The "sissies" that email me about my stories enjoy that sort of thing. I also use "he" as someone that wants to identify as a woman, surely would not want to expose male genitalia.

I would love to be a trans woman and live full-time as a woman. I cannot. I have a mortgage and am the family's sole breadwinner. The only time I get to be the person in the picture is about 10 days in a year. So I am by necessity a crossdresser. When dressed I would never want to give any hint of being a man. Especially not in public. I have no problem with crossdressing and crossdressers for whatever reason it is done

As for the Scottish economy. In 2020-21, Scotland (including a geographical share of North Sea revenue) raised £62.8 billion in 2020-21, compared to £99.2 billion of public spending for Scotland. That money came from the UK. Scotland get free further education and medical perscriptions. England does not. Many in England would vote Scotland to leave.

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Leeanna

I never said they were a transwoman per se,

I said they were part of the trans (as in transgender et al) community, which is where my issue with things came from.

As members of that community ourselves -- regardless of what subsection of the community we consider ourselves part of -- it does nothing but hurt our chances at greater acceptance and recognition of transpeople as a whole if we insist that only certain sublabels get to be considered part of the community.

I'm not saying that exposing genitalia to people like that with the intent of being a sexual act (if that was the situation, I'm unfamiliar with the context of the photo you mention) is okay: that violates rights of consent. But I don't feel that how the person was dressed otherwise in that situation is in any way relevant: the situation would be just as problematic (or should be) if they were dressed as a judge, or a cowboy, or a princess, or anything else.

You're drawing a distinction based on tying the perversion of the act (as it was presented to you) to the way the individual was dressed or presenting at the time. Those are the very kinds of ties that anti-trans lobbyists want to put in people's minds: they want people to associate one with the other.

If you see a stack of pictures of people performing lewd acts in public while holding apple pies, do you associate the apple pie as relevant to the lewd act?

If one of those people admitted to fetishizing apple pies, would that make the apple pies at fault?

Would other people carrying or holding apple pies rightfully be something you feared or deemed untrustworthy?

I posit that the answer to all these questions is 'no,' and I hope I would be right. You wouldn't, because that's silly: apple pies, even holding apple pies, even liking apple pies more than the average person, possibly to a problematic degree... doesn't mean someone's going to do something sexual in public without others' consent.

Anyway, my point being:

Criticize acts that are intentionally perverse and require other people's unwitting involvement, yes. But there's no reason to associate those acts with something else that isn't relevant to why that act is being performed, and heck, I'd go so far as to say that if people STOPPED relating them, that you'd see the correspondence of such actions diminish over time.

You , perhaps, prevent one creep who would abuse a system, and in the process destroy the welfare of thousands, or tens of thousands, for whom its protections and benefits could spell the difference between waking up tomorrow living a happy and fulfilled life... or choosing to not wake up at all.

Melanie E.

I really do have a problem

leeanna19's picture

I really do have a problem with those apple pie flashers. I was flashed by a man with a pork pie and have mistrusted pies ever since. LOL.

As said, it was not a pop at crossdressers. They get enough crap, but by and large, are regarded by the media as oddballs.

There seems to be a real anti-trans sentiment in the media currently. Politicians make political capital out of "protecting" women from "evil" trans women. It does seem to be trans women where the hate is directed. It's just the media seem to think any man that wears an article of women's clothing is trans.

I remember a recent mass shooting in the USA. It was reported he was trans. He wasn't, but the media seized on this, as he wore women's clothes to distract from his distinctive tatoos.

The media doesn't care about pies(perhaps they should) They do care about reporting on anything negative that involves trans. Even if they aren't trans, they wore a woman's coat. Well he must be trans, put that in the article, it will get more reads.

In the wake of the Robb Elementary School shooting in Uvalde, Texas, Representative Paul Gosar (R-Arizona) claimed the shooter was transgender, a sentiment that was picked up by right-wing media personality Candace Owens. The shooter was not trans. The whole thing was a social media rumor that got blown out of proportion.

The shooter in Highland Park, Illinois, who killed seven people and wounded 46 others at a parade, wore women’s clothing to draw attention away from his face tattoos. This led to another round of tweets and accusations in right-wing media that the shooter was trans. He is not. Wearing makeup and women’s clothing as a disguise is not the same thing as being trans.

This scapegoating of trans people in a new twist on an old conservative tactic to shift blame away from guns when mass shootings occur. For the last several years, accusing shooters of being “radical leftist” or antifa has been common.

https://www.houstonpress.com/news/mass-shooters-are-almost-n...

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Leeanna