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Ask your MSPs to support gender X passports for people who do not identify as men or women

We’re delighted that Alison Johnstone MSP has submitted the following motion in the Scottish Parliament supporting non-gendered passports for non-binary people:

Motion S4M-12970: Alison Johnstone, Lothian, Scottish Green Party, Date Lodged: 21/04/2015
Passports for People who do not Associate with a Particular Gender
That the Parliament recognises that the UK Parliament’s early day motion number 47 relating to the provision of passports to people who do not associate with a particular gender, accumulated 80 signatures; understands the importance to transgender people who are non-binary, and therefore do not identify as male or female, of having passports that reflect their true identity; notes that non-binary people have called on the Labour and Conservative parties to comment on this issue in their manifestos; recognises that a number of other jurisdictions, including Australia and New Zealand, provide their citizens with passports bearing a gender marker other than M or F; believes that, like other trans people, non-binary people have the right to have their gender identity recognised and should therefore be able to obtain passports that reflect the fact that they do not identify as male or female, and urges the next UK Government to consider whether an additional gender marker should be made available on British passports.

Several MSPs have already signed as supporting the motion. It’s really important to raise visibility of non-binary issues so please send a quick email to your local MSPs asking them to sign in support (you can find their contact details at http://www.scottish.parliament.uk/msps.aspx).

Success – Scotland removes spousal veto from equal marriage bill

In a major step forward for trans equality in Scotland, the Scottish Parliament’s Equal Opportunities Committee today passed an amendment to the Marriage and Civil Partnership (Scotland) Bill removing the spousal veto on gender recognition.

The amendment, which was proposed by the Equality Network and Scottish Trans Alliance, and submitted by Linda Fabiani MSP, means trans people who married in Scotland will be able to have their gender legally recognized without having to get the consent of their spouse.

Without the amendment Scotland’s equal marriage bill would not have delivered genuine marriage equality for trans people. The spousal veto would have enabled the husband or wife of a trans person to deny their partner the right to have the gender they live as recognized in law.

This aspect of the Bill rightly attracted a great deal of criticism from trans people who felt it undermined their personal autonomy.

It is our strong view that legal gender recognition is a human right that should not be able to be vetoed by another person.

Many spouses of trans people were also greatly opposed to the spousal veto and objected to the suggestion they should have control over a fundamental aspect of their partner’s identity.

We have worked hard to ensure our amendment to the Marriage and Civil Partnership (Scotland) Bill achieves a fair balance of rights between the trans and non-trans spouse.

Previously as well as having the right to an non-contestable divorce, the non-trans spouse was also able to block their partner’s gender recognition. The Bill now redresses this balance by ensuring the trans spouse can obtain gender recognition while continuing to provide their partner with the right to get a divorce if they are not happy staying in the marriage.

As transgender equality is developing across Europe an increasing number of countries are removing divorce requirements from their laws and treating gender recognition as a purely individualized process.

Of the 10 European Countries who have introduced same sex marriage none, apart from England and Wales, have a spousal veto on gender recognition.

We are delighted the Scottish Parliament has taken this opportunity to develop our laws in line with best practice and maintain Scotland’s reputation as a leader on trans equality. Because gender recognition is provided by the UK-wide Gender Recognition Panel (GRP) the Scottish Parliament cannot enact legislation which would change their procedures. If the Bill passes, trans people married in Scotland will therefore continue to apply to the GRP and, if they don’t have the consent of their spouse, will be given an interim gender recognition certificate. Our amendment will then enable them to apply to the Sheriff Court, using a straightforward administrative procedure, and receive full gender recognition.

Since we launched the Equal Marriage campaign in 2008, the Equality Network and Scottish Trans Alliance have always been determined for trans equality to be an integral part of Scotland’s equal marriage legislation – not an afterthought. We have been eager for the Bill to be well considered and meet the needs of all LGBT people. The success of this amendment means the Marriage and Civil Partnership (Scotland) Bill was worth waiting for – Scotland can now proudly say that it is set to introduce equal marriage.

No Spousal Veto in Scotland

New Fee Structure for Gender Recognition Panel

The Ministry of Justice is bringing in a new fee system for all tribunals including the Gender Recognition Panel. Despite our own consultation response, and that of other organisations, stating that a single system for all tribunals would have a disproportionately adverse effect on certain applicants, including trans people, the UK Government has decided to go ahead with the proposals.

If you are planning to apply for gender recognition you may wish to consider doing so before the new system comes into place on Monday 7th October.

The new system will work as follows:

Disposable Capital Test

  • This first test assesses the applicant’s disposable capital e.g. savings, investments, second homes etc
  • If an applicant has £3000 or more of disposable capital they will be required to pay the full fee – currently £140 (although this may change when this system comes into force)
  • If an applicant has under £3000 of disposable capital they will move onto the Gross Monthly Income Test

Gross Monthly Income Test

  • This second test assesses the applicant’s gross monthly income i.e. their monthly income before tax from all sources except excluded benefits
  • If an applicant’s income is below the threshold set out in the table below they will not have to pay a fee

Table

  • If an applicant’s income is over the relevant threshold set out in the table above they will be required to make a contribution towards their fee of £5 for each additional £10 income above the threshold, up to the value of the fee e.g. if an applicant has an income of £1185, an additional £100 over the relevant threshold, they will be required to pay £50 towards the fee

 

National Transgender Memorial Vandalised

What is believed to be the only memorial to victims of transphobic violence in the world has been vandalised in Manchester less than a month after it was dedicated.

http://www.pinknews.co.uk/2013/08/07/uk-national-transgender-memorial-vandalised/

PCC to Publish New Guidance for Reporting Trans Issues

The Press Complaints Commission is to publish new guidance for editors on how to report on trans issues and comply with both the letter and the spirit of the Code of Practice.

Here is the link to the PCC announcement.   http://www.pcc.org.uk/news/index.html?article=ODQyMg

Comment: A Law Made by Men for Men

Good article by Jane Fae about on the recent gender non-disclosure Appeal Court ruling:http://www.politics.co.uk/comment-analysis/2013/07/04/comment-a-law-made-by-men-for-men

Board of Directors Opening

Scottish Women’s Aid seeks applications to its Board of Directors and encourages LGBT women to apply:http://www.goodmoves.org.uk/jobs/14447?keyword=Scottish+Womens+Aid
Board of Directors | Goodmoves
www.goodmoves.org.uk
Listing jobs in Charities, Employment Opportunities, Careers and Jobs, Voluntary Sector jobs, Charities jobs, plus many other Not for Profit organisations. All occupations and levels.

Analysis of Court of Appeals Judgement in the McNally Case

Detailed analysis by Zoe O’Connell of the Court of Appeal judgement
Court of Appeal confirms: Stealth trans people having sex are criminals