Ok so since the GRA reform proposals has opened a storm of abuse/ misinformation on here I have decided to break down what, if passed, will be happening with the Gender Recognition Act. #GRAreform @scotgp @theSNP @StonewallScot @ROSAZAMBONINI @MhairiBlack @LGBTIScotland @LGBTYS
Disclaimer: I am not a trans person nor am I affiliated with @scotgov What does this mean? I am in no way an expert on the situation but have read and understand the proposed changes.
If we are to have a real 'debate' it needs to be open and honest.
Here we go.
If we are to have a real 'debate' it needs to be open and honest.
Here we go.
1. On 7th November 2017, the @scotgov issued a consultation on the Gender Recognition Act 2004 (GRA) which closed on the 1st March 2018.
What is the GRA? - The GRA allows a transgender person to change their legally recognised gender.
What is the GRA? - The GRA allows a transgender person to change their legally recognised gender.
2. Why change the current GRA? - In the 'Fairer Scotland Action Plan' the @scotgov said they were committed to reviewing and reforming the laws around Gender Recognition to bring them in line with current international practices.
Basically our GRA is out of date.
Basically our GRA is out of date.
3. What happened with the consultation? - Well according to the @scotgov there were over 15,500 responses. They will use these responses along side other evidence to make an informed decision on how to proceed forward.
Consultation paper - https://consult.gov.scot/family-law/review-of-the-gender-recognition-act-2004/user_uploads/sct1017251758-1_gender_p4--3-.pdf
Consultation paper - https://consult.gov.scot/family-law/review-of-the-gender-recognition-act-2004/user_uploads/sct1017251758-1_gender_p4--3-.pdf
4. What changes to the GRA could happen? - The @scotgov have proposed "removing requirements for applicants to provide medical evidence and to have lived in their acquired gender for two years before applying".
They also proposed the minimum age change from 18 to 16.
They also proposed the minimum age change from 18 to 16.
5. What Medical Evidence is needed? - Current applicants need to have a diagnosis of 'Gender Dysphoria' which means that not all transgender people can get a Gender Recognition Certificate (GRC) as not all trans people have gender dysphoria.
6. Why change the age from 18 to 16? - This will bring the GRA in line with the rest of Scottish law which currently provides people 16 and over the ability to exercise certain rights. For example, the @scotgov supports the right to vote at 16 in Scottish elections.
7. So what do applicants have to do to get a GRC? - The @scotgov have proposed that the applicant is required to appear before a "notary public or justice of the peace to make a statutory declaration" stating that they will live in their declared gender the rest of their life.
8. How do you know if they are telling the truth? - It is against the law to make a false statutory declaration and is punishable with jail time. Any GRC that was awarded would be revoked.
9. Will these changes affect NHS services trans people can access? - No, the proposed reform changes do not affect available NHS support for trans people.
10. Will these changes affect the Equality Act 2010? - No, the @scotgov is not changing the Equality Act.
The GRA reform proposes a change to the process a trans person takes to get a GRC.
The Equality act is not changing. Only the GRA has proposed changes.
The GRA reform proposes a change to the process a trans person takes to get a GRC.
The Equality act is not changing. Only the GRA has proposed changes.
11. Will the changes affect Women only services? - No, there are current exemptions in the Equality Act which allows organisations to decided on a case by case basis if they will provide services to a trans woman.
12. But what about womens sport? - The @scotgov have not proposed any changes to the current system. It is the responsibility of sporting bodies to decide who can/can't take part in certain events/competitions.
13. The Equality Act 2010 currently allows for the exclusion of a trans person (legally recognised or otherwise) in a sporting event/competition where necessary, e.g to uphold fair or safe competition.
14. Will this affect me? - If you are a trans person - Yes. If you wish to get a Gender Recognition Certificate (GRC) The process will be less intrusive and you will not need a diagnosis of Gender Dysphoria.
The proposed changes have not been made final by the @scotgov yet.
The proposed changes have not been made final by the @scotgov yet.
15. Will this affect me? If you are NOT a trans person - No. The proposed changes to the GRA will only affect those who wish to get a GRC.
The Equality Act 2010 is not changing and therefore protected characteristics such as Sex and Gender will continue to be protected.
The Equality Act 2010 is not changing and therefore protected characteristics such as Sex and Gender will continue to be protected.
If you want to know more or want to see where I got all my info from, check out these links.
The GRA Consultation Paper : https://consult.gov.scot/family-law/review-of-the-gender-recognition-act-2004/user_uploads/sct1017251758-1_gender_p4--3-.pdf
Responses from Organisations : https://www2.gov.scot/Topics/Justice/law/17867/gender-recognition-review/review-of-gender-recognition-act-2004-list-of-orga
The GRA Consultation Paper : https://consult.gov.scot/family-law/review-of-the-gender-recognition-act-2004/user_uploads/sct1017251758-1_gender_p4--3-.pdf
Responses from Organisations : https://www2.gov.scot/Topics/Justice/law/17867/gender-recognition-review/review-of-gender-recognition-act-2004-list-of-orga
Breakdown of Responses : https://www2.gov.scot/Resource/0054/00540424.pdf
This one shows % of support for reform and the number of responses from different groups. Eg, there where 12 womens groups, 7 trans groups etc.
Consultation Analysis : https://www.gov.scot/publications/review-gender-recognition-act-2004-analysis-responses-public-consultation-exercise-report/
FactSheet : https://www2.gov.scot/Resource/0054/00545198.pdf
This one shows % of support for reform and the number of responses from different groups. Eg, there where 12 womens groups, 7 trans groups etc.
Consultation Analysis : https://www.gov.scot/publications/review-gender-recognition-act-2004-analysis-responses-public-consultation-exercise-report/
FactSheet : https://www2.gov.scot/Resource/0054/00545198.pdf
Proposals Fact Sheet : https://www2.gov.scot/Resource/0054/00545198.pdf
Transgender Fact Sheet : https://www2.gov.scot/Resource/0054/00547252.pdf
Transgender Fact Sheet : https://www2.gov.scot/Resource/0054/00547252.pdf
One Stop Link To Everything : https://www2.gov.scot/Topics/Justice/law/17867/gender-recognition-review