Gender Recognition Act 2004
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The Gender Recognition Act 2004 is an Act of the Parliament of the United Kingdom that allows transsexual or transgender people to change their legal gender. It came into effect on April 4, 2005.
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[edit] Operation of the law
The Act gives legal recognition to transsexual and transgender people in the United Kingdom, and will allow them to acquire a new birth certificate, and be able to marry, as well as afford them full recognition in law for all purposes. The two main exceptions are a right of conscience for Church of England clergy (who are normally obliged to marry any two eligible people by law), and that the descent of peerages will be left untouched. Additionally, sports organisations are allowed to exclude transsexual people if it is necessary for 'fair competition or the safety of the competitors'.
People present evidence to a Gender Recognition Panel, which considers their case and issues a Gender Recognition Certificate. If the person involved is in a legally-recognised marriage they will be issued an 'Interim Gender Recognition Certificate', which can then be used as grounds for annulment of the marriage, but otherwise has no status. After annulment, a full Certificate will be issued.
The Act requires applicants to have transitioned two years before a certificate is issued. It will make no requirement for sex reassignment surgery to have taken place, although this will be taken into consideration. There was a six month period from 4 April 2005 until 3 October 2005, where only people who transitioned six years ago could apply. Additionally, for two years, people who transitioned six years or more ago need to submit less evidence. There is also a mechanism whereby those who have obtained legal recognition in recognised overseas jurisdictions may obtain recognition under the Gender Recognition Act with much reduced evidence requirements; such applicants are not required to have transitioned two years before nor to be resident overseas. Successful applicants are entered onto a Gender Recognition Register, similar in operation to the Adoptions Register for those who have been adopted.
A Birth Certificate drawn from the Gender Recognition Register is indistinguishable from any other birth certificate, and will indicate the new legal gender and name. It can be used wherever a birth certificate is used, such as for issue of a passport. The birth certificate showing the previous legal gender continues to exist, and will carry no indication that there is an associated Gender Recognition Certificate. Certain authorised agencies, with court permission, may have access to the Gender Recognition Register showing the links between these certificates, but the link will be invisible to the general public. This is the same way that birth certificates drawn from the Adoption Register work.
[edit] Legislative progress
The Act was drafted in response to court rulings from the European Court of Human Rights and House of Lords, saying that the law as it stood was a violation of the European Convention on Human Rights and the Human Rights Act 1998. The previous precedent dated back to 1970, when Arthur Cameron Corbett, 3rd Baron Rowallan had his marriage annulled on the basis that his wife, April Ashley, being a transsexual woman, was legally male. This argument was accepted by the judge, and the legal test for gender in the UK had been based on this judgement ever since; it had even led to the curiosity of a legal marriage between two lesbians since one had been born male.
The Bill was introduced in the House of Lords in late 2003. It was passed by the House of Lords on February 10, 2004, with 155 votes in favour and 57 against. The House of Commons passed it on May 25. It received Royal Assent on July 1, 2004.
The Bill faced criticism in the House of Lords, including a wrecking amendment from Norman Tebbit (who has described sex reassignment surgery as "mutilation"), and from Detta O'Cathain, who introduced an amendment to allow religious groups to exclude transsexual people. However, this amendment was narrowly defeated after opposition from the Bishop of Worcester and the Bishop of Winchester.
In the first division on the Bill in the House of Commons, the vote was split broadly down party lines. All Labour Party, Liberal Democrat, Plaid Cymru and Scottish National Party votes were for, all Ulster Unionist, Democratic Unionist Party votes were against. The Conservative Party allowed a free vote, and the opposition spokesman Tim Boswell welcomed the Bill — however the vote was split with Conservative MPs like Ann Widdecombe and Andrew Selous opposing the Bill on grounds of religious principle.
Some concerns were also raised about the Bill by supporters of transsexual rights. The requirement to divorce before recognition was particularly criticised, as forcing people to choose between their marriage and their gender, though with the Civil Partnership Act 2004, civil partnerships will be available.
