Britain - Trans people angry at being losers in gay marriage bill… [2013-05-23 GayStarNews]
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Trans people angry at being losers in gay marriage bill
Trans campaigners highlight problems with England and Wales’ equal marriage bill saying they were betrayed by gay allies
23 MAY 2013
BY JANE FAE
Trans activists were left ‘despairing and angry’ at England and Wales’ equal marriage bill saying they have been betrayed by the British government and LGBT allies.
The Marriage (Same Sex Couples) Bill passed its third reading in Britain’s House of Commons last night with Members of Parliament voting 366 to 161 in favor of the legislation on Tuesday (21 May).
The bill now has to pass through the House of Lords where it will face opposition but the government appears determined to ensure it passes.
Trans activists say government proposals went a little way to fix what were widely seen as anomalies in the treatment of trans individuals when it came to marriage.
But plans were rejected to compensate trans people for ‘stolen marriages’, where a husband and wife in a loving relationship are forced to divorce when one transitions.
And the government failed to use the bill to rectify other aspects of already existing marriage law that trans people see as ‘offensive’.
This includes allowing husbands or wives to void marriages if their partner fails to reveal part of their gender history when they wed.
The ‘stolen marriage’ issue arose in respect of the granting of gender recognition certificates (GRC’s) in line with the Gender Recognition Act 2004.
This allowed an individual for the first time to amend their birth certificate to align all aspects of their gender history for official purposes.
But since equal marriage was not available in 2004, an absolute requirement for obtaining a GRC was that individuals first divorce. They could then have a civil partnership, offering marriage rights to gay couples since 2005, if they wished.
This caused significant grief to those who had managed to hold on to their partner through the transition journey.
There was, too, an added practical problem: where an individual traded marriage for civil partnership, their spouse would lose all ‘survivor’s benefits’ – the bit of pension they would obtain by out-living their partner – accrued during the marriage.
So obtaining a GRC could cost a spouse tens of thousands of pounds in pension.
If the new marriage bill completes its progress through parliament, that anomaly will be cleared. Divorce will not be required to obtain a GRC. And couples translating an existing marriage to a new ‘protected’ marriage will not lose any pension rights.
However, as junior Equalities Minister, Helen Grant told the Commons on Tuesday night, no compensation would be paid to those individuals who had been forced to choose between marriage and GRC in the years since the passing of the Gender Recognition Act.
In addition the new bill means that, before obtaining a GRC, trans individuals in a marriage must obtain the consent of their spouse.
One trans activist has already said this breaches human rights.
According to Helen Belcher, a member of the UK Parliamentary Forum on Gender Identity: ‘Above anything else that can happen in a marriage – bankruptcy, life-changing surgery and name change – gender change alone will require spousal consent.
‘This is deeply troubling because abstract objections are put ahead of an individual’s human rights. It also ignores the reality of obstructive spouses which will leave some trans people stranded for years without gender recognition and nothing they can do about it.’
The government also refused to remove from marriage law the option for a partner to have their marriage declared void if their spouse failed to disclose the fact that they possessed a GRC.
This is not, technically, the same as failure to disclose other material facts relating to gender history, which would continue to be covered by other sections of matrimonial law.
Trans campaigners say this undermines the utility of the GRC, itself already under fire. The main reason for obtaining a certificate is to tidy up the past, to remove from the records any trace of gender inconsistency.
But if its possession remains, also, grounds for dissolving a marriage, then the arguments against obtaining one grow stronger.
Concerns have grown further after the police and Crown Prosecution Service (CPS) to prosecute for trans people for assault when they don’t tell their lover about their gender history before sex.
Authorities have not taken any comparable action in respect of individuals who had failed to disclose their past history as sex offenders or child abusers.
Trans campaigners say the CPS will not engage with them on the issue.
But they feel this sends out a very clear message that failure to disclose ‘real gender’ is viewed as a more serious criminal act than being a rapist, thereby encouraging and providing mitigation for transphobic assault.
Government insistence on keeping special provisions for trans divorce within current matrimonial law is viewed as adding considerably to this impression.
In the United States, campaigns for equal marriage have frequently fractured, with trans groups accusing LGB activists of focusing primarily on gay issues with only vague promises to follow through on issues that affect the trans community after. The outcome of this week’s debates make it increasingly likely similar fault lines opening up in the UK.
GSN is awaiting a response from the UK government’s Equalities Department.
A separate legislative process is being pursued to introduce equal marriage in Scotland.
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Comments:
Indi Kelly Edwards
we been screaming it from the rooftops since forever but as per usual we are ignored by our gay sisters and brothers as "those noisy annoying trans people". This is the result. We are supposed to lift each other up but you continue with your "gay marriage" tropes and completely ignore our appeals for "marriage equality". Its the GLBTI not the GL its about time yall started to listen to us and support and respect our needs instead of kicking us to the curb all the time. There is no excuse. We are not an accessory or a tokenistic tag on. Personally myself and many trans people are very disappointed but not surprised.
4 hours ago
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Korhan Erel
One should never forget that gays and lesbians are also human beings... being gay or lesbian does not make you a nicer human being.
4 hours ago
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Jani McCauley ·
There are also some in the community who need to remember that we are human as well and being trans does not make us less worthy, which sadly seems to be one school of thought.
4 hours ago
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Indi Kelly Edwards
its sad that this will be systematically repeated all over the world.
4 hours ago
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Princess Layla · Bredbury Comprehensive
1, I really don't know why we bother to have anything to do with the LGB community, we are like apples and oranges, I feel we may do better without them.
2, Regarding the subject of having to disclose gender history before sex, whilst I understood the reason behind the comparison I'm not sure comparing us to rapists and child abusers actually helps our public perception.
4 hours ago
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Donald Perry · Johns Hopkins University
LGB people would probably be better off without trans people also. Do you really feel you can marry someone as one gender and then change genders without consideration of the spouse;s feeling on the matter? I marry a woman and she alone deciides to become a man and I am stuck with her new new person whether I want to not? That's really buying a pig in a poke.
4 hours ago
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Jane Fae
So what else should your partner be legally required to seek your permission on? Getting a second mortgage? Obtaining medical treatment? Opening a bank account?
This is dinosaur stuff...
2 hours ago
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Darren Sanderson
Donald if you married a woman, and in a car accident she was horribly disformed you'd stand by her, right? You wouldn't want to divorce her despite her being less physically attractive would you? Or am I right in thinking that you're a despicable person who WOULD divorce a wife in that situation? Physical attraction is important to a marriage but it should never be the reason you decide to give up on someone you love, especially in their time of need
about an hour ago
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Gerry Leddy · Holywood
Voicing their anger publicly does the issue no favours at all. to the outsiders especially the homophobic and antihomotic they can say, Look they cant even agree among themselves'. The outsiders haven't appreciated that LGBT is not based on a common identity. LGB has a common identity based on 'sexuality'. The T is an identity based on 'gender'. If the Trans anger spills into a derailment of the progress made so far, than it is time the gay group went back to being just LGB with the common sexuality identity.
6 hours ago
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Dana Taylor
Aren't the trans community angry just like gays were way back when?
5 hours ago
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Jane Fae ·
Privilege? Much.
4 hours ago
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Darren Sanderson
It was never "just LGB". Ever. It has never ever been "just LGB". People of all the sexual minorities and gender identities have always been together because we're viewed by the rest of society that way. The haters don't see gender or sexuality they just see "freak" and we all fit that bill in their eyes. Wikipedia credits a transwoman with inciting the mob at Stonewall into rioting with a cry for help when she was being arrested and beaten, without which we may be in very different and more unforgiving circumstances today.
Telling them to "shut the **** up" because they're not doing themselves any favours is a ridiculous notion. Nobody ever credited social change to silence because it never happens. It's disgusting to see LGB's defending heterosexual and cisgendered lawmakers who still wrongly persecute T's.
about an hour ago
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Darren Sanderson
To all the T's out there angry at the LGB's. Please realise that it wasn't LGB's who wrote and passed this broken law. Both of our fates still lie almost entirely in the hands of heterosexual cisgendered lawmakers. Those are the same lawmakers who decided unfairly that it would be easier to pass the bill by excluding trans issues from the changes.
about an hour ago
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