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MPs show overwhelming support for GRA reform at Westminster. Kai O’Doherty (they/them), Head of Policy and Research at Mermaids, asks when will the Government act?

On Monday 21 February 2022, Westminster held a debate on reform to the Gender Recognition Act 2004 (GRA), triggered by a petition signed by over 130,000 trans rights supporters.

In addition to impassioned, supportive cross-party speeches from MPs, the Minister for Equalities, Mike Freer MP, committed the Government to some further specific reforms on language and spousal veto – but with the wider population’s overwhelming support for reform, both in and outside of the House, how much longer can the Government delay change?

There is clear cross-party support for reform, with over 15 MPs attending on Monday and by far the majority of those in attendance were calling for the GRA to be updated. Multiple MPs spoke to the real lived experiences of their trans constituents, and the difficulties we face in living our lives with dignity and respect under the current GRA process, and ongoing political climate generally. 

What MPs said

MP’s echoed how broken the GRA process is (the process that allows some trans people to change the sex on their birth certificate, through the issuing of a Gender Recognition Certificate, or GRC). At the time of the GRA consultation for England and Wales in 2018, fewer than 6,000 trans people had successfully obtained a Gender Recognition Certificate, compared to Government estimates of 200,000-500,000 trans people living in the UK – that’s less than 3% of trans people. The system is clearly inaccessible and not fit for purpose. 

We thank those MPs who re-centred the conversation on the nightmare that trans people face when going through the outdated process. The requirement for multiple pieces of medical evidence and diagnosis, the requirement to prove you have been “living as that gender” for two years, and the need for spousal consent present trans people with often humiliating, time-consuming and backwards bureaucracy to navigate. 

Even the Minister for Equalities himself dispelled myths of GRA reform relating to the Equality Act 2010 protections, a common fear tactic used by opponents, and MPs reiterated that the GRA is simply about a trans person changing their legal sex on their birth certificate.

What the Government committed to

Mike Freer MP, the Minister for Equalities, committed in his speech to making the process “kinder and gentler, and more supportive and patient-led” by:

  • “amending a specific reference to ‘disorder’ via a remedial order as soon as possible”.
  • removing “what is known as spousal veto” through the implementation of the Divorce, Dissolution and Separation Act 2020.
  • reviewing “intrusive nature of the information that might have to be required for a panel”.
  • “ensuring that the whole client/patient…process [via GICs, mental health services and GPs] is streamlined and made faster, more effective and client-led”.

While these reforms are welcomed, the question remains: when will the Government put their words into action, and reform the GRA as has been promised since 2018?

If the wider population, the majority of MPs attending the debate, and even the Minister himself agree that “trans people deserve the dignity of being known as their true selves” – when will this clear public mandate be fulfilled?

What can you do?

Write to your MP, explaining why you care, and urge them to hold the Government to account for their commitments for reform.

You can also support trans kids and their families by signing up to our newsletter, signing up for a fundraising challenge or getting in contact. We have so much more to do, and we need your help!

In a shameful act of trans exclusion, the Equality and Human Rights Commission yesterday (Wednesday 26 January) failed our community, calling for gender identity to be removed from the proposed ban on conversion therapy legislation in the first instance to allow for further “scrutiny”. The Commission also wrote to the Scottish Government to further delay its work to update the Gender Recognition Act.

The ban on conversion therapy and gender recognition has endured several years of “scrutiny” and will be subject to more throughout the respective legislative processes. These years of public discourse have resulted in trans people and communities being falsely positioned as dangerous and predatory. It has created damaging and misleading narratives which are now well embedded within mainstream discourse and the EHRC is demonstrating that it appears to have been captured by anti-trans rhetoric which seeks to derail UK and Scottish Government plans. 

Systemic oppression of the trans community

Both of these actions continue a systemic oppression of the trans community – seemingly ever-increasing, and exacerbated by a powerful anti-gender movement that has swept through Europe, including the UK, as recognised by international human rights authorities. 

This is a pivotal moment in our history when we should expect our “impartial” Equality Watchdog to see through the blatant distraction techniques of a very vocal minority and uphold the proposed outright ban on conversion therapy and improvement to gender recognition in Scotland. They have not.

Instead, they have continued to push the erroneous idea that sex based rights and trans rights are at odds with one another and have actively invited further delays and restrictions to our liberties, freedoms and protections. Trans people accessing recognition and protection is legally possible without the charade of a rights-battle or “polarised debate”. When it comes to our human rights, there should be no debate. 

Is the EHRC fit for purpose?

The EHRC recognises on their Twitter that we are in “changing times” and they’re right about that – but the change is one of regression. It is worrying to see yet again that it’s institutions like the EHRC – organisations that we should be able to depend on – are in fact actively suggesting acts of regression that only work to refuse social, economic, and political progression for our community, which is truly damaging. Make no mistake – if they succeed in delaying, restricting and/or removing the rights of trans people – this sets a dangerous precedent for all. 

Until we as a community see a significant investment, meaningful engagement and progressive action taken by the EHRC towards progressing trans rights, we see no merit in further dialogue. We must also question the authority the EHRC has and ask whether it is fit for purpose and we call on the Government and international bodies to urgently review the EHRC and ensure that trans people’s rights are effectively supported by this institution. 

The UK can no longer rest on its history as an “LGBT+ rights pioneer”. We fall woefully behind other countries at a time when, ironically, we’re fast approaching the international LGBT+ conference, Safe To Be Me, which the UK is hosting. If the UK Government really wants trans people to feel “safe to be”, then they must show leadership and not to be deterred. 

We will be shocked if the EHRC’s submission manages to change the UK’s position on a ban on conversion practice. Irrespective of this, we felt a duty to call them out. We are also pleased to confirm that the Scottish Government has today made their position clear, stating “our support for trans rights does not conflict with our continued strong commitment to advance equality and to protect and uphold women’s rights.” Go Scotland. 

What can YOU do?

Adding your voice will help ensure the EHRC continues to be part of a minority viewpoint. We are, however, one organisation and to truly make change, we now urge everyone who is outraged by the Commission’s conduct to act.

1. Fill in the consultation for the ban on conversion therapy.

2. Write to your MP to tell them how you feel. 

3. Write to Boris Johnson and Nicola Sturgeon. 

4. Donate and sign up to our newsletter to support Mermaids’ work in actively speaking up for trans, non-binary and gender diverse young people and their families. 

We will always keep speaking up for our community. Remember, we are here for you.

If you’ve been affected by the recent news around conversion therapy, Galop‘s National Conversion Therapy Helpline is open Monday – Friday 10am – 4pm. Call 0800 130 3335 or email CThelp@galop.org.uk.