The UK Government has decided not to reform the Gender Recognition Act 2004 (GRA), following a public consultation since 2018. The consultation asked the public in England and Wales about the current legal processes in place that allow trans people to obtain a Gender Recognition Certificate (GRC). Many LGBTQ+ campaigners had hoped that the consultation would result in the de-medicalisation of the process of receiving a GRC, as pledged by Theresa May in 2017. Instead, Minister for Women and Equalities Liz Truss said in her announcement that the process, although staying largely the same, would be made “kinder and more straightforward” for those undertaking it.
WHY OBTAINING A GRC IS IMPORTANT
Obtaining a GRC is very important for many trans people, as it means that they can have their gender legally recognised and stated on their birth certificate. This then avoids the problematic disparity of having vital documents stating one gender, and “everyday” documents such as credit cards and driving licences stating another.
THE CURRENT PROCESS FOR OBTAINING A GRC
In order to obtain a GRC, a person must provide medical evidence of a gender dysphoria diagnosis, and show that they have been living in their gender for two years or more. They must pay a fee of £140, which, as pointed out by The Independent, is more expensive than renewing a passport. If they are married, they must also obtain the consent of their spouse. Since the GRA came into force, fewer than 5,000 people have successfully gained a GRC, out of between 200,000 and 500,000 estimated trans people living in the UK.
WHY THE GOVERNMENT LAUNCHED THE CONSULTATION
Trans rights campaigners have argued that the current system to obtain a GRC is both overly bureaucratic and cruel in its intrusive nature. Major human rights charities such as Human Rights Watch have instead advocated a “self-identification” model, in which trans people would be able to legally change gender without the need for a medical diagnosis. Such a system is already in place in four European countries; The Republic of Ireland, Malta, Norway, and Denmark. The current UK system has been criticised for failing to recognise the violence that trans people may face living for two years in their chosen gender without legal recognition. There has been a substantial rise in recorded hate crimes against trans people in England, Scotland and Wales – in 2018-9, such crimes recorded by the police increased by 81% from 2016-2017.
THE RESULTS OF THE CONSULTATION
In the Government’s published breakdown of the consultation responses, the public were shown to be in support of de-medicalising the GRC process:
● 61% agreed that the requirement for a diagnosis of gender dysphoria should be removed
● 80% of respondents were in favour of removing the requirement of a medical report detailing all treatment received
● 79% of respondents agreed that the requirement of having lived in a chosen gender for a period of time should be removed
● 85% of respondents disagreed with the requirement of spousal consent
Despite this, the Government decided not to reform medical requirements of the GRA, instead announcing measures intended to soften the bureaucratic nature of applying for the GRC. Firstly, they announced that they would work to reduce the cost of obtaining the GRA to a “nominal” amount. Secondly, they drew attention to the opening of “at least three new gender clinics” in 2020 to reduce the strain on waiting times and the disparity in geographical access to gender identity services. The National LGBT Survey 2018 found that of all trans respondents who had tried to access such services, 80% said that access had “not been easy”, with 68% saying that the waiting lists had been too long.
The Sunday Times stated that the Government’s decision to not affirm the majority of viewpoints in the consultation was partially due to their belief that the consultation response process had been “skewed by an avalanche of responses generated by trans rights groups". However, this claim has been debunked by the researchers who analysed the results as being based on “little evidence”.
THE RESPONSE TO THE GOVERNMENT’S ANNOUNCEMENT
The Government announcement has been met with “bitter disappointment” from many human rights and LGBTQ+ charities, especially in light of the overwhelming public support for de-medicalisation evidenced in the consultation results. Amnesty International UK, Liberty, and Human Rights Watch produced a joint statement responding to the announcement, which argued that the government had presented “after a three year wait…a few administrative changes which…only scratch the surface of what we need”. Political commentators have also suggested that the Government’s suggested changes merely amount to “a way of trying to sweeten the pill for those who are disappointed about the lack of legal reform”.
Furthermore, there are fears that the consultation has negatively affected the lives of trans people in the UK, through toxifying the debate on trans rights further. This, in turn, draws attention away from ongoing problems in the daily reality of trans individuals’ lives, including the rising levels of violence they face. Nancy Kelley, CEO of Stonewall, noted that the “debate around the GRA has been harmful for trans communities”, and, moving forward, stressed the need to “bring the focus back on trans people, and listen to what they tell us would make a real difference in their lives.”
Henrietta is a current GDL student and Gray's Inn scholar. After completing her degree in Politics at the University of Cambridge, she completed the graduate scheme at a a public affairs firm in London. She now hopes to pursue a career at the Bar.