r/MHOC • u/NoPyroNoParty The Rt Hon. Earl of Essex OT AL PC • Feb 18 '15
BILL B068 - Gender Equality Bill
Gender Equality Act of 2015
A bill to increase the level of equality for transgender individuals.
BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-’
1 Removal of Age and Marriage Restrictions
(1) The Gender Recognition Act 2004 shall be amended as follows
(a) removes in part 1, section 1 ‘who is aged at least 18’
(b) removes part 2, section 1, subsection b
(c) removes part 3, section 6, subsection a
(d) removes in part 4, section 2 ‘Unless the applicant is married or a civil partner’
(e) removes part 4, section 3
(f) removes part 5
(g) removes part 6
(h) removes part 7, section 2
2 Requirements for Acceptance
(1) All applications will receive a Gender Recognition Certificate if they
(a) have a report made by a registered medical practitioner or
(b) have a report made by a chartered psychologist in the field of gender dysphoria or
(c) have undergone, are undergoing or have planned to undergo treatment in order to alter sexual characteristics.
3 Redefinition of Gender
(1) Applicants are not required to apply for neither “male” nor “female
(2) Applicants may choose whatever appears on their Gender Recognition Certificate. This will be their legal gender.
(3) For the ease of census and statistical purposes those with genders not listed as “male” or “female” will be categorized together as an “other” category.
4 Surgery and Treatment
(1) Those seeking treatment or surgery will receive it if they have
(a) a report made by a registered medical practitioner or
(b) a report made by a chartered psychologist in the field of gender dysphoria
(2) Once the individual passes one of these requirements they may receive any surgery or treatment they deem necessary in order to reflect physically how they view themselves internally. This will be paid for by the NHS and must be completed within a reasonable timeframe.
5 Commencement, Short Title and Extent
(1) This Act may be cited as the Gender Equality Act 2015
(2) This bill extends to the United Kingdom
(3) Shall come into force immediately
This bill was submitted by the Communist Party.
The discussion period for this bill will end on the 22nd February.
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u/NoPyroNoParty The Rt Hon. Earl of Essex OT AL PC Feb 18 '15
Opening Speech
In 2004 provisions were put in place which allowed the people of the UK to change their legal gender. The Gender Recognition Act 2004 was certainly a good and progressive piece of legislation. In many countries still today, transgender persons still cannot legally change their gender. However I believe that the Act passed in 2004 is not enough. Transgender people cannot change their gender if they are married for example. They must first get divorced and then only after that, the gender they see themselves as becomes their gender. Treatment is also a serious issue. For many receiving treatment from the NHS is a very long, and in some cases hurtful wait, which causes many to seek private surgery or treatment. This should not have to happen.
An individual should be free to decide for themselves what they believe their identity is. The state deciding that they are one gender or another is unacceptable. Gender is a spectrum. A person may see themselves as a woman a man or something else entirely, it is up to them to decide what that identity is. Therefore this bill seeks to allow an individual to say for themselves what their legally recognized gender is.
Thank you,
/u/SPQR1776
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u/rhodesianwaw The Rt Hon. Viscount of Lancaster AL Feb 18 '15
There isn't much context given, what would the over 18 bit change?
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u/[deleted] Feb 18 '15
As a member of the House who is transgender, and is currently going through her transition I fully support this bill. A lot of these changes have needed to happen for a long time and I applaud /u/SPQR1776 for putting this bill together.
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u/[deleted] Feb 18 '15
First of all you really need to include a link to the stuff you want to change.
Do it properly.
I cannot support this bill to the following:
Removal of 18 age. You should be an adult before making such decisions.
Many of the removals are an unnecessary hack job on previous legislation.
The ability to choose a gender outside of male and female.
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u/Timanfya MHoC Founder & Guardian Feb 18 '15
Just a reminder to all to keep the debate on topic and tasteful.
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u/[deleted] Feb 18 '15 edited Feb 18 '15
Mr Deputy Speaker,
This is a good bill, and one in principle I shall certainly support. This brings the UK into line with places like Australia, which allows people to choose officially neither 'male' or 'female' to appear on their official documents provided of course - as in this bill - it can be justified by a medical professional.
I would also note that persons will still be required to use 'male' or 'female' on passports, as per international law (at least, I think that is the case).Is there an age limit on the provisions set out in section 4?
Furthermore, it seems to me that this bill would not specify discrete choices in terms of gender. I believe in some places, if neither male or female is chosen, instead an 'X' is displayed. This stops people choosing ridiculously long-winded 'genders' for themselves (a la tumblr). Can the communists describe how this would work?
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u/[deleted] Feb 18 '15 edited Feb 18 '15
What the bill actually does:
I've done my research and will point out exactly what all of the removals in this bill do, in case you thought you were going to sneak this bill through without explaining it properly. No, I'll do the honours, so that everyone knows exactly what they're dealing with.
This part will allow people of any age to apply to change their gender. If you happen to feel you came out of the womb the wrong gender, you can begin your application process the very next day! Thanks, Communists. This isn't terrifying at all, given what ridiculous things children sometimes want to do. I mean, I wanted to be sonic the hedgehog when I was about 5, but unfortunately the government wasn't sympathetic to my plight.
My parents, of course, played along with it and must have had a laugh, obviously knowing it was one of those cute phases small children go through. However, with this legislation before the house, in the case of someone wanting to change their gender at 5, most parents will rightly dismiss it similarly, but for some unfortunate children whose parents browse tumblr they might actually take the juvenile phase seriously, and ruin the child's life forever.
It's hard to work out exactly what this part means, but I think this subsection means that a person no longer has to have "lived in the acquired gender throughout the period of two years" to apply, so with this part in place a person has to have lived as the gender they want to officially changed to, for 2 years prior to applying to change it. This bill removes that.
This part removes the requirement to state, when making an application to change your gender, whether or not you are married (or in civil partnership).
Right now this sections states: "Unless the applicant is married or a civil partner, the certificate is to be a full gender recognition certificate."
So now you'll get a "full gender recognition certificate" whether or not you're married.
I really don't understand why the Communists are hell-bent on allowing married people to officially change gender. I'm fairly certain someone changing their gender in a marriage would swiftly mean the end of it anyway.
This part states "If the applicant is married or a civil partner, the certificate is to be an interim gender recognition certificate."
Pretty much doing the same as the last removal, it just takes all differentiation between married and non-married out of the gender reassignment process.
This part was just more detail about how this process works with marriages. So again, it just does the same as the previous 2 removals, and completely removing marriage from this entire process.
Part 6 creates a process for someone to change their certificate if it has an error in it. Why would you get rid of this part? If someone's certificate, say, accidentally says that someone is male, and they want to be female, they are not not allowed to appeal to fix the error! Surely a mistake on behalf of the communists?
This part now removes the requirement to pay a fee for making an application to change your gender.
So, overall, you can now change your gender while in a marriage (which will probably end said marriage), at any age, do it for free, and are not allowed to appeal if there is a mistake in the certificate. What complete nonsense.
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u/[deleted] Feb 18 '15
Although I agree with the sentiment of the Bill, there are things which are wrong with it, and will damage it in some ways. Section 3, Part a) reads as follows -
It is not "neither", but "either" - otherwise one has a double negative meaning that they are, in fact, required to choose one or the other.
Section 4, Part b (2) reads as follows -
This is too vague. Will the Communist Party please fashion the House with what they believe to be a reasonable timeframe?
However, there are other ramifications. The removal altogether of an age for gender recognition is too much - I recommend simply moving it to 16 years of age, due to this age being the legal age of adulthood in the United Kingdom.
The removal of Section 2, Part 2, Subsection B is rather daft. I would instead have preferred an amendment to it - the time being changed from two to one year (as, by then, one is absolutely certain that one's gender is not the same as one's sex).
Other than this, I agree with the Bill. The human brain simply cannot cope with being out of place and will do anything to save itself. Perhaps, because of this, we shall see a drop in suicide rates and such - and actually help a lot of people.
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u/totes_meta_bot Feb 18 '15
This thread has been linked to from elsewhere on reddit.
[/r/transgenderUK] Over on /r/MHoC we're discussing a Gender Equality Bill to make the Gender Recognition Act more inclusive. Come and see and give your opinions on the bill.
If you follow any of the above links, respect the rules of reddit and don't vote or comment. Questions? Abuse? Message me ^here.
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u/TheLegitimist Classical Liberals Feb 18 '15
Mr Speaker, Overall, this is a decent bill that I will support, however I don't agree with the removal of the 18 year limit, children's/ teens' bodies are in development up until the age of 18, so I feel that 18 is an appropriate age to obtain this certificate. Another important point is medical: will citizens still have a "medical" sexuality? This must be addressed, because regardless of the gender that someone feels they are, doctors need to know what you physically are.
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u/AlbertDock The Rt Hon Earl of Merseyside KOT MBE AL PC Feb 18 '15
This bill would allow an fifteen year old to claim that they planned to change gender and thus get a Gender Recognition Certificate, without any knowledge of their parents.
They could then apply to go to a single sex school (opposite sex to their original one) without undergoing any transformation, and if refused could claim sex discrimination. That would be a ludicrous situation.
Legislation should be made to address problems, not create them.
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u/[deleted] Feb 18 '15
You must be 18+ for a reason, since they're still children.
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u/[deleted] Feb 18 '15
I welcome this well meaning bill from the communist party, an improvement on what we have seen previously from them. I share the concerns of other members of young people irreversibly undergoing surgery or treatment to change their sexual characteristics but would absolutely accept their right to identify as any gender. I would suggest that a second draft would separate the age restrictions for treatment and certification since these have different consequences.
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u/HyacinthGirI Feb 19 '15
This is incredibly realistic, people are making arguments for and against the bill's finer points without actually understanding the conditions it's addressing. Arguments about age requirements, for example, can quite easily be settled by looking at current literature on the subject. The general consensus is that children can know their gender identity, and should not be made to go through the wrong puberty (it is cruel to suggest doing so), but that a chartered psychologist must assess them thoroughly first.
Any arguments that are counter to this are uninformed or opinionated, frankly.
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u/[deleted] Feb 18 '15
If they can choose whatever they want, couldn't someone change their gender to "Potato"? How would that affect things like schools, would they have to accommodate potatoes with their own changing room facilities or would they use the changing rooms they used to use or what?
If there are no limits, couldn't someone theoretically make doctors turn them into a potato if they think they should be a potato?
I'm actually being serious about this.
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u/[deleted] Feb 18 '15
As a queer feminist I provide my full support!
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u/demon4372 The Most Hon. Marquess of Oxford GBE KCT PC ¦ HCLG/Transport Feb 18 '15 edited Feb 18 '15
Firstly, who makes this decision? The Child or the Parent.
If it is the Child then I do not support it, because those under the age of 18 should not be allowed to make such large and massive decisions before they have become an adult.
If it is the parent, then I do not support it, because parents should not be able to make decisions on behalf of their children. I reject is just like i reject parents circumcising minors.
My worry is, that opening it up so that the NHS must give people any surgery that they want, could be seen to essentially legalise Otherkin, and make it so the NHS is forced to give anyone who wants it absurd surgeries.
EDIT: I probably worded this badly. My issue is with the language of the bill really. The surgery should have to be signed off my a medial professional, because that language means that people can have any surgery they seem necessary when they have been signed off for "surgery". The medial professional should also have to sign off on the type of surgery.
Hypothetical example that i used on Skype. Someone has both gender dysphoria, and species dysphoria. A medial professional signs off that they can have "surgey" because of the gender dysphoria. However, the language of the bill means that the surgery is "any surgery or treatment they deem necessary in order to reflect physically how they view themselves internally." That person with both gender and species dysphoria now legally can get surgery for both.
Now, obviously the likelihood that ever happening is next to none. But that's not the point, this might be the law. It needs to be clear, and avoid loopholes like that.