Imagine for just a moment your parents sitting down and explaining to you that they are being forced to get divorced because of new legislation. The shock and pain that this announcement would cause is immeasurable, and yet this is not a hypothetical situation. I am referring to couples where one person changes their gender and wishes to live their life in their acquired gender. Although you would be forgiven for questioning why a couple would stay together if one person changed their gender, there are between 150 and 300 couples, that are known of, that wish to do just that.
Transsexual people are currently able to have their passport and driving licence in their acquired gender, but their birth certificate must still show the gender that they were born as. This may not sound particularly problematic, except if you start to think about the many situations in which you are asked to present your birth certificate. For example, when applying for insurance, sometimes when starting a new job or even if you are convicted and sent to prison. The latter of these examples is perhaps the most worrying as a transwoman could be sent to a male prison because of the gender marked on their birth certificate.
The Gender Recognition Bill is the government’s answer to many of these existing problems and inequalities. It is long overdue, and finally provides transsexual people with human rights that non-transsexuals have had for many years. The Bill will allow transsexuals to obtain a new birth certificate in their acquired gender and then marry someone of the opposite sex. The new birth certificate will be linked to the old via a transsexual person’s register, thus creating a new legal document, but not invalidating the original. It is important to recognise that to a transsexual person, a new birth certificate is not just a piece of paper; it is an affirmation of the true self. It will provide huge relief and reassurance to those that have been born as the incorrect gender and have made the transition into their acquired, and more to the point, correct gender.
But while a huge step forward, the Bill does not get everything right. One of the key problems with it is its impact upon pre-existing marriages. The Bill states that when a transsexual person applies for a Full Gender Recognition Certificate, which will allow that person to be known as their acquired gender for all purposes, they will be forced to annul or dissolve any pre-existing marriage that they have. In short, transsexuals with pre-existing marriages will be forced to choose between their marriage and their gender.
No doubt some people will think that transexuals should not be allowed to have their metaphorical cake and eat it by being allowed new birth certificates and remaining in what would become a same-sex marriage. But this is the 21st century and we should be somewhat closer to a collective open mind. Furthermore, if legislation provides for these couples to stay together, it would seriously open up a discussion on why same-sex marriages should be allowed.
Other than the emotional effects on annulling these marriages, there are huge financial impacts. Take, for instance, the issue of pensions. I know of one case in which a woman (let’s call her Katherine) is currently receiving a state-derived occupational pension, which supports her and the woman to whom she is married. If Katherine were to die, her widow would be entitled to the survivor’s pension. However, the pension is transferable to a spouse only if the marriage predated the retirement. This would mean that if this couple were to annul their marriage and then create a civil partnership, Katherine’s spouse would become ineligible for the survivor’s pension in the event of her death. One can only hope for a change to this part of the Bill.
For those that have campaigned so tirelessly to get this legislation, it is a slap in the face to find that marriages are at stake. For those of us that have spent years listening to the Labour party talk about family values, it is a shock to see possible legislation that will damage family units immeasurably. In a time when family units are becoming increasingly dysfunctional, it is encouraging to see families that are fighting to stay together, whatever the gender of the Mum and Dad.