Transgender People The Triangle Wales and Stonewall (2006) report did not obtain the input of Transgender participants, and to date very little research has been published within the UK which addresses or discusses the housing needs and experiences of transgender people. The legal framework together with material published by the Office of National Statistics, transgender websites, and anecdotal contributions provide much help with understanding the issues together with guidance on appropriate ways to engage transgender service users. Sex Discrimination (Gender Reassignment) Regulations (1999) Protects transsexual people against discrimination in employment and vocational training.
The Gender Recognition Act 2004 The Gender Recognition Act was passed by Parliament in the summer of 2004 and came into force on 4th April 2005. This is seen as an important event for transsexual people, but is also significant for services when engaging transsexual persons. The following is a brief summary of what the GRA contains. The Act allows transsexual people who are UK citizens (or some people from countries on an approved list and recognised as having changed gender) who are able to obtain evidence to apply to a new Tribunal (the Gender Recognition Panel, consisting of a lawyer and a doctor), to seek full legal recognition. The process makes the following requirements of applicants : · they are at least 18 years of age at the date of application, and · they have, or have had a diagnosis of “gender dysphoria” , and · they have lived in their acquired gender for two years before the date of application, and · they intend to continue to live in the acquired gender until death, and · they are not married or in a civil partnership The Panel has wide powers to require further evidence from the applicant. NOTE : This procedure does NOT require that the trans person has undergone full gender reassignment surgery in order to make an application. The Act recognises the person’s move to an “acquired gender” not any acquired biological sex. If successful, a “Full Gender Recognition Certificate” (GRC) is issued to the applicant unless the person is married. If a married person would otherwise qualify they will be given an “Interim Gender Recognition Certificate”, which has no legal significance other than to enable their marriage to be declared void if they go to a court to do so, and thus to give a married trans person the right to obtain a Full GRC via a simplified procedure once they have terminated their marriage or once the spouse has died.
The effect of obtaining a Full GRC is that: · The single or now unmarried trans person will be automatically entered on a database or “Register of Transsexual People” held by the Registrar General and their original birth register entry will be marked to indicate that they are transsexual. The “Transsexual Persons Register” will not be open to search by the public and limited access to it by governmental, security and police authorities will be strictly controlled. · The person will be able to obtain new birth certificates which do not disclose the fact that they changed gender, and the effect will be just as if they had “always been that way”. · Once a Full GRC is issued, and unless it is later set aside for fraud, the transsexual person will be for all legal purposes of their “acquired” gender, which includes retrospective effects upon the interpretation of laws and documents, though recognition does not apply retrospectively to acts done or events occurring before the certificate was issued. Although legal recognition in the acquired gender is for all purposes, there are no new protections against discrimination in respect of goods and services under the Sex Discrimination legislation, on the grounds of being transsexual or on the grounds of being a registered transsexual person. · The Employment restrictions imposed in 1999 upon transsexual people (Sex Discrimination (Gender Reassignment) Regulations) will cease to apply once the person in question has obtained a full certificate. Those who do not apply for a GRC and married people, even if they have obtained an Interim Gender Recognition Certificate, will continue to come under the employment restrictions. · A change of legal gender does not however have any effect on a person’s status as the mother or father of a child, save for an exception in the case of trans men who have entered into treatment services under the Human Fertilisation and Embryology Act 1990 for the purposes of him and a woman together. The trans man will be deemed to be the father just as would a non-trans man in the same circumstances. · Rights of inheritance under wills and so forth will not normally be affected and nor will rights in respect of the descent of peerages and titles, etc. · The Act provides what might best be described as a ‘transitional’ procedure which will apply only for the first six months after the Act, once enacted, comes into force. Under the procedure which will apply during that period, different tests apply for legal recognition, to the effect that the person must show that they have, or have had gender dysphoria, or have undergone surgery to modify sexual characteristics AND have lived “in role” for at least 6 years before applying, AND must also satisfy points (c) and (d) above. The medical evidence is reduced to a requirement for only ONE medical report which must provide details of the diagnosis and/or surgery. The panel which considers the application need not, under this procedure, include a medical member. Section 22 – Disclosure of information As a GRC conveys full legal rights to the individual in their acquired gender, the Act goes on to provide protections for the trans person regarding the disclosure of the fact they hold a GRC. The Act states: (1) It is a criminal offence for a person in an official capacity to disclose information they may acquire during their work relating to a trans person having a Full or Interim GRC, applying for a Full or Interim GRC or anything about their previous gender to any other person. This is punishable by a fine of up to £5000.
(2) Such information may be gained in connection with that person’s function as: · a member of the civil service, · a constable · the holder of any other public office · in connection with the functions of a local or public authority · a voluntary organisation · as an employer or prospective employer of the person to whom the information relates · a person employed by such an employer or prospective employer in the course of, or otherwise in connection with, the conduct of business or the supply of professional services. This is only a short summary and does not cover all areas of the Act.
Sex Discrimination (Amendment of Legislation) Regulation (2008) A section of the act seeks to eliminate unlawful direct discrimination and harassment on grounds of gender reassignment in the provision of goods, facilities and services. However guidance is available from the Home office document: Trans Data Position Paper (May 2009), produced by the Office for National Statistics. The ONS offers the following glossary of terms with definitions: Gender Variance A person’s feelings about his or her gender identity that do not conform to the stereotypical boy/man or girl/woman category as assigned at birth. This variance is increasingly understood to derive from sex differentiation in the structure and working of the brain, which may be inconsistent with the other physical sex characteristics. Trans Trans is an umbrella term used to describe people whose lives appear to conflict with the gender norms of society. Whether this is in their clothing, in presenting themselves or undergoing hormone treatment and surgery. Being trans does not imply any specific sexual orientation. Transsexualism This term is used to describe a person who has ’transitioned‘, or is in the process of ‘transitioning‘, or intends to transition from male to female or female to male. For a transsexual person, the process of ’transitioning‘, may involve a variety of treatments including: hormone therapy, surgery and hair removal. People who have transitioned do not necessarily identify as trans any longer; they may identify as simply a man or a woman. Some transsexual people may not transition due to family or other social constraints. Transvestite A transvestite individual feels compelled to wear clothing normally
associated with the opposite sex, but does not desire to live permanently as a member of the opposite sex. Drag A term applied to individuals who cross dress often for entertainment purposes. Androgynous A person who does not fit clearly into the typical gender roles of their society. Androgynous people may identify as beyond gender, between genders, moving across genders, entirely genderless, or any or all of these. Androgyne identities include pan-gender, bi-gender, ambi-gender, non-gendered, a-gender, gender-fluid or intergender. Ze, Hir and Hirs Although not commonly used, these are gender neutral pronouns that some people prefer to use in place of he/she, him/her and his/hers. (O’Neil, 2008). Acquired Gender The ’gender‘ (when opposite to the sex assigned at birth) in which a person lives. Gender reassignment The process by which an individual reassigns their gendered appearance. Gender recognition The legal recognition of an individual’s acquired gender as the opposite of the sex assigned at birth Usually once a person has begun the process of transitioning, pronouns that are appropriate to the gender towards which he or she is transitioning should be used.
Other headings to be completed:
Circumstances Precipitating Housing Problems and Need for Transgender People Engaging Transgender Service Users The following tips were contributed by a transgender person: Respect their gender identity. Think of them as the gender they refer to themselves as and refer to them with their chosen name and gender pronoun (regardless of their physical appearance) from now on. (Unless they are not out, or tell you otherwise. Ask to be sure if or when there are times it is not okay.)
Watch your past tense. When talking of the past don't use phrases like "when you were a previous gender" or "born a man/woman," because many transgender people feel they have always been the gender they have come out to you as, but had to hide it for whatever reasons. Ask the transgender person how they would like to be referred to in the past tense. One solution is to avoid referencing gender when talking about the past by using other frames of reference, for instance "Last year", "When you were a child", "When you were in high school", etc. If you must reference the gender transition when talking about the past, say "before you came out as current gender", or "Before you began transitioning" (if applicable). Use language appropriate to the person's gender. Ask what pronouns the transgender person prefers to have used in reference to them and respect that choice. For example, someone who identifies as a woman may prefer feminine words and pronouns like she, her, actress, waitress, etc. A person who identifies as a man may prefer masculine terms like he, his, etc. Other transgender people may prefer that you avoid the use of "gendered" language by using gender neutral pronouns such as ze, zir, sie, hir, etc. Use the name they ask you to use. o
Your friend Jack has just come out as a transgender person, and now wishes to be called Mary. From this point on, you do not say "This is my friend Jack, I've known him since grade school." Instead, you say, "This is my friend Mary, I've known her since grade school." Table any awkwardness you feel for another time when you and Mary can talk privately. Definitely, if you want to remain friends, you will need to respect Mary's wishes and address her as who she is today, not the person you used to know.
Don't be afraid to ask. Many transgender people will be happy to answer most questions, and glad you are taking an interest in their life. Don't expect the transgender person to be your sole educator. It is your responsibility to inform yourself. Exception: questions about genitalia, surgeries, and former names should usually only be asked if you need to know in order to provide medical care, are in a sexual relationship with the transgender person, or need the former name for legal documentation. Respect the transgender person's need for privacy. Do not out them without express permission. Telling people you are transgender is a very difficult decision, not made lightly. "Outing" them without their permission is a betrayal of trust and could possibly cost you your relationship with them. It may also put them at risk, depending on the situation, of losing a lot - or even being harmed. They will tell those they want to, if or when they are ready. This advice is appropriate for those who are living full-time or those who have not transitioned yet. For those living full-time in their proper gender role, very many will not want anyone who did not know them from before they transitioned to know them as any other than their current, i.e. proper, gender. Don't assume what the person's experience is. There are many different ways in which differences in gender identity are expressed. The idea of being "trapped in a man/woman's body", the belief that trans women are hyperfeminine/trans men are hypermasculine, and the belief that all trans people will seek hormones and surgery are all stereotypes that apply to some people and not to others. Be guided by what
the person tells you about their own situation, and listen without preconceived notions. Do not impose theories you may have learned, or assume that the experience of other trans people you may know or have heard of is the same as that of the person in front of you. Don't assume that they are transitioning because of past trauma in their lives, or that they are changing genders as a way to escape from their bodies. Recognize the difference between gender identity and sexuality. Do not assume that their gender correlates with their sexuality - it doesn't. There are straight, gay, lesbian, bisexual, and asexual transgender people, just as there are cisgender (the "c" in "cisgender" is pronounced "s"; cisgender means non-transgender) people of all orientations. If the person comes out to you about their sexual orientation, use the terms they use.
Cautions: The following, again was offered by a transgender person – some of these instances go without saying in a professional setting, however they have been included since they illustrate the prejudices / lack of awareness transgender people encounter in their dealings with others: While they may appreciate your extra attention to them, they don't particularly appreciate you making a big deal of them. After you are well-informed, make sure you're not going overboard. Transgender people have essentially the same personalities as they did before coming out. Treat them as you would anybody else.
This condition is known medically as Gender dysphoria, but there is much contention about this issue. Some believe the problem lies in society's refusal to acknowledge the variations of sex and gender present in nature (including human beings).
Asking about peoples' genitals and how they have sex is not appropriate, in the same way that asking cisgendered (people born in the sex they identify as) people how they have sex is not appropriate.
It's rude to ask what their "real" name or birth name was -- they consider the name they have chosen to suit their gender (if they have done so) to be their real name, and they want you to think of them that way. Asking about past names only puts them on the spot, and you don't need to know it.
Everyone is different and most transgender people will be glad to answer any questions - but if they are uncomfortable answering, or don't want to, then let it go. If you need to know, use the resources below.
Not all transgender people get a sex change (SRS, or Sexual Reassignment Surgery or gender confirmation surgery), so don't automatically think that is the plan. Don't assume that it's appropriate to ask about a person's plans for surgery, hormones, and so forth, any more than you would pry into someone else's medical affairs.
If you slip up early on and say "she" or "he" when you meant the other, don't apologize too much, just follow the mistake with the right term and continue what you were saying.
There is no "cure" for being transgender, except to correct the physical appearance to match the mental gender identity. There is a problem with the body, not the mind.
Websites like PlanetOut or MySpace have transgender groups, or other sections for transgender people; go to them to talk to people or learn more.
Be careful when referring to transgenderness as a "choice". Gender Dysphoria is certainly not a choice by its very definition, but some other categories of transgenderedness are a choice by definition. If you want to respect transgender people, it's not helpful to treat their situation as a choice if it is not.
Do not compare them to a non-transgender person by calling that person a "real" or "normal" girl/boy. What makes a man a "real" man or a woman a "real" woman is their mind/brain, not their body. A transman is no less a real man and a transwoman is no less a real woman; the only difference is that their body does not match their gender.
Never tell them that people will not understand or love them because they were not born the right gender outside. It hurts very badly, and is not true. Many, if not
Even if you have objections to transgenderedness, you should always respect the person and never willfully embarrass them publicly. Embarrassing or humiliating the person does no good for anyone.
Avoid the use of pornography industry phrases like "tranny" and "shemale." These terms are considered very offensive, as they imply a connection between the person you are talking to and pornography. Also avoid mainstream heteronormative terms like "he-she."
"Intersex" is a general term used for a variety of conditions in which a person is born with reproductive and/or sexual anatomy that doesn’t seem to fit the typical definitions of female or male. While some intersex people are also transgender, the two are not the same and should not be conflated.
Monitoring for Transgender Service Users
Resource Listings:
Websites: http://www.transwales.btik.com http://www.gender-matters.org.uk http://www.gires.org.uk http://www.gendertrust.org.uk http://www.beaumontsociety.org.uk http://www.pfc.org.uk http://www.transwirral.btik.com http://www.agender.org.uk