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Gender Recognition Act – Analysis of Consultation Responses Gender Recognition Act Analysis of consultation responses Professor Daniel King, Professor Carrie Paechter, Dr Maranda Ridgway, and researchers at Nottingham Trent University CP 294 Reform of the Gender Recognition Act: Analysis of Consultation Responses Presented to Parliament by the Minister for Women and Equalities by Command of Her Majesty September 2020 CP 294 © Crown copyright 2020 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/official-documents. Any enquiries regarding this publication should be sent to us at Government Equalities Office, 20 Great Smith Street, London, SW1P 3BT ISBN 978-1-5286-2046-8 CCS0520671128 09/20 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office Reform of the Gender Recognition Act – Analysis of consultation responses This report was commissioned by the Government Equalities Office (GEO). The analysis and findings are those of the authors and do not represent the views of the GEO or government policy. While the GEO has made every effort to ensure the information in this document is accurate, the GEO does not guarantee the accuracy, completeness or usefulness of that information. 1 Reform of the Gender Recognition Act – Analysis of consultation responses Contents Executive Summary 7 1. Introduction 17 2. Overview of responses received 21 2.1 Sources of responses 21 2.2 Campaigns 22 2.3 Identification and removal of duplicates 23 2.4 Individual and organisational responses 24 2.5 Location of respondents 24 3. Methodology 25 3.1 Quantitative analysis 25 3.2 Qualitative analysis 25 4. Question 1: Experiences of trans people applying for a Gender Recognition Certificate 31 4.1 Question 1(a) – quantitative analysis 32 4.2 Question 1(a) – qualitative analysis 33 4.3 Question 1(b) – quantitative analysis 36 5. Question 2: The meaning of a Gender Recognition Certificate 38 5.1 Question 2 – qualitative analysis 38 6. Question 3: The gender dysphoria diagnosis requirement 41 6.1 Question 3 – quantitative analysis 41 6.3 Question 3 – qualitative analysis 42 7. Question: 4: The medical report requirement 47 7.1 Question 4 – quantitative analysis 47 7.2 Question 4 – qualitative analysis 48 8. Question 5: The evidence of living in the acquired gender requirement 52 8.1 Question 5(a) – quantitative analysis 52 8.2 Questions 5(a) and 5(b) – qualitative analysis 53 8.3 Question 5(c) – quantitative analysis 56 8.4 Question 5(d) – qualitative analysis 57 8.5 Wider themes 58 2 Reform of the Gender Recognition Act – Analysis of consultation responses 9. Question 6: The statutory declaration 59 9.1 Question 6(a) – quantitative analysis 59 9.2 Question 6(b) – quantitative analysis 60 9.3 Question 6(a) – qualitative analysis 61 9.4 Question 6(c) – qualitative analysis 64 10. Question 7: Spousal consent 65 10.1 Question 7 – quantitative analysis 65 10.2 Question 7 – qualitative analysis 66 11. Question 8: The application fee 69 11.1 Question 8(a) – quantitative analysis 69 11.2 Question 8(b) – quantitative analysis 70 11.3 Question 8(c) – qualitative analysis 71 12. Question 9: Privacy and disclosure of information 74 12.1 Question 9 – quantitative analysis 75 12.2 Question 9 – qualitative analysis 75 13. Question 10: Trans people’s protected characteristics 79 13.1 Question 10 – quantitative analysis 80 13.2 Question 10 – qualitative analysis 81 14. Question 11: Impact of the GRC application process on people with protected characteristics 88 Question 11 – qualitative analysis 88 15. Question 12: Equality Act 2010 and the sports exception 93 15.1 Question 12 – quantitative analysis 93 15.2 Question 12 – qualitative analysis 94 16. Question 13: Equality Act 2010 and the single-sex and separate-sex services exception 98 16.1 Question 13(a) – quantitative analysis 98 16.2 Question 13(a) – qualitative analysis 99 16.3 Question 13(b) – quantitative analysis 104 16.4 Question 13(b) – qualitative analysis 104 16.5 Question 13(c) – quantitative analysis 106 16.6 Question 13(c) – qualitative analysis 107 16.7 Question 13(d) – quantitative analysis 108 3 Reform of the Gender Recognition Act – Analysis of consultation responses 17. Question 14: Equality Act 2010 and the occupational requirement exception 109 17.1 Question 14 – quantitative analysis 109 17.2 Question 14 – qualitative analysis 110 18. Question 15: Equality Act 2020 and the communal accommodation exception 113 18.1 Question 15 – quantitative analysis 113 18.2 Question 15 – qualitative analysis 114 19. Question 16: Equality Act 2020 and the armed forces exception 116 19.1 Question 16 – quantitative analysis 116 19.2 Question 16 – qualitative analysis 117 20. Question 17: Equality Act 2010 and the marriage exception 119 20.1 Question 17 – quantitative analysis 119 20.2 Question 17 – qualitative analysis 120 21. Question 18: Equality Act 2010 and the insurance exception 123 21.1 Question 18 – quantitative analysis 123 21.2 Question 18 – qualitative analysis 124 22. Question 19: Impact on law and public services beyond the Equality Act 2010 125 22.1 Question 19 – quantitative analysis 125 22.2 Question 19 – qualitative analysis 126 23. Question 20: Non-binary gender recognition 130 23.1 Question 20 – quantitative analysis 130 23.2 Question 20 – qualitative analysis 131 24. Question 21: Experiences of people with variations in sex characteristics 135 24.1 Question 21(a) – quantitative analysis 135 24.2 Questions 21(b) and 21(c) – qualitative analysis 136 25. Question 22: Further comments 140 Question 22 – qualitative analysis 140 Annex A: Summary of campaigns 145 Annex B: Data tables 149 Annex C: Glossary 177 4 Executive Summary Reform of the Gender Recognition Act – Analysis of consultation responses 6 Reform of the Gender Recognition Act – Analysis of consultation responses Executive Summary 1. The Gender Recognition Act 2004 (GRA) sets out a process that allows individuals over the age of 18 to receive legal recognition of their acquired gender. Successful applicants are issued with a Gender Recognition Certificate (GRC). The process involves the submission of various forms of prescribed evidence to a Gender Recognition Panel, which determines whether the applicant has met the criteria for recognition set out in the Act. The Government announced a review of the GRA following the Women and Equalities Select Committee’s (WESC) recommendations on transgender equality in 2016. A public consultation about reform of the Gender Recognition Act ran from 3 July to 22 October 2018. In addition to the consultation, the Government Equalities Office met with around 140 organisations to hear their views. This included trans and LGBT organisations, as well as a broad range of organisations working for the rights, wellbeing and safety of women and girls. 2. The Government Equalities Office (GEO) received a total of 102,818 valid responses to the consultation. Responses were submitted through an online form, by direct email or by post. 36% of the responses were submitted through official government channels, 39% through an online form hosted by Stonewall, 7% through an online form hosted by Level Up, and 18% through a template provided by Fair Play for Women. Other campaigns were also observed among those responses submitted through official government channels. In launching the consultation, the GEO noted that it was open to all perspectives. For this reason, each respondent who submitted a response via one of these campaigns has been counted individually in this analysis. A breakdown of responses by submission channel, as well as by UK country and response type (individual or organisational), is provided for each consultation question in Annex B to the report. 3. The authors have treated all responses from individuals equally, regardless of how they were submitted. It was assumed that all respondents were sincere in the viewpoints that they expressed, including those responses which were informed by or submitted through external campaigns. The consultation evoked a broad range of emotions, views and perceptions among respondents. The authors have sought to be respectful of the full spectrum of views and emotions expressed within the consultation. 4. The largest three campaigns noted above used different approaches when co-ordinating responses to the consultation, resulting in large differences in response rates to each question (as visible in Annex B). Stonewall used an online questionnaire with accompanying guidance, which prioritised some questions by making them visible as standard, with others only visible through an expandable menu. Level Up also provided an online questionnaire, but with only a limited number of consultation questions, which had also been re-worded. Fair Play for Women offered respondents a template with prefilled answers to a limited number of questions. Where campaigns appear to have significantly influenced the overall distribution of responses to a question, this is noted in the report. 7 Reform of the Gender Recognition Act – Analysis of consultation responses 5. This Executive Summary provides an overview of the quantitative results to the multiple-choice questions, as well as key themes that emerged from the qualitative results to the free-text questions. Unless stated otherwise, percentages relate to the total number of valid responses per question. Experiences of trans people 6. 1.1% of all consultation respondents answered they had previously applied, or were currently applying, for a GRC. Of these, 60.5% had been successful in obtaining a GRC, 11.7% had been unsuccessful, and 27.9% were awaiting a decision.
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