Written evidence submitted by Miss Jayde Turner (GRA0289)

Preface: Written November 2020

I am a 28-year-old trans woman who participated in the initial inquiry. My name is Jayde Turner and I am currently an IT Systems Assistant for an NHS social enterprise. I fear how trans people are currently being treated by a very vocal minority. The level of media support for these viewpoints as well as lack of clear support directly from government makes me fear terribly for the future. History repeats itself when we do not learn any lessons and apply the knowledge we have learned. It is not uncommon to find a sticker in any given city in the UK with transphobic content on it that have razor blades stuck behind to cut whoever may peel it off. This is a well-documented phenomenon.

On that note, I must stress that it is a minority of people who are causing problems, unfortunately it’s a very vocal minority with many loud voices. In my first-hand experience to date I have had much fewer negative experiences in person, although this lines up well with the fact that fewer people now notice I am transgender. My decision to transition I feel was one of the best decisions I have made for my health.

The Government’s response to the GRA consultation: Will the Government’s proposed changes meet its aim of making the process “kinder and more straight forward”? -Kinder? no. -More straightforward? Yes. -Is this question well out of place here? Yes – this question to me seems to exist only to create a positive data point for the inquiry. In the theoretical situation of a person saying no to both these, that means the proposed changes to the system would have to have been engineered with a pronounced bent for obfuscation.

Should a fee for obtaining a Gender Recognition Certificate be removed or retained? Are there other financial burdens on applicants that could be removed or retained? With the whole process online, I do not see a reason for the fee to be above £5

Should the requirement for a diagnosis of gender dysphoria be removed? Yes – This is an unsuitable requirement as not all trans people need a diagnosis to make changes in their life and most will make changes before this diagnosis. This will provide protection for the most vulnerable of us where the currently unfit for purpose for capacity reasons GIC system can’t keep up.

Should there be changes to the requirement for individuals to have lived in their acquired gender for at least two years? Yes – It’s terrible that it is in place, its totally unsuitable for trans people who can ‘pass’ within a few months of coming out.

What is your view of the statutory declaration and should any changes have been made to it? It should not exist as an obstacle for any trans person to change their gender. It provides a perfect environment for an abusive partner who is controlling to cause intense distress and damage, accommodating for it in law. This fits well with the raising of awareness of coercive control in relationships as abuse.

Does the spousal consent provision in the Act need reforming? If so, how? If it needs reforming or removal, is anything else needed to protect any rights of the spouse or civil partner? A spouse should under no circumstances be able to block the transition or obtainment of a GIC of their partner.

Should the age limit at which people can apply for a Gender Recognition Certificate (GRC) be lowered? Yes – 16 years old. Younger people are more likely to progress quicker in their transition in terms of being able to ‘pass’ in a really short period of time and this needs to be reflected in law as currently it leaves fast transitioning people wide open for discrimination and unwelcome disclosure of medical conditions

. Written evidence submitted by Miss Jayde Turner (GRA0289)

What impact will these proposed changes have on those people applying for a Gender Recognition Certificate, and on trans people more generally? Online GRC application is going to make an astronomical difference, depending on how well it is implemented. Reduction of fee will make a massive positive difference Opening at least 3 clinics is an ok-ish starting point although changing the system such that trans people visit their local hospital to see a psyche rather than visiting a specialised gender clinic is best in the case of adults.

What else should the Government have included in its proposals, if anything? The government needs to make a clear statement of its support of trans people in single sex spaces. There is so much ridiculous rhetoric around the fact trans women use women’s bathrooms. This attitude is not in the name of providing safety to women but is rooted in the transphobia and the misandry of those who spout it. I say this because trans men very very rarely get talked about as much as trans women regarding bathrooms along with a whole host of other reasons to support this hypothesis such as the contradictory nature of the act of restrictions leading to beardy testosterone driven dudes by law having to share bathrooms with women.

Does the Scottish Government’s proposed Bill offer a more suitable alternative to reforming the Gender Recognition Act 2004? Yes, it is a far superior solution than the proposal given here. The fact they are relying on their own act, of higher standards speaks volumes.

Wider issues concerning transgender equality and current legislation:

Why is the number of people applying for GRCs so low compared to the number of people identifying as transgender? No one person will be able to give an accurate answer to this. It is a great start question point for research, however. What I do know is the only reason I currently do not have a GRC is because I cannot bear to face the current process and pay such a high amount for the ‘privilege’. I know of many people who are in the same boat.

Are there challenges in the way the Gender Recognition Act 2004 and the Equality Act 2010 interact? For example, in terms of the different language and terminology used across both pieces of legislation.

There needs to be a clarification to the equality act that directly states that trans people should be considered in the equality act as the gender they identify as, regardless of their GRC or medical situation. Backing up my point earlier on transphobia is the fact that the current lack of clarity accommodates transphobic views as valid options. Cases where this is taken advantage of are going to be glaringly obvious and the people responsible for taking advantage of this should be held responsible for their act of misrepresentation.

Are the provisions in the Equality Act for the provision of single-sex and separate-sex spaces and facilities in some circumstances clear and useable for service providers and service users? If not, is reform or further guidance needed? We need a direct statement in the equality act that fully supports transgender people to be treated as the gender they identify as in single sex spaces. The reason it is transphobic to discriminate against a trans person in a single sex space is that this is rooted in the view that the trans person is question is no true man or woman very much in the vein of the no true Scotsman logical fallacy.

Does the Equality Act adequately protect trans people? If not, what reforms, if any, are needed No. It does not protect us clearly enough, as it does not clearly state that regardless of setting, we should be treated as the gender we identify as. It needs to be clear that transwomen have the same rights as cisgender women just as trans men should have the same rights as cisgender men.

Are legal reforms needed to better support the rights of gender-fluid and non-binary people? If so, how? Written evidence submitted by Miss Jayde Turner (GRA0289)

Gender fluidity should be acknowledged in the law however it is not clear how this should be as I do feel there is a difference in gender fluidity and gender dysphoria and that difference should be recognized. November 2020