City University of New York (CUNY) CUNY Academic Works Center for LGBTQ Studies (CLAGS) Centers & Institutes 2004 Respect and Equality: Transsexual and Transgender Rights Stephen Whittle Manchester Metropolitan University How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/clags_pubs/51 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] Stephen Whittle was the 2003 winner of CLAGS's RespectandEquality: Sylvia RiveraAward in TransgenderStudies for his book, Respect and Equality: Transsexual TranssexualandTransgender Rights Rightsand Transgender Rights (London: Cavendish BY STEPHEN WHITTLE Publishing,2002). The following passagesare excerptedfrom thefirst DISEMBODIEDLAW: TRANS PEOPLE'SLEGAL (OUTER)SPACEl chapter. he problemof who I legallyam in the Furthermore, I have a set of skills imbued in world I live in has been vexatious me as a child and teenager that other men simply Tthroughout my adult life. Like other do not have. Apart from sewing and household transsexual people worldwide, I face an cleaning skills, I listen differently and I contribute inadequate legal framework in which to exist. to discussions differently. My childhood, like that Some of us live within states and nations that of many I suppose, was unhappy but the reasons recognise the difficulties and attempt to provide a for that unhappiness were considerably different route way through the morass of problems that from those of most others. I know my attitude to arise; others barely, if at all, even acknowledge our other people and their lifestyles is one of almost being. We are simply 'not' within a world that excessive tolerance, as long as it involves no harm only permits two sexes, only allows two forms of to others. I simply do not function in life with the gender role, identity or expression. Always falling same assumptions that other men are afforded outside of the 'norm,' our lives become less, our through their upbringing and position of humanity is questioned, and our oppression is privilege. legitimised. In social and medical texts, my sort of man I have spent 28 out of my (to date) 47 years has, over time, been referred to as a female urning of life being known as Stephen. Prior to my and gynandrist (Krafft-Ebing, 1893), female adoption of the name Stephen, regardless of the transsexual (Stoller, 1975), and as a 'woman who name used for me by others, in my head, my day wants to become a man' (Green, 1974). More dreams and my plans for the future I referred to recently, the common descriptor applied to me is myself as Peter-a name I did not retain only that of 'female to male transsexual.' This is on the because other people felt it was old fashioned. I basis that I was born with genitalia that are have a beard, I wear a suit and tie to work - to not regarded as female yet have undergone a bilateral do so would be considered inappropriate. My mastectomy, take testosterone on a regular basis partner and I have four children whom we chose and I identify myself as male. Yet, am I a man? I to have together and the children all refer to me prefer to refer to myself as a trans man-my own as Daddy. My driving licence, passport, library understanding is that I am a man who was born card and video-club membership have only ever female bodied and, as I explain to my children, referred to me in the male gender. Yet my when I was big enough and old enough I made it national insurance pension scheme has only ever clear to other people that I really was a man and I referred to me in the female gender; if I break the got it sorted out. This leaves me with a personally law I will go to a women's prison and to cap it all, acknowledged situation that I am a different sort I will depart this life as Stephen Whittle, female. of man; I am a trans man with a transsexual status. I frequently face a dilemma in how I am to With my status, a trans man, the UK refer to myself in various settings. I am all too government, because I have undergone some aware that I am not like most other men. For a surgical gender reassignment, acquiesces to my start, if I refer to myself as a man, am I claiming request to be regarded as male (and not a man) some privileged position in the patriarchy? I for some social purposes but continues to actually do not want to claim that position; I often maintain that for legal purposes I will be regarded do not feel very privileged having been dismissed as a woman. They choose not to make my life from jobs in the past because of my otherness. I really difficult by making international travel or a have received hate mail and been excluded from driving check embarrassing, but they refuse to social events both public and private. I find the allow me many of the privileges that the law fact that I cannot ensure my compulsory affords other men. At their worse, they insist that I employment pension contributions are passed am a woman. onto my partner of twenty five years standing, at It is difficult to explain what being a bearded best, demeaning of our relationship, at worst, an woman means to those who have never almost criminal extortion of money from me. experienced that position. If I want to take out life Where is my privilege? insurance, I am forced to sit in front of an continued on next page j_3···································································· • insurance broker who does not know me LIVING IN OUTER SPACE probabilities test used for ascertaining from Adam (or Eve for that matter) and For lrigary (1977) to have an identity evidential proof, I suspect she would be explain that I am a woman-which always which is not one's own, to be a sex which found to be a man on a 2:1 rule. However raises the eyebrows. I never ever want to is not one, is to be excluded from the in the criminal court if we were to have to lose my job because the idea of sitting in fullness of being: it is to be left precisely in prove her sex, say for an offence involving the dole office waiting for the clerk to a condition of dereliction. One is excluded, soliciting, would the evidential burden of shout out 'Miss Stephen Whittle to cubicle therefore, from the social contract within 'beyond all reasonable doubt' mean that 6' makes me feel sick. I find it appalling which men participate. A Rousseau'sian the court would be left with no sex site that one of my children might one day design of the social contract inevitably fails that they could place this woman in? have to register my death and on their because the abstract individual of liberal As UK law currently stands the return to collect the certificate will find I democratic theory is, as Patemen (1989) transsexual man, if born in Britain, would have been identified as Stephen Whittle, has shown, in fact a man. lrigary is be legally classified as a woman for the female, and that they will simply become referring to women as women, women purposes of marriage3, the criminal law4, 'friend of the deceased.' who never have their own identity-a Social Security and National Insurance The presumption that has been woman's identity is defined through the benefits5, immigration6 and parenting?. taken by most academic writers in the area social and cultural persona, they are in For the purposes of employment he would is that I, and people like me, are society but not of society. And this could be afforded the special status of 'woman demanding that we be legally recognised be seen as an echo of the women in law; a who is transsexual', 8 which simply means in the gender role in which we live. I am woman is objectified through interven­ a woman with special protection for not sure if that is the case (though it may tionist law, she never is the law. As such, having an identity peccadillo. If the trans be for some)-and anyway, surely the role I the egalitarian project of law is doomed man were born outside of Britain then his live in is that of a trans man. I am willing through its own history, and the interven­ identity in each of these areas of the law to be a different sort of man, but I am not tionist project in law is doomed through its would be dependant upon the nation willing to be a different sort of woman further objectification. Both deal in a state he was born in.9 Yet, the trans man because I have never been a woman. I mythical equivalency. would be classified on his driving licence transitioned into living as a man when I The question then lies on whether (through the codification system) as a was 19 years old; therefore, as I often there is any other form of project which man. If the trans man is required to give explain, on that basis I never reached the can address the issue of the inadequacies of his 'sex' to the court if he is facing a exalted state of womanhood-my sexed / gendered law.... John Locke driving disqualification, presumably the experience was at most, that of being a asserted in relation to the law that the use purpose of that disclosure is to ensure that different girl.