Non-binary recognition

Non-binary recognition? “Soon”, promises the UK government. As it has taken a year from the announcement to start consulting on trans gender recognition, that might be a long time. We want people who identify [as non-binary] to be able to live discrimination-free lives in accordance with who they believe their true selves to be, says the consultation, but not when.

Non-binary recognition is a complex issue, with many potential implications for the law and public-service provision, the consultation says. They are quite simple. Non-binary people are not protected from discrimination, and they should be. It would be simple enough for most toilets open to the public to include non-binary facilities, either by making all the toilets all-gender, or by making a disabled people’s toilet all-gender.

Maternity leave and paternity leave need to be equalised. People could be recorded on birth certificates as parents rather than “mother” or “father”.

But we might not know what sex people were!!!

If you can’t tell, it’s none of your business. Stop trying to pigeonhole people. Sex is not a reliable indicator of other qualities or characteristics. What sex someone is is only important if you want to have sex together.

Many forms ask your sex, and that is not necessary unless services should be different or sex-segregated. Admin and IT systems usually assume only two genders, but these could be changed within a reasonable time- certainly the next time the system is overhauled. Marriage and civil partnership should be open to all kinds of couples, including non-binary parties.

Purely on the issue of gender recognition, it is difficult to get evidence of living as non-binary, because documents don’t show what that means. Non-binary people don’t always seek out a gender dysphoria diagnosis. So, a gender recognition system which recognised non-binary might not insist on those things. But, it should not insist on those things anyway.

The current requirement for applicants to make a statutory declaration that they intend to live in their acquired gender until death: we would like to hear respondents’ views on whether they think non-binary people should be asked to commit to living permanently in a particular gender. What does it mean to live in a particular gender? You can normally spot someone who is “living as a woman”, but there is no one way of expressing as non-binary. Anyone may dress androgynously if they wish. So you are living as non-binary if you tell people you are non-binary. How people express that will develop over time.

The question now asked is,

20. Currently UK law does not recognise any gender other than male and female. Do you think that there need to be changes to the Gender Recognition Act to accommodate individuals who identify as non-binary? If you would like to, please expand more upon your answer.

Yes; but they should not be allowed to delay reform of the GRA for binary trans people.

The Scottish consultation gave alternatives for non-binary recognition:

  1. Changes to administrative forms.
  2. the Book of Non-Binary Identity, a register of those who wished to be recorded as non-binary.
  3. limited identity document and record changes, such as passports and driving licences.
  4. self-ID. The consultation listed other legal issues this would raise.
  5. an incremental approach, adopting options 1,2 and 3 and moving towards full recognition
  6. seeking amendment of the Equality Act.

2 thoughts on “Non-binary recognition

  1. There can be few LGBT Scots who are more pro-SNP than I, Claire, but even I have to admit it’s about time Nicola got her finger out on this one. The Scottish Government promised this before the summer recess, LAST year.

    N.B. I’m a bit confused at you saying the UK government, which is Westminster, then referring to the Scots consultation, which is Holyrood.

    Like

    • It’s good to see you at the blogs again. The GEO, Government Equalities Office, is UK, mostly, as discrimination law is not devolved, nor passports, though status including gender recognition is. I mentioned the Scottish consultation to contrast it with the English proposals. The UK government would have to deal with any Equality matters. You know the devolved matters, so could follow the differences. I could say “Westminster” (sometimes English, sometimes British, sometimes UK) but the subtleties would still be too arcane for most English speakers. It would be a problem if Scots and English non-binary recognition were significantly different: crossing the border might change what it meant to be onesself in society. And it’s better to give protection against discrimination at the same time as recognition.

      Liked by 1 person

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