Government Rules Out Self-Identification for Trans People

Following a consultation on the 2004 Gender Recognition Act, the U.K. government is abandoning the self-identification plan for transgender people but is lowering the cost of gender recognition certificates in a new reform.

The government will be reducing the cost of the gender recognition certificate in an effort to update the trans rights proposal but will not change the medical diagnosis requirements to allow transgender people to legally modify their gender. 

“We want transgender people to be free to live and to prosper in a modern Britain,” Women and Equalities Minister Liz Truss wrote in a statement. “We have looked carefully at the issues raised in the consultation, including potential changes to the Gender Recognition Act 2004.”

Under Theresa May’s ministry, it was proposed that people should be granted the right to their own gender recognition and the ability to “self-identify” as the gender they choose by simply signing a legal declaration, according to The Guardian.

But the government’s response to the consultation means a mandatory medical diagnosis or evidence of gender dysphoria is still required. 

While the requirement for medical evidence still stands, the government is reducing the £140 cost for a gender recognition certificate in England and Wales to a “nominal amount.”

According to Truss’ statement, the online procedure for applying for a gender recognition certificate will be simpler and more compassionate.

There are current National Health Service (NHS) waiting lists for transgender people, so in order to alleviate that wait, there will be three new gender clinics opening this year.

Truss admitted she was “deeply concerned at the distress” potentially caused by the waitlists and said the three new clinics could help about 1,600 transgender patients by 2022.

“We have also come to understand that gender recognition reform, though supported in the consultation undertaken by the last government, is not the top priority for transgender people,” Truss wrote. “Perhaps their most important concern is the state of trans healthcare. Trans people tell us that waiting lists at NHS gender clinics are too long. I agree, and I am deeply concerned at the distress it can cause.”

According to The Guardian, the government’s response has been criticised by Stonewall campaigners, who have been fighting for trans rights to include changing their legal gender identity without a medical diagnosis of gender dysphoria.

Stonewall’s chief executive Nancy Kelley commented that the government let down the LGBTQ+ community with the reform of the Gender Recognition Act and missed an important opportunity to progress trans rights.

Sex v. Gender

Trans rights, which have been a prominent topic in the past few years, include being able to announce their desired gender identity even though it may differ from the sex listed on their birth certificate, according to a BBC report. 

Newborn babies are identified as either male or female, but there are also different chromosomal or physical characteristics in babies born as intersex, which makes the determination a bit more difficult. 

While sex is assigned at birth, gender is based on presentation and behaviour.

Gender is based on social norms also self-perception. Some may see themselves differently than others see them.

Then there are individuals who classify themselves as nonbinary, meaning they do not acknowledge themselves as either male or female.

Transgender people experience a difference in their gender identity, which is known in medical literature as having gender dysphoria. Transgender people can refer to themselves as transgender or trans for short.

Requirements for Gender Recognition

Legally, trans rights are noted in the Gender Recognition Act 2004.

The act allows adults in the U.K. to change their gender in the eyes of the law if they fit certain requirements. Trans rights allow them to list their preferred gender on their birth certificate and marriage certificate.  

The main legal requirements of changing gender recognition are: 

• An official proclamation that they will permanently live as their preferred gender;  
• Medical paperwork that shows evidence of a gender dysphoria diagnosis;
• Medical paperwork that shows they have received hormone treatment or surgery;
• Evidence in the form of official government documents (like a passport) that shows they have lived as their preferred gender for two years minimum; and 
• The individual must be at least 18 and must pay a fee.

Do you think the reform of the Gender Recognition Act fell short? Do you think trans rights should include being able to legally changing gender without a medical diagnosis? Share how you feel in the comments.

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