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Law recognising transsexuals to go before Dáil
Nov 30th, 2009 | By Gooner | Category: Current Affairs
The Green Party has demanded that a new law which would allow members of the trans community to be recognised in their true gender go before the Dail. The Greens and Fianna Fail differ in how they view the difference between psychological gender identity and medical gender identity. When agreeing the revised programme for government the following statement was added:
“We will introduce legal recognition of the acquired gender of transsexuals.”
Fianna Fail seem to be worried that people will choose to change their legal gender status for reasons other than that of transexuality, for example, welfare or other entitlements. Minister for Social and Family Affairs Mary Hanafin has said:
The means by which legal recognition will be effected may include legislation and, in any event, will require careful consideration and consultation
Since Ireland is one of only two European counties that does not allow people to change the gender on their birth certs this has to come as welcome news. It is also great to see that the government has seen sense and have
withdrawn its
appeal to the Supreme Court against an earlier High Court decision on this issue. Cat McIlroy of TENI, the Transgender Equality Network Ireland:
There are under 100 people accessing hormones in the Loughlinstown clinic, but many more people identify as cross-dressers or transvestites and their family or work experiences can dictate if they go further. We believe there are potentially hundreds of people who could benefit from new laws in the area.
She goes on to say
Just to clarify – although it’s stated in the Irish Examiner article, I’m not sure that the Government
is dropping the appeal in the
Foy case at this stage… we’ll just have to wait and see.
Obviously, TENI very much welcomes this commitment to introduce gender recognition legislation but it’s also important to work towards expanding the ‘gender’ ground in the Equality legislation to include ‘gender identity and gender expression‘ that will explicitly protect all trans or gender-variant people from discrimination in Ireland.
As far as I am concered it doesn’t matter if there are thousands or just one person. A law allowing people to have their true gender on legal documents is well over due.
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That argument about “just anyone can/will do it!” annoys the heck outa me. Seriously? First, one gender should not have more entitlements under social welfare than the other. Second, who cares? Will people randomly deciding to be legally the opposite gender have serious ramifications for people other than themselves? Unlikely.
Yet they’ll allow you to change the gender marker on a passport with a “Right you are.No bother at all.”
At least that was my experience at the Irish embassy here. I got the impression that locating the Club Goldgrains for the tea was a bit higher up on their action list.
CanuckJacq is spot on though. FF seem to think that being trans is some kind of elaborate dole scam.
Thanks for the comments CanuckJacq and Hangar Queen, I have read a few things that FF have apparently said and it does lead me to agree with you. I have to admit that that is something that never even crossed my mind and seem to be a low dig and an extremly important piece of legislation
According to Human Rights in Ireland blog, TENI contacted Dr. Foy’s (the individual at the centre of the case which the government were appealing to the Supreme Court) solicitors and they have heard nothing about the appeal being dropped! I wonder where the Examiner got its info. Presumably, the case would be dropped if there was legislation in the pipeline though because in his decision, the judge pointed out that the government was remiss in not having provided legislation on the issue so far. And the government even appealing the decision in the first place was moronic because if it was then appealed to the European Court of Human Rights, the court would in all likelihood find in Dr. Foy’s favour.
There’s more to this story than meets the eye.
Link to HRI blog post on this issue too: http://humanrightsinireland.wordpress.com/2009/11/30/gender-recognition-legislation-in-the-new-year/
There certainly is more to this than meets the eye
http://debates.oireachtas.ie/DDebate.aspx?F=DAL20091124.xml&Node=H11&Page=48
388. Deputy Joe Costello asked the Minister for Social and Family Affairs Information Zoom if, in view of the commitment in the revised programme for Government to legislate for transgender citizens right for their acquired gender to be recognised by the State, she now plans to discontinue its appeal in a case (details supplied) to the Supreme Court; and if she will make a statement on the matter. [42886/09]
Minister for Social and Family Affairs In the revised Programme the Government accepts the need to provide legal recognition for transsexuals in their acquired gender. I will be moving to progress this matter in the immediate future. The means by which legal recognition will be effected may include legislation and in any event will require careful consideration and consultation.
I was chatting to a mate of mine and he was saying that one of the arguments against this is that known terrorists will change their genders so that they will be undetectable by the FBI and whoever else chases terrorists.
I mean really??!!?
This is an argument? Please, next it’ll be “no plastic surgery for anyone, oh and we’re reconsidering hair dye”
Acknowledging a person’s true sexuality is about more that what they look like, it’s about who they are. It’s a matter of valuing the person.
The government very happily treats trans people equally when it comes to taking their taxes.