Policy Breakthroughs in 2018

2018 was a turbulent year for our community.

We faced challenges from the invigorated far-right but we also saw progress all over the world. It has felt discouraging at points to see a backlash in society after the ‘Trans Tipping Point’ in 2015. Yet we still saw incredible wins in a number of areas. When many loud voices in the media are shouting you down it can be easy to lose sight of the gains we have made as a community. So we’re leaving the negativity in 2018 and going into 2019 looking back at 3 breakthroughs in policy around the world  in the last 12 months:

  1. The Scottish GRA Consultation

Skimming over the media coverage surrounding the Gender Recognition Act Consultation in England and Wales, we’re going to focus on the results from the Scottish equivalent that were released in September. The Scottish Consultation looked at many of the same issues as Westminster’s such as making the process of legal recognition less bureaucratic, lowering the age limit for applications and making the process inclusive of non-binary people. But it was held a few months earlier, closing in March 2018. We haven’t received a detailed report on the consultation but the Scottish Government have released a very encouraging letter with a preliminary evaluation of the responses. Excitingly, a majority of respondents agreed with the Scottish Government’s proposals to demedicalise the process of legal recognition. There was also majority support to lower the age limit so young people aged 16 and 17 can change the gender marker on their birth certificate. Finally, almost two thirds of people were on board with the introduction of legal recognition for non-binary people!

2. The Transgender Persons (Protection of Rights) Act

Pakistan passed one of the world’s most progressive pieces of legislation relating to trans rights in May. The trans community in Pakistan faces severe levels of discrimination with many people struggling to find employment. The government had previously brought in legal recognition of the khawaja sira, a gender-diverse community who have been part of South Asian society for centuries, with the introduction of an additional sex/gender marker on official documentation. The 2018 Act allows any trans person to not only self-identify under the additional gender marker, but also to self-identify as any gender. It has also established safe houses for trans people and created provisions for physical and mental healthcare for the community.

3. Non-Binary Recognition in the USA

In the face of the Trump administration’s attempted rollback of trans rights, there have been many positive policy changes at state level in the USA. People in Washington, Oregon, Maine, Arkansas and Colorado can now apply for identification documents that recognise people outside of the gender binary. Similar policies will be introduced in Massachusetts and California in 2019. At a federal level, Dana Zzym who brought a case against the Colorado State Government for its refusal to issue a driving license without an M or F marker, won a case against the US State Department with the judge ruling that the department’s refusal to issue a passport a passport without an M or F marker exceeded its authority.

In addition to the above progress in policy seen around the world, we’ve also seen a leap forward in trans representation in the media with trans characters in Supergirl and Emmerdale and the release of Pose featuring 50 trans characters, with the largest cast of trans actors for a TV series and a trans producer!

Our community has continued to see amazing progress in terms of policies, media and culture. We are supported by hundreds of thousands of allies around the world. If you look at all the ground we’ve gained over the last 12 months, there is a lot to be proud of and we can be hopeful looking forward to 2019.

From all of us at Gendered Intelligence, Happy Holidays and a Happy New Year!

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New guidance for LGBTQI fans at the World Cup

New guidance for LGBTQI+ fans travelling to the World Cup in Russia

In the next few weeks, the 2018 FIFA World Cup will be held in Russia. Fans travelling to Russia for the World Cup can find guidance specifically for LGBTQI+ people in the Football Supporters’ Federation’s Free Lions Guide. The guide is a collaboration between FSF, the FA and the Foreign and Commonwealth Office. A number of LGBTQI+ organisations, including Gendered Intelligence, were consulted on the content of the guide.

To assess the risks for travelling to Russia for the World Cup, it is useful to know more about the situation for LGBTQI+ people there.

Five years ago the LGBT propaganda law was passed which prohibits the promotion of “non-traditional” values to children. The bill is purposefully vague and its use is highly unstandardised. At its extreme, it could be used to effectively ban the queer rights movement and any expression of queer identity in public. There are also no anti-discrimination laws or specifics protections for the community so while being LGBTQI+ isn’t criminalised and people aren’t persecuted against in the vast majority of the country, life can be extremely difficult.

The understanding of what “non-traditional” could mean is crucial for understanding the impact of these laws and policies on people’s lives. For example, there are mechanisms for trans people to change their names, however, if a trans man wanted to change his name to one regarded as “traditionally masculine” there would be a slim chance of his attempts being successful. Whether or not he succeeded would be determined by the officials overseeing the procedure and be subject to their views. Likewise, applications to change one’s legal gender vary depending on the court overseeing the case. To change one’s gender, a medical diagnosis of “transexualism” is required but this is also one of the “mental disorders” that can be used to deny someone a driver’s license. For non-binary people, there is no form of recognition available outside of the gender binary.

In addition to the issues at the state level, the mainstream view of the general public is much more hostile to the community than in the West. However, this does vary considerably by region and thus, so do the experiences of LGBTQI+ people from different parts of the Federation. St Petersburg is the most liberal city in Russia and there are LGBTQI+ venues, although like in the West, most are aimed are cis gay men. On the other hand, the situation in the North Caucasus and Chechnya in particular is completely different.

While the Chechen government’s persecution against (perceived) gay cis men has been well documented, it has affected people of all gender and sexual minorities. Trans women have been subject to similar levels of violence as gay men. From the society’s perspective, they are seen as one and the same and denied their womanhood. As is normal around the globe, their stories have received much less coverage in the media. Queer cis women have also been targets of violence and persecution, however this is much more likely to come from within their own family in the form of honour-based violence rather than from the authorities. This is a different experience to most gay men and trans women who have been targeted more heavily by the regional government. There is no readily available information concerning the experiences of trans men and non-binary people.

As always, trans voices are going unheard and there is a danger that the experiences of trans people in Russia, and the hardships they face, will be forgotten amid the excitement of the World Cup. Instead there must be continued pressure on the Russian government to lift the propaganda law and properly investigate the atrocities perpetrated in Chechnya. While interest from the general public has waned, there is ongoing effort to change the situation such as lobbying from Amnesty International and work to support and evacuate LGBTQI+ people from Chechnya by ILGA-Europe and the Russian LGBT Network.

All those attending a game in Russia will receive a copy of the FSF’s Free Lions Guide guide with their tickets and it is also available here.

To see the latest update from Amnesty International on the Chechen Purge click here.

To support ILGA-Europe or the Russian LGBT Network click here or here.

FA Guide to Including Trans People in Football

Including Trans People in Football – new FA guidance

Over the past year we have worked closely with the Football Association on their new guide to including trans people in football – and we’re delighted to announce that it’s now available online.

The new guidance is based on the FA’s core ethos that ‘Football is for everyone’.

The guide covers:

  • Terminology
  • Laws that protect trans people
  • How to tackle discrimination at your club
  • Making positive steps towards inclusion
  • Issues around ‘fairness of competition’
  • Supporting trans people as managers, players, supporters and other football roles
  • Testimonies from trans people who play, watch and coach football

To accompany the guidance, Gendered Intelligence has produced a short film about trans people playing football. We hope the video will lead to greater understanding for people who play football and are involved in football at semi-professional and grass-roots levels.

This video is about showing you that trans people play football too and we want you to include us in the beautiful game – Jen Kitney, Trans People in Football (film)

Watch the film: