30.Submission from F[56]
1. I refer to the call for evidence on the
recent, though long overdue, proposals in the Government's Draft
Gender Recognition Bill to legislate in the near future to give
transsexual people their rights under the European Convention
on Human Rights. I would like to take the opportunity in this
individual submission to raise a few personal points for your
consideration on this matter, elaborating a little on those I
previously raised in my letter to Rosie Winterton MP of 7 April
2003 (as was copied to Press for Change).
2. I would also wish at the same time to
register my personal intention to apply for legal recognition
and thus correct my birth certificate at the earliest instance
under the initial six-month fast-tracking procedure (having had
my gender reassignment in 1996), and thereby assist in advancing
your process of "data collection" on likely candidates.
3. Before I go any further, it may help
to provide a little context and background on my personal situation.
I was born in 1972, before studying at university, graduating
with my Degree, Diploma and Masters Degree, since when I have
been employed at a senior level in local government. I made my
"change over" in role to my true self during my year
out between my university degree and diploma courses, and having
been on the NHS gender dysphoria programme I underwent my gender
reassignment corrective surgery in 1996 (part funded by my home
health authority).
4. Despite considering myself to be pretty
convincing and natural, as well as reasonably successful, like
many transsexuals I have suffered my (un)fair share of indignities!
Further to the comments in recent statements related to the draft
Gender Recognition Bill, a few of these issues I would wish to
draw to your consideration for further thought in enabling those
like myself to live our lives with the minimum of unnecessary
hassle and hurt.
5. My first episode, and getting to arguably
the crux of the matter, has regard to the crucial inability to
be able to amend my birth certificate to reflect my real self,
whilst also highlighting issues with regard to participation in
sport. I have always been a keen sportsperson, having represented
my schools and university regularly in a range of sporting pursuits.
Given my love of sport I have naturally wished to maintain my
leisure interests. I joined my local women's football club in
1997 and gradually established myself as a key member of the first
team squad, although I was not always a first choice for the team
in every match. The following season I was on the substitute's
bench for one particular game having been dropped from the team,
but was brought on as a second half substitute—we went on
to win, with me scoring two goals (my first of that season, and
one of which was a complete fluke) and setting up another. However,
that evening I received a call from a senior team mate wishing
to come round for a chat, upon which she informed me that the
opposition had made an official complaint to the league that they
thought we had a transsexual playing for our team and that I'd
changed the course of the game, and furthermore that they were
considering going to the local press! Though pretty quick I was
by no means the best or most skilful player (as inferred by me
only being on the substitutes' bench for that game), and at 5'
7" tall and about 10 stone 71b I was often smaller than girls
on the opposition teams so would regularly receive my fair share
of hard challenges during the course of a game! I felt it was
just a case of sour grapes in that they'd lost, but nevertheless
I eventually confided in her and told the truth, on the premise
that nothing was said to the press. She also informed me that,
unbeknown to me, there had been some rumours circulating about
me in some corners for a while. It was subsequently requested
that if I wished to continue playing I should present the Women's
FA with proof of my birth certificate, and this just for playing
sport purely for enjoyment at an informal and amateur level! Ridiculous
as it may be, of course that I couldn't do, so I was left with
no choice in the matter but to take the hurtful decision to stop
playing for a while, citing to other team mates the fact that
I was, as it happened, moving house and changing jobs the following
week as an excuse for not having the time to train and keep playing
for the time being. Ironically perhaps, the new house I was buying
is only a short walk from the team's home pitches, but I do sometimes
go to watch and support the team play (and often get asked by
others in the team if I'm going to play again!), whilst also to
maintain a presence in the hope that at some point I will have
the opportunity to rejoin the club and continue to fulfil my enjoyment
of playing the game.
6. Essentially, my argument here is that,
whilst understanding the implications at higher and professional
levels, surely it is an infringement of my human rights to be
prevented from engaging and competing in sports when played at
such non-professional levels. I therefore believe that it is essential
that the forthcoming Act fully clarifies the legal situation as
regards the freedom for participation of people like myself in
all fields of the sporting arena. The inability to be to be able
to have my birth certificate amended to properly register my corrected
identity has clearly hindered my sporting participation over recent
years, particularly where, in my instance, I was never the best,
fastest or strongest player on the pitch! In the meantime I have
resorted to keeping fit and healthy primarily through running
and going to the gym (when not injured as at present!), and whilst
I cannot apparently for the same reasons compete professionally
for any athletics club (on the evidence of a case at the recent
World Veterans Athletics Championships in Gateshead) I do at least
have the freedom to enter many informal open races—including
having completed several half marathons, raising much funds for
charity in the process, plus this year I successfully ran the
London Marathon!
7. My second point has to do with matters
of National Insurance numbers seemingly revealing aspects of my
past identity. Despite assurances that NI numbers do not reveal
sexual identities my experience has been to the contrary. Before
I started work after finishing university I was "signing
on" and claiming benefits for a short period of time. However,
on several occasions when visiting the job centre I suffered the
indignity of staff clearly having found out my personal details
on having had to see a senior colleague for access to supposedly
protected records! I would therefore urge you to ensure that all
such personal records are properly amended and treated so as not
to reveal any details of past identities. This will also be a
key aspect in the proposed Register to be kept by Government.
8. Thirdly, I should like to draw your attention
to a recent police incident that I have been involved in. I was
recently the victim of a knife attack in a local nightclub, though
fortunately I was unscathed having somehow managed to prevent
her from physically harming me. Whilst not wishing to go into
the somewhat complicated details of the case, as it happens it
was by a jealous pre-op transsexual, and formerly a good friend
too! The police arrested her at the scene and whilst their treatment
and attitude has generally been good to me, I did suffer some
minor though hurtful indignities of inconsiderate attitude. Firstly,
and despite my appearance, the officer driving me to the police
station to give evidence asked me if I was male or female! I can
only guess it may have been something to do with their having
already caught her and so become aware of her position, as well
as having been in a gay club where they encounter all sorts of
people—incidentally, I'd never actually been there before
as I'm not in the habit of visiting gay pubs and clubs, preferring
to avoid that scene and socialise instead with friends elsewhere.
Then during questioning and giving evidence I constantly had to
correct the officer from referring to the girl who'd attacked
me (and also occasionally to me) in terms of "he", "him"
and "his". This sort of lack of consideration from those
in authority on little aspects of our lives also has to be tackled
with urgency.
9. As regards the issue of corrected birth
certificates. I should like to also present here my comments and
questions on PFC's own consultation on this matter for your consideration.
I currently have a post-1969 (1995) format birth certificate and
short form certificate. However the main one is hand written in
a calligraphy style as opposed to being typed. Does this affect
the format of the new certificate at all, ie will they be typed
or handwritten or is there a choice? I am generally happy with
the general format of the post-1969 certificates, and as far as
I am concerned the only aspects that would need change are the
details relating to my first/second names (I have kept my birth
surname), sex (obviously!) and my NHS number. As regards the latter,
I note suggestions that this aspect should be omitted altogether
from the new certificates. However, would the omission of any
standard section such as this not cause questions to be asked
at some later stage? I understand that this section isn't included
post-1995, although for those of us born between 1969-95 if the
new style format is to be used only for transsexuals then surely
any differences from the norm for our birth date would effectively
identify us, thereby somewhat defeating the object of the exercise!
Are there other instances when a post-1995 style certificate excluding
the NHS no. box (which sounds as though it may be the ideal version)
may be retrospectively issued for people born between 1969-95?
Or if retaining the original style for our birth year, is there
any reason why our new NHS numbers cannot be cited instead and
still linked back to the original birth certificate number (if
that is indeed really required)? Does our new NHS number link
back to the original number in some form on the NHS records anyway;
if so then citing the new number will not totally cut any links
back to the original birth certificate number if this was required?
Are there other instances when people's NHS numbers are changed
that would mean that the inclusion of a different number to the
birth one would not be uncommon? Or can the NHS number box not
simply be left blank? Again, are there other instances where such
an omission would mean that we are not effectively identified?
All these issues need to be considered as part of the enactment
of the legislation.
10. Incidentally, I am aware of a friend
who runs a local support group who has recently had her birth
certificate already amended, I believe as a consequence of her
having been previously diagnosed with Kleinfelter's Syndrome.
Whilst doctors claimed there was nothing hormonally or chromosomally
wrong with me, I would suggest that the fact that I developed
breasts naturally at puberty (and suffered the hurtful consequences
from schoolmates!) was a clear indication of my transgendered
development from birth. Like myself, I'm sure all transsexuals
in this country could put forward cases for themselves to be treated
more favourably. So whilst there are now positive signs of progress
in putting forward the proposals in the draft Bill, the time taken
in progressing this change for the rest of us remains a matter
of concern and a barrier in our lives, and the sooner this is
rectified the better.
11. I hope this letter of evidence has helped
to put a few issues of personal concern into perspective for your
consideration, and I would urge you to progress the proposed Bill
through Parliament as soon as possible so that matters of amending
transsexuals' birth certificates can be progressed at the earliest
opportunity.
10 September 2003
56 The author of this memorandum provided their full
name and address but asked for them not to be published. Back
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