Welcome to our Public Beta Site - What does this mean?
Dublin: 12 °C Thursday 24 May, 2012

Column: ‘I know I’m a woman, and my gender should be recognised’

Image: CJ Sorg via Flickr

Last year, transgender woman Louise Hannon was awarded damages by the Equality Tribunal after being discriminated against at work. Here she describes how the fight for recognition is not over – and how proposed legislation introduces humiliating new hurdles.

AFTER ALMOST 15 years of legal struggle, Dr Lydia Foy is still not legally recognised by the Irish State and does not have a birth certificate with her proper gender. Neither do I – and there are many more of us. When will our time come?

The struggle for gender recognition has been a long one. In 1997, Dr Foy first set the legal wheels in motion. After a decade, in 2007, the High Court found that Ireland was in breach of the European Convention on Human Rights. In plain language, the High Court found that Ireland was infringing on the human rights of transgender people by not having a process to legally recognise their preferred gender.

Ireland is one of the last states in Europe to deny transgender people legal recognition. Clearly, Ireland needs to bring our laws up to date.

It’s now getting on for two years since the Fianna Fáil government set up the inter-departmental Gender Recognition Advisory Group (GRAG for short) in May 2010. The role of the GRAG was to advise the Minister on legislation required to provide for the legal recognition of trans people.

This was meant to start a short process whereby transgender people would finally be legally recognised in their proper gender by the Irish state. The previous government had dragged its feet since the European Court of Human Rights gave its judgement in 2002 in the case of Goodwin v Cornwall CC in the UK. But as we all know, this process of lawmaking is incredibly slow in Ireland – unless there is the Troika pushing the buttons of course.

Fast forward to July 2011 and the publication of the GRAG’s report and recommendations. Leading up to the publication there was great hope and anticipation. The GRAG had spent a year reviewing evidence, conducting research, and most importantly, consulting with trans people and organisations about what the legislation should look like. In total they took advice from 40 individuals and civil society groups. including the Equality Authority and Transgender Equality Network Ireland.

Despite all this work, the GRAG completely ignored this mountain of advice and copied the UK act almost verbatim – much to the chagrin of those of us who had hoped for some progressive legislation. It bears noting that when the UK Act passed in 2004 it was seen as quite progressive, but the world has moved on in seven years. Surprisingly, the GRAG committee didn’t seem to notice.

‘Can you imagine the uproar if 20 men sat discussing women’s issues without female input?’

There are a number of things wrong with the GRAG’s report and recommendations but I won’t bore you with most of them and will concentrate on three of the most significant issues.

Firstly there were no transgender people on this intergovernmental committee to advise on what was needed. Can you imagine the uproar if twenty men sat discussing women’s issues without any kind of female input? There would be uproar from the women of Ireland and rightly so.

Secondly, in order to be legally recognised the GRAG recommends that we must submit to a psychiatric assessment and be given a diagnosis of a mental disorder (officially known as ‘Gender Identity Disorder’). How would you feel if you applied for a passport and were told you needed to see a psychiatrist to make sure you were sane before being granted the right to go on holiday?

I have to chose between my proper birth certificate/legal recognition and accepting that I am suffering from a mental condition. I know I’m a woman and my gender should be recognised with a simple declaration. It’s that simple.

Thirdly, and I think most cruelly, there is a proposed requirement for trans people who are in existing marriages to divorce before they can be legally recognised. This means that people in loving relationships, sometimes with children, will need to divorce and split up their family in order to be given a new birth certificate. That is fundamentally unjust and puts families in an impossible position. This for me is a strange one given our insistence on protection of the family under the Irish constitution which states in Articles 41.2 and 3.1:

The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State.

The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.

Square that if you can with forced divorce for those who are transgender. It makes no sense.

For the sake of those families and their children affected there needs to be a way found to stop this happening, and I believe with common sense it can be done. The recommendations by the GRAG are just that – recommendations. We still have time to make sure that Ireland introduces gender recognition legislation that is progressive and inclusive.

Louise Hannon is a board member of TENI, which is asking for support and for people to contact them in the campaign for gender recognition and to secure the human rights of transgender people. You can contact TENI on 01 8733575 or office@teni.ie.

Read Next:

Comments (142 Comments)

  • Colm Flaherty 16/02/12 #
    Report this comment

    Ms. Hannon, I support your right to be treated and considered female, I don’t support doctoring your birth certificate. You may have been born the wrong sex, but you -were- born the wrong sex. To change your birth cert is to deny a reality.

    That shouldn’t have any bearing on your life today, and I would support any amendments or exceptions needed from any requirement of sex on your birth cert

    • S P Mc Grath 16/02/12 #
      Report this comment

      I agree

    • Rory McCann 16/02/12 #
      Report this comment

      How is sex and gender determined? Mental state? Or presence of a penis (or vagina)? What “makes you a man”? Is it that you can pee standing up? Is that all there is to is? How does a doctor who delivers the baby know what kind of person they will become? Why do they get to decide what sex the person is? Does a man who suffers testicular cancer and get his balls removed stop being a man? Do we take away the “M” on his passport? Does a woman who had a hysterectomy stop being a woman? Do we force her to use the gents loo now? No, these are silly example, and no sane person suggests them. Then why do we hold trans people to these special extra-strict rules?

    • Stadler Waldorf 16/02/12 #
      Report this comment

      Rory, sex is determined by presence of either XX or XY chromosomes. Nothing to do with having a penis or vagina. Your birth cert reflects your state at birth. By all means allow change of sex on passports after gender reassignment surgery.

    • Rory McCann 16/02/12 #
      Report this comment

      @Stadler sex is not determined by chromosones, but by hormones. I know a man (lived all his life as a man, wants to stay a man, not trans at all) who is XXY. He has 2 X Chromosones *and* a Y chromosones (It’s called Kilfiltner’s syndrome). There are XY people who are feminine in every way (though can’t have children), it’s called “androgyn insensitivity disorder”. There are loads of other intersex conditions out there. (NB: Intersex does not imply trans (and vice versa))

      Chromosones might sound like a simple solution that sounds like a nice easy “impartial” way to deny trans people rights, but nature and reality are complicated. We don’t give babies chromosone tests when they are born, and I’d say 99% of people don’t know what their chromsones are. Do you? Chromosones are not what society uses to decide gender & sex.

    • Stadler Waldorf 16/02/12 #
      Report this comment

      Pity you chose Klinefelter’s Syndrome as an example. It’s the presence of the Y chromosome that gives them male sex. As for Androgen Insensitivity Syndrome, that has to do with defective cell response to androgens. Surely you’re not using defectiveness as an argument here, given the context of the article?

    • Rory McCann 16/02/12 #
      Report this comment

      @Stadler Waldorf so it’s the Y chromosone that “makes a man”? What about CAIS? By your definition this ( http://en.wikipedia.org/wiki/File:Orchids01.JPG ) is a photograph of a group of men.

      This “biology” argument is nonsense.

  • Abi Dennis 16/02/12 #
    Report this comment

    how does that work when she needs a passport or if she needs to move abroad? documentation stating shes male when she goes through airport security?? thats a one way ticket to some form of alarm bells being raised! also what difference does her birth cert make to you or me? from a practical standpoint I have no issue with her birth cert having her gender as female, makes no difference to me and if it makes her life easier then why should i object?

    Also I wouldnt be too happy if my birth cert said I was male.

    • Diego Attley 16/02/12 #
      Report this comment

      But you were born female. It’s the name of the document not the I became transgender thirty years up the road certificate.

    • AlMar 16/02/12 #
      Report this comment

      The birth cert matters because we engage in a historical fiction if we amend it.

    • Jenn Byrne 16/02/12 #
      Report this comment

      @ Diego Attley. You don’t ‘become’ transgender. Do some reading. Educate youself.

    • Diego Attley 16/02/12 #
      Report this comment

      Yes you do. I think you need to educate yourself.

    • Andrew 16/02/12 #
      Report this comment

      How does this “historical revision” of the birth certificate have any affect on anyone other than the individual, their family and friends?

    • Peter Van Dolen 16/02/12 #
      Report this comment

      Guys, ‘historical fiction’? really? and how is this historical fiction in any way relevant to anyone other than the person who is confronted with funny looks and double takes every time they have to provide it? Historical fiction does not apply here, it’s not some kind of genocide revision. Does the fact that this is such a complicated issue (see the above discussion about assigning sex (p.s. I think medical doctors use a sort of scale based on hormones, chromosomes, external and internal organs, etc.)) not make you think twice when you write that?

      If you care so much about a birth document perpetuating a binary classification that has no necessary bearing on the individual, don’t call it gender, or sex, or even ‘born with penis/vagina’; go for uuhm born AM/PM, or cried a lot/ a little. It’s just as relevant when you think about it.

    • Jeff Kennedy 16/02/12 #
      Report this comment

      @Andrew I think a birth cert states sex at time of birth not gender identity ,but I can only really think of one reason for anyone to care if anyone changes the official records as far as sex and that is disclosure before marriage as that would affect someone elses fundamental beliefs ?

  • Conor O'Shea 16/02/12 #
    Report this comment

    I do agree with the 2 prev comments , and after reading the article I’m not surprised that members of the Irish gov or any panel they set up to make recommendations ate not forward thinking. I feel it could be another 10 years or possibly more before any great change is to happen. And not just on this subject but across the board, it goes back to the same ppl with the same attitudes and approaches representing us. New people new ideas new approach

  • Cyril Butler 16/02/12 #
    Report this comment

    I support everything she said. I dont feel the need to tell others what sex they should be. My limited understanding of transgendered people is that they do feel better in their new gender. They often go to extreme lengths to get there. The law should recognise their reassigned gender. It doesnt affect anyone else in any way so why should society object.

  • Report this comment

    Thank you Louise for the amazing work you are doing in creating awareness of the injustices that members of the transgender community face in Ireland. Your courage and dedication is deeply inspiring and gives hope to those who are just beginning their journey to self acceptance and becoming the person they were always meant to be. Our gender is imposed on us by society -growing up I wanted to play with transformers and play soccer but I always was made to feel this was wrong. Then as a teenager I wanted to be with girls instead of boys and again I was told this was wrong. How dare we impose so many restrictions on each other?
    We only have one life, so live it, do what you have to do to reach your full potential as a human being and don’t let anything or anyone stand in the way.

    Finally, Louise, you make proud to be a woman!

    Keep up the great work and you have my full support!

    DIX

  • Gill Traynor 16/02/12 #
    Report this comment

    great to see the facts written in black and white. Unfort it’s yet another case of the government failing to award people the legal recognition that they deserve, crave and need to feel apart of society. how are the children of today meant to grow up as accepting, caring, loving individuals if all people when our Government isn’t leading by example.

    2nd class citizen, 1st class tax payer!

  • Ciaro 16/02/12 #
    Report this comment

    I personally find this very strange, having said that everyone has the right to be whoever or whatever they feel they should be.
    I do agree that your birth cert should reflect your birth gender.

    • Rory McCann 16/02/12 #
      Report this comment

      What is “birth gender”? How far out it sticks? Someone who lives as a woman full time for years should have a M marker follow them around for years because they were an outie?

    • Jenn Byrne 16/02/12 #
      Report this comment

      Firstly gender and sex are two different things.
      Secondly you might feel different had you been born in the wrong body. You are coming from a perspective were you are not trans* (or so I assume from your comment). This leads to a complacency. You don’t need to change the governments perception of your sex so you don’t see the problem. If you felt like you were in the wrong body, had society be prejudiced against you and ultimately had one of your most fundamental documents contradict something you’ve been trying to fix since your youth, you might feel differently. How easy is it to get a passport etc without a birth certificate? What honest difference does it make to you or I if a trans* individual’s birth cert does not have the M or F that they were assigned at birth? Would it affect you? Because it affects the mental security and dignity of that individual. What right do we have to dictate that for others? It has been dictated to trans* individuals from birth. What Louise Hannon is doing here is saying “You were wrong at my birth, you can make up for it now. You can start to make up for all this torture and societal pressure now”. It is very straight-forward. If you try to see past your own comfort in your gender.

    • mollydot 16/02/12 #
      Report this comment

      How about your birth surname and parents’ martial status? We allow those to be changed:

      For births on or after 5 December 2005, parents who marry each other after the birth may re-register the birth to reflect their marital status, and may change the child’s surname.
      http://www.irish-certificates.ie/info/register-a-birth.html

      We even allow the parents to be changed on a legally equivalent cert:

      When an Adoption Order is made, a new birth certificate can be obtained for the child. Although it is not an actual birth certificate, it has the status of one for legal purposes. It gives the date of the Adoption Order and the names and addresses of the adoptive parents and is similar in all aspects to a birth certificate.
      http://www.citizensinformation.ie/en/birth_family_relationships/adoption_and_fostering/adopting_a_child.html

      It’s so equivalent that citizensinformation.ie calls it a birth cert in some places:

      A new birth certificate is issued for you in the name of your adoptive family
      http://www.citizensinformation.ie/en/birth_family_relationships/adoption_and_fostering/tracing_your_birth_family.html

  • Jeremy Bowman 16/02/12 #
    Report this comment

    The idea that people shouldn’t need to get divorced before changing their sex — let alone having it legally recognized — strikes me as unjust and ludicrous. What about the damage done to the people they are married to?

    The simple honest fact is that being “transgendered” is a disorder, and while we should do everything reasonable to alleviate the disorder (by facilitating and subsidising surgery, etc.) in general disorders involve some inconvenience, and they involve other people. That’s life.

    I don’t doubt most of the “transgendered” are decent, reasonable people, but this article’s self-serving attitude does them no favours.

    • Jenn Byrne 16/02/12 #
      Report this comment

      Your post is based on the presumption that transgender (not transgendered) individuals cannot have happy,loving relationships. You are showing your own ignorance. So should a happily married couple in which both parties are happy and okay with the individuals identity be forced to split up just because YOU can’t imagine that they can be happy? Cos’ you know that’s kinda ‘unjust and ludicrous’.

    • Rory McCann 16/02/12 #
      Report this comment

      “The idea that people shouldn’t need to get divorced before changing their sex — let alone having it legally recognized — strikes me as unjust and ludicrous”

      Yep. I think the gov did it to avoid any potential “gay marriage” thing. If they let it be possible for a man and man to be married, then they might have legalised same sex marriage. That might be challenged in the courts. So they side stepped it.

    • Andrew 16/02/12 #
      Report this comment

      +1 to Jenn’s comment.

      I’d also like to add that it assumes there was damage done, and assumes that these fictional two people discussing their own business *didn’t* come to an understanding between each other as mature and understanding adults. But really we’re just discussing a hypothetical couple and how terrible it is on them, when here in reality we have actual people being denied their actual rights.

    • mollydot 16/02/12 #
      Report this comment

      Saying you don’t have to get divorced is not the same as saying you can’t get divorced. If their spouse isn’t happy with it, divorce would still be an option.

      I know of a couple in the UK who divorced to get the paperwork done, then had a civil union a week later, as they were still a committed couple. What if one of them had died during that week?

    • Louise Hannon 16/02/12 #
      Report this comment

      It might strike you as strange but the couples I’m referring to that I know do not want to have to divorce… They wish to remain as couples and families rearing their children like any other couple. However where one transitions with the full consent of the other they are being forced under this proposed legislation to choose between legal recognition with divorce. or staying together and no legal recognition.. A choice no one should have to make.

  • Alanna Kelly 16/02/12 #
    Report this comment

    Before the inevitable abuse starts -Great article Louise – straightforward and to the point!

    I’ll never forget sitting in the room last year and listening to Oliver Ryan (I think.that was his name) and Joan Burton basically say “We listened to ye, and concede all your points are valid and intelligent but we are doing things our own way.”

    I lost what little faith I had left in this country’s political and justice system there.

    @Jeremy – Please don’t accuse people you don’t even know or know anything about of being disordered. Also why should people in loving relationships be forced to divorce or dissolve their civil partnerships before getting a stupid piece of paper?

    • Nialllateshow 16/02/12 #
      Report this comment

      It is a disorder . What’s the definition of the word . Let’s have the debate but get rid of this political correctness . I agree with the all the points made in relation to birth certificates etc and it makes no difference to anybody else what is legally allowed but to suggest its not a disorder is the most ridiculous argument ever . It is against the natural order !

    • Andrew 16/02/12 #
      Report this comment

      Niall, I appreciate that in a sense it can be considered a ‘disorder’, in that things are working in an unusual way, but to say that’s against “the natural order” is both offensive and presumptuous of you. Unless you have the blueprint there somewhere I don’t think you have any right to declare what is ‘natural’.

    • Rory McCann 16/02/12 #
      Report this comment

      “Disorder”?! Is homosexuality a disorder? (It used to be considered as such). What about those suffragettes who want to let women vote? I remember watching “The Tudors” and King Henry VIII put down a rebellion in the north and complained of upstart peasants revolting against the natural order of feudal obedience to their leige lord. Are these things disorders now? No. Likewise trans stuff isn’t.

    • Nialllateshow 16/02/12 #
      Report this comment

      What gives you the right to tell me that i dont have the right to an opinion . The words ” natural ” and ” part of the english language . The majority of men and women in this world are happy with the sex they were born and have no desire to change . So it would be fair in the english language to say that would be the norm or the natural way of thinking .
      Some are not happy and whoppie do im delighted for them to and if thats what they want , well good for them too but to suggest its normal and natural to want to change what is obviously a disorder as diagnosed by many researchers is the most bizarre notion. You political correct promoters drive me insane . Just becuase you have a view does not mean you are right .

      btw ill be discussing it tonight at 9pm on the Late Show on classic Hits 4fm . So why not come on with your insulting views and we can talk about it .

    • Alanna Kelly 16/02/12 #
      Report this comment

      I go to work everyday, I walk past you in the street, I drive my on car the roads (oh dear – a disordered person in control of a vehicle capable of 200kph!!), I sit next to you on the bus or train, I do business with you everyday, I go to the supermarket and buy food, I am in a stable relationship, I go to the park, I pay tax to this state that does not recognize me, I am fairly happy with life and yet you have the cheek consider me disordered!!!

      I’m not afraid. I don’t care if the whole universe sees this post, the picture is me, that is my real name.

      It wouldn’t take much to figure out where I live these days – I don’t care, bring your torches and pitchforks if you must. I’m not scared and passive and will not stand by and do nothing.

    • Nialllateshow 17/02/12 #
      Report this comment

      @Alanna , i never suggested the person was disordered , When you born with asthma , it’s a disorder . When you are born with jaundice, it’s a disorder. The word is simple English for something different ot the norm. You are all so over sensitive it’s unbelievable.
      That fact that something is wrong when your born does not mean it cant be fixed by the medical profession. I didn’t use the word disordered so , get over yourself and your over sensitivity .
      And no Gay people are not unnatural and whoever mentioned that needs to rethink and reread what i say . Gay people have looked for evidence for years to prove that the homosexuality was in the genes but that evidence is questionable and still not conclusive. The reason many Gay people want that proof is to satisfy themselves in some way but that does not take away from the fact that homosexuality is a fact of life and just something you are born with and are usually happy with .
      Transgenders once again look to the medical profession and much of the research shows that it may be genetic and it happens in the womb. So the fact is that a transgender is born with the condition that makes them trapped in the wrong body although some experts disagree with that notion. If we agree its true, then its safe to say that when this happens its not in the order of the way births normally happen. So to use the correct English its a disorder at birth, that thankfully can be corrected later in life . Now what the hell is wrong with that and why are you so sensitive about the issue. I was born with alopecia and i accept that is a disorder unless everybody else has it too. It’s the way i was born!

    • Nialllateshow 17/02/12 #
      Report this comment

      actually doen any research at all ! You really annoyed me . Try looking up the qualified definition .. Here it is in case your are too sensitive to look it up

      Gender identity disorder (GID) is the formal diagnosis used by psychologists and physicians to describe persons who experience significant gender dysphoria (discontent with their biological sex and/or the gender they were assigned at birth). It describes the symptoms related to transsexualism, as well as less severe manifestations of gender dysphoria. GID is classified as a medical disorder by the ICD-10 CM[1] and by the DSM-IV TR.[2] It is likely that the new version of the DSM will replace this category with “Gender Dysphoria.”[3] Some authorities do not classify gender dysphoria as a mental illness, including the NHS which describes it as “a condition for which medical treatment is appropriate in some cases.”

      OMG they used the word Disorder .. Shocking !

    • Alanna Kelly 17/02/12 #
      Report this comment

      Niall – The point is that, at least officially, that what is called “gender identity disorder” by the medical proffession is defined in the DSM-IV and ICD-10 as a mental illness. That is where I have the problem.
      Asthma, jaundice and aloplecia are all medical conditions requiring intervention. I don’t have a problem with a sensible medical definition of the problem. I have a problem with it being defined as a mental illness and that being enshrined in legislation – which I think was one of the points Louise was getting at in the article.

  • Jeremy Bowman 16/02/12 #
    Report this comment

    Why should the re-writing of history stop at the transgendered person’s birth certificate? Shouldn’t the transgendered person’s children’s birth certificates also be doctored to say they are the offspring of two people of the same sex? And while we’re at it, why should we only re-write history when we could re-write biology textbooks as well?

    The self-indulgence, and the contempt for truth and honesty is breathtaking.

    • Deirdre O'Byrne 17/02/12 #
      Report this comment

      First of all, a birth cert isn’t (just) a historical document – it is also a document of ongoing current identity (eg when it is used to get a passport). Second, in the case of transgender and some intersex people, it contains an error. Intersex people (eg those born with ambiguous genitals) are also caught up in this – some of them, too, are assigned the wrong gender at birth. Why should they be made live a life in the wrong gender, just as you seem to want see happen for transgender people?

      As for rewriting biology textbooks – that is already happening. Science is like that – scientific progress means that biology (and other) textbooks are constantly being re-written. And the science of gender is, relatively speaking, in its infancy.

  • David McDermott 16/02/12 #
    Report this comment

    Seriously if a transgendered person wants their birth cert changed whats the big deal. If the cert is changed the person can live the rest of their lives happy being legally recognized as that gender. And to the people giving nasty comment saying this shouldn’t be done, cop on. How would this affect you in the slightest. You’s are just serious bigots. Who are you to interfere in someone’s life. As the article says Ireland is far behind everyone in Europe in relation to this. Let them change the birth certs. Nobody is ‘denying history’. I think the most important person in all this would not forget they were born a particular gender and spent many hard years trying to rectify that. Grow up and stop pretending your anything more than mean hearted bigots!!

    • Diego Attley 16/02/12 #
      Report this comment

      How is it bigotry? It’s just common sense. Would you agree if the next thing she wanted to do was alter her children’s birth certs to reflect her transgender?
      The theme tune to PC world comes to mind.

    • David McDermott 16/02/12 #
      Report this comment

      Why would she change her children’s birth cert? She wants to change her own cert not anyone else’s. There is no need to change the child’s birth cert she only wants her gender recognized. Why you so against it. How does it affect you. So if we change the birth cert to say female instead of male armageddon will happen??? Grow up and get a life.

    • Rory McCann 16/02/12 #
      Report this comment

      “Common sense”? Not to me. It is bigotry, because the idea of her not being able to change her birth cert puts pressure and discrimination on her that cisgendered people don’t suffer. You’re make one minority suffer.

    • Diego Attley 16/02/12 #
      Report this comment

      It’s a record of something that happened and should be reflected accurately as such. I really don’t care what she does in her life. If she’s happy with how she is, fair enough. I only said that about changing her childrens birth cert to make a point of where will it end, that’s all.

    • Kieran Mac Court 16/02/12 #
      Report this comment

      Forget it Diego. It seems David is wondering why do you have an opinion at all, never mind voicing it in public? The argument here is you are a bigot, grow up, get a life, you are mean minded, you probably kick little puppies up the hole and vote FF too.
      You’re wasting your time with someone who’s arguments can only amount to the above abuse.
      So, David, how about you refute Diego’s points without all the nastiness? Or is that the only ability you have to defend your points?

    • Rory McCann 16/02/12 #
      Report this comment

      @Diego “Where will it end?” What does that mean? This is like when crazy people think if you give women the vote you should give cows the vote, or if you let 2 men get married, people will marry dogs. You’re bringing up straw man arguments, talking about things (children’s birth certs) that no-one else is bringing up or suggesting.

      Where will it end? When people of all genders have equal rights and people are allowed express their gender identity.

    • David McDermott 16/02/12 #
      Report this comment

      Kieran don’t be putting words in my mouth. I believe in free speech but doesn’t mean I have to agree. My point is why would he want to deny a person something that would increase their quality of life and help them in their journey in transitioning when it clearly wouldn’t affect him in the slightest. I’m sick of these arguments where people say we can’t let people do this and that coz x y and z will happen. To me it’s an excuse to deny people what they should be able to do.

    • Diego Attley 16/02/12 #
      Report this comment

      I think is a very valid point to make. I’m not making any comment on the sexuality or gender of the person themselves, I’m just suggesting that we shouldn’t change recorded fact because it suits somebody. And Rory please explain how having your gender at birth noted for want it actually is (like every other human being on the planet) unequal?

    • Kieran Mac Court 16/02/12 #
      Report this comment

      Ok, you didn’t accuse ppl of booting puppies and voting FF, but you did write the rest of it.
      But in your last post, you just argued the points on their merits.
      That’s my point. I don’t think mist people here are mean or bigoted or not grown up. Just opinionated, and there ought to be more than one opinion voiced here – which, thankfully, there is

    • David McDermott 16/02/12 #
      Report this comment

      There are many mean and bigoted people on here, they usually surface when there is any article about LGBT issues. With this issue I don’t see a big deal with changing the male to female on a birth cert. there are so many things in life that require you to submit your birth cert that it would make it impossible for a trans person to fully feel accepted and integrated in their new gender. Why people would want to deny people of a minority certain things is beyond me. Birth cert isn’t some divine document, it’s a piece of paper!!

    • Charles Farrelly 16/02/12 #
      Report this comment

      Records of historical fact are SUCH bigots

  • Brian Ó Dálaigh 16/02/12 #
    Report this comment

    while I agree that transgendered, and, well, everyone should have equal rights before the law, including when it comes to marriage and adoption, I disagree with changing the birth cert. Your birth cert does NOT indicate your gender. It indicates your sex at time of birth. There is no space on your birth cert for gender so how something that’s not there could be changed is beyond me.

    • Rory McCann 16/02/12 #
      Report this comment

      Although I agree with you about the sex/gender disctinction, there is not a commonly held belief in this culture. Lots of people think that sex = gender. It is a bit strange how sometimes people stick with the ‘sex = gender = male or female’, but when it comes to trans rights suddenly discover that whole rainbow of queer gender expression. When the rest of society grows up about gender then we can start talking like this about birth certs. Until then, we should let people change their birth certs.

    • Brian Ó Dálaigh 16/02/12 #
      Report this comment

      So because some people in our culture do not understand certain words we now have to change the meaning of the English language?

    • Deirdre O'Byrne 17/02/12 #
      Report this comment

      First, the birth cert does not record your sex at birth – it records what the doctor thought your sex was. And the doctor not only gets it wrong with trans people – there are also intersex conditions that make the determination not much more than a guess.

      Second, your sex at birth becomes your legal gender. And, since your birth cert is a document you sometimes have to use throughout your life, it becomes your legal gender FOR LIFE.

      We don’t have to change the english language – we have to clarify the english language. In the mean time, we either scrap the birth cert system for all of our citizens and replace it with something else, or we adopt the current system so that it accommodates the inevitable errors doctors will make.

  • AlMar 16/02/12 #
    Report this comment

    I always find it ridiculous when people argue that we are behind Europe or that we need to follow in their steps.

    Most parents try to educate their children to stand on their own two feet and not to yield to peer pressure. Yet as adults we happily yield to peer pressure from other countries or cravenly want to model ourselves on them.

    If you want to change the law argue for that change. Don’t go appealing to the peer pressure argument – if we’d followed that approach 70 years ago we’d have been persecuting Jews and the disabled because other Europeans were at it.

  • lalonde 16/02/12 #
    Report this comment

    A lot of people are claiming about historical documents and “facts at the time of birth”. What the hell? Why does having a penis make you “male” forever? Why should that follow people around? This isn’t some sort of propaganda thing where we’re whitewashing history. This is someone’s life. This is a common (and wrong and hateful) meme that trans people are ‘fake’ and ‘deceptive’ and ‘not really a man/woman’ and ‘not as much of a man/woman as I’.

    • Brian Ó Dálaigh 16/02/12 #
      Report this comment

      Well because, Louise, whether she likes it or not, is still biologically male. Her gender may be female, and I think she has every right to be recognised as such, including on her passport and any current document she has, but the fact remains that she was born male. At the end of the day, her birth cert is for her eyes only. It’s not as if we all go round flashing our birth certs and proclaiming, “hey, I’m male/female and I can prove it”.

    • mollydot 16/02/12 #
      Report this comment

      “her birth cert is for her eyes only. It’s not as if we all go round flashing our birth certs”

      Except for buying property, getting married/civilised/separated/divorced, applying for a passport, communion/confirmation, applying for certain benefits, opening a bank account, adopting, registering for college, …

    • Brian Ó Dálaigh 16/02/12 #
      Report this comment

      @ Mollydot, In my ideal solution the birth cert would be of no consequence when “buying property, getting married/civilised/separated/divorced, applying for a passport, communion/confirmation, applying for certain benefits, opening a bank account, adopting, registering for college,…” In the cases you mentioned, then the sex of a person at birth should not be relevant. Instead, the gender of the person in question at the given time is what should be considered. As far as I am concerned, the author of the article above, Louise, is a woman. She acts like a woman, feels like a woman, works as a woman, associates as a woman, etc., etc. And she, along with every woman in Ireland, should be afforded every right and responsibility that all in Ireland are afforded. What is mentioned on the birth cert should not affect any other aspect of your life. She should have a passport stamped F for female. Every dealing with the state should state she is female, because that is what she is. Her birth cert, however, should not be altered. Instead, society should grow up and understand that people’s genders do not necessarily reflect their sex upon birth. A birth cert is a snapshot in time, and, in my opinion, should be preserved, but not used to determine how a person can, or should, live their life.

    • mollydot 16/02/12 #
      Report this comment

      I see where you’re coming from–I used to think the same, but we do change it for other things, such as parents marrying after birth (marital status and optionally surname).

      And you could consider this a correction – she was female, it’s just that no one knew. We can currently correct for things like paternity, if it wasn’t known at the time, as well as clerical errors.

      I agree with you that the assumed sex at birth shouldn’t affect the things that birth certs get used for, or determine how people live their lives. But the currently you do have to show it for various things, and that can be emotionally very painful for trans people. Perhaps a legally equivalent cert, like for adoption, would be a compromise, though it would still be outing people as trans. Ideally, that wouldn’t matter, but currently it does. And as trans people are at a greater risk of violence than cis, it’s not a side effect that can just be dismissed.

  • Rossa Graham 16/02/12 #
    Report this comment

    Everyone wants everything the way that think it should be. I no longer am a member of the catholic church yet my original paperwork stands with a note attached confirming my exit. All the original paperwork still exists. Sometimes you just have to make do. You were born with a penis, your paperwork says so. Such is life. We may not like it but we have to put up with it.

  • MyPolitics 16/02/12 #
    Report this comment

    What a load of rubbish. I’m astounded that tax payers money is been waisted on junk like GRAG. How can there be a whole advisory group set up for a group of people that I’m sure don’t even make up 1% of the population. I would be surprised if trans gendered people made up 0.5%. Complete waist of money effort and time. I was born 1.7m tall but always felt I should be 1.8m tall. Surely my human rights are being violated because the passport office won’t change my height.

    • Rory McCann 16/02/12 #
      Report this comment

      Apples and Oranges. You are hihgly unlikely to have suffered oppression, discrimination and hardship because you were 1.7m rather than 1.8m tall. The same cannot be said for trans people.

      The government decides to spend money on this to stall the ball, to delay, to avoid the issue. They could solve it in 1 day by passing a law allowing it. Instead they want to pander, to delay, to set up interdepartmental committees, to discuss things. Don’t blame trans people because politicans are afraid of being couragous.

      We do not do things based on percentages. What percentage of people are old? What percentage of people have downs syndrome? What percentage of people are jews? These are not questions we ask when trying to decide rights.

    • Colm Mooney 16/02/12 #
      Report this comment

      disgusting level of insensitivity..

    • Brian Ó Dálaigh 16/02/12 #
      Report this comment

      @ MyPolitics – I may not agree 100% with everything that any organisation representing minority groups might say, but I for one am quite happy that some of my taxes are spent to help people in minority groups attain the same level of equality and respect that those of us who are heterosexual and Caucasian currently get. If everyone was granted the same rights and responsibilities, and if everyone was treated in the same way, irrespective of sex, gender, sexual or gender preference, race, religious affiliation, etc., then there would be no need for these groups. Until society treats everyone the same, then organisations such as GRAG will continue to be necessary.

  • Cyril Butler 16/02/12 #
    Report this comment

    Why is it always the religious zealots that are always the least humane when it comes to human rights? Be it the Muslim guy who was criticising people for being irate with Saudi Arabia not having ladies in the Olympics and now Christians here who would have innocent people suffer rather than realise what is the decent and obviously humane thing to do. The same people claim the victim when I and others attack the sources of zealotry of these people. If transgendered people demanded that all kids dress up in the opposite sex in school or demanded a camp ceremony before parliamentary proceedings or developed mythology around their psychological needs and tried teaching that as science then and only then would I say they were pushing it down peoples throats. Anyone with a modicum of common sense can see they have a deep rooted psychological need to identify as the opposite sex. This may even have a basis in neurophysiology. It is not these minority that produce societal suffering it is religion. Its not just the narrow minded zealots either,so called moderates provide the numbers that give comfort to the nastiness of the minority.

  • Jeremy Bowman 16/02/12 #
    Report this comment

    Many people here seem not to realise how horrible it is to discover that your spouse is gay or transgendered. You are the victim of a huge, life-altering act of deception. To “change all the paperwork” so that legally you were in fact married to someone of the same sex would add further injury. Spouses of gays and transgendered people are routinely forgotten because we are supposed to “never speak ill of the gay”. I’m totally in favour of greater acceptance of gays and transgendered people, but to forget everyone else affected and just do absolutely everything to make life as perfect for them as possible is both unjust and counterproductive.

    • Andrew 16/02/12 #
      Report this comment

      You’re speaking for yourself. But there will be others who want to continue relationships after transition (which is why the article speaks out against having to divorce their partners in order to be legally recognised).

    • Cyril Butler 16/02/12 #
      Report this comment

      I agree with that. No group is immune from daft and selfish decisions but that is another argument.

    • Adam Long 16/02/12 #
      Report this comment

      I respect and understand that you are talking about your own circumstances (which is not the case for everyone in your situation) but comments such as “never speak ill of the gay” are unnecessary and certainly not based in fact. I could go into detail about the reality of homophobic bullying and its effects, which would contradict your above comment, but that is not what this thread is about.

    • Rory McCann 16/02/12 #
      Report this comment

      It must be very hard for *both* parties when a long term relationship ends. It must be hard to find out that one person isn’t who you thought they were. But I strongly believe that the LGBT person has probably suffered more anguish, please also have compassion for them.

      To say “deception” implies that the person intends malice, which is often not the case. The person has also been deceiving themselves for years. Imagine how hard that is on a person. “never speak ill of the gays” implies that we live in some glorious equal society which has gone too far and is now oppressing straight people. This is not the world we live in. There is still much much sexuality based discrimination against LGBT people than against straight cisgendered people. The only oppression is the oppression not to act bigottedly. It is like a child who had all the toys and is forced to share.

      (As an aside there are some people who are married to gay people knowingly. This is common when 2 men are married for example ☺ )

  • Louise Hannon 16/02/12 #
    Report this comment

    I’ve read these comments with great interest. This is a Legal, Equality and Human Rights issue. of which the birth certificate is part.. I and many others like me depend every day on the kindness of strangers to treat me with dignity and respect and to also treat me legally in a fair way the same as any other citizen of this state. How would any Irish person feel reading this if they had to defer to the whim of some bureaucrat or company official on a regular basis interpreting rules in such a way that made access to every day services. including employment long and protracted? Services in fact that non transgender people all over the Irish state take for granted.?

  • MyPolitics 16/02/12 #
    Report this comment

    @Rory McCann
    you say “We do not do things based on percentages. What percentage of people are old? What percentage of people have downs syndrome? What percentage of people are jews? These are not questions we ask when trying to decide rights.”
    Your statement is really frightening for a number of reasons. Firstly who exactly are the “we” you referring to? My response to that is “you don’t speak for us”. Secondly, EVERY question should be asked regardless of how offended some people might get or how insensitive you deem the question . Lastly, you are deeply mistaken if you think that things are not based on percentages. As a simple example lets build door ways, cars and table tops to the ideal height for dwarfs (even though they make up less than 0.03% of the population). Or spend 200million euros on TB prevention in Ireland rather than on lung cancer. Don’t be silly, everything is based on percentages how else can resources be applied?

    • Cyril Butler 16/02/12 #
      Report this comment

      So by your own rational my politics why should business be forced to build disabled toilets for wheelchair users? Why should we have special needs teachers? For that matter why should cinemas have facilities for deaf and blind people? If you marginalise everyone who are in a minority percentage you might live to regret it if you ever become one. Even more daft is you accusing your opponent of being silly.

    • Rory McCann 16/02/12 #
      Report this comment

      By “we” I mean the Irish State. And yes, we should build doorways etc that are *accessible* to people who are dwarves or tiny, or in a wheelchair, or blind. We should build them to be accessible to the people who are in the 90% height bracket as well. Letting people change their birth certs will only affect people who want to discriminate against trans people, and I think that’s an acceptable trade off.

  • MyPolitics 16/02/12 #
    Report this comment

    @Brian Ó Dálaigh
    The world which you speak of has never existed, does not exist and will never exist. So lets spend our time and efforts in reality. Idealism in politics will be the fall of society.

    • Brian Ó Dálaigh 16/02/12 #
      Report this comment

      So, MyPolitics, you are probably of the opinion that black people should be kept as slaves, women should be denied the right to vote, etc., etc. Each of these groups started off as minority groups with the ultimate goal of obtaining equality. Should we have ignored them and instead “spent our time and efforts in the realities” of their times? Your point can not just be proven wrong (as history quite clearly indicates), but could quite easily be considered homophobic, racist, sexist, ageist, classist, and utterly, utterly stupid. I understand that a perfect society will probably never be achieved – that doesn’t mean we shouldn’t try.

      “Idealism in politics will be the fall of society” – please clarify. Which society are you speaking of? Society is a changing concept. The society of Elizabethan came and went. The society of the Cromwellian British Isles came and went. Would it be so drastic if our current society simply dies off? After all, it will simply be replaced by another definition of society. Perhaps that definition might involve equality for all; perhaps not. Oh, and you do know that the word idealism means a political belief in a set of ideals. One such ideal is the concept of democracy. Your logic implies that a belief in democracy could also be the downfall of society.

    • Muc Beag II 16/02/12 #
      Report this comment

      ^^ Logic’d ^^

  • Report this comment

    Great article and sorry to see so much transphobia in the comments.
    But with respect, “Can you imagine the uproar if twenty men sat discussing women’s issues without any kind of female input?” That happens constantly and without uproar. Constantly. I’d say more often than not.

    • Jeff Kennedy 16/02/12 #
      Report this comment

      we live in a gender neutral new world dont we ,were all equal et al there are no women or men issues or are you a sexist ? you cant have it both ways

    • Rory McCann 17/02/12 #
      Report this comment

      @Jeff that’s a false dichotomy. The constitution & charter of fundamental rights can say that men and women are to be treated equally, and yet there can still be discrimination and inequality.

  • Jeremy Bowman 16/02/12 #
    Report this comment

    “How would any Irish person feel reading this if they had to defer to the whim of some bureaucrat or company official on a regular basis interpreting rules in such a way that made access to every day services. including employment long and protracted?”

    Everyone has to defer to that, routinely, in various ways. It isn’t a sign that anyone is being persecuted. We all have to deal with inconveniences and even injustices from time to time. The injustices should be repaired, of course, but minor injustices do not always signify persecution. For example, a single parent cohabiting with someone of the opposite sex is not eligible for a one-parent family payment. But a gay couple are eligible for two such payments. That is an injustice, but not a sign that heterosexuals are being persecuted.

    On the question of divorce, I am 100% in favour of gay marriage, but think we need an open public debate about the issue before we change the law because it would alter the “meaning” of marriage somewhat. If transgendered people’s sex were legally recognized prior to divorce, it would amount to de facto gay marriage. That would be a legal anomaly, and it would by-pass the required public debate.

  • Adam Long 16/02/12 #
    Report this comment

    Great article Louise. You have done a real service by putting these issues into the wider public domain and in such a clear and straightforward manner.

    Trans people deserve to have their rights respected and vindicated and as usual we need a judgement from Europe to ensure that the State honours its obligations to uphold basic human rights. It has always been thus, whether the issue realtes to equal pay, gay rights, abortion etc. On this specific issue, the foot dragging by ‘officialdom’ has been especially shameful. And rather than adopt some of the regressive proposals contained in the report, we should instead look to the likes of Spain, where transgendered people are afforded full dignity and equality and their gender recognised as a matter of right.

    And just finally to say – as a gay man, I stand in solidarity with you.The T in LGBT is just as important as the other letters that represent our community.

    • Report this comment

      I’m sorry Adam, but I disagree entirely. Louise has every right to live as a woman if she so chooses. But reteroactively editing documents such as birthcerts is dangerous, and indeed pointless. While there are a multitude of chromsomal disorders which can result in gender ambiguity, there are also cases when the disconnect is societal or mental and they cannot be all treated the same. Your birth cert reflects your genetic make up at birth – XX, or XY. That’s the entire matter here…

    • Adam Long 16/02/12 #
      Report this comment

      It is not a question of “choosing” ones gender. It involves a complex process usually involving a diagnosis. In any event, I think I will defer to people like Louise who have been through the process. And also the fact that European law and professionals working in this area recognise that gender cannot always be determined by physical characteristics.

    • Report this comment

      I agree with that, but to change birth cert is to confuse gender and sex – the former is a concept of society, the latter is a set of biological and physiological markers and differences. The latter is the issue at hand in the birth cert question. You might think this is irrelevant, but it is not – men and women (and indeed, the transgendered to their varying degrees) have numerous physiological differences, and will respond differently to different hormones, treatments and therapies. The right to self determination is not in question, but recognising the biological factors has to also be included.

    • mollydot 16/02/12 #
      Report this comment

      “Your birth cert reflects your genetic make up at birth – XX, or XY.”

      More like your *assumed* genes. Would you be ok with it being changed if the chromosomes were not as initially assumed?

  • Report this comment

    Why not take ‘sex’ off the birth cert altogether? Let children grow into adulthood unhindered by gender politics. God forbid we should judge people as just ‘people’. *troll bomb in 3…2…1…*

  • Louise Hannon 16/02/12 #
    Report this comment

    With respect folks…many are missing the point here…..I live as female, I work as female. Everything about me is female including my mind. I could not continue the way I was born, otherwise I would not probably be around today. This is not a case of lifestyle choice in the sense that some people seem to think. It’s not to be taken lightly the effects of hormone and surgery etc. Given that’s the case which it is, how do we recognise the legality of those who need to live in their true gender, protect their privacy and allow them to get on with earning a living like everyone else without coming up against barriers every so often in regard to legal standing? If those making short myopic comments and who obviously have little understanding of transgender issues can answer that I’d love to read their solutions. It isn’t enough living as one gender and being legally recognised in another given the legal minefield which it is and has been for too long. Transgender people have been around for centuries in all countries and cultures, it’s only now that most developed countries are facing up to this and attempting to do something about it.

  • Jeremy Bowman 16/02/12 #
    Report this comment

    But what’s needed is more widespread acceptance of transgenered people, not the pretence that someone was never transgendered in the first place. In fact that pretence probably perpetuates the idea that there’s something unacceptable about transgendered people.

  • Jeremy Bowman 16/02/12 #
    Report this comment

    If transgendered people were able to completely “cover their tracks” by re-writing their birth certificates, etc., they would be able to give the impression to (some) members of the opposite sex that they had been born with their current sex. That introduces the potential for some really nasty acts of deception. Whether you like it or not, the reality is that most people want to know what sex their partners were born into, or at least apparently born into. To be able to keep that secret is unacceptable.

    Many people whose spouses come out after keeping their homosexuality secret say they feel as if they had been married to someone of the wrong sex. It may be a joke on Jerry Springer to those who haven’t experienced it, but it’s a knife in the heart to those who have. What we need is more acceptance of homosexuality and more openness, not an ability to sweep everything under the rug and keep secrets.

    • Cyril Butler 16/02/12 #
      Report this comment

      I dont know about you but if a girl asked me to produce a birth cert on a first date I wouldnt think that I am the light of her world rather I would think she is trying to commit identity theft. If viewing a potential partners birth cert is one of your dating prerequisites I think you will be single for some time to come. You are scraping the barrell to justify your bigotry here. Two words come to mind shovel and hole.

    • Jeremy Bowman 16/02/12 #
      Report this comment

      I wasn’t thinking of the first date, but of longer-term “relationships” in which people slowly get to know each other, and possibly think about marriage and having children. The idea that one’s “significant other” was born with what seemed to be the same sex as oneself strikes me as something that most people would feel entitled to know. I don’t think I’m being transphobic when I say I sure feel entitled to know it.

      In fact I feel every bit as entitled to know it as other feel entitled to hide it, but so what?

    • Shanti Om 16/02/12 #
      Report this comment

      Jeremy please bear with me, I am just trying to follow your logic..

      A man meets a beautiful woman, they embark on a relationship, they talk of marriage, children – the fact that the beautiful woman used to be a guy is probably going to come up.. Especially as she will not be able to conceive..
      There may be a small percentage who would keep it a secret, but unless this applies to the majority it’s not really relevant.. Some people lie, this is not an inherent transgender trait, nor is it confined to transgender people. You use the example of someone coming out after marriage yourself.

      If you marry someone and after years they tell you they are suddenly changing to the opposite sex then they might have been lying to themselves for years, in which case their intent to hurt is non existent, just their confusion and denial to themselves. In fact, their guilt about hurting their partner may have caused them to postpone the inevitable of telling the truth and try to supress their true nature even more.

      If you married someone who knew they were transgender but hadn’t had surgery then chances are they would be recognisable as such, especially as things got intimate..

      I’m struggling to find an incidence where your statement makes sense.. The deception can only logically go so far, and the small minority of possible deceptions should not be the brush that tars every transgender individual.

  • Cyril Butler 16/02/12 #
    Report this comment

    Of course you should be entitled to know. But like I said before try asking for a copy of someones birth cert at any stage in a relationship and you are likely to get the door fast. The probable first time you see someones birth cert is on your wedding day. Without putting too fine a point on it I would think you would have discovered it before that. How many transexuals do you seriously believe married someone without their partner finding out in any situation? On the other hand it has everyday legal consequences for people living that life. Absolute red herring.

    • Cyril Butler 16/02/12 #
      Report this comment

      I can just imagine the scene now. You are there after a romantic night and steamy sex and you wake up next morning and say to your wouldbe life partner. “Honey you mean everything to me I dream of you every day and wish for nothing else than for us to spend our life together but I just have this niggling problem. I have this sneeking suspicion you might once have been a bloke can I see your birth cert?” You cant be seriously making this argument?

    • Jeremy Bowman 17/02/12 #
      Report this comment

      I guess I’m objecting to the phoniness of it all – the pretending, the re-writing of history, the covering of one’s tracks, the histrionics, the exaggerated sense of victimhood and entitlement… There are people who have to deal with real problems, and this isn’t one of them.

    • Cyril Butler 17/02/12 #
      Report this comment

      Exaggerated sense of victim-hood? Me thinks you are getting the Catholic Church mixed up with transgendered people. Phony?? The condition is recognised by medical professionals so much so that they are willing to remove the genitalia of people. So check your phone credit and call planet earth. I used to be homophobic in the 1990s when it was commonplace but there comes a time when the caveman must abandon his club.

  • Niall Dooley 16/02/12 #
    Report this comment

    Perhaps future birth certificates should have two fields: ‘sex’ and ‘assumed gender’?

  • Helen R 16/02/12 #
    Report this comment

    I have been following this conversation at intervals today but it is only now that I have had a chance to intercede.

    The situation is not *whether* a new birth certificate in the correct gender should be issued – the government has conceded to that position after the ruling in the European court, following the case taken by Dr Foy. Opinions on this offered here, are irrelevant in the issue that Louise discussed. Instead, it is the way the GRAG has proposed that the legislation be implemented that is so distressing to the trangendered community. Some people have queried why the certificate is so important. Well it IS important, a birth certificate is required to enter into many legal contracts eg for jobs, for passports. A transperson wants only to life as who they are – the disparency of gender between the certificate and their appearance can lead to unwanted and unwarranted discussion and may also lead to discrimination and potential job loss.

    First, as Louise wrote, that language used and the framing of the report places the plight of the trans community squarely in the realms of psychological/psychiatric disorder, rather than the Human Rights approach that the Equality Authority, TENI and other trans witnesses strongly suggested. The transgendered person will have to submit to a three-person panel to decide if they are entitled to the altered birth certificate. The panel would be composed of ‘experts’ in the field – BUT, there is only ONE endocrinologist, ONE psychiatrist and ONE psychologist in Ireland who even deal with trans issues so they essentially would be assessing their own patients who that have already said are eligible for gender transition! This is not only a huge waste of time, money and effort but is also extremely insulting to the trans person, who is the best placed to affirm that they were born in the ‘wrong’ body!

    The second main item is one that I can personally attest to – I am the wife of a trans woman. When we fell in love and married over *25*years ago, in a Catholic church and taking vows that we hold sacred, my spouse knew very little about her condition. How could we? The internet was barely past its infancy and the condition of transgendered people wasn’t exactly broadcast – heck, even gays and lesbians were only known by the stereotypes on television eg John Inman’s famous ‘I’m free!’. I was naive in the true sense of the word, as was ‘she.she didn’t lie about her condition because we didn’t know what it was. Neither of us could have known how strong the feelings and impulses of her trans condition would grow over the years – but grow they did.

    It wasn’t easy. There have been tears, recriminations, hurt and pain on both sides. There were also greater and stronger feelings of love, support, and understanding which grew out of the struggle to come to terms with the situation. I know that she was suicidal at times. We have a daughter, who was initially sheltered from my wife’s condition and later was told of her gender and for whom we provided counselling. She is now a teenager who still adores her dad and has been fully supportive. The rest of her family has not been as accepting..

    Our love has survived and flourished. She is in essence still the same person I fell in love with and has been a wonderful spouse and a fantastic parent. We want to remain married. I want her to obtain that certificate – but the consitions of divorce are absolutely disgusting. Not only do we not want a divorce it is very unlikely that it would be granted as we would have to separate for four years and THEN convince a court that our marriage had ‘irretrievably’ broken down. I won’t sacrifice our marriage just so the government won’t have to face the potential of ‘same-sex’ marriage (we support marriage equality, but that is for another discussion).

    So, why should the wives/husbands and children, the ones who have stuck to their vows and who have maintained the family unit in the face of discrimination and lack of legal recognition, be penalised for our love and devotion?

    Think on that.

    • Jeremy Bowman 17/02/12 #
      Report this comment

      I have to say that what you have written here strikes me as phoney. A genuinely loving relationship between spouses involves sexual activity. If one of them becomes a member of the same sex as yourself, the required physicality of erotic love has gone. To pretend otherwise strikes me as quite disturbed.

    • Deirdre O'Byrne 17/02/12 #
      Report this comment

      Jeremy – ever hear of bisexuality?! Also, ever hear of “true love conquers all”?

      The post is most definitely not phoney – I personally know of someone in just the situation described above.

    • Jeremy Bowman 17/02/12 #
      Report this comment

      Bisexuality is very much a minority taste, and many gay people claim it doesn’t exist at all. But assuming it does exist, does Helen deserve praise for simply having very unusual sexual preferences? The vast majority of women would not be happy at all to marry a man only later to find themselves married to a woman. Nor would many men welcome the prospect of being married to a man. I think it is quite appropriate for most people in that situation to feel cheated, misled, and deprived of the physical expression of love that is so vitally important for a happy marriage.

    • Jeremy Bowman 17/02/12 #
      Report this comment

      “She is in essence still the same person I fell in love with and has been a wonderful spouse and a fantastic parent.”

      I submit that you were very very fond of your spouse’s mind, rather than genuinely in love with your spouse in the full physical, sexual sense. If you had really been in love, the change of sex would have been a calamity.

      Let us not confuse “virtue” and “chastity” with the real thing.

  • Jeremy Bowman 16/02/12 #
    Report this comment

    “She is in essence still the same person I fell in love with and has been a wonderful spouse”

    Did you honestly think you marring a man?

    • Louise Hannon 17/02/12 #
      Report this comment

      Jeremy… You are under the impression that sexual relations between couples is always penetrative. There is much more to a relationship than this particular aspect. Without going into graphic detail here, relationships take all forms and shapes physically for various reasons because there is true love which over comes all else, plus a commitment till death us do part. Talk to or read any agony aunt and they will tell you that and I’ve seen it for myself in life :)

    • Jeremy Bowman 17/02/12 #
      Report this comment

      I hope I’m avoiding the assumption that all sexual relations are penetrative, but I do assume that sexual relations involve physical desire, with physical activity using physical parts of the body rather than a chaste “admiration for the other person’s mind”.

      I’d argue that a healthy sexual relationship involves admiration for the other person’s body as well as mind, so I guess I believe in a sort of “objectification”, in finding physical objects (i.e. various parts of the other person’s body) erotic and exciting. That would definitely change for me — it would be severely diminished — if the other person’s sex changed. And it seems to me that only a very unusual person wouldn’t have severe difficulties. So I don’t think changing sex (or revealing one’s true sex if you prefer) can be all butterflies and sunshine for most spouses of transgendered people.

    • Louise Hannon 17/02/12 #
      Report this comment

      Jeremy, There can be difficulties as in any relationship when one partner transitions, or for many other reasons but there are people who are deeply committed to each other and have no wish to have to divorce. Unfortunately because of the need to protect the children these transgender families cannot be publicly identified. From a physical perspective there are no issues because the spouses have been there from the beginning and are supportive. As I said above penetrative sex is not the be all and end all as you indicate. There are other ways of doing things which probably have never been discussed much on a public forum particularly in Ireland but they are there…:)

  • Colette Breen 17/02/12 #
    Report this comment

    It is only right that a psychiatric assessment be done before you can apply for a passport, it can’t be allowed that people may, potentially in a whim, decide whether they would like to be male or female or there passport. If this is your second most serious complaint about the legislation it must be ok.

    • Deirdre O'Byrne 18/02/12 #
      Report this comment

      First of all, you would want to be SERIOUSLY insane to change your legal gender “on a whim”. Changing your legal gender has enormous consequences on all aspects of your life.

      Second, not only do the proposals require that you be declared sane, they also require that you be diagnosed with a mental condition. This is very wrong.

      Thirdly, why do transdender people have to be declared sane when there are already laws in place which cover the situation where someone insane enters into a legal arrangement?

    • Adam Long 19/02/12 #
      Report this comment

      To suggest that someone may decide to change their gender on a “whim” is beyond silly..

  • Louise Hannon 17/02/12 #
    Report this comment

    Colette….We don’t put ourselves through hormones etc. just on a whim…If you read my comments above you would realise that.

  • John Kehoe 17/02/12 #
    Report this comment

    If your sex genes are XX you are female. If your sex genes are XY you are male. There is nothing more too it; anything else is sentimentality, not reality.

    • Deirdre O'Byrne 17/02/12 #
      Report this comment

      And what if you are XXY? And what if you are XY and naturally develop breasts, a womb and a vagina etc (it’s called Complete Androgen Insensitivity Syndrome). No – your genes do not determine your gender.

    • Rory McCann 17/02/12 #
      Report this comment

      No this is not true. This is not how human bodies and society works. We do not look at genes, doctors don’t do chromosone tests at birth. This “argument from biology” isn’t true.

    • Jeremy Bowman 17/02/12 #
      Report this comment

      I don’t think “gender” should be on anyone’s birth certificate or passport. That would be like making an “official statement” expressing your sexual preference. Many people would be uncomfortable with that, and prefer to keep it to themselves.

      However, if it absolutely necessary that some jobs, social welfare entitlements, quotas etc. are decided on the basis of “sex” (i.e. either M or F rather than “gender”) dividing people up using genetic criteria seems like the least arbitrary, least unfair way of doing it. (Of course we still have to arbitrarily decide that rare cases such as XXY belong in one or other category.)

      I would argue that the whole system would be much fairer if M and F were not involved at all in any decision-making about jobs, social welfare entitlements, or quotas. I would argue that laws etc. should be sex-blind as well as colour-blind. But many feminists will be unhappy with that, because they want quotas, they want an earlier retirement age than men, they want specific social welfare entitlements such as the children’s allowance, and they want some redress for the differences in earnings that arise because women tend to spend more time in the home. If we overruled those demands, we could have fairer, sex-blind laws — but the society wouldn’t differ all that much from the society we already have, in which there are more men than women in politics, in which men tend to earn more than women, and so on.

    • mollydot 17/02/12 #
      Report this comment

      That’s a very simplistic definition. It’s not reality, it’s what we teach children.

    • Rory McCann 17/02/12 #
      Report this comment

      @Jeremy Chromosone tests would not be fairest. Why not just have people fill in a form? That’s fair, cost effecient (no need to pay for chromosone tests), equaitable (no sudden “Oh turns out you’re XY, you’re offically male” letters to people), fast (no need to wait for tests), and doesn’t require a massive national genetic test

      (P.S.: you seem to have a snide comment about feminism impliying they are stupid since they want their cake and eat it, please don’t do that)

  • Rory McCann 17/02/12 #
    Report this comment

    Also a chromosonal test is stupid, because intersex ≠ trans. There are people who are XY and do live full time as women, there are XX people who live full time as men. Forcing them to be forever in the category of men or women would massively negatively affect their lives.

    Perhaps some people would be happier if trans people just went away or quetily lived a life of unhappiness, and society wouldn’t have to face this problem, but that’s a cruel idea that belongs in the middle ages. These people exist, deal with it.

  • Jeremy Bowman 17/02/12 #
    Report this comment

    Rory wrote: “Perhaps some people would be happier if trans people just went away or quetily lived a life of unhappiness”

    Not me — I admire trans people, and liked the one (ex-man, now woman) I (knowingly) met. I’m very much in favour of making things as easy as reasonably possible for trans people. I may be a bad-mannered oaf, but I’m reasonably honest and decent underneath all that bad-mannered oafishness.

    We’re not really discussing whether we like or admire trans people so much as how society should accommodate them.

    To which I say: quite a lot. I believe surgery and hormone treatment should be free. But I was admonished earlier for saying it was a “disorder”. FFS of course it’s a disorder — your brain and other parts of your body are unmatched — i.e. they’re in the wrong order! The resistance to recognizing it as a disorder is part of the problem.

    One of the reasons I admire trans people is they have been through the wringer a bit — like spouses of gays — and the difficulties they face tend to go unrecognized. The problems are mostly unrecognized because trans people belong to a small, unfashionable minority group rather than a large, fashionable minority group.

    But for the very same reason, we mustn’t forget other people who are affected, and who are unwittingly or unwillingly drawn into the emotional turmoil of transgenderization. (Or whether the correct word may be!) It is perfectly reasonable that trans people be accommodated, but it is also reasonable that their spouses and children be accommodated too. This involves compromise, and plain-talking, and honesty. We can’t work out what’s the best thing to do by just pretending our way down a rabbit-hole!

    • mollydot 18/02/12 #
      Report this comment

      But forcing divorce is not the way to do that. Whether you believe it or not, there are some couples who wish to stay together, while still allowing the trans partner to continue transitioning, including having fundamental documentation with the correct sex. They should be allowed to do that. This means introducing same sex marriage, but that’s something that I think should happen anyway.

      For those couples where this sort of thing is a deal breaker, divorce would still be an option. No one is sugesting that people be forced to stay together. You make it sound like the ideal option is emotionally blackmailing the trans partner into not transitioning. I couldn’t do that to someone I loved.

      Yes, it’s hard. None of these situations is easy. Counselling should be available to everyone in the family, including helping the couple decide which of the options is right for them.

  • Jeremy Bowman 17/02/12 #
    Report this comment

    “Or whether the correct word may be” — Oops. I meant “whatever”, not “whether”. Whether.

  • Sarah Duffy 18/02/12 #
    Report this comment

    I have just read ever comment that were said, and have to warn people that the article you are reading is both faults and misleading the general public in to beliving what’s being said is true,, first of all, the Gender Recognition Advisory Group were never set up to help people who are transgender, or part of the Trans Community, Gender Recognition Advisory Group were set up to bring new gender legislation in to Irish law so that people who are or have undergone hormonal treatment and are/have undergone “GRS” Gender Reassignment Surgery like Dr Foy, will be issued with a new birth certificate that shows their true Gender identity,

    As stated in the article above, the Gender Recognition Advisory Group consulted with trans people and organisations about what the legislation should look like. In total they took advice from 40 individuals and civil society groups. including the Equality Authority and Transgender Equality Network Ireland. well this information is faults, because what’s not being mentioned here is that the Gender Recognition Advisory Group also read submissions that were submitted by an organisation called “GIDI” Gender Identity Disorder Ireland, who are an in depended organisation that do not correspond with the trans community, and only supports those who are suffering with Gender Identity Disorder/Gender Dysphasia, their families, friends and act,

    The second point I want to make clear is that, out of all the submissions giving to the Gender Recognition Advisory Group, both Transgender Equality Network Ireland and Gender Identity Disorder Ireland were offered to meet the Gender Recognition Advisory Group in government buildings to discuss what the new Gender legislation should include, which after the Gender Recognition Advisory Group had collected all there evidence, and consulted on the best method, they went in favour of the submissions and evidences giving by Gender Identity Disorder Ireland, which is why people who wish to have a new birth certificate issued in their rightful gender, must undergo the following criteria’s.

    To have a medical diagnose of “GID” Gender Identity Disorder

    To have commenced on hormonal treatment, and or have undergone Gender Reassignment Surgery

    what people are not being made aware off, is that GID and Transgender are two completely separate identities, and are in no way connected to one another, when a person questions their gender identity, they are referred to a gender specialist, who then diagnoses them of suffering with Gender Identity Disorder, to where they are then issued hormonal medication and later undergo “GRS” Gender Reassignment Surgery, to bring their physically appearances as closely to that of their true identity, but in relation to transgender people, they instead self-diagnose them self’s as their preferred gender, without ever seen a gender specialist, undergoing any form of hormonal treatments, and have no intentions’ of undergoing “GRS” Gender Reassignment Surgery,

    I also want to make it very clear that Gender Identity Disorder is not a mental illness or mental disorder, and for those who don’t believe this, This fact will become perfectly clear to those who take the time to actually read the relevant manuals on this condition i.e. DSM IV – V and the ICD-10.

  • Louise Hannon 18/02/12 #
    Report this comment

    With respect the above comment is coming from a small minority group GIDI who accept that a medical diagnosis of Gender Identity Disorder is necessary to obtain the legal rights of transgender people.. TENI on the other hand are the organisation that represents the majority of transgender people and who have taken extensive soundings of their members to know exactly why the GRAG report proposals are unacceptable.. We have no brief to speak for any other organisation.

    I quote from the above GIDI “who are an in depended organisation that do not correspond with the trans community, and only supports those who are suffering with Gender Identity Disorder/Gender Dysphasia, their families, friends and act,” If that is the case how do GIDI know what transgender people want? For those who are unaware the term transgender covers a wide spectrum of people but is also used to cover those who are going through medical treatment.

    The diagnosis of transgender people and their legal status are two separate issues. Of course people should have the right to determine how they live and present to the public in the gender that they are comfortable with, without the need for a diagnosis of a mental “disorder” which stigmatises and marginalises those so diagnosed. Personally I do not wish to be labelled with a mental disorder in order to have my legal status recognised under any circumstances.

    The Gender Recognisition Advisory Group was set up by the Fianna Fail government to advise the government on how best to implement gender recognition legislation. This legislation varies from country to country with very progressive legislation which is currently coming forward in Argentina to doing what the GRAG group did which was to copy and paste the UK act of 2004 which is becoming out of step with best practice. There is a golden opportunity for Ireland to lead the world in transgender legislation which up to now has been squandered.

    Finally if anyone cares to read this http://allpsych.com/disorders/sexual/genderidentity.html which is included in the Diagnostic and Statistical Manual of Mental Disorders, 4th. Edition. which comes from the American Psychiatric Association they will see that the above post is completely incorrect. Also included in this manual which is the main reference manual for psychiatrists worldwide in the past was sexual attraction to the same sex. This of course was removed several years ago and there is a move now to remove gender Identity disorder as well.

  • Jeremy Bowman 18/02/12 #
    Report this comment

    I said “disorder”, not “mental disorder” or “mental illness”, although if I may say so the urge to deny mental illness — “anything but that!” — is a sign of seriously backward and unenlightened attitudes to mental illness that frankly belong to another age.

    If you think it isn’t a type of disorder, you have evidently failed to understand the word ‘disorder’. The urge to deny that “something has gone wrong” damages your case greatly. The whole issue is lost in the fog of politically correct lies and dishonesty.

  • Sarah Duffy 18/02/12 #
    Report this comment

    if what you say is true, then tell me why the Gender Recognition Advisory Group chose to go in favour with “GIDI” and not “TENI” and have build the new gender legislation, on the recommendations that GIDI gave out of all the 40 organisation that submitted their submissions, the truth speaks for its self, don’t you think,

  • Jeremy Bowman 18/02/12 #
    Report this comment

    Sorry, those acronyms make me sleepy. The simple fact is that no public money should be spent on mere “cosmetic” surgery or the frivolous “recreational” use of drugs. Let the wealthy spend their own money on such fripperies. No sensible politician will ever burden the taxpayer with such frivolous nonsense.

    On the other hand, if gender reassignment surgery and hormone treatment etc. are honest medical procedures for a genuine disorder, it is quite appropriate that taxpayers foot the bill. But it means honestly admitting that a disorder has been diagnosed, and that medical treatment is required.

  • Louise Hannon 18/02/12 #
    Report this comment

    Sarah you give your organisation much more credit than it is due.

    What the GRAG committee did was copy and paste the UK ;legislation where medicalisation is seen as a necessary prerequisite to legal recognition. My argument and that of TENI is that they are separate issues entirely and it is a human rights issue based around equality of treatment for all citizens. There should be no mental diagnosis required to become legally recognised.. It’s that simple, and all European transgender rights groups agree. http://www.ilga-europe.org/home/issues/trans/declaration_of_the_trans_rights_conference

    See the first paragraph last sentence below…
    “We want a Europe where health insurance funded adequate hormonal and surgical medical assistance is available in a non-pathologizing manner to all those trans people who seek it, and where no trans person is required to undergo any compulsory medical treatment (such as sterilization or gender reassignment surgeries) or a mental disorder diagnosis in order to change legal gender and/or name.”

    • Sarah Duffy 19/02/12 #
      Report this comment

      Sarah you give your organisation much more credit than it is due.
      That’s right Louisa I do, and you want to know why that is, cause we told the Government to go towards the way the UK law works, in relation to protect people who suffer with “GID” from being branded and labelled with the trans term,
      we don’t have any issues with other peoples identity, and how they chose to live their own lives, but what we are very concerned with is how we who are not transgender, are being seen by the public as being transgender, because of organisation who have no respect for people like us,
      You see Louise, we maybe a small organisation, but at least we know what we stand for, and we fight for our rights to protect those who are suffering with Gender Identity Disorder,
      If you or others who classify them self’s as being transgendered, then why don’t you all rip up your diagnoses letters, and have the specialist that diagnosed you to issue you with a new diagnoses latter stating that you are all suffering with a transgenderism condition, seen that you want to be classified as being such person,
      At the end of the day, people diagnosed with Gender Identity Disorder will have their right to be issued with a new birth certificate in there new name and gender, and that’s a fact, and if you think for one minute that the Irish Government are going to reconsider changing their options, that’s not going to happen, trust me when I say that?

    • Deirdre O'Byrne 19/02/12 #
      Report this comment

      Sarah – what are you going to do when science moves on and removes GID as a diagnosis?

      Why should I need a diagnosis from an often clueless psychiatrist to have my human rights recognised?

      You are married to your diagnosis of having a mental condition, and I’m happy for you. I, however, do not believe I have a mental condition – I have a physical condition that requires physical intervention. There is absolutely no need whatsoever for me to see a psychiatrist in order to be diagnosed with a mental condition. If you want to be diagnosed with a mental condition, then that’s your business.

  • Sarah Duffy 20/02/12 #
    Report this comment

    GID is a medical condition, whereby the person in question medically diagnosed is giving hormonal treatment, and undergoes “GRS” which is under the care of the health act,
    transvestite/Cross dressers is a sexual fetish condition, whereby such people in question get sexually aroused from dressing and acting as the opposite sex,
    you have a diagnoses letter of “GID” show me were on the diagnoses letter it states you are mental, the answer is you can’t, and you want to know why, because you are listen to other peoples believe, without reading the facts for yourself, Gender Identity Disorder is not a mental condition, disorder or illness, the prove in written in the DSM-IV manual, go and read it, and stop listen to what others are forcing you to believe, TENI are only using out medical diagnoses to gain legal recognition for their own purposes, because for years they were against the word GID, and now they are including it in there Trans Terms,

    • Deirdre O'Byrne 20/02/12 #
      Report this comment

      I can’t find a copy of the DSM on-line, but the APA web site says ” The Diagnostic and Statistical Manual of Mental Disorders (DSM) is the standard classification of mental disorders used by mental health professionals in the United States.”

      So I have a mental disorder, according to the APA. This is not something that I’m being “forced to believe”. Good grief!

  • Sarah Duffy 20/02/12 #
    Report this comment

    Exactly my point Deirdre, you didn’t read the DSM-IV Manual, and instead read the APA web site, and state your case on this,

  • Sarah Duffy 20/02/12 #
    Report this comment
  • Sarah Duffy 20/02/12 #
    Report this comment

    you believe that “GID” is a mental condition, Disorder or Illness, then why are we all being treated by an Endocrine out in St Columcille’s Hospital, Loughinstown, Co Dublin, which is a general public hospital, instead of being referred to a mental institutions to undergo psychiatric treatment ,
    And may I also state for the record, “GID” Gender Identity Disorder has being replaced as being “GD” Gender Dysphoria,