Gender change means ‘forced divorce’

Happily married couples will be forced to divorce to comply with the law if either spouse seeks legal recognition of their gender change.

The Equality Authority and the Transgender Equality Network Ireland say the Government’s new Gender Recognition Bill will put some people fighting for gender recognition in an impossible position.

Broden Giambrone, chief executive of TENI, said the requirement that people be single to avail of the new provisions was “horrific”.

“If the bill goes through as is, people will be forced to choose between their family and their right to legal recognition of their gender,” said Mr Broden. “That’s an impossible choice.”

The bill allows someone who is stated to be of one gender at birth get a new birth certificate if they change gender.

Same-sex marriage is illegal in Ireland, however, so if a married person seeks legal recognition as the same gender as their spouse, the marriage would be unlawful.

Betty Purcell, acting chairwoman of the Irish Human Rights and Equality Commission, said this amounted to “a new legislative concept of forced divorce”.

“Many transgender people have been supported on their journey by their spouse,” said Ms Purcell. “The bill requires that, at the conclusion of that journey, the supportive spouse is then to be presented as the only impediment remaining to the proper gender recognition of the other. This is harsh, unfair, and of serious concern.”

The bill would also force people to lie, she said: “In order to divorce in Ireland, couples must be living apart for four of the previous five years and have no prospect of reconciliation.”

The Department of Social Protection said its hands were tied by the Constitution and only a ‘yes’ vote in the proposed referendum on same-sex marriage would alter the situation.

“The Government, therefore, agreed that the best approach was to legislate now for the majority of the people affected, who are single, and await the proposed referendum on same-sex marriage,” said a departmenr spokesperson.

However, Ms Purcell said the Equality Authority had legal opinion that marital status need not be a barrier. “The legal validity of a marriage is determined solely by reference to factors present at the date of the marriage,” she said.

Several other concerns about the bill were highlighted by the Equality Authority in its last report before it is subsumed into the new Irish Human Rights and Equality Commission.

It says the requirement for a doctor to certify a change of gender before a Gender Recognition Certificate — needed to apply for a new birth cert — is sought gives too much discretion to medical practitioners.

While it welcomed the provision that anyone from the age of 16 can apply for a Gender Recognition Certificate — a drop from the previous minimum of 18 — it says the requirement that 16- and 17-year-olds get the consent of the courts first is too burdensome. It also said provision should be made for under 16s.