In LGBT history

• TROY, Mich., Feb. 14, 2020 /PRNewswire/ -- On February 14, 2020, a judge ruled Michigan's controversial Sex Offender Registry Act, also known as SORA, is unconstitutional.
• This decision came following a lawsuit Oliver Law Group, P.C.
• and the ACLU filed on behalf of members of the registry.
• For more information, feel free to get in touch with Oliver Law Group, P.C.

This briefing paper considers the process for trans people to gain legal recognition in their acquired gender. It does not deal with medical treatment or NHS services for trans people.

Gender Recognition Act 2004

• The Gender Recognition Act 2004 (GRA) enables trans people to apply to the Gender Recognition Panel to receive a Gender Recognition Certificate (GRC).
• Successful applicants, who are granted a full GRC, are, from the date of issue, considered in law to be of their acquired gender.
• It is not a requirement for an applicant to have undergone gender reassignment surgery or hormone treatment, although many applicants do so.

Single-sex spaces

The Equality Act 2010 prohibits discrimination, for example in employment or the provision of public services, on the basis of protected characteristics, one of which is gender reassignment. However, this Act allows providers to offer single-sex services that exclude trans people, so long as it is proportionate to do so, and it achieves a legitimate aim.

Criticism of the current process

The current process for legal gender recognition has been criticised by some people for its medicalised approach (it is necessary to submit medical evidence with most applications). Many trans people also consider the process to be overly intrusive, humiliating and administratively burdensome.

Consultation on reform of the GRA

• In a report published in 2016, the House of Commons Women and Equalities Committee recommended reform of the GRA process in line with the principles of gender selfidentification.
• In July 2018, the UK Government published a consultation document on reforms to the GRA: Reform of the Gender Recognition Act Government Consultation.
• This consultation, which ended on 22October 2018, concerned the legal gender recognition system in England and Wales only, though the implications of change for the UnitedKingdom as a whole were also considered.

The ‘self-identification’ debate

• Arguments by those in favour of self-identification include that the current process is intrusive, humiliating and administratively burdensome.
• The fee and associated costs are seen as expensive and there is no right of appeal against the decision unless on a point of law.
• Those against self-identification are concerned, for example, about the potentially negative impact on women and particularly on vulnerable women in safe single-sex spaces.
• Concerns have also been raised that there has been intimidation of those organising and attending meetings to consider the Governments proposals, and that debate has been stifled.

What might happen next?

The 2018 consultation received more than 100,000 responses. The Government has not yet published its own response. On 17 October 2019, Elizabeth Truss, Minister for Women and Equalities, said that the issue of the response to the consultation was very important and needed time for consideration. The 2019 General Election manifestos of the Labour Party, Liberal Democrats and the Green Party included commitments related to gender recognition.

The position in Scotland

• However, gender recognition is a devolved matter meaning that legislation in this area is within the competence of the Scottish Parliament.
• The Scottish Governments separate consultation, Review of the Gender Recognition Act 2004, ran from 9 November 2017 to 1 March 2018.
• This sought views on whether and how the GRA should be amended in relation to the law in Scotland and set out the Scottish Governments initial view that, subject to views expressed during the consultation, Scotland should adopt a self-declaration system for legal gender recognition.
• In June 2019, Cabinet Secretary for Equalities, Shirley-Anne Somerville, announced that a draft Gender Recognition (Scotland) Bill, to reform the current process of obtaining a GRC, would be published by the end of the year.

• 2426, the CASE Act, passed out of the House Judiciary Committee on Wednesday evening.
• The passage out of the House Judiciary Committee follows the passage of companion legislation passing the Senate Judiciary Committee and now places the law in position for a full vote by both chambers of Congress.
• The bipartisan support for the CASE Act has led to the bill gaining 15 cosponsors in the Senate and 92 in the House as of September 11, 2019.
• PPA encourages everyone to continue learning more about the CASE Act at http://www.ppa.com/smallclaims and join the fight for artists' rights.