Opposite Sex – A Discussion of Rights Under the Gender Recognition Act

Abstract

This paper examines the UK Gender Recognition Act 2004. This Act removes some of the injustices of those wishing to register a gender different from that assigned at birth. However, there is some potential for inconsistencies with developing law and it is the aim of the piece to raise these.

Keywords:

• Gender
• gender recognition
• transsexual
• intersex
• intersexuality

Notes

¹ Section 4 of the Act requires a dissolution or annulment of marriage after the issue of an interim gender recognition certificate. A full certificate is issued under Section 5 of the Act if a decree of nullity (or decree of divorce in Scotland) is acknowledged by the court within six months of the application.

² Congruency here is intended to mean that the chromosomes of an individual can easily be identified as either male or female, where the gonads are easily classified as either male or female, and where the genital features are easily recognised as either male or female, and where all of these ‘tests’ for sex are concordant. It is acknowledged by the authors that this is not always readily done and the concept of ‘normality’ is relative.

³ In 1995 Zhou et al. reported that the bed nucleus of the stria terminalis of post-operative male-to-female transsexuals, a brain area essential for sexual behaviour, was more similar in size to those born ‘female’ than those born ‘male’.

⁴ The number of infants requiring ‘corrective genital surgery’ is between one and two in every thousand according to Blackless et al. (2000, pp. 151–166).

⁵ The shame attached to ‘other gender’ states perhaps accounts in some way for the problems Genito-urinary clinics in the UK report in assisting with the sexual health of transsexuals who are reluctant to discuss their ‘birth’ sex and therefore cannot be treated effectively.

⁶ In his 2005 State of the Union address, US President George W. Bush made the following remarks:

… one of the main differences between us and our enemies … they seek to impose and expand an empire of oppression, in which a tiny group of brutal, self-appointed rulers control every aspect of every life

and

marriage … should not be redefined by activist judges … I support a constitutional amendment to protect the institution of marriage [from same-sex marriages].

Thanks to Graham Taylor for bringing our attention to this quote.