Submission from a member of Mermaids


This submission to the government’s Inter-departmental Working Group was sent on a personal basis by a member of Mermaids whose daughter is a trans woman.  To protect her identity and that of her family, we have reproduced the letter with the name altered to the nom-de-plume of “Margaret Griffiths”

 

Miss Linda Henshaw
The Home Office
Constitutional Unit
Constitutional and Community Policy Directorate
Queen Anne’s Gate
London, SW1H 9AT

23rd June 1999

 
IN CONFIDENCE

Dear Miss Henshaw

re. Inter-Departmental Working Group on Transsexuals

Thank you for your letter dated 14th May, addressed to Mermaids Support Group.  I have forwarded copies to those people in our group and membership who have an interest, so that those who wish to reply may do so.  This reply is not an “official” reply from Mermaids, but it represents my involvement in transsexual issues - both from a personal standpoint, and from my role in Mermaids.

I am the parent of a transwoman (i.e. someone born apparently physically male but with a female gender identity).  Her father and I became aware of the situation when she was in her early teens, and sought help and information immediately.  What we have learned in the intervening 7 years is that this condition is indeed present from birth.  It is genuine, and should be considered a form of intersex condition - one which because there are no outward signs of its presence, remains hidden, causing many problems.

Commonly, many sufferers therefore try to hide their true feelings for many years, fearing ridicule, estrangement from family and friends, employment difficulties, etc.  The consequent emotional and mental stress that this causes can bring about mental and physical illnesses, low self esteem, under-achievement either at school or at work, and loneliness.  People do not function as well as they could when constantly having to pretend to be something they know they are not.

The word “transsexual” is not a noun, but an adjective, and is commonly misused.  Often the three letters it contains: s, e, and x, mislead the public into thinking that transsexualism is only about sex acts, and is therefore a perversion and something to be wary of, whereas it is only about gender - sexual preferences are irrelevant.  So I will use the preferred terms “transperson, transwoman, transman, transpeople” instead.

Even when a transperson has received medical help to change their body to match their gender identity, has changed all their personal details with their bank, GP, credit card agencies, driving licence, passport, etc., and have successfully lived in their new role for some time, there is always a basic insecurity which evolves around the fact that they have no birth certificate reflecting their true selves.  A birth certificate is indeed a record of an event, but when one aspect of it eventually proves to be erroneous, it’s continued unaltered presence can continue to cause problems.

For those transpeople unable to work for any reason, and who are in receipt of benefits, contacting the DSS highlights a problem area.  When the clerk looks up their details on the computer, they discover there is a block on the details, meaning they can only be accessed by a supervisor.  This is done so that when their details come up, each and every DSS clerk will not learn that they are transpeople, as the details would read something like:

Mary Louise Smith, single male
(or for a transman, John Henry Green, single female).

This means that there is usually a delay - sometimes of at least a day - before they can talk to anyone about their query.  This situation would also occur at the Job Centre, in front of a queue of other people, causing embarrassment as well as inconvenience.  This situation in itself is discrimination.

Transsexualism is the only recognised medical condition which is subject to such discrimination, whereby the lack of a birth certificate recognising the person’s true identity can cause problems.  For instance, many schools, colleges, training courses, businesses, driving licences, etc., require a birth certificate as proof of identity.  Yes, I know it is designed purely as a record of an event, but in established practice it is used as a proof of identity.

If any transperson were to have to show their birth certificate in order to get a job, or a college place, they would have to disclose not only a medical condition which would be irrelevant to their abilities, but the fact that they have changed gender.  They would also have to show their change of name documents, and a letter from their doctor or psychiatrist.  They would also have to bear other people’s curiosity, very likely having to continue to justify their feelings and decisions, and even when assured of confidentiality would always fear disclosure due to gossip, accident, malice, etc.  If the situation were to be disclosed then once again their past would come back to haunt them, and they would once again be at risk from the bigotry and ignorance that can be displayed by any member of the public.

In common with other transpeople, my daughter’s past is painful to her.  It does not reflect the person - the woman - she is today.  Having a birth certificate which still says she is male, and with a name no longer associated with her, undermines her security and continually reminds her that she does not have the same legal status as her non-transsexual sister.

Other people will have written to you in detail about other issues arising from the lack of legal recognition, which will include problems in access to children, the problems of the convicted transperson (to which prison should they be sent), issues regarding employment, inheritance, insurance, marriage and adoption, etc.  For brevity, I am confining my comments to those which have directly affected my own child, and those other young people with whom I have come into contact, but would like you to be aware that I am aware of other problem areas that might affect them in the future.

I hope that this Working Party will accept that there are many issues which need addressing, and that no matter how many rules and regulations might be made to ensure equal acceptance of transpeople to prevent discrimination, the only sure-fire way of giving transpeople equal rights is to accept their new gender as legal, and to offer them amended birth certificates reflecting their true gender.

Yours sincerely,
 
 
“Margaret Griffiths”
Mermaids Support Group
BM Mermaids, London WC1N 3XX