by Alex Whinnom and Stephen Whittle

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This newsletter is prepared and produced for Press For Change by Alex Whinnom and Stephen Whittle. Every effort is undertaken to ensure its accuracy but no guarantees are given, except we do our best: Dyb, Dyb, Dyb - Dob, Dob, Dob - i.e. don’t hold us liable!!

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Action in the House of Commons

The Gender Identity (Registration & Civil Status) Bill

Alex Carlile QC MP, a long-standing supporter of PFC, gained a place in the Private Member’s ballot and agreed to bring before Parliament a Bill intended to give all transsexual people full civil status in their new gender. The second reading was set for 2nd February 1996 (the exact 26th anniversary of the infamous Corbett v Corbett case!). As you may know, Private Members’ Bills have little chance of becoming law and many receive no discussion at all in the House. The Bill therefore did very well in that it was allowed 35 minutes of constructive debate before time inevitably ran out. Alex Carlile himself (LD), Lynne Jones (Lab) - who seconded the Bill, Roger Sims (C), Kevin Barron (Lab spokesperson) and Edwina Currie (C) all spoke in favour of the legislation, and John Horam (Parliamentary Under-Secretary of State for Health) responded for the government. He stated that although the government takes these issues seriously, it would not support this Bill, being unconvinced that it effectively resolves the birth certificate problem. A copy of the full text of the debate may be obtained from PFC (see below).

So what have we achieved?

a highly effective and focused lobbying of MPs and the government education of MPs, many of whom did not realise the importance of the issue we have pushed the need for legal change higher up the political agenda the draft Bill will be used as a basis for further work the issue was debated for the first time ever in the House of Commons a public statement was made in the House by a government Minister accurate and supportive quality media coverage last but not least, increased self respect amongst transsexual people.

"The most effective parliamentary lobbying campaign for 25 years!"

We had the most tremendous response from the transsexual community and our families, friends and colleagues when we asked you at short notice to write to your MPs about the Bill.

Thanks to all who did so - many of whom sent nemerous letters - and special thanks to Alice Purnell of GEMS, Janet Scott of the Beaumont Society, Stephen Whittle of the FTM Network and Yvonne Wingfield of CHANGE for mailing all their members.

Press for Change has been told by MPs that it was the most effective lobbying campaign seen in the House for 25 years! - we have shown we have the strength and determination to fight for our rights, even though we are a small minority of citizens.

Feedback from people who lobbied and from the PFC questionnaire (see below) shows that over 200 MPs have now been contacted by a constituent about civil rights for transsexual people; 98 MPs have stated they are in favour of a change to the law, and another 24 that they may be. (The attitude of the remainder is not yet known). Please keep writing in to tell PFC what your MP has said.

PFC Questionnaire to MPs

To tie in with the build-up to the Bill, PFC sent out a short questionnaire to all 651 MPs. 116 replies and acknowledgements have been received so far. Besides helping us monitor attitudes, we have had many requests for further information about the medical and legal situation of transsexual people and the PFC campaign.

Parliamentary Forum

This is chaired by Lynne Jones MP and provides a forum for supportive MPs to liaise with medical and legal experts and PFC representatives, to exchange news and agree strategy. A meeting was held on 18th January prior to the second reading of the Bill. It was agreed the Forum should now seek registration as an official parliamentary group.

Please note this forum is not a public meeting.

Early Day Motion

The next important action in the House is the tabling of an Early Day Motion "Civil Rights for Transsexuals" no.302 by Lynne Jones MP. This is a mechanism for measuring the level of support amongst MPs for a particular issue. It already has 65 signatures.

Three things YOU can do next to help the Parliamentary campaign

• Alex Carlile has stressed the huge positive impact of personal visits to MPs. Over the next few months we need as many people as possible to visit (or re-visit) their MPs in person and ask them for support. If you are not sure what to say send an sae to PFC for a briefing sheet and up-to-date leaflet.
• Please write to Alex Carlile and Lynn Jones to thank them for their support: House of Commons, Westminster, London SW1A 0AA. The size of their postbags helps the campaign. You may also offer them suggestions for Parliamentary Questions to be asked.
• Ask your MP to sign the Early Day Motion.

Presenting the Petition

We had planned a mass lobby of Parliament for May this year, but this would now be a step backward. Since MPs are well aware of the issue and are mainly sympathetic, a mass lobby would be seen as an aggressive move.

However we would still like to present the petition. We have over 3,000 signatures, so hope to have the required 5,000 by later this year. We will be contacting those people who were good enough to volunteer for the lobby, to ask if you would be willing instead to take part in a formal presentation of the petition.

Court cases

Birth Certificate Case (group action by P & G)

This case challenged the practice of the British Government since the Ormrod judgement of refusing to alter the birth certificates of transsexual people to reflect gender reassignment.

The case was heard in the High Court on 6th February 1996 by Judge Kennedy and Judge Forbes. Counsel for the Crown was David Pannick. The plaintiffs’ barrister was Laura Cox and their solicitor was Madeleine Rees.

We never expected a favourable outcome from this case, but felt it was important to bring it in order to establish a position. The judges found in favour of the government, stating that the decision made at the time was legally correct. Our side was allowed adequate time to cover all the pertinent evidence, and the feeling is that the judges were sympathetic, but considered the letter of the law had been followed.

A further similar case brought by R will be heard around April. P & G also plan to appeal.

The solicitor for our side feels that now is the moment for mass action! Although the decision about P & G may indeed have been correct at the time, new medical and social evidence could mean that such a decision made now would not be correct. Press for Change is therefore asking as many people as possible to write in asking to have your birth certificates amended. PLEASE SEE THE DRAFT LETTER in this newsletter. Please let PFC know if you write, and what answer you get!

We do consider the hearing itself to be another considerable achievement. Raising the issue in such a thorough and professional manner in the High Court will add to the growing pressure on the government to take positive action to find a solution. Thanks to all who made donations for funding the earlier stages of the case - without you it wouldn’t have happened.

In connection with this case, we are still very keen to hear from any transsexual person who had their birth certificate amended prior to 1970.

Partners’ Right to Marry

A specialist solicitor has already undertaken the groundwork for a case to be brought by the non-transsexual partner of a transsexual person, about his or her right to marry the person of their choice. The applicant would have to qualify for legal aid (i.e. unemployed or low income). Anonymity would be protected. If you would be interested in becoming involved, please contact PFC.

Cases currently before the European Courts

• P. v S. and Cornwall County Council (European Court of Justice) - a case of unfair dismissal from employment.
  The recommendation of Advocate General Tesauro was given on 14th December 1995 and was in favour of the plaintiff. If this is ratified by the Court (and it is rare for such recommendations not to be), it will become unlawful throughout Europe to discriminate in employment against a transsexual person of either gender on the grounds of their having had, or intending to have, gender reassignment. For the first time, transsexual people will be covered by equal opportunities legislation. THIS IS A GREAT TRIUMPH - we hope the first of many.
• X, Y and Z v HM Government (European Court of Human Rights) - about the right of a child to have its FTM transsexual father named on its birth certificate.
  This was referred to the Court by the European Commission in September 1995, and a hearing is expected later this year.
• Sheffield v HM Government & Horsham v HM Government (European Court of Human Rights) - two cases alleging violation of several Articles of the European Declaration of Human Rights.
  Most of these have been challenged before but the plaintiffs argued that important changes in medical and social views have occurred since previous judgements. A preliminary hearing by the European Commission in January 1996 decided there is a case to answer under Articles 8, 12, 13 and 14 and referred it to the Court.

Privacy Case

Group Action about violations of privacy to be taken to the European Court of Human Rights, co-ordinated by The National Council for Civil Liberties (Liberty) and Press for Change.

This case is still on hold pending the results of others already at the Court. In the meantime, anyone interested in taking part should contact Press for Change.

Success in Challenging the Health Authorities

We have a growing list of solicitors who are representing transsexual people who have been refused NHS funding for gender reassignment treatment by their local Health Authorities.

Two cases have already been brought, and in each case the HA has agreed out of court to fund the treatment. Good news for the individuals concerned, although it would actually be useful for a favourable court judgement to be made as this would set a precedent for others. We know of five more cases pending.

If you have a problem with funding, please contact Press for Change who can offer advice and if necessary a referral to one of the solicitors handling these cases.

Thanks to all who wrote in with news of their HAs’ attitudes to funding - please continue to do so. PFC have done a survey of 150 HAs (82 replies), and are formally challenging negative policies. We are also contacting the National Association of Health Authorities and Trusts to suggest the introduction of a uniform and constructive policy. Not all HAs are refusing to fund.

Although funding remains an issue to be concerned about, it appears that our swift campaign backed by legal action may have given us the advantage in this area.

Industrial Tribunal

As readers of the last issue will know, a parent of a transsexual woman who was harassed and dismissed from employment by a major company is looking for supporters who would be prepared to attend the company’s AGM in May 1996. Expenses paid. If any more people would like to help, please contact PFC for more details. The recent judgement on employment (see above) puts a new slant on this case.

Publicity

With regard to the Bill…

PFC has received considerable quality coverage - including a superb 5-minute documentary in Channel 4’s "The Slot".

Activists have also been on:

Radio Kent, London News Radio (twice), Talk Radio UK, BBC Radio 5 (twice), BBC Radio Ulster (twice), BBC1 TV Good Morning with Ann & Nick, Meridian TV, BBC World Service, Televisia, BBC North West Tonight news, Granada Reports news, Radio 4 Women’s Hour, Radio Leeds, Central Live, Anglia TV, BBC Kilroy, Crystal Rose (SE TV)….

There was intelligent coverage of the Bill on Radio 4’s Law Programme, and in The Guardian, The Independent and The Daily Mail.

Generally…

• Television
  The Channel 4 documentary "The Wrong Body" (part of The Decision series), about FTM transsexuals, shown in February, gave excellent and sympathetic coverage. Channel 4 also screened the first TV showing of "Second Serve" a film about Renee Richards. A documentary with the working title "Thanks a bunch, Mr. Ormrod" is being produced in collaboration with PFC for Channel 4 for August. The producer, herself transsexual, is seeking examples of individuals who have suffered personally from their lack of civil status - if you are interested please contact PFC.
• A National Network to reach Local Media
  We are currently drawing up a list of people (already more than 20) who are willing to talk to the media. PFC will provide a thorough briefing on how to approach local papers, radio and/or TV and regular press releases/updates on material to be covered, and will ask people to take the initiative to approach the media for their area. We thus hope to achieve regular coverage and shift the emphasis of the debate from personal stories (hostile or pitying) to the civil rights issue. This has already been largely achieved in the quality national press.

The Internet

The PFC sites are [old URL] If you have a Compuserve account you can access further material in the UK Politics Forum Library as a WP document indexed under TS or PFC. Or if you have Windows on your PC, you can obtain a copy from PFC by sending a blank diskette and an s.a.e.

Other support

PFC is continuing its work with the Trade Unions, The Church of England and Euro-MPs. We would be grateful to hear from anyone who has links with a union or is active in the church.

If you haven’t yet contacted your MEP, please do - and let us know who! If you do not know their name and address you can obtain it from your local library. The European institutions will be key supporters in the next phase of the campaign.

Gay Pride March

Please make your pledge to MARCH IN PRIDE on July 6th 1996 by writing to PFC at: BM Network, London, WC1N 3XX. Families and friends are also welcome. For the first time transgendered people and their supporters (straight or gay) will march as a group, and will be included in the name of the march, which is now for "Lesbian, Gay, Bi-sexual and Transgendered People"

Publicity materials

Many thanks to all who sent in "short lives" and photos. The new posters will be available shortly.

are still seeking photos which show a transsexual person in a group of others - for a poster to draw attention to how ONE person in the photograph is discriminated against. No names or other identifiers will appear - but everyone in the photo must agree in writing to its being used.

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Follow-up

Please send more details of the following as I may wish to take part:

• Company AGM May 1996
• Gay Pride March July 6th 1996
• presentation of the petition to Parliament
• the proposed Partners’ Right to Marry case
• the PFC Media Network
• the documentary "Thanks a bunch Mr. O"

Please let us know if you have write to ask for your birth certificate to be amended, and let us know when you’ve done so. Here’s an example letter:

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                                            (Your name)
                                            (Your address)
For the Attention of William Jenkins
OPCS
Smedley Hydro
Trafalgar Road
Birkdale
SOUTHPORT PR8 2BB

(Date)

Dear Sirs

RE: AMENDMENT TO BIRTH CERTIFICATE

I wish to apply to have my birth certificate amended on the basis that I
was assigned to the wrong sex at birth and that this constitutes an
error of fact or substance within the meaning of Section 29 of the 1953
Act.

I enclose for your consideration a copy of the medical report which
indicates (please choose one of these and delete the other:) that I did
suffer from the condition of Gender Identity Dysphoria which has now
been treated/that I have been diagnosed as suffering from Gender
Identity Dysphoria and am awaiting confirmation surgery.*

I am aware that you already have the documents "Transsexuals: the
Current Medical Viewpoint" and the information from Dr. Swaab concerning
the most recent research into the condition which was published in the
September edition of "Nature" magazine.

On the basis of that, and the comments made by Justice Kennedy in the
recent decision ex parte P and G, I would ask that you make the
necessary amendment to my birth certificate by annotation in the margin
as was the practice pre 1970.

I look forward to hearing from you.

Yours faithfully,

* please ensure you enclose a letter from your specialist or GP

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A message from the hon. treasurer

On 2nd February 1996 the Second Reading of Alex Carlile’s Bill to afford civil rights to transsexual people was discussed in Parliament. Due to the amazingly successful lobbying in the form of letters and visits to MPs there was nothing but support for the Bill from MPs of all parties. And the government agreed to give the issue serious consideration.

EVERYONE WHO DONATED MONEY OR TIME TO PRESS FOR CHANGE OR WHO WROTE TO OR VISITED THEIR MP CONTRIBUTED TO THIS GREAT SUCCESS. THANK YOU.

DON’T STOP NOW! - VICTORY IS AROUND THE CORNER!

But Press for Change desperately needs more money now to continue.

There are 10,000 transsexual people in the UK. Only 177 are so far known to have made donations to Press for Change. Yet all 10,000 stand to benefit when the campaign is successful.

PLEASE MAKE A DONATION NOW, HOWEVER SMALL OR LARGE.

Press for Change is very good value! We have run for nearly four years for the total cost of just £4,655.78 (excluding costs of the birth certificate case) and achieved a huge amount - see overleaf. But however economical we are, we can’t run the campaign on thin air!

Campaigning around the Bill - expenditure in the last two months

£229.87     stationery & printing
£465.06     postage
£155.90     travel
£853.83     in total...
... plus immeasurable numbers of person-hours, given free

Press for Change gratefully acknowledges a recent donations of £100 from a patron and £50 from a supporter, without which we could not have afforded to send out this newsletter!

Since its foundation in 1992 Press for Change has:

• recruited 15 skilled core activists from the transsexual community to co-ordinate and lead the campaign
• distributed over 1000 campaign packs and over 3000 leaflets and a newsletter with a circulation of over 2000
• set up an Internet site and World Wide Web pages for the discussion of transsexual civil rights issues
• sent regular mailshots to MPs since the last election and monitored support within the House of Commons, including a recent questionnaire
• set up and worked with the Parliamentary Forum on transsexualism
• co-ordinated "the most effective Parliamentary Lobby seen in the House of Commons in 25 years"
• gained the firm support for a change in the law of nearly 100 MPs - got a Private Member’s Bill on transsexual rights read in the House of Commons
• got an Early Day Motion tabled in the House of Commons
• run fringe meetings at the Party Conferences of the three main parties - collected over 3000 signatures for a petition to the government
• gained the support of national and international medical and legal experts for changes to British law
• supported three test cases referring to the European Convention of Human Rights at the European Commission, all of which have been successfully referred to the European Court of Human Rights
• supported a test case on employment at the European Court of Justice, the recommendation from which has been favourable: this should mean equal employment rights for transsexual people
• gained leave and legal aid for a judicial review of the decision not to amend the birth certificates of transsexual people
• set up a liaison point for supportive Euro-MPs
• lobbied members of the House of Lords
• initiated talks with the Board of Social Responsibility of the Church of England - contacted 120 major Trade Unions as part of a campaign to ensure transsexual people are included on equal opportunities policies
• run a swift and effective campaign in response to the refusal of some Health Authorities to fund individuals for gender reassignment treatment - started discussions with the Home Office about the conditions of transsexual prisoners
• worked closely with the existing transsexual support networks
• worked closely with the National Council of Civil Liberties, to which we are affiliated
• gained the patronage and respect of numerous influential public figures
• collaborated with key media figures, given countless interviews for TV, radio, papers and magazines, and thus raised the tone of public debate on transsexual issues - provided speakers and representatives for over 150 meetings and conferences, ranging from the European Colloquy on Transsexualism to local Samaritan groups
• given expert advice and legal assistance to over 200 individual transsexual people on specific legal problems - raised the awareness of transsexual people, their friends, families and colleagues, and the general public, about the lack of civil rights and liberties for transsexual people
• published definitive up-to-date information about the medical condition of transsexualism and the first ever book about transsexuals and the law …

… AND ALL THIS FOR JUST £4,655.78 !