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PFC News Bites 1997

Last Updated March 22nd, 1997

West Midlands Police applicant to appeal * Bottomley’s Bloomer * Patients support transsexual GP * Parents support science teacher * High Court to hear NHS test case * Forces’ gay ban threatened by transsexual rights case * PFC campaigner targetted by hate mail * Human Rights Commission supports rights claim * Community supports PFC campaigner * End Bites

West Midlands Police Applicant to Appeal

January 8th, 1997

A transsexual woman whose application to train as a police officer was accepted, and then reversed by West Midlands Police has lodged an immediate appeal following an industrial tribunal ruling in Birmingham, which found that her dismissal was solely on the grounds that her legal status prevented her from carrying out her duties. (See Searching Questions Tax Police).

In his report Christopher Tickle, tribunal chairman, said:

"The respondent’s case is that it does not accept candidates who are restricted from carrying out the full range of police functions. We are satisfied that that was the basis upon which the respondent refused the application."

The applicant, whose details are subject to reporting restrictions, is regarded in law as male, although she underwent Gender Reassignment Surgery in 1994 and is described in newspaper reports now as "an extremely feminine woman". The Police and Criminal Evidence Act requires, however, that police officers carrying out body searches should be the same sex as the suspect and so, in practice, the conflict between her legal and social status would make it impractical for her to carry out this essential element of police work on members of either sex.

Far from being bad news, the judgement is paradoxically a useful one though. The ruling is yet another case in which the decision has turned solely on an interpretation of the law resulting from the plaintiff’s legal status. There is no question of the applicant’s ability to carry out the job, nor any judgement of her individually as anything other than the woman she presents herself to be. In terms of the cases which the European Court of Human Rights is considering (and those it is shortly to hear) this is very significant. It means that British transsexuals are quite clearly disadvantaged in the right to employment, the right to privacy and the right to family life solely solely as a result of their legal status. The government has, in the past, argued that the willingness to alter other documents (whilst leaving legal status unaffected) was sufficient to ameliorate the problems which transsexuals would otherwise face. Now the UK courts have quite obligingly given the lie to this claim.

Bottomley’s Bloomer [top]

January 14th, 1997

UK Heritage Minister and ex-Health Secretary Virginia Bottomley was left with egg on her face this week, less than twelve hours after seeking to make political capital out of a National Lottery Charities Board grant to the Gender Trust, the charity which supports UK transsexuals and their families. A letter sent to the Press Association by Christine Burns of Press for Change resulted in charges of "transparent hypocrisy" by Labour opposition spokesman, Lewis Mooney. Chris Smith, Labour’s Health spokesman, later added : "This is a clear case of double standards".

The June 1995 letter, replying to questions posed by Mrs Burns before Virginia Bottomley’s demotion from the post of Minister for Health, was clearly supportive of NHS treatment for Gender Dysphoria by sex reassignment surgery. As the latest round of lottery awards were being released, however, sources close to the Heritage Minister had let it be known that she was unhappy with the award to the Gender Trust. She is quoted by the Daily Telegraph as saying "It is for the charities board to explain and account for their actions".

The award of £33,700 will go towards the setting up of an office, and the cost of staffing it, part time, for three years. Until now the charity, which is funded entirely from membership subscriptions, has relied completely on volunteer efforts to provide counselling and support to over 500 transsexuals and their families. Timothy Hornsby, the charity board’s chief executive responding to Mrs Bottomley’s call for justification said he was "entirely comfortable".

In a later letter to the Telegraph, an angry Mrs Burns offered similar correspondence from eight other senior government figures, should they display a similar lapse of memory in future, and commented:

As a Conservative activist it takes a degree of soul searching to find myself in this peculiar situation. However, I didn’t join the party in order to support hypocrites and bigots … or politicians on their way down who are so out of touch that they think it’s safe to kick last year’s pariahs. It’s notable that Mrs Bottomley never sets upon anyone with teeth [.. so …] I expect that she may now decide to rule us off her list of "safe" targets

Patients Support Transsexual GP [top]

February 19th, 1997

The patients of an Oxfordshire GP flooded the surgery with messages of support this week, following the announcement that their doctor was to undergo Gender Reassignment Treatment and would, thereafter, be known as Dr Joanna Browne.

The announcement, which took the form of a letter from the GP in person to each of the practice’s 15,000 patients, was supported by the British Medical Association, who sent a representative to the surgery to answer any queries and deal with possible objections. The BMA were aided by literature and advice from the Gender trust.

In the end, however, the most surprising aspect of the entire event seemed to be the matter-of-factness with which the announcement was greeted.

… And Parents Support Their Children’s Science Teacher [top]

February 21st, 1997

Hardly had we drawn breath on the first story of the week, however, when the news also broke that a 37 year old Devon schoolteacher was to follow suit, with the full support of the headmaster, education authority, colleagues and parents at St Peter’s High School, Exeter.

The Church of England school, which has 1,000 pupils aged 12-16, is said to have opted to support the teacher, who will now be known as Miss Toni Bradley, after taking extensive legal and medical advice. The authorities were no doubt aware, of course, that events leading to the landmark case which established transsexual employment rights last year, took place in an educational establishment run by neighbouring Cornwall County Council.

The school sent a letter to parents, signed by the headteacher and head of governors explaining the decision and praising the teacher, concluding "There is no reason to suppose that the transition [into a woman], of itself, will affect the high quality of teaching and learning we have come to expect from [their] classes"

High Court to Hear NHS Test Case [top]

February 27th, 1997

With the UK’s media starting to wonder if was about to start seeing a new story every week, a Shropshire transsexual won the right to a High Court hearing against her local health authority today. The transsexual woman, whose name was not disclosed, has been granted a judicial review to examine whether the authority’s refusal to fund surgery was contrary to the 1976 Sex Discrimination Act and the European Equal Treatment Directive.

The plaintiff, known only as "K", will be seeking a declaration that Shropshire Health Authority’s blanket refusal to pay for gender reassignment operations is unlawful. Speaking after the hearing, "K" explained that she had been undergoing psychiatric treatment and hormone therapy for nine years and had been on invalidity benefit for the last three, after being recommended for surgery by a senior consultant psychiatrist and then finding she was refused the funding. She said, ".. the cost of surgery amounts to just one year’s benefit. If surgery could have been performed I could have been at work and contributing to society, which is what I would wish to do." Her solicitor, Madeleine Rees, added that many transsexuals were being left in limbo by blanket bans of this kind and were suffering "enormous" psychological damage as a result. She estimated that about fifteen health authorities had either refused to fund Gender Reassignement Surgery, or gave it such a low priority that no operations were performed, and added, "It really is short sighted. Operations, in the long run, are a lot cheaper than having to continue to provide treatment for people with this problem for years to come".

Forces’ Gay Ban Threatened By Transsexual Rights Case [top]

March 14th, 1997

An ex Royal Navy medical assistant cited the landmark case of P vs S and Cornwall County Council in a High Court hearing today, in a case that challenges the legality of his dismissal on grounds of homosexuality and draws parallels with last year’s European Court reasoning on the employment rights of transsexuals.

Terry Perkins was discharged from the Royal Navy hospital at Gosport, Hants, in 1995, despite an exemplary five-year service record, after investigators discovered his sexual orientation. In his 34 page judgement on the case Mr Justice Lightman agreed to refer the case to the European Court of Justice after reasoning that the earlier transsexual judgement, which clarified the principle of equality, could be extended to homosexuals too. (A point which Press for Change campaigners have long argued). He said :

"It may well be thought appropriate that the fundamental principle of equality and the irrelevance of a person’s sex and sexual identity demand that the court be alert to afford protection to them and ensure that those of homosexual orientation are no longer disadvantaged in terms of employment, save and unless the discrimination is justified. After the decision in the Cornwall case [P vs S], it is scarcely possible to possible to limit the application of the directive to gender discrimination [..] and there must be a real prospect that the European Court will take the further step to extend protection to those of homosexual orientation".

The judge added that he believed Mr Perkins had a "significant prospect of success" in the European Court.

PFC Campaigner Targetted by Hate Mail [top]

March 15th, 1997

Press for Change Founder and Vice President told shocked friends and colleagues today how he and his household had become the target for a hate mail letter, mailed to hundreds of houses in a mile’s radius of his Stockport, Cheshire, home. Using the Internet to spread the message worldwide, Whittle (who helped start Press for Change five years ago) explained that the letter had been brought to him by a supportive neighbour, who was shocked that anyone could write such terrible things.

The letter is reproduced in full below, except for the removal of Stephen’s actual house number. It was not, of course, signed. Stephen, who has lived with his common law wife for almost twenty years (and is father to four young children conceived by her with the aid of donor insemination) is currently awaiting the outcome of a case which he took to the European Court of Human Rights last summer. The ruling in the so-called "XYZ" case is expected at the end of May.

The Stockport Family Values Society
Mauldeth Rd
10th March 1997

Dear Friends and Neighbours,

It has come to my attention that we have a group of transsexuals with children, living in our community, on this very road at number xxxx. I wish to state that I have absolutely no prejudice against the gay community but it is a well documented medical fact that transsexuals are suffering from a form of schizophrenia so where is the wisdom in allowing these children to be brought up in a household boasting three transsexual women and two lesbians? One’s mind can only boggle at what dubious activities that are going on, polluting these childrens’ minds.

I certainly do not relish the thought of my children attending the same school as the offspring of this commune.

It is time to stop this moral degradation and return to decent family values where a child is brought up with one mother and one father. How many couples would raise a family in these conditions, and what effect will it have on these innocent children in later life irrespective of how much love the "parents" give?

What on earth are social services thinking of?

I know many gay couples who lead a normal decent hard-working life but transsexuals do not or cannot integrate into normal society because of the nature of their mental disease, I understand that they are obsessed with sex with men, women and even each other.

I genuinely feel sorry for these people and I know that they have to live somewhere but I know that I and many other neighbours do not want then to reside in Mauldeth Road, if you have any opinion, either for or against then please attend our meeting at: The Crown Inn, Didsbury Rd, Wednesday March 19th 7.30pm

(Letter unsigned)

Human Rights Commission Supports Rights Claim [top]

March 19th, 1997

On the day when a rights campaigner prepared to face down his local bigots in a pub confrontation, the European Commission on Human Rights announced an unprecedented 15 to 1 ruling in favour of two UK transsexual women, seeking judgement that their human rights have been violated by the UK Government.

The European Commission on Human Rights announced that it will refer the UK transsexual cases of Kristina Sheffield and Rachel Horsham to the European Court of Human Rights. In a 15 to 1 decision, the commission held that the UK’s treatment of transsexuals contravenes European Convention articles:

8 - respect for privacy and the right to found a family
12 - the right to marry
14 - the right not to be discriminated against on grounds such as race, sex, birth etc.

Commenting on the recommendation, Press for Change Founder, Stephen Whittle said,

"This is a ground breaking decision in that for the first time all 3 articles have been tied together by the Commission, and the majority verdict is the largest ever. The case will now be sent to the European Court of Human Rights sometime in the next year - unless of course the new UK government (after May 1st) decides to pre-empt the almost certain to be unfavourable decision in the Court.

This case will follow on from the decision in the case of X, Y and Z v UK, which is expected some time in early summer.

…And a Community Supports the Rights Campaigner [top]

March 20th, 1997

In the end it became a party. Stephen Whittle, whose family and privacy was threatened by a hate mail letter posted first class to hundred of neighbours, was clearly moved as he described the scene, with dozens of people piling into his local pub to show support and solidarity for his family and cause. But we’ll let him tell it …

Stephen Whittle writes :

The meeting that had been proposed by Stockport Family Values to condemn our household was to take place in a local pub on Wednesday night.

The publican knew nothing of the meeting and was horrified to hear of it. He proposed that it was allowed to go ahead, in order that the perpetrator be identified - and then he would sue them for using the name of the pub.

A member of the local judiciary, he also contacted the police. Sarah and I, were met by two neighbours, who walked down to the pub with us. When we got there, there were already about ten people who greeted us - as supporters, including the local community police officer and his wife. There were two other people there - who left after about five minutes - having muttered and pointed at us - we think it was them who sent out the letter!

Gradually over the next twenty minutes the pub filled up, and up, and up, with people in support of us. It was a wonderful feeling to see so many people turn out: colleagues from our workplaces, the publican and his friends, and many neighbours and their friends. The local newspaper sent a reporter and photographer - we didn’t ask for them, they had been sent the anonymous letter by its writer, suggesting they turn up.

The police officer: Adrian Palmer, and the publican: Peter Hitchin, spoke to the reporters and suggested they did a story about how many people had turned out in support, which is what they did. So we had our photo’s taken with all the "supporters", and the story is going in this weekend’s evening paper. Then we got everybody to introduce themselves to each other - and we had a party in the pub. A great night out was had by all, a real neighbourhood feeling was generated - and we all must thank the writer of the letter for enabling so many people to make so many friends and to have such a great time.

Incidentally, about an hour into the event, a colleague of mine turned up with her whole evening class of students, whom she had rallied.

Sarah and I, along with our housemates: Jon and Alex, really would like to thank everybody for the support we have received, and I want to say that all the email was great in that it helped us a great deal in keeping our sanity during this week.

Obviously - the people who write letters like this or worse, don’t go away - we will continue to fight, and if I ever find who they are I will prosecute, for at the very least attempting to incite a breach of the peace. But I was horrified to realise how few offences the perpetrator had committed.

We recognise that we live amongst friends who are supportive, it is important that we all remember not to be complacent, and that bigotry still needs fighting. There are many isolated people without that support and with no protection, it is imperative that we fight for anti-discrimination laws so that trans people can be afforded at least some sort of minimal protection.

…And there it stops [top]

Not because there was no more news … or nothing of significance. There was too much news! 1997 was a year in which there were too many things happening in our campaign for this summary format to continue to be viable …or for us to have the time to update it as things happened.

For an overview of the year’s events, see our separate Review of the Year 1997. And for details of how we reported them as they happened, see the 1997 archives of the UKPFC-News mailing list.

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