Applying for a GRC – Who decides my gender?
In the UK, in order to become legally recognised as the gender you live as, you need to obtain a Gender Recognition Certificate (GRC.) Many trans people opt out of this process, as it can feel humiliating and uncomfortable, and having an updated passport or form of ID is good enough for them. However, only through being granted a GRC can you access a new birth certificate and full legal recognition. The government website outlines that with a GRC you can: update your birth certificate, get married in your affirmed gender, and have your affirmed gender on your death certificate. However, it should be noted that you can only apply to become recognised as male or female, because, as it clearly states, ‘Non-binary genders are not legally recognised in the UK.’
To me, it's totally odd and horrendous that such a practice exists. A panel of judges (I can’t imagine what qualifies these people to make such life-changing decisions for trans people,) along with the evidence provided that they request, get to decide if you are eligible to become legally recognised as the gender you *already* live in. The evidence they ask of you includes the following (this is the list as it can be found on the government website):
Medical reports from two different doctors registered in the UK
A medical diagnosis of gender dysphoria or gender incongruence. Must include who made the diagnosis and what evidence it was based on
Documentation of any medical treatment (surgeries, hormones etc) that you have undertaken or are taking
If you have not yet had any medical intervention, details explaining why this is the case
Evidence of having lived in your gender for at least two years. This must be in the form of your chosen name on official documents. They ask for roughly 1 piece of evidence for every 3 months of the 2-year period
Further documents if you’ve ever been married/in a civil partnership, or if your documents are not in English.
The reality and existence of this process of legal recognition is an act of policing a marginalised community. It is decided for us whether we are worthy of our desired gender, and can qualify as the type of trans person the government will respect. It is an external validation by the state.
As is clear from the criteria you are expected to meet, the implication is that if you do not wish to or are unable to medically transition, you aren’t trans enough. If you’ve been unable to have your name legally changed, you aren’t trans enough. If you are a non-binary person but wish to marry your partner and have your official documentation reflect your chosen name, you aren’t who the government wants to recognise. This degrading process speaks to the role neoliberal politics plays in LGBT rights. A panel of cisgender people sit down and decide whether you deserve legal recognition, and it’s abhorrent and insulting. There is no other reason for a process like this to be necessary except for the state to police trans bodies and identities. To control who gets to participate and who doesn’t. Who has the rights and who doesn’t.
Introduced in 2004, the Gender Recognition Act, the reason why GRCs must be obtained, is a direct result of the trans moral panic rampant in the UK’s current climate. It is evidence of the erasure of ‘less desirable’ trans people; the ones they deny recognition of, such as those that are non-binary or do not wish to medically transition. I hope that, as once pledged, the new Labour government will be the trailblazers to introduce legal self-identification for trans people in the UK and put an end to the transphobic attitude of the previous right-wing governments whose legacy lives on in legislature concerning trans identities. But who am I kidding?
What the criteria tells us is what is expected of trans people. About how and when you are deemed valid. But of course, this is ridiculous. All trans bodies and people are worthy of recognition, of respect and deserve the right to self-identification. I hope in future that Gender Recognition Act is updated, and the need for a GRC for trans people is abolished.
Thank you for reading.
Leo