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Published by on November 13, 2020

Gender Recognition Act 2004 is up to date with all changes known to be in force on or before 22 November 2020. The Act gives people with gender dysphoria legal recognition as members of the sex appropriate to their gender identity allowing them to acquire a Gender Recognition Certificate. Copyright © 1997-2020 GIRES. England and Wales; Scotland; Northern Ireland, This page was last edited on 24 November 2020, at 20:43. Under the current law, when a married couple includes a transgender person, the marriage may continue if the transgender person's spouse consents to the marriage continuing. Google uses conversion cookies, whose main purpose is to help advertisers determine how many times people who click on their ads end up purchasing their products or services. The example given in the Act is a group counselling session provided for female victims of sexual assault.[3][4]. Twitter wants to make ads more useful through tailored audiences, they want to provide simple and meaningful privacy choices for users. The pixel allows us to: Gain visibility into our visitors actions, measure the effectiveness of our ads, and increase accuracy with conversion measurement. Gender Recognition Act 2004. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. This article will set out the key features of the GRA 2004. A cookie named 'Conversion' is dedicated to this purpose. And the role of law has never been more pivotal in all of this. As such, the bar for protection under the EqA is significantly lower than for acquiring a GRC. An Act to make provision for and in connection with change of gender. Mishcon de Reya LLP is an alternative business structure. +44 20 3321 7000, Please select your contact method of choice. Legal mentoring and advice for early-stage tech companies. Anonymous random ID not shared with any third parties used to power certain site functions that improve the site functionality based on the services that interest you. [18][19] The act required people who are married to divorce or annul their marriage in order for them to be issued with a Gender Recognition Certificate but this is to change with effect from 10 December 2014,[citation needed] from which date a gender recognition certificate may be granted while still in an existing marriage. Since its enactment the Act has been amended (information obtained from the written submission by the Government Equalities Office to the Trans Equality Inquiry 2015): Marriage between same sex couples is now allowed in England and Wales since the passing of the Marriage (Same Sex Couples) Act 2013. The vast majority of transgender people do not have legal gender recognition and remain legally the sex they were born. Two main exceptions to trans people's legal recognition are that the descent of peerages will remain unchanged (important only for primogeniture inheritance) and a right of conscience for Church of England clergy (who are normally obliged to marry any two eligible people by law). We don't use any targeting advertising cookies on mishcon.com, If your enquiry is urgent please call The law needs tidying up. They had to have their marriage dissolved, gain legal recognition of the new gender and then register for a civil partnership. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Edging closer to an elective dictatorship, PII: Now is the time to act for spring renewals, The fallacy of the homeworking revolution, Slashed budgets put junior lawyers in frame for GC posts, Prince Charles tells GCs: you must act on climate change, Lawyer in the news: Nama Zarroug, Astraea Legal, My legal life: Nia Godsmark, Peter Lynn & Partners, IBA conference poses a question about our future, Disability Discrimination Act – 25 years on, Find out more about the benefits of membership. All rights reserved. We advise on the full spectrum of contentious and non-contentious employment law, with experience in managing complex, high profile and high stake situations. The operation of the GRA interacts with sex-based discrimination as interpreted by the Equality and Human Rights Commission (EHRC): A trans person is protected from sex discrimination on the basis of their legal sex. In daily life, having a gender recognition certificate makes very little difference. It was passed by the House of Lords on 10 February 2004, with 155 votes in favour and 57 against. As such, the Act means that acquired legal gender of transsexual (e.g. An Act to make provision for and in connection with change of gender. GRA 2004 Explanatory notes Section 10: Registration. There are a number of exceptions where disclosure is legal. Schedule 6 means that the exemption based on ‘genuine occupational qualifications’ that allows someone to be excluded from a work role because of gender reassignment no longer applies once that person has a GRC. Perhaps the most controversial part of the Act, and most relevant to the rights of women, is the Act’s meaning in terms of sex discrimination. Missed our blogs this week? It is not appropriate for legal recognition of gender identity to depend on a diagnosis of gender-dysphoria. Trans people who are married will be able to apply to the gender recognition panel using a new application process which will reflect the fact that some applicants will wish their marriage to continue on after gender recognition. Most notably, this includes when the person remains anonymous and disclosure is intended to prevent or investigate crime.

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