Up until the Corbett v Corbett court case between 1969-1972, trans people were able
to ‘unofficially’ have their birth certificate changed to reflect their gender reassignment
following medical transition. However, following the outing in 1961 of April Ashley, a
secretly transgender model, her husband sought divorce, which was granted under the
consideration that same- sex marriage was illegal, and this ‘unoffical’ yet legally accepted
practice was ended. It was not until the Gender Recognition Act of 2004 that individuals
were once again allowed to legally change gender, after applying to a non-face-to-face
tribunal through the Gender Recognition Panel, which requires evidence that the individual
has been transitioned for at least two years, and formal approval of medical gender
reassignment from the NHS or a private clinic. This came about as a result of the Goodwin V
United Kingdom case of 2002, in which declared that the UK government was violating
Article 8 and 12 of the European Convention of Human Rights. 48 However, in 2020, the
European Commission published a report ranking the procedures of the Gender Recognition
Panel as amongst the worst in the continent due to the “intrusive medical requirements”. 49
A few months later, the British Government published a public consultation report detailing
overwhelming support for reform to the Gender Recognition Act, yet no plans for
deliberation over the topic were made or have been held.
Recent social division and policy change over trans people and queerness The 2010 Equalities Act finally protected ‘gender reassignment’, rather than the loosely
defined ‘transexual’, as a protected characteristic from discrimination in work, education, as
a consumer, when using public services, when buying or renting property, or as a member or
48 Martyn Bond ‘The Council of Europe and Human Rights: An Introduction to the European Convention on Human Rights’, Council of Europe, Political Science (Jan 2010), p. 43 49 European Commission, ‘Legal gender recognition in the EU: the journeys of trans peop le towards full equality’, General Publications (June 2020), <https://commission.europa.eu/select- language?destination=/media/18732> [Accessed 10/01/2023]
47
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