Opinion: Trans Equality & Gay Marriage

While a progressive step for lesbians, bisexuals and gay men, the ‘Equal Marriage’ bill also has consequences for the trans and intersex communities – some more positive than others.

By the time this issue comes out MSPs should have voted in the Same-Sex Marriage (Scotland) Act 2014. The bill will finally remove the divorce requirement for married or civil partnered people who decide to transition. Previously that trans person would have to divorce their partner or dissolve their partnership before they could have their gender re-identified. That will no longer be necessary. However, part of the bill is concerned with a ‘spousal veto’ – where the legal partners of trans people must be consulted before a full gender recognition certificate can be issued. 

Trans groups like the Scottish Transgender Alliance (STA) are struggling to raise awareness of the issue. Nathan Gale, their development officer, says: “In our opinion access to the human right of gender recognition should be a matter just for that individual and it shouldn’t be able to be vetoed by another person.”

Together with the Equality Network they have proposed five amendments to ensure trans and intersex issues raised in the bill are handled in the best way. Although the bill may have passed the first stage of its passage through the Scottish Parliament, there’s still time to make minor adjustments. 

Amanda, whose partner is trans, is just one of many who might be affected by a veto. She organises Me & T Monthly, a support group for friends, family and partners of trans people who meet in the LGBT Centre in Edinburgh.

The partners of trans people may need many things; access to information about what to expect when someone they love transitions, support from friends and family, open communication with their trans partners… but, says Amanda, they don’t need the power to deny their partners the right to have their gender legally recognised.

“I actually find it quite offensive that someone sat down and thought ‘what would be the most difficult thing about being in a relationship with a trans person’ and they decided the answer was ‘to find themselves in a legally recognised same-sex marriage,’” she says. “Equal marriage should be about putting an end to the perception that something’s wrong with same-sex relationships and the spousal veto contradicts that.”

Another suggested change is to include an option for gender-neutral marriage ceremonies. As the words used in marriage ceremonies are legally binding those in power must sign them off. Currently for heterosexual unions the words ‘husband’ and ‘wife’ are still insisted upon, which doesn’t suit everyone.

There are, however, small changes that are victories. The bill is a comprehensive one and includes details such as the expansion of the terms ‘widow’ and widower’ to include men whose husbands have died and women who have lost their wives.

As Marco Biagi MSP (SNP) said at the Equality Network’s annual reception in the Scottish Parliament last month: “We don’t create equality by passing law, but we do remove inequality doing it.” Biagi sits on the Equal Opportunities Committee, which is in charge of administrating and scrutinising the bill. In the main, they support the trans amendments.

It’s critical that members of our community write to our MSPs about the spousal veto and the gender-neutral ceremonies option, as well as any other concerns. There’s still time to get it right.