The Gender Recognition Panel is a tribunal in the United Kingdom dealing with transsexual and transgender concerns and allowing people to change their legal gender. It was founded to satisfy the Gender Recognition Act 2004, which legislates its decision-making process.
It issues gender recognition certificates for people who "live in another gender". [1]
The members of the panel are appointed by the Lord Chancellor with the agreement of the presidents of the Courts for England and Wales, Scotland, and Northern Ireland. Only lawyers, medical practitioners or psychologists may be appointed to the panel. [2] Its current president, Paula Gray, was appointed by Robert Buckland in 2019. [3]
The legal status of transgender people varies greatly around the world. Some countries have enacted laws protecting the rights of transgender individuals, but others have criminalized their gender identity or expression. In many cases, transgender individuals face discrimination in employment, housing, healthcare, and other areas of life.
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. The court was established in 1532 by an Act of the Parliament of Scotland, and was initially presided over by the Lord Chancellor of Scotland and had equal numbers of clergy and laity. The judges were all appointed from the King's Council. As of May 2017, the Lord President was Lord Carloway, who was appointed on 19 December 2015, and the Lord Justice Clerk was Lady Dorrian, who was appointed on 13 April 2016.
The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows adults in the United Kingdom who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005.
The following outline is provided as an overview of and topical guide to transgender topics.
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.
Stephen Thomas Whittle, is a British legal scholar and activist with the transgender activist group Press for Change. Since 2007, he has been Professor of Equalities Law in the School of Law at Manchester Metropolitan University. Between 2007 and 2009, he was president of the World Professional Association for Transgender Health (WPATH). Having been assigned female at birth, he is described as "a radical lesbian before his sex change and now a leading commentator on gender issues", who after the Gender Recognition Act 2004 came into force in April 2005, achieved legal recognition as a man and so was able to marry his female partner.
The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.
Corbett v Corbett (otherwise Ashley) is a 1970 family law divorce case heard between November and December 1969 by the High Court of England and Wales in which Arthur Corbett sought annulment of his marriage to April Ashley. Corbett (the husband) had known at the time of the wedding that Ashley (the wife) had been registered male at birth and had undertaken sex-reassignment surgery. However, after the relationship had broken down, Corbett sought to end the marriage, his legal ground for doing so being that the marriage had been invalid, as Ashley was of the male sex.
The rights of lesbian, gay, bisexual, and transgender (LGBTQ) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay and bisexual rights are considered to be advanced by international standards.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".
Christine Burns is a British political activist best known for her work with Press for Change and, more recently, as an internationally recognised health adviser. Burns was awarded an MBE in 2005 in recognition of her work representing transgender people. In 2011, she ranked 35th on The Independent on Sunday's annual Pink List of influential lesbian, gay, bisexual, and transgender people in the United Kingdom.
Lydia Annice Foy is an Irish trans woman notable for leading legal challenges regarding gender recognition in Ireland. In 1992, Foy had sex reassignment surgery, and began a 20-year battle to have her birth certificate reflect her gender identity. In 2007, the Irish High Court ruled that the relevant portions of the law of the Republic of Ireland were incompatible with the European Convention on Human Rights, but by February 2013 the law had not been changed and she began new legal proceedings to enforce the 2007 decision. As of 15 July 2015, Ireland has passed the Gender Recognition Bill 2014.
P v S and Cornwall County Council was a landmark case of the European Court of Justice (ECJ) which extended the scope of sex equality to discrimination against transsexuals.
Transgender rights in Australia have legal protection under federal and state/territory laws, but the requirements for gender recognition vary depending on the jurisdiction. For example, birth certificates, recognised details certificates, and driver licences are regulated by the states and territories, while Medicare and passports are matters for the Commonwealth.
Multiple countries legally recognize non-binary or third gender classifications. These classifications are typically based on a person's gender identity. In some countries, such classifications may only be available to intersex people, born with sex characteristics that "do not fit the typical definitions for male or female bodies."
Transgender rights in the United Kingdom have varied significantly over time.
The legal and regulatory history of transgender and transsexual people in the United States begins in the 1960s. Such legislation covers federal, state, municipal, and local levels, as well as military justice. It reflects broader societal attitudes which have shifted significantly over time and have impacted legislative and judicial outcomes.
Gender self-identification or gender self-determination is the concept that a person's legal sex or gender is determined by their gender identity without any medical requirements, such as via statutory declaration.
The Gender Recognition Reform (Scotland) Bill is a bill passed by the Scottish Parliament. The bill seeks to amend the Gender Recognition Act 2004 of the Parliament of the United Kingdom, making it simpler for people to change their legal gender. On 17 January 2023, the United Kingdom government used section 35 of the Scotland Act 1998 to block the bill from receiving royal assent, the first time section 35 has been used.
Legal gender, or legal sex, is a sex or gender that is recognized under the law. Biological sex, sex reassignment and gender identity are used to determine legal gender. The details vary by jurisdiction. Legal gender identity is fundamental to many legal rights and obligations, including access to healthcare, work, and family relationships, as well as issues of personal identification and documentation. The complexities involved in determining legal gender, despite the seeming simplicity of the underlying principles, highlight the dynamic interaction between biological characteristics, self-identified gender identity, societal norms, and changing legal standards. Because of this, the study of legal gender is a complex field that is influenced by cultural, historical, and legal factors. As such, a thorough investigation is necessary to fully understand the subject's implications and breadth within a range of legal systems and societies.
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