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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 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.
Transgender rights in Canada, including procedures for changing legal gender and protections from discrimination, vary among provinces and territories, due to Canada's nature as a federal state. According to the 2021 Canadian census, 59,460 Canadians identify as transgender. Canada was ranked third in Asher & Lyric's Global Trans Rights Index in 2023.
A deed of change of name is a legal document used in the United Kingdom, Ireland and some other countries with legal systems based on English common law, to record an intended change of name by a person or family. It is one use of a deed poll.
In the United States, the rights of transgender people vary considerably by jurisdiction. In recent decades, there has been an expansion of federal, state, and local laws and rulings to protect transgender Americans; however, many rights remain unprotected, and some rights are being eroded. Since 2020, there has been a national movement by conservative/right-wing politicians and organizations to target transgender rights. There has been a steady increase in the number of anti-transgender bills introduced each year, especially in Republican-led states.
The U.S. state of New York has generally been seen as socially liberal in regard to lesbian, gay, bisexual, and transgender (LGBT) rights. LGBT travel guide Queer in the World states, "The fabulosity of Gay New York is unrivaled on Earth, and queer culture seeps into every corner of its five boroughs". The advocacy movement for LGBT rights in the state has been dated as far back as 1969 during the Stonewall riots in New York City. Same-sex sexual activity between consenting adults has been legal since the New York v. Onofre case in 1980. Same-sex marriage has been legal statewide since 2011, with some cities recognizing domestic partnerships between same-sex couples since 1998. Discrimination protections in credit, housing, employment, education, and public accommodation have explicitly included sexual orientation since 2003 and gender identity or expression since 2019. Transgender people in the state legally do not have to undergo sex reassignment surgery to change their sex or gender on official documents since 2014. In addition, both conversion therapy on minors and the gay and trans panic defense have been banned since 2019. Since 2021, commercial surrogacy has been legally available within New York State.
Illinois is seen as one of the most progressive states in the U.S. in regard to lesbian, gay, bisexual, and transgender (LGBT) rights and often viewed as one of the most liberal states in the Midwestern United States. Same-sex sexual activity has been legal since 1962, after Illinois became the first U.S. state to repeal its sodomy laws. Same-sex marriage was banned by statute in 1996, but has since been legalized after a law allowing such marriages was signed by Governor Pat Quinn on November 20, 2013 and went into effect on June 1, 2014. Civil unions have been recognized since 2011, and same-sex couples are also allowed to adopt. Additionally, discrimination on the basis of sexual orientation and gender identity is banned in employment, housing, credit and public accommodations, and conversion therapy on minors has been outlawed since 2016.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Kansas have federal protections, but many face some legal challenges on the state level that are not experienced by non-LGBT residents. Same-sex sexual activity is legal in Kansas under the US Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy laws that only apply to same-sex sexual acts. The state has prohibited discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations since 2020. Proposed bills restricting preferred gender identity on legal documents, bans on transgender people in women's sports, bathroom use restrictions, among other bills were vetoed numerous times by Democratic Governor Laura Kelly since 2021. However, many of Kelly's vetoes were overridden by the Republican supermajority in the Kansas legislature and became law.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Guam have improved significantly in recent years. Same-sex sexual activity has not been criminalized since 1978, and same-sex marriage has been allowed since June 2015. The U.S. territory now has discrimination protections in employment for both sexual orientation and gender identity. Additionally, federal law has provided for hate crime coverage since 2009. Gender changes are legal in Guam, provided the applicant has undergone sex reassignment surgery.
The Alteration of Sex Description and Sex Status Act, 2003 is a South African Act of Parliament which allows a person to change, under certain conditions, their sex recorded in the population registry.
Transgender disenfranchisement is the prevention by bureaucratic, institutional and social barriers, of transgender individuals from voting or participating in other aspects of civic life. Transgender people may be disenfranchised if the sex indicated on their identification documents does not match their gender presentation, and they may be unable to update necessary identity documents because some governments require individuals to undergo sex reassignment surgery first, which many cannot afford, are not medical candidates for, or do not want.
Discrimination against non-binary people, people who do not identify exclusively as male or female, may occur in social, legal, or medical contexts.
Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals that, according to the United Nations Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies".
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.
Transgender and non-binary people in New Zealand face discrimination in several aspects of their lives. The law is unclear on the legal status of discrimination based on gender identity, and also for intersex people.
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."
A citizen of Ireland is legally permitted to change the designation of their gender on government documents through self-determination. In 2015, Ireland was the fourth state in the world to permit such alterations to government documents. By May 2017, 230 people had been granted gender recognition certificates under the law. Section 16 of the Act entitles the holder of a gender recognition certificate to apply to have the certificate amended if there is a clerical error or an error of fact in the content of the certificate. Two such corrections have been made since commencement of the Act.
Gender self-identification 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.
On 15 July 2015, the Irish Oireachtas passed the Gender Recognition Act 2015, which permits Irish citizens to change their gender on government documents through self-determination. The law does not require any medical intervention by the applicant nor an assessment by medical professionals. Such changes are possible through self-determination for any person aged 18 or over who is ordinarily resident in Ireland and/or registered on Irish registers of birth or adoption. Persons aged 16 to 18 years must secure a court order to exempt them from the normal requirement to be at least 18.
References
- ↑ Gandhi, Dhruva; Ghia, Unnati (5 August 2019). "Transgender Rights Bill: A Stunted Understanding of Gender and Equality". The Wire . Archived from the original on 2 August 2019. Retrieved 17 August 2019.
- ↑ Karpagam, Sylvia (30 December 2018). "Why Transgender Persons Bill 2018 is a healthcare nightmare for the community". The News Minute. Archived from the original on 17 August 2019. Retrieved 17 August 2019.
- ↑ Hofflich, Jessica (20 July 2015). "Ireland passes bill allowing gender marker changes on legal documents". GLAAD. Archived from the original on 10 September 2015. Retrieved 12 September 2015.