Gender Recognition Act 2004 - Concerns Regarding Marriages and Civil Partnerships

Concerns Regarding Marriages and Civil Partnerships

Concerns about the act have been raised by supporters of transsexual rights, particularly regarding marriages and civil partnerships. The act requires people who are married to divorce or annul their marriage in order for them to be issued with a Gender Recognition Certificate. Some parliamentarians, such as Evan Harris, viewed this requirement as inhumane and destructive of the family. MP Hugh Bayley said in the commons debate "I can think of no other circumstance in which the state tells a couple who are married and who wish to remain married that they must get divorced". Despite this opposition, the government chose to retain this requirement of the Bill. Parliamentary Under-Secretary for Constitutional Affairs, David Lammy, speaking for the Government, said ‘"it is the Government's firm view that we cannot allow a small category of same-sex marriages"

Although the Civil Partnership Act 2004 allows the creation of civil partnerships between same sex couples, a married couple that includes a transgendered partner cannot simply re-register their new status. They must first have their marriage dissolved, gain legal recognition of the new gender and then register for a civil partnership. This is like any divorce with the associated paperwork and costs. Once the annulment is declared final and the GRC issued the couple then have to make arrangements with the local registrar to have the civil partnership ceremony; they have four weeks grace. The marriage is ended and a completely new arrangement brought into being which does not in all circumstances (such as wills) necessarily follow on seamlessly (or even contemporaneously).

Tamara Wilding of the Beaumont Society pressure group said that it was "not fair that people in this situation should have to annul their marriage and then enter a civil partnership. The law needs tidying up. It would be easy to put an amendment in the civil partnership law to allow people who have gone through gender-reassignment, and want that to be recognised, to have the status of their relationship continued." As discussed above parliament has already chosen not to do this, a legal viewpoint supported by others, such as barrister Karen Brody, who have argued that a change in the law isn't necessary. From a legal perspective this may be true as most of the benefits of marriage are available to the couple under a Civil Partnership. However, the emotional stress caused is immeasurable as in the case of a Scottish couple.

The Equality and Human Rights Commission (EHRC) appreciates the challenges to married transsexual people and their partners presented by Schedule 2 of the Act and in a recent submission to government they recommend

“The government amends the Gender Recognition Act to allow for the automatic conversion of a marriage into a civil partnership upon one member of the couple obtaining a gender recognition certificate”.