Sir, – It is regrettable that on the same day Government published details of its proposed marriage equality referendum in the Dáil, Joan Burton introduced its Gender Recognition Bill to the Seanad ("Tánaiste says recognition of transgender identity a sign of growing maturity", January 22nd).
The Government proposes to grant the right to marry to same-sex couples while simultaneously proposing that transgender people be forced to divorce.
This is because its fears that giving gender recognition to trans people who are still married will lead to the introduction of same-sex marriage by the back door.
In the Dáil debate last year and in the Seanad recently, all the TDs and all but one of the Senators who spoke pointed out the Bill’s failings. The dissenting Senator did not seem to disagree with the others but merely expressed the hope that the faults in the legislation could be worked out in time. Nevertheless, Ms Burton ignores all of this and ploughs on regardless.
This Bill does nothing for the trans children who are already marginalised and bullied in our schools and in society. Trans children exist whether Government or indeed our society wants to acknowledge that fact.
Trans adults are required to get a psychiatrist or endocrinologist to confirm legally that they are who they say they are. Is this not reminiscent of the treatment of gay and lesbian people 30 years ago?
Most objectionable is the Bill’s forced divorce requirement. In Article 41 of our Constitution, the State guarantees to protect the family; it pledges to guard the institution of marriage.
There is no proviso in the Constitution that suggests these clauses should not apply if one of the spouses to a marriage is transgender! How does the State meet these constitutional obligations when demanding that trans people divorce to achieve recognition of their identity?
We are talking about forced divorce in a country where divorce did not even exist 20 years ago.
Trans voices have been largely ignored by Government in the preparation of this Bill which deals with our rights. Trans people represent a very small part of society but is that any reason why our rights should continue to be denied by Government?
It is truly historic that every Government TD and Senator support the right of same-sex couples to marry. But perhaps someone could then explain why each and every one of these politicians will also support the introduction of forced divorce for trans people. Government has already acknowledged that it is a human right of any person to have their gender legally recognised.
This right should not be contingent on a couple who do not want to get divorced being forced to do so.
Successive Governments have made trans people wait 21 years for legal recognition. Now that they have finally agreed to uphold our human rights, they attach conditions.
This Government should not feel pride with the introduction of this legislation. Instead, it should feel shame. – Yours, etc,
VICTORIA MULLEN,
Dublin 24.