Introduction to Trans equality

Brief Glossary of Terms

Cisgender

A term used to describe people who are not transgender. Cisgender is based on the Latin prefix cis which means ‘on this side of’. The Latin prefix trans means ‘across from’ or ‘on the other side of’.

Gender

Gender refers to the cultural and social distinctions between men and women. It consists of three related aspects: a society’s constructed gender roles, norms and behaviours which are essentially based on the sex assigned at birth; gender identity, which is a person’s internal perception of their identity; gender expression, which is the way a person lives in society and interacts with others. Gender does not necessarily represent a simple binary choice: some people have a gender identity that cannot be defined simply by the use of the terms woman or man.

Gender expression

While gender identity is subjective and internal to the individual, gender expression refers to all of the external characteristics and behaviours that are socially defined as either masculine or feminine, such as clothing, hairstyle, make-up, mannerisms, speech patterns and social interactions.

Typically, trans people seek to make their gender expression match their gender identity, but this is not always possible. It is best practice to not assume someone’s gender identity on the basis of their gender expression.

Gender reassignment

The legal term used in the Equality Act to describe the protected characteristic of anyone who ‘proposes to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex’.

Non-binary

Non-binary is used to refer to a person who has a gender identity which is in between or beyond the two categories ‘man’ and ‘woman’, fluctuates between ‘man’ and ‘woman’, or who has no gender, either permanently or some of the time. People who are non-binary may have gender identities that fluctuate (genderfluid), they may identify as having more than one gender depending on the context (eg bigender or pangender), feel that they have no gender (eg agender, non-gendered), or they may identify gender differently (eg third gender, genderqueer).

Pronoun

A pronoun is the term used to refer to somebody for example she/her/hers/herself or he/him/his/himself. Gender-neutral. pronouns include they/them/their/themselves | Per(person)/pers/perself | Xe/ hir/ hirs/ hirself.

Trans and transgender

Trans and transgender are inclusive umbrella terms for people whose gender identity and/or gender expression differs from the sex (male or female) they were assigned at birth. The term may include, but is not limited to, trans men and women, non-binary people and dual role people.

Transphobia

Transphobia is a term used to describe the fear, anger, intolerance, resentment and discomfort that some people may have as a result of another person being trans. This can result in discrimination, harassment, victimisation and hate crime.

What does the law say?

Equality Act 2010

The Equality Act 2010 applies to England, Scotland and Wales. Gender reassignment is one of nine protected characteristics under the act. The protected characteristic of gender reassignment applies to a person who

  • ‘proposes to undergo,
  • is undergoing or,
  • has undergone,

a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex. Gender reassignment is a personal process rather than a medical process. Protection applies from the moment the person indicates their intention to start the reassignment process, even if they subsequently change their mind. The act does not require someone to undergo medical treatment in order to be protected’.

The anti-discriminaton protections relate to employment, education, and the provision of goods and services.

Gender Reassigment Act 2004

Under the Gender Recongition Act a Trans person can apply to have their legal sex officially changed. To qualify, an applicant must have lived in their self-identified gender for at least 2 years. If successful all records of the individuals previous gender will be changed, including their birth certificate. Specific data protection rules will apply to all records which include the previous gender or that relate to the fact the individual has changed their gender.

Brief Trans Timeline

1960

April Ashley, born in Liverpool in 1935, arrives in Casablanca on 12 May, where she is one of the first people in the world to undergo pioneering gender reassignment surgery.

1971

The Corbett v Corbett case, involving April Ashley, establishes the precedent that a person's sex could not legally be changed from what it was at birth.

1999

The Sex Discrimination (Gender Reassignment) Regulations 1999 make it illegal for employers to discriminate against someone who intends to, is, or has undergone gender reassignment.

2000

The Transgender Pride flag was first shown, at a pride parade in Phoenix, Arizona.

2004

The Gender Recognition Act (2004) allows transgender people to change their legal gender with a new birth certificate.

2010

The Equality Act consolidates all previous anti-discrimination law and codifying the protected characteristic of “Gender Reassignment”. This outlaws discrimination in employment, education, and goods and service.