A Guide for Churches to The Gender Recognition Act (UK)
The Gender Recognition Act came fully into force in 2005 and permits people who wish to change their legal gender to obtain new birth certificates and be treated legally in line with their new presenting identities. The Act effectively confers rights on transsexual people not to be discriminated against as a result of their changed status. The Alliance, working with the Government, was successful in gaining important exceptions in the Act which now allow a minister of religion not to have to marry someone they suspect could be of a different biological sex to their presenting gender. There were also complex regulations relating to disclosure of transsexual identity, and though significant concessions were gained, it should be noted that churches are not exempt from potential offences incurring substantial fines.
The Evangelical Alliance’s previous publication, Transsexuality, in 2000, examined the nature and validity of claims by people to have been ‘born into the wrong body’. Since there is little general awareness of this complicated legislation as well as minimal understanding of the pastoral implications of gender dysphoria, this new booklet gives a much briefer overview of the subject, although it is considerably updated. It assesses the potential impact of the Gender Recognition Act, especially on third parties. In particular, it draws attention to the need for churches and others to understand the implications for religious liberty of this obscure piece of legislation which may well come increasingly to affect the ways in which they operate, not least with regard to marriage.
Since in the future it is conceivable that tribunals and courts may require evidence of considered and agreed church and organisational policy on transsexuality (and it should be noted that some non-evangelical churches do not accept the position adopted in this booklet) we are recommending that you consider whether it might be appropriate formally to amend constitutions or trust deeds, or perhaps minute agreed policy statements for use in case of need.
Transsexual people are increasingly becoming involved with churches and you may need assistance and advice. If so, please do not hesitate to get in touch with our Public Affairs department who are recognised experts in this complex field.
The guide is available for £5 per copy from the Evangelical Alliance in London and can be purchased over the phone. Tel: 020 7207 2100.
