Gender Diversity, Recognition and Citizenship

Lead Research Organisation: University of Leeds
Department Name: Sociology & Social Policy

Abstract

Abstracts are not currently available in GtR for all funded research. This is normally because the abstract was not required at the time of proposal submission, but may be because it included sensitive information such as personal details.

Publications

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Description The research indicated that the Gender Recognition Act (GRA)brings a significant challenge to a biological model of gender, which presumes a fixed relationship between sex and gender identity. The legislation also detaches recognition from the requirement of surgical intervention; bringing a more complex framework for understanding gendered embodiment. Moreover, the GRA brings legal recognition that gender identification may shift across the life course. Yet, the extent to which gender identity may be fluidly experienced is limited; for example, the GRA demands that a successful applicant' intends to continue to live in the acquired gender until death' (Gender Recognition Act, 2004). Thus those who do not firmly and permanently identify and present as male or as female are not covered by the new framework of gendered citizenship. The research suggests, then, that a gender binary model (male/female) remains unchanged by the GRA. (Re: Hines, S. (2009) 'A Pathway to Diversity?: Human Rights, Citizenship and Politics of Transgender' Contemporary Politics. 15.1: 87-102)

While the GRA marks a departure from traditional medical discourse and practice whereby genital reassignment surgery was understood as curative, medical perspectives continue to resonate. An applicant must have, or have had, 'gender dysphoria', which is understood as symptomatic of 'gender identity disorder' and remains a listed category in the DSM. Thus, 'transgender' remains medicalised through the legal criterion for gender recognition. The research suggests, then, that there exist both continuities and changes to medical understandings and practices. (Re: Hines, S. (2010) 'Sexing Gender/Gendering Sex: Towards an Intersectional Analysis of Transgender' in Y. Taylor, Y., S. Hines and M. Casey (eds.) Theorising Intersectionality and Sexuality, Palgrave MacMillan. In Press.)

Significantly, the GRA allows a more nuanced understanding of the relationship between sex, gender and sexuality. Dominant configurations of a 'heterosexual matrix, which assumes correlation between the male or female sexed body, gender identity and sexual desire, are fractured by the law's recognition that these variables may be ambiguous. The research indicates, however, that the demand that existing marriages be annulled means that the GRA fails to fully take account of the complexities of, and between, gender, sexuality and intimacy. Further, while couples may register for a civil partnership after divorce, the law carries a set of assumptions about gender and sexuality, and intimate relationships, which are constructed through a hetero/homo binary; one can be heterosexual (marry) or homosexual (civilly partner). So while the GRA aims to protect the 'right to a family' (ECHR, A.8), the research suggests that it enforces inequality for those who are married or whose sexualities or intimate relationships transgress the homo/hetero binary. (Re: Hines, S. (2009) '(Trans)Forming Gender: Social Change and Transgender Citizenship' in H. Oleksy, et al. Intimate Citizenship: Gender, Sexuality, Politics, Routledge.)

The research suggests that the aforementioned complexities impact on trans people's experiences of 'recognition' and variously shape the extent to which they view the GRA as significantly enabling an innovative citizenship framework. While the GRA represents a significant legal moment in the decoupling of sex and gender, the influence of medical discourse and practice, particularly in relation to the evidence based criteria, and the divorce clause, enacts an inconsistent framework of rights and enforces inequalities in the accessing of such rights. (Re: 'Recognising Diversity? Transgender Citizenship and the Gender Recognition Act' in S. Hines and T. Sanger, (eds.) (2010) Transforming Sociology: Towards a Social Analysis of Gender Diversity, Routledge.)
Exploitation Route Findings fed into a community-based review of the Gender Recognition Act, which developed recommendations for review of the legislation.
Sectors Communities and Social Services/Policy,Education

 
Description Scientific Impacts 14 papers from the project have been presented at national and international conferences and seminar series'. The project has led to several publications. Two of these are peer reviewed journal articles: Hines, S. (2009) 'A Pathway to Diversity?: Human Rights, Citizenship and Politics of Transgender' Contemporary Politics. 15.1: 87-102; Hines, S. (2010) 'Queerly Situated: Exploring Constraints and Negotiations of Trans Queer Subjectivities', Special Issue of Gender, Place and Culture: Towards a Trans Geography, Browne, K., Hines, S. and Nash, c. (eds.). Three of the publications are book chapters: Hines, S. (2009) '(Trans)Forming Gender: Social Change and Transgender Citizenship' in H. Oleksy, et al. Intimate Citizenship: Gender, Sexuality, Politics, Routledge; Hines, S. (2010) 'Recognising Diversity? Transgender Citizenship and the Gender Recognition Act' in S. Hines and T. Sanger (eds.) (2010) Transforming Sociology: Towards a Social Analysis of Gender Diversity, Routledge; Hines, S. (2010) 'Sexing Gender/Gendering Sex: Towards an Intersectional Analysis of Transgender' in Y. Taylor, Y., S. Hines and M. Casey (eds.) Theorising Intersectionality and Sexuality, Palgrave MacMillan. In Press. A sole authored book based on the project has been contracted and is in preparation for submission to Palgrave Macmillan: Hines, S. (forthcoming, 2011)'Gender Diversity, Recognition and Citizenship: Towards a Politics of Difference', Palgrave Macmillan. Societal Impacts The PI has discussed the research with The Equalities and Human Rights Commission and the Government Equalities Office. Findings of the research are to feed into the EHRC's 'Equality Measurement Framework'. Alongside transgender activists, members of Parliament are currently lobbying the UK Government for the GRA to be extended to include people who do not identify as male or female. Similarly the legal recognition of non-gendered identity is being raised within the European Union. The research findings fed into reports submitted to the UK Government and European Commission. A research report was distributed to key stakeholders including: The Equalities and Human Rights Commission; Amnesty International; Equalities Network; Press for Change; Scottish Transgender Alliance, and relevant public and third sector organisations. It was widely distributed to user groups in the UK, Europe and internationality.
First Year Of Impact 2009
Sector Communities and Social Services/Policy,Education
Impact Types Societal