Thu, Apr. 3rd, 2014, 10:00 am
The Other Spousal Veto

The other Sarah has dug out some revealing statistics from the Ministry of Justice.

The first statistic is interesting, but probably not that surprising for anyone involved in trans activism. There is a clause in the Gender Recognition Act 2004 that allows the Secretary of State to refer to the courts any case where they believe gender recognition might have been obtained fraudulently. Despite the fact that the Gender Recognition Panel (GRP) insist on documentary evidence that someone transitioned at least two years ago, that they provide letters from two doctors on the GRP’s list of approved doctors and up until now, that they divorce, there was still a fraud clause included in the act just in case.

No case has even made it as far as a referral to the courts due to fraud, which rather takes the wind out of the sails of anyone suggesting gender recognition is too easy to obtain, or that people do it because they want to commit fraud. (You can change your name without also changing your gender, anyway)

The second statistic is rather more worrying, however. Many people will know about the spousal veto included in the Same-Sex Marriage Act that allows spouses to de facto veto gender recognition of even an estranged partner. But there is an older spousal veto: Section 12(h) of the Matrimonial Causes Act, which was inserted by the Gender Recognition Act way back in 2004.

It was always thought that this clause, which allows someone to void their marriage if they find out their partner had obtained legal gender recognition prior to the marriage, was largely theoretical. There are some safeguards – there’s a time limit of three years after marriage to annul unless you get special permission from a judge, and it only applies if you didn’t know your spouse had a Gender Recognition Certificate. (This last point is a little tricky, because it’s hard for someone who is not out to prove they told their spouse something so it’s likely to descend into a case of he-said-she-said in court)

As with the spousal veto, this is just another case of the law feeling it needs to create special cases surrounding trans folk when the normal divorce process would have been just fine.

Unfortunately, it turns out not to be so theoretical after all. As a result of the Freedom of Information request, we now know that at least 13 marriages have been annulled because the spouse claimed not to have known their partner had a GRC. The reason is only recorded in 60% of cases, so the actual figure is higher – 21 or 22 cases in total, which is two or three cases a year.

So that’s yet another way in which trans folk have less rights in marriage than everyone else.

Equal marriage? I wish.

Originally posted at Complicity.

Wed, Mar. 12th, 2014, 10:30 am
BBFC “porn” block appeals: Operators consider Girl Guides pornographic

The British Board of Film Classification (BBFC) operate an appeals system for over or under blocking of web content, following the implementation of Perry & Cameron’s Porn Filters. The appeals system is designed for cases where there is some dispute between operators and site owners about the blocking of sites.

Usefully, the BBFC have just published a report about which disputes they had to adjudicate on. So, what sites are tricky enough to handle that they needed external input from a regulator?

Firstly, cases of over-blocking:

  • A number of abortion related websites. Although “controversial for some“, the BBFC “found no content which we would classify at 18 or R18“.
  • A website that sells office supplies. The BBFC “found no content on the site which we would classify at 18 or R18.”
  • A web site about studying or working abroad. The BBFC “found no content on the site which we would classify at 18 or R18“.
  • A tool for generating passwords. The BBFC “found no content on the site which we would classify 18 or R18“.
  • A tool to help carers. The BBFC “found no content on the site which we would classify 18 or R18“.
  • Information related to motor insurance. The BBFC “found no content on the site which we would classify 18 or R18“.
  • The Girl Guides (!) web site. The BBFC found no content on the site which… well, you get the idea.

And there was one case of underblocking, of a site containing elements “encouraging members to post pictures of people they would rape, described as a ‘Rape Gallery’, alongside written comments about raping these individual.

Unsurprisingly, the BBFC “concluded that it would be classified at least 18 or R18, and might potentially be refused classification.

The remaining three cases were queries by operators, two in what appear to be a genuinely marginal case of “is this 18-rated porn” and one asking if they should be blocking a site on assisted suicide or not. So in at least some instances the operators acted responsibly, in the others…

…well, I’d love to see the support ticket where some poor helpdesk staff member had to justify blocking an office supplies website. I can only assume at least one mobile operator has an internal appeals policy that can be summarised by “LALALA, I’M NOT LISTENING”.

Originally posted at Complicity.

Tue, Jan. 28th, 2014, 02:48 pm
More on the relationship between Stonewall and the trans communities

The departure of Ben Summerskill from Stonewall has renewed the age-old discussion about the relationship Stonewall has with trans folk. This is partially because the acting Chief Executive, Ruth Hunt, is known to be more trans-friendly but also due to an article written by Sarah Brown for Pink News. I’ve seen a few responses to this from the gay community, some of which are in the comments to the Pink News post – such as one person saying including the T in Stonewall would be “like having a blind man in a deaf support group“. The letter that Sarah published from a “Mr. W” is a good summary of the issues as seen from a gay cis (i.e. non-trans) male standpoint, so I’ll use that as a framework.

Firstly, who are Stonewall in this context? They are not the same organisation as Stonewall Housing or Stonewall Scotland, both of whom are trans-inclusive. The reason for the common name is that several organisations have named themselves after the Stonewall riots of 1969. Most narratives have the riots being started as a result of police harassment of trans women and cross-dressers, so the fact Stonewall use that name but don’t include trans issues generates friction from the outset.

It really should not be surprising then that there was the 2008 protest outside the Stonewall awards when noted transphobe Julie Bindel was up for an award: She was being nominated for an award in the name of riots started due to oppression of trans folk.

What Stonewall do campaign for is same-sex relationships, i.e. mostly focused on gay and lesbian issues, although bisexual folk such as myself do get a look-in as long as we’re in a same-sex relationship.

So, on to the letter Sarah published:

As far as I am aware from speaking to some of my trans friends, most believe that they are the sex that they wish to be transitioned to and they want usually to date people of the opposite sex. Its rare a man changes to woman and then dates a woman and the same goes for women wishing to do the same. Most trans people do not believe that they are gay and therefor I fail to see what the gay scene can offer them.

Research suggests that less than half of trans folk are heterosexual post-transition – some people are simply asexual, but there are as many people that identify as bisexual or homosexual post-transition as straight. It’s a common enough misconception though, because trans folk needed to fit a certain erroneous narrative in days gone by in order to access medical care but those dark days are now mostly behind us.

Regardless, there has always been a huge crossover. Many straight trans women started out as effeminate gay men or as cross-dressers, and many trans men started off within the lesbian scene. People’s identities may change, but they will still retain links with activist groups they used to be or continue to be members of. And homophobia, biphobia and transphobia all have common roots: “We don’t like people who transgress gender norms.”

There are some people who may never have identified with the LGB community in any way – either because they are straight and transitioned young before sexuality was an issue, or went from being heterosexual pre-transition to being heterosexual post-transition. But this is rare.

It is about time some one with your influence created an established advice line for trans people run by trans people, so that the right information can be given and when problems need to be talked over there is an adviser who will understand more closely what experiences the person have been through.

Stonewall and other gay charities raise most of the money through the gay, lesbian and bi volunteers collecting money and in this austere time it does not go far, they need that money for its intended purpose i.e to counsel and advise people in same sex relationships and safer sex.

…and this is really the big issue. Stonewall and the Lesbian and Gay Foundation soak up the lion’s share of funding aimed at the LGBT+ community, and until recently the lion’s share of lobbying time. Despite Stonewall being quite clear they don’t cover trans issues, people feel by consulting with or funding Stonewall in particular that they’ve “ticked the boxes” for the LGBT community and move on to other things. Even the Court of Appeal make this mistake: a judgement published just today on the “gay cure” bus adverts refers to “Stonewall, an organisation that works for equality and justice for lesbians, gay men, bisexuals and transgender individuals.

This leaves trans helplines, of which there have been a few, with little funding and even less access to publicity. This isn’t Stonewall’s fault, it’s a genuine misunderstanding on their part, but more needs to be done to ensure bisexual and trans campaigners and support groups get publicity.

As an aside, I’ll note the trans community isn’t immune from criticism in this regard. As I understand it, trans lobbyists pointed out to the Civil Service that the Gender Recognition Act 2004 would have a negative impact on intersex individuals but the Civil Service failed to actually talk to anyone suitable because it wasn’t pushed hard enough. When dealing with slow, bureaucratic organisations there is a tricky balance to be struck between being too passive and saying simply “we don’t do this” and inappropriate “white knighting”, i.e. speaking on behalf of people you shouldn’t.

Historically, Stonewall have managed to end up heavily on whichever side of that balance is worst for the trans community at that moment in time, but I am hopeful that will change.

Originally posted at Complicity.

Thu, Jan. 16th, 2014, 11:29 am
Hairline surgery

As promised many months ago, here is a blog post on my hairline surgery. It's long and it's very image intensive, so it's behind this cut.Collapse )

Mon, Jan. 13th, 2014, 11:30 am
“X” gender markers on passports (Again)

Long term readers may remember I have written before about the possibility of X (“Unspecified”) gender markers on passports. It looked like we were getting somewhere on this, until in the middle of last year the Identity and Passport Service decided it was too difficult, and refused.

Thanks to the work of Christie Elan-Cane, the issue is not dead yet. There is an Early Day Motion doing the rounds on this topic, number 907.

If your MP hasn’t signed yet, why not ask them to put their name to it?

You can use WriteToThem to find out who your MP is and contact them directly from the web site.

Originally posted at Complicity.

Mon, Jan. 13th, 2014, 09:30 am
Unnecessary calls for voter ID in the UK

In the news last week were reports that the Electoral Commission wants to introduce mandatory photo ID before people can vote in England, Wales and Scotland. (It’s already a requirement in Northern Ireland)

The obvious reason for wanting to do this is an attempt to reduce electoral fraud in the UK, which is laudable. (For those not familiar with UK elections, the current system means you can only vote in one location, and your name is crossed off the list once you’ve voted, preventing voting twice)

But there are always drawbacks. In this case, two – firstly, the obvious that you get with nearly any measure is that it will cost. In order for this to work, the Electoral Commission or Returning Officers locally would need a process of issuing electoral ID to anyone who does not have a driving license or passport.

The second drawback is the one that is of more concern, and that is disenfranchisement. It is far more likely that marginalised groups will not have a driving license or passport, or have changed their name recently via marriage, or have a name that doesn’t translate into English consistently, which could cause problems matching up ID with voter records.

So, do the benefits of introducing voter ID outweigh the problems? It would seem not.

Widespread voter fraud does get detected in a number of ways by those involved in the process, such as individuals being seen voting more than once, people attempting to vote twice, (Once legitimately, once fraudulently by an imposter) known deceased people voting and so on. Despite this, only 25 allegations of voter impersonation at a polling stations were recorded by the Electoral Commission in 2012. (PDF Link, see paragraph 1.16) 19 of those related to one specific area, Peterborough. The Electoral Commission also highlights that none of these cases had any influence on any election result.

You’d not know this from reading press coverage, as news outlets list all electoral fraud, not cases that would have been stopped by mandatory voter ID. The Daily Mail is, unsurprisingly perhaps, the worst at this, with four of the five cases they listed having nothing to do with voter impersonation at polling stations. The fifth case involved corrupt polling station staff, so requiring polling station staff to check ID would not have helped. But it was not just the Daily Mail, as Channel 4 news also fell into this trap, citing the 2004 case in Birmingham which was down to postal vote fraud, not in-person fraud.

So why the push for ID? The Guardian gives us a clue, stating “tightening of the rules is necessary to restore public confidence following fears of ballot-rigging“. But we need to turn to the Electoral Commission’s own paper on the issue (PDF link, paragraphs 3.28 onwards) for the full story. They are pushing for ID checks for voters not because of fraud or even because they think it will have any impact on fraud, but purely because asking leading questions suggests the public think it will reduce fraud.

I would rather the Electoral Commission spent the money on voter education, rather than fixing a problem we don’t have and inevitably creating new problems.

Originally posted at Complicity.

Thu, Dec. 19th, 2013, 04:17 pm
The Porn Block Fiasco goes mainstream

The knowledge that attempting to block porn on the internet is bound to backfire has now gone mainstream. (BBC News, Telegraph) Well, there’s a temptation to say “we told you so”, because we did. Repeatedly.

So far, sites we know that are subject to overblocking on either TalkTalk and BT include BishUK (a sexual education site for teenagers), LGBTfriend, Edinburgh Women’s Rape and Sexual Abuse Centre, Sexual Abuse Scotland, Doncaster Domestic Abuse Helpline and Reducing The Risk (Another domestic abuse help site).

At the same time, the filters failed to do what they were supposed to – when BBC Newsnight tested on TalkTalk, 7% of porn sites were still accessible.

The trouble is one of resource – the same problem that makes “Report Abuse” buttons problematic. As of the end of 2012, there were over 600 million web sites on the internet. We’re probably over a billion by now.

If all 2,500 TalkTalk employees spent their entire time checking web sites, averaging one minute per site to classify it, it would still take over three years to check a billion web pages – by which time there would be another billion sites to check. You can filter this some as only around a third to a quarter of sites have unique content, but even with 2,500 staff you’ll never be able to keep up with new content.

The solution will inevitably involve technology, perhaps with some human input for the top 0.01% of sites. (One person can probably get through that much in about a year) But it’s only in the last three or four years that the so-called Scunthorpe Problem has been mostly solved, with notable recent relapses including Virgin Media censoring TV programme descriptions in 2011 if they included “anal” (As in “Arsenal”) and “dick”. (As in Dickens)

Given these problems, is it any wonder that automated filters are going to get it wrong spectacularly often? It doesn’t help that the whole system is shrouded in secrecy, with no notification of blocking, no way of checking what sites are being blocked and no clear appeals process.

The problems with such systems have been well known within the industry for years, which will have been a large reason why ISPs resisted implementing these filters and only did so under pressure from government ministers.

Oh, and as to the most serious problems facing children on the internet – Grooming, Cyberbullying, etc? Filters don’t help there at all.

Originally posted at Complicity.

Thu, Nov. 28th, 2013, 11:32 am
The slippery slope to political Internet censorship

It has been revealed today that Cameron is planning on ordering Internet Service Providers to block “extremist” websites.

It may surprise some people, but I don’t have a problem with this. The reason I’m not worried is that it’s not going to work, because Cameron wants to use the anti-Child-Abuse Cleanfeed system to do it. One of the many criticisms of Cleanfeed is that it’s completely ineffective in the face of either a web site host or an end user with even a hint of technical ability, and there are even US Navy-sponsored initiatives to help users in oppressive regimes get around blocks.

The counter-argument by Cleanfeed is that it is not designed to stop “determined access”, just inadvertent access to unwelcome images. So it would seem the new system will prevent inadvertent access to terrorist and extremist web sites, not something that will likely have any significant access besides a few “Tough on terrorism” headlines in the Daily Mail.

What I do have a problem with is the slippery slope. When Cleanfeed was first introduced, many assurances were given that it would only be used to block images of child abuse. We’ve already seen that go wrong with the accidental block of Wikipedia, and it appears the secret list will now be extended to content someone, somewhere deems “extremist”. First it will be the obvious targets, but what about websites calling for civil disobedience or protest? The police will no doubt have some input into the block list and do you think they will be able to resist the temptation to add sites causing them headaches?

Mysteriously, they will become inaccessible with no way of verifying if you are on the list and no appeal.

This is worrying when it happens to mainstream websites, because Cleanfeed is somewhat dishonest and doesn’t tell you that you have hit a blocked site. Instead, you receive a generic File-not-found message. Not being a terrorist, why would you bother installing any mechanism to work around the blocks? No doubt people will figure out they have been blocked eventually, but in the case of a time-critical demonstration the damage could already have been done.

And once it is in place, might the powers that be try even more desperately to find ways of closing the loopholes in the system? I doubt this would work, given even China has failed in this regard so far, but there is a huge amount of collateral damage that could happen if they tried.

No doubt Cameron will say he doesn’t want to do any of the above, but will there be sufficient safeguards put in place? We saw when David Miranda was stopped at an Airport, where supposed anti-Terrorism powers were abused due to a lack of appropriate rules and oversight, that such things are critical. And what prevents a future, less liberally minded, parliament from quietly chipping away at those safeguards once the system is operational. Being a secret system, how would the public know?

If Cameron wants to do this, he needs to propose a better way than Cleanfeed. A more transparent system, with judicial oversight. And then we can talk.

Originally posted at Complicity.

Tue, Nov. 26th, 2013, 12:17 pm
Politican of the year results

The results are in!

There was a strong showing by Sarah Brown, who was in the lead early on and was two votes shy of winning. Lynne Featherstone was also not far behind. However, we can announce that the person whom the trans community feels has made the most difference in the last year is…

Julian Huppert MP
“Can’t remember any other politician speaking so forcefully on issues affecting T* people”
“…for good work re marriage plus support shown to non-binary people”
Julian Huppert MP

Congratulations Julian, and keep up the good work.

(For those wondering about the delay in publishing results – it did not seem appropriate to post this last week, given TDoR events were ongoing for most of the week)

Originally posted at Complicity.

Mon, Nov. 4th, 2013, 09:32 am
Politician of the Year voting

The nominations are in, and voting for Politician of the Year is now open! The ballot will run until Friday 15th November and is an Instant Runoff Ballot, so you should rank as many people as you are able to express a preference for, based on positive work done for trans people in the UK over the last couple of years.

Below the voting form is a brief biography and photograph (Where available) of each nomination. Posts run in multiple locations, as long as you can see the Opavote form below then you can vote here. If you cannot see the form, it is also accessible on the Opavote web site.

Voting is open to anyone who identifies as trans*.

Voting has now closed

Baroness Barker
Openly lesbian, spoke in defence of trans rights during the passage of the Marriage (Same-Sex Couples) Bill through the House of Lords.
Baroness Barker Hugh Bayley MP Hugh Bayley MP
Member of Parliament for York Central, long time campaigner for trans rights, has raised pensions issues in Commons debates
Cllr Sarah Brown
Only out transgender politician elected to public office in the UK. Executive Councillor for Community Well-Being on Cambridge City Council.
Cllr Sarah Brown Michael Cashman MEP Michael Cashman MEP
“&http://www.complicity.co.uk/blog/#8230;who said &http://www.complicity.co.uk/blog/#8220;We have to start saying Trans before we say LGB&http://www.complicity.co.uk/blog/#8221; at Work Place Pride this year, particularly relevant in light of @pinknews awards&http://www.complicity.co.uk/blog/#8221; &http://www.complicity.co.uk/blog/#8211; @natachakennedy
Lynne Featherstone MP
&http://www.complicity.co.uk/blog/#8220;&http://www.complicity.co.uk/blog/#8230;launched the consultation by the UK government on introducing equal marriage and was the first politician to take part in the Out4Marriage campaign.” &http://www.complicity.co.uk/blog/#8211; Independent on Sunday Pink List
Lynne Featherstone MP   Mike Freer MP
&http://www.complicity.co.uk/blog/#8220;&http://www.complicity.co.uk/blog/#8230;made one of the more moving speeches in the debate&http://www.complicity.co.uk/blog/#8230; “I’m not asking for special treatment, I am simply asking for equal treatment.”&http://www.complicity.co.uk/blog/#8221; &http://www.complicity.co.uk/blog/#8211; Independent on Sunday Pink List
Baroness Gould
Chair of the Parliamentary Forum on Gender Identity. Spoke in defence of trans rights during the passage of the Marriage (Same-Sex Couples) Bill through the House of Lords.
    Kate Green MP
Member of Parliament for Stretford and Urmston, worked hard on removing spousal veto. Also concerned about press coverage.
Julian Huppert MP
&http://www.complicity.co.uk/blog/#8220;Can&http://www.complicity.co.uk/blog/#8217;t remember any other politician speaking so forcefully on issues affecting T* people&http://www.complicity.co.uk/blog/#8221;
&http://www.complicity.co.uk/blog/#8220;&http://www.complicity.co.uk/blog/#8230;for good work re marriage plus support shown to non-binary people&http://www.complicity.co.uk/blog/#8221;
Julian Huppert MP Caroline_Lucas Caroline Lucas MP
Member of Parliament for Brighton Pavilion, raised trans-supportive issues in Commons debates on same sex marriage and sponsored EDMs on press coverage
Kerry McCarthy MP
Member of Parliament for Bristol East, met with trans groups throughout the year and attended vigil for Lucy Meadows outside the Daily Mail.
Kerry_McCarthy

Additional information on politicians with short bios above welcome. Photos (If creative commons licensed) particularly welcome.

Originally posted at Complicity.

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