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Comment: Spousal veto amendment is a victory for trans equality in Scotland

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Reader comments

  1. Well done. Keep up the good work.. But I think you deserve at least the afternoon off :-D

  2. ‘trans and intersex people’ – do people believe in this superstition ? There is only male and female , no centaurs and no so-called ‘trans’ or so-called ‘intersex’ people .

    1. Well done for demonstrating your stupidity, is the world flat too?

  3. Paul Brownsey 23 Jan 2014, 11:13am

    “access to gender recognition is a human right, and a deeply personal matter of autonomy, that no one should be able to block.”

    I ask the following, not combatively, but because I am genuinely interested in the answer. What place is there here for the autonomy of the spouse? Suppose I am a woman who married (someone I thought to be) a man. That person entered into the marriage with me freely. But now, without any say in the matter, I can find myself registered as in a same-sex marriage. Of course, I have the option of divorce, but somehow it seems a diminution of my autonomy that I can find myself registered as in a same-sex marriage without any immediate and non-retrospective say in the matter. Perhaps this is the case where there is no way of reconciling two person’s autonomy.

    1. Equality Network 24 Jan 2014, 10:03am

      Paul, many things happen in marriages that one spouse is not happy about. If one spouse is trans, it’s already the case that the trans spouse can transition to living in the opposite gender without the non-trans spouse having any legal right to veto that. Also the trans spouse can have gender reassignment surgery without the non-trans spouse having any legal right to a say. Those two things have a huge impact on the non-trans spouse, but no veto, Just the right to divorce.

      Why should the non-trans spouse be able to veto the final stage of administrative recognition of those changes and issue of a new birth certificate to the trans spouse? After being in what is to all intents, purposes, and appearances a de facto same-sex marriage for at least two years, is the final step of it being legally recognised as such is so appalling and damaging to the non-trans spouse that they should, uniquely of any choices their spouse can make, have a legal right to veto? We can’t agree with that.

      1. I think the non trans spouse should have access to free divorce though.

    2. Equality Network 24 Jan 2014, 10:06am

      I should also add that the non-trans spouse will not find themselves registered in a same-sex marriage without their consent. The Scottish bill, as amended, allows a gender recognition certificate and a new birth certificate to be issued to the trans spouse without requiring spousal consent, but does not allow the marriage to be re-registered, and a new marriage certificate issued, unless and until the non-trans spouse consents to that in writing. That’s because the marriage registration is documentation covering both spouses, so both must consent.

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