Tammy,
I am not sure where you got your information from but this entirely not true.
Below is a summary of the legislation that currently exists in the UK,relative to both MTF and FTM TS.
Sex Discrimination Act 1975
The Sex Discrimination Act (SDA) provides legal protection on many grounds, including:
• On the grounds of sex (i.e. male or female) and;
• On the grounds of gender reassignment.
People who intend to undergo, are undergoing or have undergone gender reassignment are protected against discrimination and harassment, on the grounds of gender reassignment, in employment and related areas and vocational training (including further and higher education). This covers all aspects of employment, including recruitment and selection processes, employment-related benefits, and facilities, including training, career development and references.
Individuals who take a claim for sex discrimination under the SDA are considered to be their birth sex unless they have received a gender recognition certificate. A transsexual person with a gender recognition certificate has protection in all areas covered by the SDA in his or her recognised gender and will also have protection for gender reassignment.
Some examples of discrimination on the grounds of gender reassignment may include:
• Refusing to associate with or ignoring someone because they are transsexual
• Refusing to address the person in their acquired gender or to use their new name
• Probing into the person's private life and relationships
• Spreading malicious gossip about that person
• Failing to keep confidential information about that person's transsexual status
• Indefinite refusal to allow use of sanitary facilities appropriate to their gender after a reasonable transition period
• Treating that person less favourably than others in regard to sickness or other absences
Gender Recognition Act 2004
The Gender Recognition Act (GRA) gives legal recognition in their acquired gender to transsexual people. They must satisfy the Gender Recognition Panel that they:
• Have or have had gender dysphoria, and
• Have lived in the acquired gender for a period of two years prior to the application, and
• Intend to live permanently in the acquired gender
• Have provided medical reports containing specified information.
If their application is successful, the transsexual person's gender becomes for all purposes the acquired gender and they will receive a full gender recognition certificate (GRC). The GRA allows for the creation of a modified birth certificate reflecting the holder's new gender.
In specified circumstances the GRA prohibits disclosure of the fact that someone has applied for a GRC or disclosure of someone's gender prior to the acquisition of the GRC. Such disclosure constitutes a criminal offence liable to a fine.
Equality Act 2006
The Equality Act 2006 amends the Sex Discrimination Act 1975 to place a statutory duty on all public authorities, when carrying out their functions, to have due regard to the need:
• To eliminate unlawful discrimination and harassment
• To promote equality of opportunity between men and women
As part of the duty, public authorities are required to have regard to the need to eliminate discrimination and harassment in employment and related fields and vocational training (including further and higher education), for people who intend to undergo, are undergoing or have undergone gender reassignment.
Data Protection Act 1988
Under the Data Protection Act 1988, transsexual identity and gender reassignment would constitute 'sensitive data' for the purposes of the legislation and must be processed as such. For more information on data protection, please consult the Information Commissioner's website.
Goods and Services Directive 2004/13
The scope of the legal protection against discrimination on grounds of gender reassignment will be extended within the SDA by the implementation of the Goods and Services Directive. This will be implemented by 21st December 2007 at the latest. From the date of implementation public authorities will be under a duty to have due regard to the need to eliminate unlawful discrimination and harassment on grounds of gender reassignment in the provision of goods, facilities and services and the disposal and management of premises.
As you can see the law is fairly extensive in its relation to Transsexuals.
I legally changed my Birth Certificate in 2005 and under UK law I am treated as a Female by birth and I have the right to marry as such. There are disadvantages, as my pension is now less than it would have been If I had remained Male.
The situation in America is far different to the UK as there is no federal law of TS people and it remains basically State law which determines your rights and the level of difficulty you face in changing your name and documentation.
Buffy
