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https://gendersociety.com/forums/topic/10502-Uk-Goverment-discriminated-agaisnt-the-Trandgendered-
Because your birth certificate depicts your recognised gender in law, a fact true when registered, If a person applies for a GRC when it's issued the birth certificate is then altered to reflect the new gender, they are then entitled to their pension at an earlier age in line with a woman's right's, some transgendered married people do not wish to apply for a GRC because they are under the impression a divorce is required BUT under the 2010 marriage act revisions 2013 a person can apply for a new amended marriage certificate at the same time the new birth certificate is issued, with a change of gender, before one had to get an annulment or a divorce and then enter a civil type marriage, now it saves all that expense and heart ache of going through that process for those wishing to stay married. When people start their transition, they should ensure that DWP and all agencies are informed, and original Change of name deed polls are sent.
The definition of a legal original document (not a photo copy) so print of 10 or more copies, of the document get each one witnessed and signed then sign them all in front of the witness, now you have 10 original deed polls. A person can't grumble if they don't want or can't be arsed to comply with a few simple lawful requirements. Otherwise every Tom, Dick & Harry will be taking advantage of the system,
People go to the trouble of changing their gender on their passports, driving documents, bank accounts, bank accounts, doctors and medical records, to get the recognition the want , need, why not apply for the GRC to get the pension?
Why do some people think this is discrimination, Is having to pass a driving test, pay NI contributions, tax is that a form of general discrimination???? IF ANYTHING THE PENSION SYSTEM MEN v WOMEN IS GENERALLY SEXUAL DISCRIMINATION UNDER THE EQUAL OPPORTUNITIES ACT.
The amendment to the 2010 marriage act, 2013, when applying for a GRC, by both parties signing a statutory declaration of mutual agreement to continue in the marriage a new status marriage certificate will be issued along with a new birth certificate. not to be confused with a civil partnership.
Part 1 of Schedule 5 makes changes to the Gender Recognition Act 2004 (the “Gender Recognition Act”). The Gender Recognition Act enables transsexual people to change their legal gender by applying for a gender recognition certificate under section 1 of that Act. The issue of a full gender recognition certificate enables recipients to be recognised for all legal purposes in their new gender (“the acquired gender”). Under the previous law, transsexual people who are married or in a civil partnership must end their marriage or civil partnership before a full gender recognition certificate can be issued. This is achieved by the Gender Recognition Panel issuing an interim gender recognition certificate to married applicants and applicants in civil partnerships, which causes the marriage or civil partnership to become voidable. Applicants then have six months from the date of issue of the interim gender recognition certificate to apply to the court to end their marriage or civil partnership. Once a marriage or civil partnership has been annulled (or a divorce or dissolution has occurred in Scotland) the court can issue a full gender recognition certificate.
146.Part 1 of this Schedule amends the Gender Recognition Act to enable an existing marriage registered in England and Wales or outside the UK (“protected marriage” defined in paragraph 14 as a marriage under the law of England and Wales, or a marriage under the law of a country or territory outside the United Kingdom) to continue where one or both parties change their legal gender and both parties wish to remain married. It also amends that Act to enable a civil partnership (“protected civil partnership” defined in paragraph 14 as a civil partnership under the law of England and Wales) to continue where both parties change their legal gender simultaneously and wish to remain in their civil partnership.
147.Paragraph 2 inserts new subsections (6A), (6B) and (6C) which amend the evidence requirements in section 3 of the Gender Recognition Act. At present, section 3(6)(a) of that Act requires transsexual people who apply to the Gender Recognition Panel for a gender recognition certificate to submit a statutory declaration as to whether they are married or in a civil partnership. This enables the Gender Recognition Panel to determine whether to issue a full gender recognition certificate (for people who are not married or in a civil partnership) or an interim certificate (for people who are married or in a civil partnership).
148.New subsection (6A) requires married applicants to include in their statutory declaration an additional declaration as to where their marriage was registered. This will enable the Gender Recognition Panel to determine whether the marriage is a protected marriage. Where the marriage is a protected marriage, new subsection (6B) requires an application to contain a declaration by the applicant’s spouse that he or she consents to the marriage continuing after the issue of a full gender recognition certificate (a “statutory declaration of consent”), or a statutory declaration by the applicant that his or her spouse has not made such a declaration. If the application contains a statutory declaration of consent by the applicant’s spouse, new subsection (6C) requires the Gender Recognition Panel to inform the spouse that an application has been made.
149.Paragraph 3 replaces existing subsections (2) and (3) of section 4 of the Gender Recognition Act (which provides for the issue of interim and full gender recognition certificates following an application) and inserts new subsections (3A) and (3B) into that section. The effect of these amendments is to enable a full gender recognition certificate to be issued:
https://gendersociety.com/forums/topic/10502-Uk-Goverment-discriminated-agaisnt-the-Trandgendered-
(1)This section applies in relation to a protected marriage if (by virtue of section 4(2)(b) or 4A) a full gender recognition certificate is issued to a party to the marriage.
(2)The continuity of the protected marriage is not affected by the relevant change in gender.
(3)If the protected marriage is a foreign marriage—
(a)the continuity of the marriage continues by virtue of subsection (2) notwithstanding any impediment under the proper law of the marriage;
The ECJ found that the UK's marriage annulment condition (designed to avoid marriage between persons of the same sex) is "unrelated" to the retirement pension scheme.
And so it concluded that UK legislation "constitutes direct discrimination based on sex'' and is therefore in breach of European law
In my considered opinion, put simply this was not a win for the trangendered woman, as it stands legally she is still male, the win was for discrimination against men in general, the emphasis of the judgement was discrimination based on sex under the equality and oportuniities act.
In the UK at present Trans people are not legally regarded in their adopted gender regarding the marriage act and for earlier pensions until the have a Gender Recognition Certificate
The EHRC ruling is rather confusing, stating that pensions are not related to the GRA, and that it is a gender issue, does that mean now that men can apply for their pension on the same terms that women get an earlier payment. So throughout the EU it will cost billions. Technically until someone is lawfully recognised in their new gender hence the GRP authorising the issue of a new birth certificate. Until 2013 same sex marriage was not recognised, which in my considered opinion now means throughout the EU countries will have to amend their gender recognition acts, acts that at the time of introduction were ratified by the European Courts of Human rights. Vatican City a separate state within the EU is exempt from complying in the main with various laws especially same sex marriage based on religious grounds, As is The Irish republic, Spain and Portugal. we have seen that some states have been forced to drop enforced medical procedures to qualify for a GRC, but the EU does not enforce those countries that have not dropped these procedures.
Which basically means that someone in each member state will have to take up issues with their own legal systems and then appeal to Strasbourg for a ruling, EU Human rights laws, are lacking continuance, once a judgement has been made an edict should be issued ordering all member states to amend and add to their own acts similar to our UK Judicial Precedent.
Cristine say's
Basically the court has ruled that each individual state has the right to impose restrictions rules in relation to what is termed a legal marriage and the conditions imposed within the scope of it's own GRA, in aspects of the marriage, but in this case the overriding factor is the unequal differential as to at what age men and women can apply for and receive their pensions.
October 28, 2019- -
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