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Gender Reassignment Act
Topic Started: Aug 18 2009, 10:41 AM (263 Views)
Lord Wallace Buttersworth
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Right Honourable Member
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Preamble:

An Act to allow the reassignment of gender and establish a Gender Reassignment Board with power to issue recognition certificates; to promote equality of opportunity, and provide remedies in respect of discrimination, on gender history grounds in certain cases.

SECTION 1 (BOARD):

(1) A board called the Gender Reassignment Board of Ostentia is established.

(2) The functions of the Board are —

(a ) to receive and determine applications for recognition certificates; and

(b ) to issue recognition certificates in suitable cases.

SECTION 2 (APPLICATIONS FOR RECOGNITION CERTIFICATE):

(1) Where a person has undergone a reassignment procedure (before or after the commencement of this Act), application may be made to the Board in accordance with this section for the issue of a recognition certificate.

(2) An application may be made under this section by the person to whom the application relates.

(3) An application must be made in the prescribed form and accompanied by the prescribed fee.

(4) A copy of the application must be served on —

(a ) the Social Affairs Minister; and

(b ) any other person who should, in the Board’s opinion, be served with notice of the application.

(5) A person referred to in subsection (4) is entitled to appear at the hearing of the application and to make submissions to the Board.

(6) In proceedings on an application, the Board is not bound by the rules of evidence, but may inform itself on any matter in such manner as the Board thinks appropriate.

(7) Proceedings under this section must be conducted in private.

(8) The Board must determine every application by giving a written decision containing the reasons for that decision.

(9) A decision of the Board not to issue a recognition certificate in a proceeding does not preclude a further application to the Board by the applicant based on additional or changed circumstances.

SECTION 3 (ISSUE OF RECOGNITION CERTIFICATES):

(1) Where an application under section 2 relates to an adult, the Board may issue a recognition certificate if —

(a ) one or more of the following applies —

(i) the reassignment procedure was carried out in Ostentia;

(ii) the birth of the person to whom the application relates is registered in Ostentia;

(iii) the person to whom the application relates is a resident of Ostentia and has been so resident for not less than 12 months;

and

(b ) the Board is satisfied that the person —

(i) believes that his or her true gender is the gender to which the person has been reassigned;

(ii) has adopted the lifestyle and has the gender characteristics of a person of the gender to which the person has been reassigned; and

(iii) has received proper counselling in relation to his or her gender identity.

SECTION 4 (ISSUE OF NEW BIRTH CERTIFICATE):

(1) After the reassignment of gender is registered by the Registrar and the register altered accordingly, a birth certificate issued by the Registrar for the person must, unless otherwise requested by the person or permitted by the regulations, show the person’s sex in accordance with the register as altered.

(2) Any such birth certificate must not include a statement that the person has changed sex.

SECTION 5 (CONFIDENTIALITY):

(1) A person who holds or formerly held a position involving duties related to the administration of this Act must not divulge confidential information obtained by virtue of that position except as may be required for the purposes of official duties, or as may be permitted in writing by the person to whom the information relates.

SECTION 6 (DEFINITION OF REASSIGNMENT):

(1) The definition of reassignment is a person who has undergone hormone treatments, mentally identifies themselves of a certain sex or has undergone operations on sexual organs. There is no requirement under this Act for someone to be 'post-operation' on their sexual organs.


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*Sir William Buttersworth waits for the :o :o :o from Miller.

Edit again: wow Invisionfree supports / me
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Inevitable
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WOBBUFFET!
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What about... *checks spelling* Neutrois?

That is, people who do not identify with either gender and wish to lose the characteristics defining them? Essentially, non-gender.
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Commoncold0
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*glancing through bill*

Why should they get a new birth certificate? They haven't been born again...
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Lord Wallace Buttersworth
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Inevitable: This bill is for people who want to transition from one gender to the other, not for people who do not identify as either gender, that would be for another Act as that is not within the scope of this Act which only deals with sexual reassignment.

CC0: It's a reissued / amended birth certificate to reflect their new gender.
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Inevitable
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Sir William Buttersworth
Aug 18 2009, 11:49 AM
Inevitable: This bill is for people who want to transition from one gender to the other, not for people who do not identify as either gender, that would be for another Act as that is not within the scope of this Act which only deals with sexual reassignment.

CC0: It's a reissued / amended birth certificate to reflect their new gender.

But you might argue that non-gender is a gender in itself. While I see you're not opposed to such a thing, I wonder why you do not include it in this since it's essentially the same thing, but three-way rather than two-way.
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Lord Wallace Buttersworth
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Inevitable
Aug 18 2009, 09:56 PM
Sir William Buttersworth
Aug 18 2009, 11:49 AM
Inevitable: This bill is for people who want to transition from one gender to the other, not for people who do not identify as either gender, that would be for another Act as that is not within the scope of this Act which only deals with sexual reassignment.

CC0: It's a reissued / amended birth certificate to reflect their new gender.

But you might argue that non-gender is a gender in itself. While I see you're not opposed to such a thing, I wonder why you do not include it in this since it's essentially the same thing, but three-way rather than two-way.

That would require a different Act establishing that there are not just 2 genders because gender applies for the purposes of pensions, healthcare, use of particular clubs (eg, gender specific gyms) and this Act is only targeting transexual persons who wish to change genders, not define what gender is, or what makes a gender.
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Cieran
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Though it says gender, this appears to deal more with sex. Sex is a binary value, there's no gray area for it. You are either male or you are female. However you feel about your gender (which I may add is a social construct), your sex remains the same...
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Lord Wallace Buttersworth
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Sex is not binary because a lot of people are born with ambiguous genitalia, or the hormonal sex of a male but the genitalia of a female (or vice versa) so there is a third biological sex.

I agree that sex is biological, and gender is social but this refers to people attempting to change their biological sex through hormone or surgery. Obviously, you cannot change your chromosomes but this bridges the people who 'feel' they are the opposite sex to what they biologically are. It's unclear with current medical research if you have a 'brain sex', as in what you feel in your head.
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HRH King Zog II
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Cieran
Aug 18 2009, 01:03 PM
Though it says gender, this appears to deal more with sex. Sex is a binary value, there's no gray area for it. You are either male or you are female. However you feel about your gender (which I may add is a social construct), your sex remains the same...

The word you're looking for is genotype. Even then thats not exclusively binary.
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Carl Miller
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*Carl Miller goes :o :o :o
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Cieran
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The sex/gender distinction is just what I was taught as part of feminist studies :P...
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