“This change is not just a matter of legal recognition but of human dignity and equality”
BY VEE WILSON, IMAGE BY JUAN MOYANO
In a historic decision for non-binary and gender-nonconforming people, Puerto Rico’s Supreme Court has ruled that X markers may now be selected as the gender marker on birth certificates. This progressive move aligns Puerto Rico with at least 17 US states that already recognise X gender markers on official documents. But despite a global shift towards inclusivity, the United Kingdom continues to fall behind.
According to the latest rankings from the ILGA-Europe Rainbow Map, which grades the state of law and policy for LGBTQIA+ people across Europe, the UK has dropped to an all-time low position of 22 out of 49. This puts countries like Iceland, Spain, Denmark, and Belgium way ahead of the UK in terms of progressive policy that protects LGBTQIA+ communities. “These rankings should be a wake-up call for the British government,” says Stonewall. “Dropping six places on the Rainbow Map during a global rollback of LGBTQ+ rights undermines our position on the global stage. No country can afford to be on autopilot during these turbulent times.”
This lack of support for LGBTQIA+ people also, of course, extends to a lack of legal backing for gender-nonconforming communities. In the UK, non-binary individuals face significant challenges in having their gender identity legally recognised, as the 2004 Gender Recognition Act only permits legal recognition for male or female genders. The fact that gender-nonconforming people can’t yet be lawfully recognised as their authentic selves not only invalidates the identities of many but also encourages systemic discrimination in areas such as education, employment, health, and housing.
The UK’s reluctance to adopt X gender markers on passports and other official documents is particularly concerning, especially during a time when there is a significant pushback on LGBTQIA+ rights globally. One concern about introducing gender-neutral markers on passports is that it will cause problems for gender-nonconforming individuals travelling to other countries where these markers may not be recognised. But if more countries followed suit in implementing this policy, then this will gradually become less of a problem as gender-neutral passports become more normalised.
The UK government could choose to take a stand and play a role in paving the way for change but instead remains stubborn. For example, during the Supreme Court hearing for activist Christie Elan-Cane, who challenged the government’s refusal to issue gender-neutral passports, the court upheld its position that an X marker can’t be introduced due to other considerations, including “maintaining a coherent approach across government”.
While countries like Germany and Iceland have recently implemented gender self-determination laws, meaning citizens may declare their gender marker without lengthy and complicated court rulings, the UK maintains a rigid binary system. But why, when other countries across the globe are beginning to realise the importance of inclusion for gender-nonconforming individuals?
Gender-nonconforming people have always and will continue to exist. In fact, at least 48,000 of us live here in the UK. We can’t and won’t be erased. It’s time for the UK to recognise the diverse spectrum of gender identities by adopting X gender markers. Such a move would not only affirm the identities of non-binary individuals but also align the country with international standards of inclusivity and human rights. This change is not just a matter of legal recognition but of human dignity and equality.
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