Ms Victoria Mullin:

My name is Victoria Mullin. I have a tax consultancy practice in Tallaght. I am transgender and I am not insane. I am proud to be Irish. As a nation, Ireland has come a long way from the days of the comely maidens dancing at the crossroads. Single mothers no longer need die alone in shame or be squirrelled away in a laundry as punishment for their so-called sins. We have witnessed the introduction of equal rights for women and the legalisation of contraception, divorce and homosexuality. We have achieved much and many of us look back in amazement at how backward the country was not long ago. However, those who miss the good old days of inequality can take some comfort. They still have the transgender community to play with. We need the help of those who do not miss those days, and we need it now.

It appears it is still okay to discriminate against us, ignore our rights, ridicule us with jokes and sick advertisements and, now, it even appears okay to demand an end to our marriages. Less than 20 years ago divorce was still illegal in Ireland. Today, however, I and people like me face the possibility of being forced to divorce to access our right to legal recognition. The legislation currently being prepared is based on the report of the gender recognition advisory group. Imagine the furore that would erupt if a group was formed by the Government to report on women's rights and the Government went on to appoint only men to that group. We would all be shocked. No member of the GRAG was transgender or even experienced in transgender issues. That absence is evident. Among many of its ill-thought out recommendations, the report clearly states that people in an existing valid marriage should be excluded. The group demands that we must divorce our husbands or wives before the State will recognise who we are. This is not some nightmare scenario from the Nazi period of the 1930s, but it might be our life in Ireland in the 21st century. Legal recognition should not be contingent on the destruction of our marriages and families.

We remain the last of the 27 member states of the EU not to allow any kind of gender recognition for transgender people. Without such recognition, difficulties can arise in our jobs, pensions, insurance and foreign travel. Even our right to participate in most sporting activities may be prohibited. If the proposed legislation is enacted, I may be prevented from playing golf. If that is not a horrific state of affairs, I do not know what is. Marriages where one spouse is transgender are lucky to survive yet some do. In my case, we were not quite as fortunate. While my wife and I live apart, we remain committed to our children and work together daily in our family business. Neither of us wishes to seek legal separation, let alone divorce, and I find it deeply offensive to be presented with such a choice. If I chose legal recognition over my wife, what does she get in return for the ending of her marriage? How have her rights been affected by the introduction of such perverse legislation?

The Government will most likely argue that it has an obligation under Article 41° of the Constitution to defend and protect the family and we agree. The Government may also argue this involves the prohibition of same-sex marriages but we do not agree. In any event, we did not contract same-sex marriages. My marriage is fully valid under Irish law as, at the time of getting married, my wife and I were physically and legally opposite genders. We have three fantastic children but, due to a worsening of my medical condition over the years and, acting on medical advice, I underwent full gender reassignment surgery. I am now physically female, whether my country chooses to recognise it or not. What of my family? Does the Government have no obligations to us? Is my family not also entitled to the full protection of the Irish Constitution? Why should anyone be forced to choose between family and basic human rights? We put forth that the requirement to divorce is unconstitutional because the State then fails to meet its own obligations by making such a demand of the citizen. Divorce may not be possible in our circumstances because we may be unable to satisfy the courts of an irreconcilable breakdown of the marriage, which is a key requirement under Irish law for divorce. If we can qualify for divorce, we cannot access our right of legal recognition. Are we not then back where Lydia Foy began all those years ago, when the State's continued refusal to grant gender recognition meant it remains in contravention of the European Convention on Human Rights? If so, this is all a waste of the committee members' time and mine.

In times of the deep economic hardship, the chance for this Government to do something good, at no cost, is an opportunity that should be seized. When Ireland has just been elected to the UN Human Rights Council, leading Europe in progressive gender recognition legislation is surely an easy win. If the Government chooses to listen to our voices and sees the inhumanity inherent in forced divorce in order for us to achieve gender recognition, there is a real opportunity to put Ireland at the forefront of progressive legislation that empowers all citizens. We pray that Ireland will follow the recent lead of Argentina and introduce modern, fair-minded and equality driven legislation, of which the nation can be proud. We and our families live in hope.