Mary White (Fianna Fail) | Oireachtas source

I move amendment No. 9:

In page 9, to delete line 10.

I welcome the Minister of State, Deputy Kevin Humphreys, and wish him continued success with his portfolio.

I wish to discuss the rationale for amendments Nos. 9 to 11, inclusive, and 14, 27, 28 and 31 which focus on the concept of the single criteria. In a country where divorce was only made legal in 1996, it is ludicrous that it is about to be made compulsory for some. The single criteria which demands that applicants be single if they are to apply for recognition in their preferred gender forces married transgender people to choose between their family and their identity. Imagine being told that the State will not legally recognise one's identity unless one first divorces one's husband or wife. The explanation given for this is that otherwise it would allow for the existence of same sex marriages which are currently not allowed by law in Ireland. This requirement fails to acknowledge that transgender families exist and fails to offer their marriage the constitutional protection offered to every other marriage in Ireland. Under the Bill and in line with Irish divorce law, transgender applicants would have to live separately from their spouse for four years and convince a court that their relationship had broken down in order to secure recognition in their preferred gender. They would be forced to lie.

It has been suggested that the forthcoming referendum on civil marriage equality would effectively resolve this issue. However, the human rights of transgender people to be recognised should not be contingent on the right to marry. The issue was addressed by the German Federal Constitutional Court in 2008. The court maintained that individuals had a right to realise their self-determined identity. It stated that it was unacceptable to force transgender people to choose between their marriage and their right to recognition, and declared that the relevant section of the German transexual act was unconstitutional. Germany has since accepted the court's decision and has made no attempt to reinstate the single status criteria despite the fact that it does not, as yet, allow same sex marriage.

While this Bill is a step forward, the legislation is still not good enough. Barack Obama was the first American President to use the word "transgender" during his historic State of the Union address on 20 January. His acknowledgment marks the end of a cloak of isolation and silence that the transgender community has been forced to suffer, demonstrating a positive step forward in the fight for the rights and equality of the transgender community. However, we need to keep pushing for the voices of the transgender community to be heard. Laws should be practical and reflect reality. This legislation does not go far enough. Transgender people are some of the most marginalised in this country.

We have an opportunity to introduce legislation that truly protects them.

However, transgender people are saying this legislation will not fully protect them. Why should anybody be forced to choose between their family and human rights? Omitting the criteria to be single is the only way to avoid interfering with the constitutional provision of protecting the family. If the Government chooses to listen to the voices of the transgender community and sees the human rights issue inherent in forced divorce to achieve gender recognition, then there is an opportunity to put Ireland at the forefront of progressive legislation which empowers all of its citizens.