Thursday 7 May 2015

Trans advocacy in Victoria and Australia - part 3 of a 3 part series



The trilogy wraps up with a look at national developments in the last 5 years.
National co-operation

While state issues were the main focus during the decade 2000-9, there was little hope for trans (or GLBTI issues overall) nationally until 2007. The socially conservative LNP government of John Howard, elected in 1996, showed no interest in reform and was most noted for amending the Marriage Act (a law, not part of the Constitution) to specifically state “man and woman.” From a trans-specific perspective, in 2006, the limited but valuable flexibility on passports for trans people travelling overseas for surgery was removed without consultation or warning, meaning passports were based totally on birth certificates, resulting in inconvenience and probably risk for trans people.

The Howard government lost office in 2007 and was replaced by the ALP, led by Prime Minster Kevin Rudd. In its first term it focussed on removing discrimination at a national level against same-sex couples, amending around 100 laws in the process (although not making any attempt at marriage equality). There was better news on passports, with moves back towards flexibility that countered the 2006 reversal and went a little further.

 In mid 2010, Kevin Rudd was replaced by Julia Gillard as ALP leader and Prime Minister, and after the August 2010 election the ALP formed a minority government with the support of independents. This was incredibly timely as in April 2010 came the beginnings of combined efforts at national trans advocacy.

This took place at the national Health in Difference conference in Sydney. WA trans man Aram Hosie organised the session “Moving Beyond Talking” (which received a participants choice award). The foundations established at this session created the basis of national co-operation and progress and these have been built on since then.

The first policy breakthrough took place in September 2011. The government announced passports would be based totally on affirmed identity for trans and gender diverse people, gave an X option and also announced reforms for intersex people. Draft guidelines were presented to representatives of TGV, A Gender Agenda (an organisation in the Australian Capital Territory), Western Australia Gender Project and Organisation Intersex Internationale Australia. These guidelines needed only minor modification before being released (after public consultation with the trans community).

This was the biggest policy or legal change in Australian history up to that point in time to base documentation on affirmed identity. With hindsight, it was also a clever strategic “testing of the waters” that laid the ground for the 3 areas of federal reform that occurred in 2013. Public backlash was virtually nil, even on conservative talk-back radio stations. One caller, after a TGD person was interviewed on Melbourne radio, even asked why it hadn’t happened earlier. Trans was no longer a shock value issue; people had a basic understanding and were able to accept policy reforms were needed. The trans advocacy movement had reached a major milestone. It was also worth noting a unanimous High Court decision (AH and AB’s case, AH and AB being 2 trans men in Western Australia) was handed down in the same month as this policy changed. This also reinforced the principle that surgery was not a vital part of recognising all trans people for being who we are.

Another major development, which assisted trans advocacy, was the receipt of ongoing funding for two paid roles in the LGBTI Health Alliance. The organisation prioritised 2 areas: one being intersex, trans and gender diverse people (the other being LGBTI seniors). This resulted in the formation of what ultimately became known as the Intersex, Trans and Gender Diverse working group to work with the paid employee. The impact of having someone paid to assist largely voluntary efforts has been large and the support of a large organisation with resources and networks will continue to make a positive impact.

In June 2012, history was made with a 2-day roundtable in Sydney of 18 intersex, trans and gender diverse people from all states and territories and also a range of backgrounds e.g. indigenous/sistagirl, sex workers. The roundtable prioritised 5 key priority areas for progress after brainstorming every possible issue. The result was the Diversity in Health document which was launched in November 2012. This was effectively a 3-5 year strategic plan for intersex, trans and gender diverse people. Importantly, it was launched at a function for the Parliamentary friends of GLBTI in Canberra. To have the focus of a cross-section of all federal politicians on trans and gender diverse, and to some extent intersex, was a major breakthrough. Many were not aware of the grave social difficulties still facing trans and gender diverse people and as such, by hearing stories and meeting with us, many had a major paradigm shift.

There was a significant side note to the Sydney meeting. At the end of the second day, those from beyond Sydney caught cabs together to the airport and were having a quiet (non-alcoholic) drink together before catching flights home. All noted that while intersex, trans and gender diverse were making progress, bisexual issues were probably further behind in understanding and support than intersex, trans and gender diverse. It is significant that a group of people still striving for major reform had the leadership quality of empathy to consider others and it was a small yet powerful indicator of the increasing strength in the national trans and gender diverse movement.

Meanwhile the federal government was pressing ahead with an overhaul of federal discrimination protections which also aimed to add sexual orientation, gender identity and intersex status at national level. A draft national bill was presented in November 2012 while at the same time the state of Tasmania was moving to insert a better definition of gender identity into its existing state laws. The Tasmanian definition was simpler and gave more coverage to the trans and gender diverse kaleidoscope, in particular to those identifying in non-binary ways. The federal attorney general readily accepted the Tasmanian definition was better and supported its inclusion. The positive contrast when compared to the difficulties in Victoria in 2000 showed advocacy and the trans movement had clearly been effective in getting the basics across. Trans issues were simply not controversial any more. The resulting legislation, while not the original major overhaul, gave federal protection after at least 17 years of previous effort. Further, no state law was weakened, and many were strengthened due to the previously mentioned provision in the federal constitution. There was no controversy in adding these attributes with at least 95% of the Parliament being supportive and a formal vote was not required. Most of all, the co-operation between advocates across GLBTI was perfect and was a factor that helped put the world first intersex protections into law as well.

At the same time, the federal government announced two further policy changes. The principles of the 2011 passport reforms were extended to sex and gender guidelines with all national departments and agencies been given 3 years to comply. Also, changes were announced to the government health insurance system Medicare to make some processes gender-neutral. The health care provisions can help to pave the way for eventual public funding of trans surgeries and the documentation guidelines are easily applicable to states and territories.

Conclusion

While it is understandable that the need for change is pressing for trans and gender diverse people, the lessons learned from all of the above simply reinforce basic human principles such as trust and patience. By building trust, people have worked together. By taking the time to communicate and build a true picture of trans and gender diverse lives, advocacy is then made easier in the long run.

It has also been fantastic to see the greater visibility of indigenous, sistagirl and brothaboy culture. While many people such as Crystal Johnston have worked intensely in this area for many years, the leadership of sistagirl Starlady Nungari and brothaboy Kai Clancy have taken this to higher levels.

As noted, non-binary issues, while moving rapidly forward, still face many challenges. As an example, a supposedly safe conference on BGILT in schools recently began with the words “welcome...ladies and gentlemen,” thereby making non-binary people invisible. Again, education and communication will be needed. This is a critical point given 33% of young trans and gender diverse people identified as non-binary in the research piece “from Blues to Rainbows” released in September 2014.

It is fantastic to see the emergence of trans and gender diverse young people and their involvement in advocacy. The Victorian-based group Ygender has grown exponentially in the last 3 years. Coverage of trans and gender diverse issues for young people has improved from the pathologising attitudes of 10 years ago to listening to those willing to speak publicly. And overall, media coverage has increased in balance and is more respectful.

The future is not without challenges. Different states and territories are at different levels of progress both within the community regarding both levels of lateral violence within the trans and gender diverse community and re acceptance in the wider community. It is important to ensure that existing work is built upon rather than having these regions re-invent the wheel, particularly given the largely voluntary nature of those involved.

Overall, the future is bright for trans and gender diverse advocacy in Australia. So long so communication and co-operation continues and grows, it is firmly believed that the trans movement in Australia can keep moving – and definitely move in the right direction.

Friday 1 May 2015

Trans advocacy in Victoria and Australia - part 2 of a 3 part series



Forward:

Last week, I wrote of the success of achieving state anti-discrimination protection. Sadly, after the success, there was a "blip."

Trigger warning: lateral violence

Part 2: Victoria 2001 to present

Unfortunately, dark days ensued from around 2002 to 2004 when the Victorian trans community was set back, almost permanently,  by a series of “label wars” e.g. transgender vs. transsexual, as part of intense lateral violence. Some people objected strongly to the idea of transgender as an umbrella term and were quite derogatory to those who had not completed surgery while others saw surgery as “mutilation.” While everyone has a right to define/ label themselves and live as is their need, it was forgotten that other people also have that right and there may be differences. People experiencing intersex were also dragged into this situation.

The effects were, to be frank, horrible, noting first and most of all, the toll on trans and intersex people’s health, well-being and morale. Further, on a practical level, the ALP government had been re-elected in 2002, this time with a comfortable majority in both houses of Parliament. They had promised to make the next trans reform in relation to birth certificates, which for trans people were still based on body at birth and without any possibility of change. We had a great chance to get birth certificates based on affirmed identity rather than surgery which would have been the first state or territory in Australia to do so. The in-fighting resulted in key public sector officials and politicians threatening – and reasonably so – “to take the whole thing off the table.” Public sector officials were being bombarded by rude angry emails and were understandably upset.

The result was that the legislation that came into effect in January 2005 could be best described as minimalist in that it was based on surgery, a married trans person had to divorce so as not a “create a same-sex marriage” and minors (those under 18) could not change their birth certificate at all. It was a major opportunity lost. Some close allies among gays and lesbians still remind us of those difficult times nearly ten years on.

The only good thing to come out of this was the trans community learnt its lesson and in Victoria, the community has co-operated professionally and amicably since then and grown to be one of the strongest in Australia. People do their best to sort out issues away from politicians and then present a united voice. Even if that is not possible, people can agree to disagree respectfully. Now, a coalition of 10 Victorian, trans, gender diverse and allied (family member) groups works together to hold workshops and ensure good communication.

There was during this period, one ray of light, proving that trans people can be strong and resilient when we need to be. In July 2003, word leaked of the first known trans applicant to enter the Victorian police academy. The relatively tabloid Murdoch daily newspaper the Herald-Sun ran with the headline “sex swap cop.” Commercial talkback radio only interviewed the head of the police union rather than asking trans people for their views. Discussion focussed on doubts about the applicant’s suitability and pathologising ideas as to whether trans people could handle the stress of police life. TGV had to “cold call” into one program to get any voice. Others monitored radio while at work. And then state Opposition leader Robert Doyle uttered the infamous phrase “In my view, there are some things which would discriminate against people joining the police force, I mean, are you allowed to join the police force if you’ve been found guilty of an indictable crime? The answer is no...” Trans people immediately called radio stations and Doyle withdrew the comments. The prejudice was largely defeated.

This was probably the first time the Victorian trans community had acted primarily on its own initiative and with our gay and lesbian mentors sitting back and letting us take the lead. We had grown up and were now well on our way.

As a postscript, the applicant, since identified as Bernice Canty, graduated easily and also received a medal for bravery for actions in the terrible situation that was the Black Saturday bushfires in 2009, proving she could easily handle the pressure. Bravo Senior Constable Canty, you are a pioneer by just being yourself.

In 2010, the state government, still the ALP, aimed to streamline the Equal Opportunity Act. TGV was called on for its opinions by a range of human rights organisations and we were able on occasions to offer ideas to them in return. Trans people were now firmly established as a valuable part of the whole human rights community, a situation that grows stronger to this day.

To finalise this section, the ALP lost office in 2010. The new LNP government seemed to allow ministers to run their departments according to their own philosophical leaning and as such legal reform for trans people stopped due to the conservative nature of the Attorney-General Robert Clark. On a positive note, the ministers for health and mental health have been highly supportive of trans issues and prioritised them after reconvening the health advisory committee in 2013. Credit goes to a young trans person, Sim Kennedy, who at the first meeting of the committee raised trans and gender diverse issues with a combination of fact and passion that was a brilliant piece of advocacy. Progress is likely to resume given the election of the ALP in 2014.

next week - part 3 - national co-operation