What does transgender mean and what does the law say?

The rights of transgender or trans people - and whether they affect the rights of women - are often in the spotlight. This has led to legal disputes, protests and discussions about free speech. Gender identity is a term used by some to describe someone's sense of their gender. A transgender person's gender identity is

Getty Images Person walking over the rainbow crossing in BatterseaGetty Images

The rights of transgender or trans people - and whether they affect the rights of women - are often in the spotlight.

This has led to legal disputes, protests and discussions about free speech.

What do transgender and trans mean?

Gender identity is a term used by some to describe someone's sense of their gender. A transgender person's gender identity is not the same as the sex recorded on their original birth certificate.

A transgender man is someone registered female at birth, but who identifies as a man.

A transgender woman is someone registered male at birth, but who identifies as a woman.

Trans is a shorter way of saying transgender.

Gender dysphoria describes the "unease or dissatisfaction" some people feel about the difference between their biological sex and gender identity.

Some people who do not consider themselves to have a solely male or female gender identity describe themselves as non-binary.

A child's sex is recorded as male or female at birth, based on physical characteristics. Some people are born with chromosomal or other physical differences that can make this a complex judgement. They are sometimes referred to as intersex, or having differences of sexual development (DSD).

How many transgender people are there in the UK?

In the 2021 census, 262,000 people aged 16 and over in England and Wales said their gender identity was different to their birth sex.

Some academics raised concerns that the question may not have been understood, and that number could be an overestimate.

The Office for National Statistics (ONS) said it cannot be certain if that is the case, but the results were accurately processed and are broadly consistent with other estimates.

A 2018 estimate by the government suggested there could be between 200,000 and 500,000 people who identify as transgender across the UK as a whole.

What changes can transgender people make?

Many transgender people live according to their chosen gender identity - including how they dress, and the name and pronouns they use.

Some may take hormone medication, or have surgery.

People can also apply to alter the gender listed on official documents.

These social, physical and legal changes are known as transitioning.

Under the Gender Recognition Act 2004, UK adults can get a gender recognition certificate (GRC) if they meet certain criteria:

  • having a gender dysphoria diagnosis
  • providing evidence of living full-time in their acquired gender for at least two years
  • making a declaration that they will live permanently in their acquired gender
  • are 18 or over
  • pay a £5 fee

This means their acquired gender can be recorded on their birth, marriage and death certificates.

You do not need a GRC to update your driving licence, passport or medical records.

However, non-binary is not recognised as a gender on legal documents in the UK.

About 7,000 certificates have been issued in England, Wales and Scotland.

Getty Images A transgender rights protest in LondonGetty Images

What is happening to the rules about changing gender?

In 2018, the UK government began considering changes to the law in England and Wales, which it said would make it easier for transgender people to alter their legal gender.

It decided not to go ahead with some of the proposed changes, but did move the application process online and lowered the cost of a certificate.

In 2022, Members of the Scottish Parliament (MSPs) voted to remove the need for a medical diagnosis and lower the application age to 16.

However, the UK government blocked this from becoming law because it said the draft law would conflict with equality protections applying across the whole of Great Britain.

The Scottish government initially said it would challenge this decision in the courts, but subsequently confirmed it would abandon its appeal.

Social Justice Secretary Shirley-Anne Somerville told the Scottish Parliament that the bill was "not in the bin, and awaits an incoming UK government that has more respect for devolution".

What do transgender rights mean for women-only spaces?

There has been much debate about how to balance the rights of different groups within society.

Much of this has focused on access to women-only spaces such as toilets, domestic abuse refuges and prisons.

There has also been controversy about the participation of trans women in female-only categories in sports.

Transgender people may wish to use services and facilities which align with their gender identity, whereas other groups say that these should be separated by birth sex.

The Equality Act 2010 identifies a number of groups with protected characteristics - including gender reassignment and sex - and protects those groups from discrimination.

But single-sex service providers can exclude transgender people where this is a ''proportionate means of achieving a legitimate aim'', such as privacy or safety.

However, some say the law is not clearly understood and women's sex-based rights are under threat.

The Equality and Human Rights Commission suggests that amending the Equality Act definition of "sex" to "biological sex" is worth further consideration.

This would make it simpler for certain spaces to be single-sex, regardless of whether a person has a GRC.

The UK government is considering the advice.

What is Gids and what services are available for children?

Increasing numbers of children have been referred to the under-18s Gender Identity and Development Service (Gids) in England, especially those registered female at birth.

NHS England says there were more than 5,000 referrals in 2021-2022, compared with 250 in 2011-12. By late 2023, the waiting list of children and young people wanting to use the service reached 8,000.

However, Gids is set to close in March 2024 after the Care Quality Commission (CQC) inspected the service in late 2020 and found it to be "inadequate".

The replacement services have been delayed, with little information about what these will be. NHS England said the new services would be ready by April.

In January, a private hormone clinic for transgender young people became the first in the UK to receive approval from the CQC.

Reuters A sign for the Tavistock centreReutersThe Gender Identity Development Service (Gids) was based at London's Tavistock and Portman NHS Foundation Trust

In some cases, young patients have been prescribed puberty blockers, which delay the onset of puberty. But the NHS says little is known about their long-term side effects.

An independent review found that many children referred to Gids have complex needs, which can sometimes be overlooked after a gender dysphoria diagnosis.

Following the review, the NHS decided puberty blockers should only be given to children and adolescents as part of clinical research.

Young people in Scotland can get a GP referral or refer themselves to the gender service at the Sandyford clinic.

Those in Northern Ireland who want to talk to a specialist about their gender identity can use the Knowing Our Identity service.

In Wales, children or teenagers can be referred or refer themselves to a specialist Gender Identity Clinic (GIC).

What is the DFE transgender guidance for schools?

Under Department for Education (DFE) guidance issued in December 2023, teachers in England should tell parents if their child wants to change their gender identity at school.

The Gender Questioning Guidance - which is not compulsory - says this should happen in the "vast majority of cases".

In rare circumstances, teachers can decide to withhold information if revealing it could put a child at "significant risk" of harm.

Schools should also "take a very cautious approach" if pupils want to use a new name, pronouns or uniform.

Non-statutory guidance was issued to Northern Irish schools in 2019, and to Scottish schools in 2021. The Welsh government has not yet published guidance.

BBC in other languagesInnovation

ncG1vNJzZmivp6x7o67CZ5qopV%2Bjsri%2Fjp6vqaSRnrumvtJmbGxpZWl%2FeYI%3D

 Share!