Gender Recognition Act 2004

[2] People granted a full GRC are from the date of issue, considered in the eyes of the law to be of their "acquired gender" in most situations.

The ECHR has stated that people with a GRC can be excluded from single sex space so far as it is for a "proportionate means of achieving a legitimate aim", which could be for "reasons of privacy, decency, to prevent trauma or to ensure health and safety".

The previous precedent dated back to 1970, when Arthur Cameron Corbett, 3rd Baron Rowallan had his marriage annulled on the basis that his wife, April Ashley, being transgender, was legally male.

[11] Among those who voted against the bill were Ann Widdecombe (who opposed it on religious grounds), Dominic Grieve, Peter Lilley and Andrew Robathan.

Among Conservative MPs who supported the bill were Kenneth Clarke, Constitutional Affairs spokesman Tim Boswell, and future speaker John Bercow.

At the same time, it noted similar deficiencies in the Equality Act 2010 as it affected the protected characteristic of gender reassignment.

"[14] The "Ministerial Foreword" to the review acknowledges that the 2004 GRA is "out of date" and places "intrusive and onerous" requirements on the person applying for the gender change.

"[15] In 2017, Minister for Equalities Justine Greening considered reforms to the Gender Recognition Act to de-medicalise the process, with the principle of self-identification.

This placed the Gender Recognition Act 2004 in the second from bottom category with "intrusive medical requirements" that lags behind international human rights standards.

[17] However, the UK government decided not to change the current law, which was described as "a missed opportunity" by the Equality and Human Rights Commission.

[21] In England, Scotland, and Wales, such an application from a married person requires written consent from the spouse – the so-called spousal veto.

[25] It was suggested in the debates that the number of transgender people who have undertaken gender reassignment and who are currently living in a marriage was no more than 200.

Once the annulment was declared final and the GRC issued, the couple could then make arrangements with the local registrar to have the civil partnership ceremony.

Tamara Wilding of the Beaumont Society pressure group said that it was "not fair that people in this situation should have to annul their marriage and then enter a civil partnership.

It would be easy to put an amendment in the civil partnership law to allow people who have gone through gender-reassignment, and want that to be recognised, to have the status of their relationship continued.

[28] The Equality and Human Rights Commission (EHRC) appreciated the challenges to married transgender people and their partners presented by schedule 2 of the act and in a recent submission to government they recommend: "The government amends the Gender Recognition Act to allow for the automatic conversion of a marriage into a civil partnership upon one member of the couple obtaining a gender recognition certificate.