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File photo of Joan Burton, Minister for Social Protection Sam Boal/Photocall Ireland

Joan Burton commits to examining gender recognition

Marriage Equality welcomed Burton’s comments but said legislation published last year puts transgender couples in a difficult position.

MINISTER FOR SOCIAL Protection Joan Burton today committed to closely examining the issue of gender recognition for transgender people.

Speaking at the opening of the 4th European Transgender Council in Dublin earlier today, Burton said she was “anxious to make progress on this matter”.

“I want to ensure that transgender people will have legal recognition and to extend the protections of the equality leglislation to them”, she said.

Burton said she intended to request that an Oireachtas Committee examine the issue of gender recognition in October and November.

Speaking from the launch, Marriage Equality Director Moninne Groffith welcomed the minister’s comments but expressed reservations about the scope of Burton’s plan.

She said the Gender Recognition Scheme published last year excludes candidates who are married or in a civil partnership which means transgender individuals could be forced to make a choice between having their true gender recognised or their relationship.

“No one should ever have to make that choice,” she said. “We are calling on the Government to begin the Constitutional Convention without delay, so that the issue of marriage equality can be addressed, and same sex couples and families can be protected equally under the law.”

In a statement today transgender human rights group LGBT Noise criticised the delays in the introduction of last year’s legislation and said Ireland is one of the only remaining countries in the European Union without such laws.

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26 Comments
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    Mute John O'Sullivan
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    Sep 7th 2012, 2:50 PM

    I’m not sure how well this focus group of a Constitutional Convention will work when it comes to human rights. They’re not constitutional experts, and basic human rights should never require the support of a majority. Progress on civil rights worldwide would have been far slower if the majority mindset needed to change first.

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    Mute David Jordan
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    Sep 7th 2012, 4:36 PM

    I agree, civil rights shouldn’t be awarded or taken away by popular vote in a liberal democracy.
    I’ve a feeling though that the Constitutional Convention has become a dumping ground for all the social issues that the coalition is unwilling to deal with.
    When someone challenges the government on these issues the government can just say that the matter is being discussed at the constitutional convention and afterwards and if the convention makes a decision that is unpopular with either the Labour or FG’s vote base (which hold virtually the opposite views on every topic being discussed) then they can blame it on the convention rather then take responsibility for it themselves.

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    Mute Killian Maher
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    Sep 8th 2012, 12:32 AM

    The constitutional convention don’t need to look at this issue as the high court has already given declaratory relief to Lydia Foy stating the lack of recognition was unconstitutional in
    Foy v An t-Ard Chláraitheoir, Ireland and the Attorney General (no2) .

    We also already know how marriage is defined by the constitution, which is to the exclusion of gay marriage. So entirely unnecessary and an unnecessary delay to be examined by the convention, we should just be able to vote on it and decide if the people want to change the constitution to bring it in line with the modern world.

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    Mute Denise Friary
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    Sep 7th 2012, 3:49 PM

    In all fairness, Joan has a hard job.

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    Mute Mick Lennon
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    Sep 7th 2012, 4:09 PM

    looks like its taking its toll

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    Mute Damian O'keeffe
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    Sep 7th 2012, 4:11 PM

    Judging by that photo a hard job with her own gender recognition….

    Sorry that was harsh…..

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    Mute Damian O'keeffe
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    Sep 7th 2012, 4:24 PM

    Tough crowd…

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    Mute Katrina Carroll
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    Sep 7th 2012, 7:50 PM

    well damien your comment made me laugh ha ha.. green thumbs from me!! people should lighten up a bit :)

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    Mute david ryan
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    Sep 7th 2012, 3:09 PM

    Joan burton is a tool, how she is in government is beyond me!

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    Mute Séamus White
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    Sep 7th 2012, 3:18 PM

    She speaks highly of you.

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    Mute Vinny Healy
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    Sep 7th 2012, 4:05 PM

    Because your country men and women voted for her, simples

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    Mute James Dunne
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    Sep 7th 2012, 4:23 PM

    She’s in government because she had the balls to put her name forward to the people of Dublin West for election and over 9000 people gave her their first preference.

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    Mute Rory Conway
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    Sep 7th 2012, 5:15 PM

    James Dunne, I don’t think that “gender recognition” is what they had in mind when , as you say, she “had the balls to ……”

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    Mute Robbie O'Neill
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    Sep 7th 2012, 4:26 PM

    I knew she was really a man!

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    Mute Mark Bonnie
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    Sep 7th 2012, 8:21 PM

    Replace her with Ruth coppinger!

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    Mute Pauric Mcgowan
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    Sep 7th 2012, 3:18 PM

    What a lovely photo…

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    Mute Ognetty Fwetters
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    Sep 7th 2012, 3:27 PM

    …of Michelle!

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    Mute hjGfIgAq
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    Sep 7th 2012, 3:29 PM

    Aw poor Joan. Thanks Ognetty!

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    Mute Pauric Mcgowan
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    Sep 7th 2012, 4:05 PM

    Not sure if the red thumbs mean…
    People think its not a lovely photo ..or they don’t understand sarcasm… ?

    Bit harsh putting up that pic in fairness.. Not exactly complementary…

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    Mute Mainstream Hysteria
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    Sep 7th 2012, 7:14 PM

    Joan Burton……..yes please! Mmmmm….

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    Mute Helen R
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    Sep 8th 2012, 12:07 AM

    Okay – this was a very poor report. Firstly, the main advocacy group for transgender rights is TENI (Transgender Equality Network Ireland) although MarriagEquality and LGBTNoise are great support and do excellent work in the fight for marriage equality. TENI coordinated with TGEU to bring the European Conference to Dublin. The TEA Collective are a new group who are a social support group for TG people, but who also have a strong agenda for advocacy.

    Following Joan Burton’s speech there was a protest, in the room, by members of TENI and the TEA Collective where placards were raised denouncing the years-long delays, and especially the divorce requirement.

    Secondly, Lydia Foy’s fight for gender recognition began over FIFTEEN years ago. The GRAG report was published over two years ago, to the dismay of TG advocates,and totally ignored the recommendations and submissions made by TG groups and individuals. So why was Minister Burton saying today that they seeking to talk and listen to the TG groups WHEN THEY HAVE ALREADY GIVEN SUBMISSIONS THAT WERE IGNORED?

    Finally, there is a strong rumour that the Attorney General is going to say that the Government CAN require that already-married couples must divorce before the TG spouse can obtain their legal gender recognition certificate. As it is, very few marriages survive the transition of a spouse – why are those couples who have fought through the stress and heartbreak being punished for SURVIVING?!

    I am married to a TG wife (and have been for over 26 years). And no, Minister Burton, you are NOT going to divorce us!

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    Mute Robbie O'Neill
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    Sep 7th 2012, 8:47 PM

    Was Mary harney a bloke too.?

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    Mute Mark Bonnie
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    Sep 7th 2012, 9:04 PM

    The size of 3 blokes anyway!

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    Mute Felix Knox
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    Sep 7th 2012, 10:50 PM

    Ate three blokes anyway.

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    Mute Patrick Murray
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    Sep 7th 2012, 11:20 PM

    Not three just one Sumo!

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    Mute louise
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    Sep 7th 2012, 4:22 PM

    What a lovely photo (not)

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