Home > Constitution of Ireland, Gender, Sexuality and the Law > Gender Recognition Legislation in the New Year?

Gender Recognition Legislation in the New Year?

The Irish Examiner reports today that, on foot of a Green Party proposal, legislation ‘allowing transsexuals to be recognised in their acquired gender’ will go before the Dail in the new year. The Examiner reports that ‘the state has dropped an appeal of a High Court decision that it is in breach of the European Convention on Human Rights in not having a process and a register legally to recognise the acquired gender of transsexual persons.’ Tanya blogged about the proposals for gender recognition legislation in the new Programme for Government in some depth here. We hope to provide commentary when details of the proposed legislation emerge.

Update: Great video interview with Lydia Foy and Michael Farrell of FLAC here.

Hat-tip: One of our readers, Cat McIlroy, says

I spoke with Dr. Foy’s solicitor this afternoon to clarify the appeal statement in the Irish Examiner – neither he nor Lydia has heard anything regarding the Government dropping the appeal.

Thanks Cat!

  1. Niamh
    November 30, 2009 at 3:06 pm

    Is there any further information as to whether the state has definitely dropped it’s appeal (to the Supreme Court) of the decision taken in Foy v An tArd Chlaraitheoir (No 2)?

  2. Kelly
    November 30, 2009 at 3:56 pm

    I was glad to read that the government’s appeal has been dropped. It was a cynical and unnecessary use of the courts in the first place. I can’t find another source either, Niamh. I’m scouting around for more information at the moment as well but no luck so far.

  3. Ian
    December 2, 2009 at 3:00 pm


    388. Deputy Joe Costello asked the Minister for Social and Family Affairs if, in view of the commitment in the revised programme for Government to legislate for transgender citizens right for their acquired gender to be recognised by the State, she now plans to discontinue its appeal in a case (details supplied) to the Supreme Court; and if she will make a statement on the matter. [42886/09]

    Minister for Social and Family Affairs In the revised Programme the Government accepts the need to provide legal recognition for transsexuals in their acquired gender. I will be moving to progress this matter in the immediate future. The means by which legal recognition will be effected may include legislation and in any event will require careful consideration and consultation.

  4. December 2, 2009 at 3:47 pm

    So no answer on whether they plan to discontinue. It’s an interesting one – the interplay between the legislation and an ongoing SC appeal – you would imagine the prudent course of action would be to await the SC judgment or drop the appeal rather than messing about with both. Or have I betrayed my political innocence there?

  5. Niamh
    December 2, 2009 at 3:58 pm

    Nope, no answer. That’s why we got the question put – to try and clarify what’s going on. Tbh, I don’t think the politics and the legal are interacting very well, and that’s why both are ongoing. Certainly FF seem to have low awareness regarding the issues.

  6. December 2, 2009 at 9:06 pm

    Does Labour LGBT have a position paper on this Niamh?

  7. Alex O'mally
    February 24, 2010 at 10:51 am

    Guys we really need to stop using the terms transexualism and transgender…. it’s been removed from the ICD 10 and DSMiv for a reason.

    The condition has been accepted as a congenital intersexed disorder based on evidence that it is neurobiological in nature. GIDI and the HSE are encouraging both the public and health care professionals to use morphalogically correct terms to try and ward off the stigma that’s been attached to this condition for years.
    GID (Gender identity disorder or Gender incongruency disorder) is the term associated with the condition… it is not associated with transexualism or transgenderism… these laters are still associated with psychological diagnosis and sexual fetish… Please try and make a distinction between the two.

  1. December 1, 2009 at 5:48 pm

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