U.K. Voter Reform Plans Could Prevent Trans People From Voting

Boris Johnson's electoral reform plans that will require a photo ID to vote could prevent trans people from voting, say campaigners. 

The bill, first announced in the October Queen’s Speech and reintroduced this week, will make voters provide ID to get their ballot paper.

But the reform suggested and welcomed by the Electoral Commission is already facing opposition from disability, youth and trans campaigners.

 Speaking to me, trans and non-binary activist Jamie Windust says: 

"It's a deterrence for many people, not just trans people, as it creates a level of hostility around our democratic right to vote." 

The reform aims to tackle voter fraud, where people impersonate others. A trial in this month's election saw 800 people turned away from voting. 

But the change could have a significant impact on trans people, unable to change their legal gender who present in the gender different from what they were assigned at birth.

"Many people, like myself, don't have passports or ID because of the very reason that we are then forced into choosing a gender identity that isn't correct."

Voter reforms against a backdrop of hostility in the media towards the trans community

The electoral reform comes at a time of high hostility towards trans people, not least in the media.

This was highlighted this week when J.K. Rowling divided opinion again, in a now long running debate in the media about trans rights.

Rowling and was called a transphobe for siding with Maya Forstater who lost her job after an employment tribunal detailed she had shared transphobic material.

At the appeal, the judge ruled on the matter of being fired for holding anti LGBT+ opinions. Judge Tayler stated, no matter Forstater’s views, she doesn't have the right to be transphobic. 

However, Rowling’s tweet suggested the case was about whether it was OK to "force women out of their jobs for stating that sex is real?" Adding "#IStandWithMaya"

If Forstater had won the case, it would have set a landmark ruling preventing employers from dismissing staff expressing similar views about LGBT+ rights, as the Guardian reported.

This case, just one example of months of other media vitriol, and the regular attacks that trans people face all over the world, Windust adds:

"[The U.K. voter reform] will create another situation where bias and scrutiny is then something we have to face, this time when visiting the polling station."

Why can't trans people get an ID to comply with the reform?

Due to the current Gender Recognition Act (GRA), it can take years to change your gender, through a lengthy medicalised route, legally. 

For some, even if they started the arduous process today–due to waiting times of up to two and a half years and the lengthy process then required, they may not be able to update their gender in time even for the next fixed-term parliament vote. 

"The current GRA, and process for many trans people to change their gender legally, as well as obtain valid ID is long, drawn-out and overtly medicalised. It's a process that can take many years, so therefore many trans people either have an inaccurate ID or aren't allowed to access ID that matches their gender identity.

"This means that many of us don't have a suitable ID, and won't have a way to get speedy access to one so if we are required to have an ID at short notice like in recent times this new law will then prevents that," Windust says.

The reforms, though welcomed by the commission when first introduced in October only came with a lukewarm welcome. 

Their briefing issued on the matter went on to detail several other suggestions the government will not be bringing forward. 

Crucially, the government is ignoring their suggestions on reform of digital campaigning. 

After so much focus in all the elections in the latter half of the decade, this will leave pundits and campaigners whether future polls will be fought with misinformation. 

One study quoted by the BBC showed all the main parties engaged in some form of misinformation on social media. But none more than the Conservatives, with the study showing 8 in 10 of their adverts contained a lie.

Could a Supreme Court judgement lessen the blow of this reform on trans people?

There is one hope for trans, non-binary and non-gendered people though. 

Christie Elan-Cane, a non-gendered campaigner, has recently taken per case to the Court of Appeal that may end to per long battle for ‘X’ Passports. 

"I've campaigned for nearly 30 years for legitimate identity that most people can take for granted. Legitimate identity is a fundamental human right that includes the right to obtain an accurate ID," Elan-Cane tells me. 

'X' Passports became a focal point for Christie's campaign because per argues that other countries have proved, they are simple to introduce. 

However, the government has long argued the estimated £2 million cost would be “prohibitively expensive” to implement. 

Elan-Cane detailed the hypocrisy of this line, when it became clear the Brexit pledge to reintroduce blue passports would cost 240 times more than the 'X' option. 

If the landmark case goes Elan-Cane's way, it will go some way to trans and non-binary people worried about being misgendered at the polling stations. 

"The 'X' Passport is essential for anyone who defines their identity as neither male nor female. Some gendered trans people and intersex people also would prefer not to have a gendered reference on their ID.

“If the'M' or 'F' reference is not how the person presents, then that person is likely to encounter problems, whether that is problems at the airport or problems at the polling station," Elan-Cane says.

The decision has been deferred until January, but Elan-Cane confirmed to me if they do not win they intend to take it to the Supreme Court.

Windust recognizes the judgement on the ‘X’ passport case, if won, could lessen the impact of these voter reforms.

However, what they and many trans activists are really looking for is GRA reform.

But this will not be high on Johnson's agenda. The Conservatives did not pledge to do this in their manifesto, unlike Labour the Lib Dems and the Green party. 

Indeed, the last time it was kicked into the long grass after successive delays under Theresa May's government was on the day Boris Johnson took office for the first time in July.