Until Death; Beyond Binaries and Permanence in the Gender Recognition Act

Randall, Jessica (2024) Until Death; Beyond Binaries and Permanence in the Gender Recognition Act PhD thesis, University of Liverpool.

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Abstract

This thesis will focus on section 2(1)(c) of the Gender Recognition Act (GRA), which mandates a permanent and binary expression of legal gender via the signing of a statutory declaration committing to such ‘gender until death’. This is a largely overlooked clause in the GRA. My research questions why this section featured in the GRA and argue that it was included as a means for legislators to maintain a permanent and binary structure of legal gender. There is yet to be significant research conducted focusing on section 2(1)(c). The number of people publicly identifying as trans is increasing, however some people are unable to be legally recognised in the gender with which they identify because of the barrier created by the requirement in s2(1)(c) of having to commit to one binary gender until death. This thesis uses a combination of feminist and queer (femiqueer) theory, as used by Cowan to interrogate the main themes that underpin the ‘until death’ clause, including the discourse in the Parliamentary debates preceding it and in the recent proposed reforms to the GRA. The three reoccurring themes throughout this research are: the connection between binaries, including the way they are produced and reproduced and the impacts they have, law and time, and to a lesser extent the medicalisation of transness. This thesis first tracks the developments in case law prior to the introduction of the GRA. It then analyses the Hansard debates on the Bill and the arguments of those in opposition to its passing. After the introduction of the Bill, subsequent amendments, and opportunities to reform the Act are analysed. It considers the developments in conversations around the Act from its initial introduction to potential reform, with focused attention on the evolving arguments of those in opposition to the legislation and trans rights more broadly. I conclude that although little attention was paid to the inclusion of the ‘until death’ clause there has been significant attention paid to the notions of a permanent and binary legal gender. I then advocate for two categories of reform. They are essential reforms, particularly self-ID, non-binary recognition, and the de-gendering of documentation; and more ambitious longer-term reforms, which require broader societal changes such as the removal of legal gender in its entirety. The later recommendation of decertification is in line with the findings of the Future of Legal Gender project. Through my analysis of the original GRA debates and the subsequent reform discussions in 2018, this research contributes to the body of research in favour of decertification by establishing the extent to which clause 2(1)(c) was considered at the time of introduction and the role that this clause carries out. I am therefore able to establish the extent to which is it used to demand a binary and permanent expression of legal gender which is ultimately not suitable for some trans people.

Item Type:	Thesis (PhD)
Depositing User:	Symplectic Admin
Date Deposited:	15 Jan 2025 11:09
Last Modified:	10 Apr 2026 12:29
DOI:	10.17638/03184302
Supervisors:	Barker, Nicola ORCID: 0000-0003-4223-713X Fox, Marie ORCID: 0000-0001-7497-2070
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3184302
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