Ruth Coppinger has announced plans for legislation that would introduce an “X” marker on gender recognition certificates and birth certificates for “non-binary” people.
Notably, “non-binary” refers to someone who does not identify as male or female, but a third unspecified gender entirely – even if they are completely biologically male or female.
The Solidarity TD outlined the proposal in a video posted to social media last week, saying the Bill would recognise non-binary and intersex people through changes to Ireland’s gender recognition framework. Coppinger said successive governments had failed to deliver on promises to recognise non-binary identities.
Providing an update on the proposed legislation, Coppinger said the Bill would make two major changes to existing law.
“We drafted this in consultation with a whole number of people,” she said.
“It does two major things. Firstly, it allows somebody to change the gender from male or female to non-binary or X in the gender recognition certificate, which is something that was promised and hasn’t been delivered by successive governments, also helping to recognise non-binary status, which is recognised in other countries.”
Coppinger also outlined proposals relating to the registration of children identified as intersex.
“We also want to allow people to identify their child as intersex or other in on their birth cert,” she said.
“Because this is something that happens in at least 1% or more of cases and parents are often forced to choose one or the other with the subsequent pressure that can bring in terms of mutilating surgery as well.”
Notably, the 1% figure often cited includes people with completely hidden chromosomal differences whose anatomy appears perfectly normal and who may go their whole lives without ever knowing they are technically “intersex” at a genetic level. If one considers only people with actually noticeable physical differences and obvious anatomical anomalies, this number plummets to 0.05%.
The proposed legislation would allow for M, F and X markers on gender recognition certificates and birth certificates. According to a statement released alongside the announcement, the changes would also pave the way for recognition of those categories across State institutions and official documentation.
Announcing the proposal, Coppinger said the existing Gender Recognition Act did not provide for non-binary recognition.
“Non binary recognition is something that the gender recognition act lacked and has been promised by successive governments,” she said.
The proposal would represent a significant expansion of Ireland’s current gender recognition system, which presently provides for male and female categories on official documentation.
In her statement, Coppinger also linked the proposal to wider debates surrounding LGBT rights.
“With the fascist political turn we are experiencing, LGBTQ+ rights, specifically trans and intersex rights are under attack,” she said.
“So it’s all the more important to defend what we have won and fight to expand rights further.”