THE GOVERNMENT has rejected a petition started to try and have Brianna Ghey’s death certificate posthumously changed.

The petition, started four days after Brianna’s death in February, called to allow for posthumous and expedited changes to someone’s gender. This expedited change would happen only in the situation when a trans person not yet recognised by the government receives a terminal diagnosis.

This petition came about after it came to light that Brianna’s gender would be incorrectly listed as male on her death certificate.

Warrington Guardian:

This is due to the fact that the Gender Recognition act of 2004, which the petition looked to amend, requires someone to be 18 to legally change their gender. They are also required to be diagnosed with Gender Dysmorphia, and have “lived in their acquired gender for more than two years.”

As Brianna was 16 when she died, she was two years away from being able to legally transition on the age requirement alone.

As the petition reached over 10,000 signatures, the government was duty bound to respond. In a lengthy response, they said:

“We believe the current provisions in the GRA are effective and allow for those who wish to legally change their sex. The processes in place reflect the right checks and balances. Everyone who decides to undergo a change in how their legal sex is recorded deserves our respect, support and compassion.

"The process of changing one’s legal sex is a serious and legally meaningful undertaking which requires appropriate checks and a level of formality.

"The process does not allow for third party applications as any application will be a deeply personal undertaking and choice. Applicants must also meet a range of requirements set out in the Act, including that the applicant be over 18. 

"We believe the legislation strikes the right balance and have no plans to change it.”

The response, sent out less than 24 hours after Brianna's funeral, has drawn anger on Twitter from the transgender community.

Rose Schmits, a transgender woman who appears on the Great Pottery Throw Down, has responded saying that “the government basically said Brianna died too young to have been granted the privilege of jumping through unnecessarily difficult admin hoops to get recognised as herself.”

"She followed up this up with a tweet mocking the government saying “should have died two years older better luck next time.”

India Willoughby, the world’s first trans newsreader, tweeted: “How is refusing dead trans people a birth certificate ‘protecting women’? Do they think we’re going to haunt toilets and dressing rooms? This crass Government copy and paste response proves they are simply ideologically opposed to trans on all fronts. Even in death #Brianna Ghey.”’

Warrington North MP Charlotte Nichols said: "Allowing a trans person who dies without a Gender Recognition Certificate in place to have their death certificate properly reflect and record who they were in life and how they lived would be an act of humanity that would harm nobody.

I hope the government will reconsider this extremely modest request, and that bereaved families like Brianna's are given the option to use this process if they wish.”

The full statement from the government is as follows: 

"We recognise the sensitivity of these situations, particularly when family and friends are dealing with the loss of a loved one, or when someone is diagnosed with a terminal illness. The Government recognises that, in this context, many would have instinctively supported this petition.

"The Government is also committed to upholding Britain’s long-standing record of protecting the rights of individuals against unlawful discrimination and wants people who are transgender to be able to live their lives as they wish.

"In 2018, the then Government launched a consultation on reforming the Gender Recognition Act (GRA) 2004. The debate around this consultation was intense and it received more than 100,000 responses. As part of the consultation process and since it closed, considerable work went into meeting with approximately 140 representative organisations, including transgender and women's organisations. The GRA is an important issue and we wanted to ensure it was fully considered and all opinions were heard.

"As announced in September 2020, we believe the current provisions in the GRA are effective and allow for those who wish to legally change their sex. The processes in place reflect the right checks and balances. Everyone who decides to undergo a change in how their legal sex is recorded deserves our respect, support and compassion. The process of changing one’s legal sex is a serious and legally meaningful undertaking which requires appropriate checks and a level of formality. The process does not allow for third party applications as any application will be a deeply personal undertaking and choice. Applicants must also meet a range of requirements set out in the Act, including that the applicant be over 18. We believe the legislation strikes the right balance and have no plans to change it."