Woman born male wins right to exam certs change

A woman who was born male but is undergoing treatment for gender identity disorder has won her battle to have her State exam …

A woman who was born male but is undergoing treatment for gender identity disorder has won her battle to have her State exam results reissued in her female name.

The woman was registered at birth as male but changed her name by deed poll and is undergoing sex reassignment therapy.

She asked the Department of Education to amend her Intermediate and Leaving Certificate results to reflect her new name as she was seeking employment.

It referred her to the State Examination Commission, which told her it was not possible to reissue the results in another name.

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With the support of the Equality Authority, she then brought a complaint of discrimination under the Equal Status Acts.

The State Examinations Commission reviewed its practices in light of the requirements of the Equal Status Acts and agreed to issue the certificates in her new legal name. The complaint was then withdrawn.

The woman, who asked not to be identified, expressed appreciation to the State Examination Commission for its "helpful and sensitive approach" to the issue.

The Equality Authority welcomed the outcome yesterday. Its chief executive, Niall Crowley, said the woman had difficulty in seeking employment because her educational certificates neither reflected her name nor her gender.

"The case demonstrates the practical difficulties faced by transsexual people in the absence of legal recognition for them in the gender with which they identify," he said.

It seemed absurd that people with gender identity disorder had legal recognition in Northern Ireland and Britain, yet not here, he added.

Gender Identity Disorder Ireland (GIDI) said the case should never have been brought so far. Sara Cromwell, GIDI chief executive, said the State showed "huge inconsistency" on the issue, as it refused to amend birth certificates yet passports and other official documents could be changed.

Dentist Dr Lydia Foy, who was registered as male at birth, has been engaged in a lengthy legal challenge to be given a new birth certificate describing her as female. In April, Mr Justice Liam McKechnie reserved judgment in the case.

Ms Cromwell said she could not understand why the Department of Education had initially refused to amend the documents while several other departments facilitated people changing their gender on a range of documents.

Ms Cromwell pointed out that, when you changed your name by deed poll, you were legally obliged to be known by that name forever. However, the State was thwarting this legal obligation by refusing to change birth certificates.

Alison Healy

Alison Healy

Alison Healy is a contributor to The Irish Times