'Brianna Ghey cannot be buried as her true self’: Anger at ‘misgendering’ of killed teen

Trans rights commentators have voiced anger at the fact Brianna Ghey will be described as a man on her death certificate, despite identifying as a woman.

The 16-year-old was stabbed to death in a park in Warrington on Saturday. Two teenagers have been arrested on suspicion of murder.

Police have confirmed that the teenager was the victim of a 'targeted' attack, but said there was no evidence so far to suggest that her death was a hate crime.

In the wake of Brianna's death, campaigners have hit out at the fact she will not be able to be buried as her "true self" because of rules around gender recognition.

What is the Gender Recognition Act?

The Gender Recognition Act was passed in 2004 and means trans people can apply for a gender recognition certificate (GRC), which provides legal recognition of the transsexual person’s acquired gender.

Without such a certificate, the person's original sex will be recorded on their death certificate – meaning they risk being 'misgendered' after their death.

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Campaigners say this means Brianna will be robbed of her "dignity" in death.

India Willoughby, a journalist and transgender campaigner, wrote on Twitter: "Because Britain does not have Self ID, trans teenager Brianna Ghey cannot be buried as her true self.

"She won’t be allowed the dignity of having ‘beloved daughter’ on her gravestone. Or a correct death certificate. All because the mob oppose something they don’t understand."

Civil rights lawyer Alejandra Caraballo wrote: "Important to note. The gender recognition act that the gender criticals keep fighting with horrific, demonizing language means that Brianna Ghey's death certificate cannot list her gender as female.

"As a final insult, the English government will officially misgender her in death."

Some compared the UK's gender recognition laws to other countries.

Journalist and political commentator Tom Harwood said it was "unspeakably cruel" that Brianna would be listed as a boy on her death certificate.

He tweeted: "It is so unspeakably cruel that the state will list Brianna Ghey as a boy on her death certificate.

"A Gender Recognition Certificate is not a passport to spaces – you don't need one for that. What it allows for is basic dignity on documents like marriage or death certificates."

What a GRC means for trans people

A gender recognition certificate (GRC) is needed for trans people to change their birth certificate and their sex marker with HMRC. Trans people also need a GRC if they want their marriage or civil partnership certificate to reflect their true identity.

As trans information site Trans Actual explains, having a GRC also means that trans people will have the correct sex recorded on their death certificate, helping to prevent them from being misgendered after death.

However, the site also points out that only trans men and trans women over the age of 18 are able to seek legal gender recognition in the UK, with no legal recognition offered to trans children and young people.

Such rules mean that Brianna will be identified on her death certificate as the gender she was born with.

A gender recognition certificate can also only be obtained if applicants meet certain requirements, leading critics to call for it to be reformed in line with other countries.

Watch: Why is Scotland's gender recognition reform bill controversial?

As well as being 18 or over, those requirements include: a medical report confirming a diagnosis of gender dysphoria; a second medical report detailing any treatment received in relation to the diagnosis; evidence of living as the acquired gender for two years; an oath of intention to live in the acquired gender until death and the approval of a UK government-appointed panel of two members, one legal and one medical.

Outlining its criticisms of the Gender Recognition Act, Trans Actual says the system means people have to wait at least two years for a certificate and also depend on a panel of strangers to decide their identity. The rules also don't offer legal recognition to trans people under 18, as well as ignoring non-binary people, it says.

Laws around gender recognition have been in the spotlight after Rishi Sunak controversially blocked Scotland’s gender reforms from becoming law last month.

The move came after the Scottish Parliament passed a bill which would allow trans people aged 16 or older to obtain a gender recognition certificate without having to be diagnosed with gender dysphoria by a doctor, making it easier for trans people to change their legal gender on official documents such as passports and birth certificates.