One of the things in census design is also making sure that relationships between the questions are consistent
- with the modern census they use computer power to weed out errors like people who listed as under 16 and in full time work , or women giving birth over 65 etc...
The census asks about relationships between people in the household
In 1971 they put this as the "Head" of the household (i.e. the husband/father if their was one) and the wife.
The 1971 census also asked some specific questions of women - which clearly relate to biology
(not that there was a distinction between legal sex and biological sex in 1971)
By 1981 the marriage question was phrased in less sexist terms.
You answer how is person 2 related to person 1.
Legally only a woman could be married to a man then
So a "self-identified" gender/sex would yield a computer-says-no response when it came to data crunching
In 2005 same sex civil partnerships were brought in, so this was included as an option in the 2011 census (the last census)
A same sex husband or wife or opposite sex civil partner would have yielded a computer says no response here
So this means, in effect in 2011 the "sex" Q was legal sex (i.e. taking into account GRA 2004 for a tiny number) - since this is the only answer that would maintain consistency w the answers on marriage.
Self identified sex would have been read as an error for a married couple
As the ONS said at the time if a person ticked both "male" and "female" (to indicate non-binary) a single response would be created
It is likely one of the corroborating pieces of data and rules used to create that single response would be marriage
Nevertheless the ONS said in its online guidance to answer according to "self identified sex"
Presumably they thought this was a fudge they could get away with because (1) not much attention was being paid and ...
... (2) given that same sex marriage was not yet legal it would not be possible for a transsexual person to be living in 'stealth' as the opposite sex and also be married IRL
In 2013 same sex marriage was brought in, & in 2019 civil partnership was opened up to opposite-sex couples.
So now there is no computer-says-no error detection between marriage and the the sex question.
But this doesn't mean that the definition of sex has changed
To maintain comparability with 2011 it should be legal sex.
To maintain comparability with every census before that it should be biological sex
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Stonewall staff and trans advisory group sent emails characterised by the judge as a “threat” of reputational damage to Garden Court, including that for Garden Court to continue to support Allison “puts us in a difficult position with yourselves”
We trust you will “would do what is right and stand in solidarity with trans people” and take disciplinary action against Allison or, as summarised by her barrister, face the reputational consequences.
Interesting on censuses, biological data, social norms and shame ....
One of the questions in the 1971 census is the number of children a woman has had
But it only asked about children born in marriage
Presumably at the time it was felt to be too sensitive to ask about children born outside of marriage - who might have been adopted, brought up within the wider family etc... certainly not something to talk about on the doorstep.
Transsexuality used to be a bit like this - something shameful, not to be talked about, with the idea that a person would want to live 'in stealth'.
But social norms - on children borne outside of wedlock, and gender non-conformity change
Men are representing women
Men are taking womens places
Men are dictating language women can use
Men are breaching womens boundaries.
Men are rewriting rules for what women may & may not do
And yet we are forbidden from pointing to a single man doing this & stating "He is a man"
And in response to one declaring "we all need to listen to each other to understand how we can make progress together"