Photo by Lena Balk on Unsplash
I was going to open this with a lengthy, poetic monologue about the hardships that trans people face in the UK and countless other places in the world. The hate crimes, the discrimination, the assault, the constant, seemingly never-ending stream of disrespect from both politicians and the general public. I would site sources, include a plethora of statistics and anecdotes, and eventually bring it all together to talk about the situation at hand. I don’t have the strength to do that. In fact, I would say I possess a fraction of the strength of the trans people in this country.
When I say ‘trans people’ I mean all trans people: binary or not. Those seeking medical transition and those who are not. Regardless of the stage of transition you’re at, I’m talking to you. I’m talking to those who were diagnosed with or experienced gender dysphoria to varying degrees, and those who did not or are not. I’m talking to our agender and gender fluid siblings who are never or rarely acknowledged in this conversation, and I’m talking to anyone who identifies with the term ‘gender nonconforming’ who might also have been subjected to harassment and disrespect purely because of how they present themselves in public. That’s who I’m talking to.
On 22 December 2022, Scottish Parliament passed the reforms to the Gender Recognition Reform Bill by a vote of 86 to 39. The bill itself was introduced to make it easier for trans people aged 16 or older (it had previously just been for those aged 18 or over) to access a Gender Recognition Certificate (GRC). While GRC’s do have some legal consequences in marriage for instance, a trans person does not require a GRC to update either their driving licence or passport. Likewise, a GRC is also not essential for a trans person to gain access to single sex spaces if they so wish. For some, the legal value a GRC offers is essential to protect them from discrimination, and for others it simply removes the distress of having documentation that is not reflective of who you really are. (Scottish Trans, 2022).
A literature review of peer reviewed articles conducted by Cornell University in 2017 found that literature in the field of transgender well-being strongly supported that “gender transition is effective in treating gender dysphoria and can significantly improve the well-being of transgender individuals.” Research into trans kids who have socially transitioned found rates of anxiety and self-worth to be similar to their cis (not trans) counterparts and noted that the results stood in “marked contrast with previous work with gender-nonconforming children who had not socially transitioned.” (Durwood et al. 2016). The new bill shows us working towards a legal definition of gender and sex that align with the research. Or, at least, it should.
The bill that was passed in December is a skeletal version of what was initially proposed, to put it lightly. Not only are non-binary trans people completely excluded, but among the amendments were the introduction of different rules for 16–17-year-olds regarding the time they would be required to live as their “acquired gender” (the language of this bill makes me want to throw my head against the nearest wall repeatedly until I pass out). The bill also introduces a “three-month mandatory reflection period.” (Equality Hub, 2023). While the bill achieves its goal of making it easier for binary trans people to change potentially important documents to match who they are, it needs to be seen as a long overdue small step in the right direction rather than as a cause for overwhelming celebration. It turns out, we can’t even have that.
On 17 January 2023, it was announced that the UK government had made the decision to block the bill from going into effect, invoking a section 35 order for the first time ever. Their reasoning for this can be spilt into three categories: the potential effects on having different GRC regimes in the UK, the potential for fraudulent applications, and issues in relation to the Equality Act 2010. The first seems innocent enough, until you realise it’s the government making excuses for not acting on the issue. Their idea of a solution to the problem is to gently brush it away. Scottish parliament has been active in trying to find a solution to the discrimination trans people face on a daily basis, but the UK government will much rather dismiss these efforts without providing any alternative solution simply because it’s the cheap, easy thing to do.
Their second claim is in relation to the removal of some of the barriers placed between trans people and obtaining a GRC. For example, they no longer need to have had gender dysphoria to apply for a GRC, and the amount of time they need to have lived as their gender has been reduced. This does significantly increase the amount of people who are able to apply, but why the government thinks this is a bad thing is an open question. Trans women are not a threat to cis women in single sex spaces and are not more likely to be the aggressors in sexual assault in these spaces either. (GRA EQIA Literature Search, 2019). If trans women want to be able to access single sex spaces on the basis of their legal sex, they have the right to that as much as anyone. The safety that these single sex spaces provides to trans women is equal in value to the safety they provide to cis women. Arbitrarily pitting women’s rights against trans rights does little to progress either, yet this is the how the UK government has chosen to view the passing of this bill.
The final claim in the statement is the most revealing and skin crawling of all: the claim that the passing of the Gender Recognition Reform Bill somehow contradicts with the Equality Act 2010. Groups that are specifically for women (be they clubs, schools, support groups etc.) will not be able to discriminate against and exclude trans women from these groups on the grounds of their legal sex. Given that the amount of people who could potentially apply for a GRC would be set to increase with the new rules, we could assume that the amount of trans women who would be able to take advantage of these spaces would also increase. Transphobia is the only explanation for how the UK government see this step forward in trans rights as a bad thing.
But the stupidity doesn’t end there. A trans person does not need a GRC to access public sex segregated spaces like bathrooms (where a lot of the debate on this topic seems to circulate) anyway, so why is this even a conversation? If anything, the blocking of the bill, intentionally or otherwise, enables the ridiculous characterisation of trans women as predatory men who simply want to access women only spaces for shits and giggles. The legal definition of sex and gender need to reflect what the science is telling us, both in the Equality Act 2010 and any other legislation to which it is relevant.
In truth, this development just brings to the masses what trans people have known for a long time. The transphobia that exists in the UK government seemingly knows no bounds. But therein lies the problem: the mainstream public is generally pretty bad at identifying transphobia. I would argue this is the case in all contexts, be it in a legal context, or on Twitter. Look at how J.K. Rowling has maintained such cultural ubiquity by disguising her blatant transphobia behind ‘gender critical views’ that are then weaponised by the media and framed as a ‘debate’ within the culture. Trans people’s existence and validity in their gender is supported by science, culture, and basic human dignity, dignity that the UK government overtly contradicts in the name of ‘equality’. Trying to find method in this madness is a lost cause.
It’s something so small, and yet they still take it away from us. What should just be common human decency has become a battleground for politicians to flex their muscles where humanity, science and common sense go to die. Equality is being redefined at the expense of trans people, and it’s wrong. We are at war. The fact that something so miniscule has kicked up this much debate in the culture is proof. TERF Island has hit a new low. If trans people are struggling to gain access to something as simple as legal recognition, what chance do we stand in the wider struggle for equality. I feel so hopeless right now.
So, what’s the way forward. For me, nothing changes. I’m going to keep dressing gender nonconforming, keep alerting people to bullshit when it happens, and keep going to pride parades with the hope that things will get better. The only difference is the added urgency that I will now be doing this with. These past few days have been a blur of frustration and seething anger, and I hope my thoughts here have made for engaging reading and were at least vaguely logical. We’ll get to the light eventually.
References:
Cornell University. (2017). What Does the Scholarly Research Say about the Effect of Gender Transition on Transgender Well-Being?. Retrieved from: https://whatweknow.inequality.cornell.edu/topics/lgbt-equality/what-does-the-scholarly-research-say-about-the-well-being-of-transgender-people/
Durwood, L., McLaughlin, K. A., & Olson, K. R. (2017). Mental health and self-worth in socially transitioned transgender youth. Journal of the American Academy of Child & Adolescent Psychiatry, 56(2), 116-123.
Equality Hub. (2023). Policy statement of reasons on the decision to use section 35 powers with respect to the Gender Recognition Reform (Scotland) Bill. Retrieved from: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1129495/policy-statement-section-35-powers-Gender-Recognition-Reform-_Scotland_-Bill.pdf
GRA EQIA Literature Search. (2019.) Potential impacts of GRA reform for cisgender women: trans women’s inclusion in women-only spaces and services. Retrieved from: https://www.gov.scot/binaries/content/documents/govscot/publications/foi-eir-release/2020/01/foi-202000011201/documents/foi-202000011201-document-5—earlier-version-of-literature-review/foi-202000011201-document-5—earlier-version-of-literature-review/govscot%3Adocument/FOI-202000011201%2BDocument%2B5%2B-%2BEarlier%2BVersion%2Bof%2BLiterature%2BReview.pdf
Scottish Trans. (2022). Reforming the Gender Recognition Act. Retrieved from: https://www.scottishtrans.org/our-work/gender-recognition-act-reform-2022/