Trans – has the debate become too toxic to move forward?

Government proposals on changes to transgender equality legislation sparked debate that some said became toxic and harmful to human rights. The Harry Potter author J K Rowling has been one who has voiced concern. Now the government has made some changes, following publication of their response to their consultation – do these go far enough? Are you aware of the issues? Have staff or students expressed a viewpoint? Should we close such discussions down? How do we move forward in this debate? And when did you last provide trans awareness training for staff?

‘We have to acknowledge there are lots of difficult issues in relation to women-only spaces, but shouting at each other doesn’t help anybody,’ says former head of the Equality and Human Rights Commission (EHRC).

David Isaacs recently stood down from his position as chair of EHRC, but not before raising concerns over the ongoing ‘toxic’ debate around transgender rights in the UK. He stressed the need for people to engage in ‘respectful listening’ if we, as a country, are to move forward.

Angry debate was sparked by proposed changes to the Gender Recognition Act, which would allow trans people to change their birth certificate and have their identity legally recognised without a medical diagnosis. J. K. Rowling is one who has shared concerns, with some accusing her of expressing transphobic views. Three of these concerns are explored below.

1. Rowling’s key concerns – are they valid?

(i) Can a person change their gender at will nowadays?

Rowling has said that many people are unaware that the proposed changes in the law means that “a man who intends to have no surgery and take no hormones may now secure himself a gender recognition certificate and be a woman in the sight of the law”.

However, this has been the case since 2004, when gender recognition legislation came into effect. Under this legislation, the only legal requirement for changing a birth certificate is proof of living in one’s preferred gender.

Transgender reforms, which were initially put on hold during the spring pandemic lockdown, remove the current requirement for applicants to provide medical evidence of their diagnosis of gender dysphoria, but other checks and balances remain. For example, those applying for a gender recognition certificate are entering into a legal agreement to live in their preferred gender for the rest of their life. There remains a requirement that a person has lived in the acquired gender for three months before signing the statutory declaration, and waits for a further three-month reflection period before the certificate is granted.

(ii) Are women-only spaces under threat?

Rowling has expressed concern about the safety of women in places of safety such as refuges from male violence. She has said:

“when you throw open the doors of bathrooms and changing rooms to any man who believes or feels he’s a woman … then you open the door to any and all men who wish to come inside”.

However, organisations such as Rape Crisis Scotland and Women’s Aid Scotland have operated trans-inclusive policies with few reported problems.

Transgender groups have said that given their low numbers (0.6%) in society, the obsession over the use of toilets is unhelpful and that “the amount of obsession over where we pee is disproportionate to the likelihood of bumping into one of us”.

(iii) Is there evidence that more young people are transitioning, and then regretting it?

Rowling has suggested this. One problem is that there has been no systematic tracking in the UK of what happens to people after transitioning, so it is hard to offer evidence other than the anecdotal. However, organisations such as the Scottish Trans Alliance have said that the numbers of people de-transitioning are “a handful”.

2. What’s the government’s response to the changes?

After nearly two years of waiting, the government finally published its response to their Gender Recognition Act consultation in September 2020. They have agreed to make some minor administrative improvements to the process of legal recognition, which is a small step in the right direction. However, the process will not be de-medicalised. Trans people have said that the current medicalised process is intrusive, bureaucratic, demeaning and unnecessary.  

Nancy Kelley, Stonewall, Chief Executive said:

‘The UK Government has fallen far short on its promise to reform the Gender Recognition Act, and has missed a key opportunity to progress LGBT equality.

3. So how do we move forward?

Rowling has been on the receiving end of a considerable amount of hostility and abuse, particularly over social media.

David Isaacs, the former chair of the EHRC, has said:

“We have to acknowledge there are lots of difficult issues in relation to women-only spaces, but shouting at each other doesn’t help anybody. We need to move beyond that toxic debate so talking to each other, engaging in respectful listening even if you disagree, that’s the only way forward.”

“[On majority of the issues, there was] ‘lots of consensus’ that discrimination against trans people should not take place”

“It’s just that we’ve got a few areas [where there is disagreement] – toilets, refuges and the age at which young people can actually begin treatment or block their hormone development – but on the rest there is real consensus, and we never talk about that.”

So the only way forward, seems to me, to be this:

a) We all need to agree that people have concerns and they have a right to express these concerns, albeit in a respectful way

b) We all need to be prepared to genuinely listen to one another, even if that involves listening to viewpoints that are different to our own

c) We all need to be prepared to be informed by facts and to recognise that we might have inadvertently picked up the ‘wrong end of the stick’, for example on what the law actually says or what the reforms actually mean

d) We all need to identify common ground; areas where, as David Issacs has said, there is a real consensus. We may well end up finding out that there is more that unites us than divides us

When did you last provide trans awareness training to staff?

Don’t hesitate to get in touch if you are interested in trans awareness training. Workshops provide an opportunity to understand issues, stand against transphobic discrimination and offer safe spaces for open discussion and debate in a respectful environment.

I am always happy to provide a free consultation and / or free costed consultancy proposal in response to your brief. You can get in touch with me using the contact page of my website

http://www.christinerose.org/contact/