Hi,
Apparently, a week in politics is a long time. Sadly, it doesn’t seem quite enough for the current administration to learn what the Scottish reform would actually do (Hint: it does not break the Equality Act of 2010). That or to look at how the elected Scottish government studied, debated, and amended the legislation before approving it.
In fairness, the problem is that they didn’t mark the legislation from any of the following: VIP Lane for COVID Supplies; Offshoring: How I Like My Personal Wealth and Refugees; or I’m a Millionaire, Get Me Outta This Tax System 😋
Ropey satire aside, what is the personal effect of the above blocking? Well, it underlines the current government’s active dislike for transgender people. I don’t know who they’re listening to, but it doesn’t seem to be evidence based nor the transgender community. Mind you, ministers seen unable to take on advice from scientists, economists, and other experts, so perhaps we’re in good company. 🙄
I know I’m preaching to the choir here, but the block via Section 35 feels… petty. I feel there’s better things they should be focused on:. the cost of living, the energy crisis, climate change, the state of the NHS from years of austerity, resolving the Brexit red tape, literal predatory men within the police force, etc. But no, ideas we need to be hyperfocused on tEh iNsidouS rsiK frUm traNzgednErs. 🙄
I’ve said it before and I’ll say it again in that the same nonsense said about LGBQ people in the 80s, is being said about trans folk now. What if one of them is eyeing me up in the bathroom? or what if my children read about being gay and turn?
LGBTQ people don’t need to recruit – we exist and we’ve always been here. There was no TikTok or celebrity role model to ‘turn me’. Indeed, if someone could be influenced, given all the cisgender and heteronornative culture I was exposed to daily, you’d think I’d have grown up not to be trans. Yet, here we are.
Perhaps, like the situation around showing people to write with their left hand, or finally letting people love who they prefer, some of us are different. Not better or worse, just different. One size does not fit all.
So, what next? Probably a court case of some sort. I’m no expert on constitutional law – and I certainly don’t identify as one 😉 – and yet the arguments to block it seem weak. Maybe things will be delayed. Perhaps the Scottish will push to leave. Maybe, just maybe, as with the removal of Section 28, in decades to come, we will look back at this period and wonder what the **** was going on.
I’ve read that the road to progress isn’t smooth. It’s one beset by pushbacks, shouting, the occasional riot, and eventually, humanity does the right thing. Perhaps some history is witnessed best from afar.
Until then, I guess we must be strong and remind ourselves that we’re not threats or risks; just people. Humans in need of rights.
L x
PS: It seems the Conversion Therapy ban will be going ahead after a considerable delay. Mind you, given the toxicity and U turns, I’ll believe it when I see it.
It seems both Westminster and Scotland are determined to make an issue of this situation, Scotland is using as a device to further their independence claim and Westminster views it as an attempt to undermine their sovereignty with the trans community having to play piggy in the middle and thats not fair.
There is an option for Scotland to change their law and Westminster might back off, but I expect it will go to the courts with one party asking for a judicial review ie asking a judge to say if Westminster or Scotland has the legal power to do what they have done. Both parties will appeal the issue until it reaches the supreme court. Because Scottish and English high court judges have been know to disagree.
Forgive me, but change how? I’m not sure there’s a way out of it by changing anything in the law – beyond essentially rendering what Scotland have done null and void. After all, it was a relatively modest change in one aspect of health law. You are right that trans-people have been drawn into the middle of a constitutional issue, but that was the plan of the Westminster end and telegraphed well in advance by the GC crowd.
In that sense, it kind of has to go to the Courts because this has never been invoked before and no one is really sure of the legality of using it this way. It was supposed, Section 35, to be a constitutional safeguard to prevent something splitting the Union, now it is being used as a means to play constitutional chicken for hidden cheerleaders (I do not believe GCs are that powerful, but I do believe our government to be that desperate to play culture wars: after all, it works well elsewhere for the right).
I don’t profess to have a compromise here, I’m not sure there is one. One side will have to win, one side will have to lose. And, as a student of politics and a trans-person (skin in the game), I am certain that the price won’t be paid by those who can most afford it.
Are you suggesting that this government have used another “surely no one would be mad enough to use this” route to get out of something they didn’t like? 😋 🇪🇺
Off the top of my head, compromises might be – and by no means I am suggesting these are a good idea or sensible! – as follows:
– longer ‘real life’ test
– being older than 16
– medicalisation evidence
– harsher punishments for those who backout
– a longer list of those not allowed to apply
The risk, in my mind, is I hope the current lot are not dumb enough to gut the Equality Act of 2010 so they can appeal to core of the Nasty Party.
This may seem flippant but there are times when I truly feel we’re slipping into some type of dystopia. Troubling times.
Did you actually read the contents of the latter that was sent to Scotland from Westminster ?
“I know we both have a shared desire to protect the rights of both women and transgender people”
“The Equality Act 2010 is a vital piece of legislation”
Being quotes from the letter that was sent.
I would that this matter can be resolved by some judicial advice, its happen before. Labour once was a bit of very vague tax law, it was taken to judicial review, the judge found for HMRC but told them that they need some judicial advice, council for HMRC said they did not. The judge told council and HMRC that they did and they interrupted again and I shall hold you in concept! The judge then give his advice and its been used ever since.
All I will say for compromises, is that it can be a very toxic issue for some people, a change everything strategy will not work, I am hoping that some form of positive change comes out this entire debate
Given the Conservative faux war on transgender people, I’m not sure if any compromise is actually possible. I say that as someone who seeks a choice to defuse a situation, and yet all parties need to be willing to accept change. There’s some allies in all parties, but their voices are often drowned out – or have less exposure? – compared to the line certain reporters want to spin.
I’m inclined to believe that Scotland truly wishes for progress on gender reform. It wasn’t so long ago that Teresa May was at a Pink News event saying improvements – including a comprehensive ban on Conversion Therapy – were needed. Now, we have this nonsense to put up with.
What is Conversion Therapy in this area ?
A. Is it the conversation that a child has with their surprised parent when they say they are ‘trans’ at the age of 10, some parents might assume its a passing fad at that age and try and talk their child out of it.
B. Perhaps its the conversation that the psychologist may have with a patient when people are trying to get a GRC
C. It might the foul mouth bigot hate crap that some cretins come out with!
D. A poor joke in a sixties carry on film
If you can find a set of words that says A, B and D are OK and C requires legal address then you are halfway there.
Conversion Therapy should be illegal, but I want to see something that is going to work
Conversion Therapy is none of the above. It’s more a course or programme that a LGBTQ+ person is forced to attend, in order to ‘cure’ them of being anything but cisgender and heterosexual. Such events are damaging, ineffectual, and have been debunked by experts.
You cannot ‘pray away the gay’ as many have mocked and given the psychology damage such events cause, we need to implement a ban.
I stand corrected about the nature of Conversion Therapy, a person that demanding that somebody undergo such treatment belongs on the end of somebodies boot
I left the UK nearly 5 years ago so I’m not sure why I keep following what’s going on there. Maybe it’s the same horrified fascination that makes us stare at a road accident. It boils all my fluids, not just those I give away for free, to see trans people caught in this nasty tussle between devolved and centralised powers.
“If someone could be influenced,” you said “given all the cisgender and heteronornative culture I was exposed to daily, you’d think I’d have grown up not to be trans. Yet, here we are.” This does show up the idiocy of Section 28 / Conversion therapy thinking. The problem with religious thinkers in particular is that they assume that, because you become religious by conversion, that is how people become anything. I’ve heard creationist types talking about “disciples of Darwin”, for example, as if Chaz sat people down like Jesus did and preached evolution at them till they were corrupted by him and those people went and did the same, like the apostles. Coming from a family of religious bigots, I can assure you that many such people consider that being black or gay or disabled has little to do with birth, genes, hormones or whatever and everything to do with wilful perversion by the person or someone related to them. To an outsider this seems deranged, cruel thinking, but that is how their narcissistic minds work and reasoning with them leads nowhere. Conversion therapists will still operate, only now it might be possible to bring legal sanctions against them, assuming the UK government does the right thing. Don’t hold your breath.
Sue x
Why look? Morbid fascination, secretly hoping things will improve, or something else? It’s not looking great if you look at things for many folk in the UK. Money – of course – makes things easier, although the affluent are noticing the Cost of Living and NHS issues now.
Moving on… 🙂
Let’s hope the new legislation helps reduce the nonsense further. More enlightened communities have put it behind them.