Hi,
Well, I think we can agree that the recent judicial review has, to use some classic British understatement, not gone well.
For want of a better metaphor, I am juggling a number of hats…
As one of the organisers for Chameleons, I am trying to keep my cool and calm the understandable concerns – nay, fear – of our community. There’s a number of friends who have transitioned – or who are. We’re now faced with the greater risk of bigots – yes, I’m saying that – yelling about “people in the wrong place”, be that the loo, changing room, etc. What a horrible world!
As parent to a trans teen, I am deeply upset on the ignorance shown by the judiciary on their failure to bring in the lived experiences of trans people. Can you imagine the (rightful) furore if a group of posh white blokes spoke on what it means to be a person of colour in an inner city? I feel that my son – a trans masculine young man – will not have the same rights to privacy and privilege that I do as straight cis-het* bloke. ( Yeah, I present as cis. It’s complicated 😬 ). So, Child 2.0 as he gets older, will he be in the ladies’ loo with his beard and deep voice? Has anyone stopped to think what his presence on a ward or similar protected space, might be? I feel that those who call this ruling a triumph do not understand the complexity of life nor science. They certainly seem to have ignored the intersex community again. Maybe I’m wrong – maybe they do want third zones which publicly out people who they dislike.
As a husband to an amazing lady, I know that the Ever Lovely Mrs J is the same height as me. As fabulous as she is, I know people have judged her and treated her with suspicion when she had short hair and wore punky/andro gear. So my wife and mother to our two cool kids; she’s now got to watch her back because she’s not Barbie stylee in looks? F*** that noise.
As a gender fluid individual I think about my rare trips out, where I’ve needed to use a loo or to try clothes on in a changing room. In both cases, I’ve been fearful that I’ll cause distress or that I’ll cop for some abuse. Thankfully, neither had happened. With those concerns in mind, I now fear for trans folk who have transitioned or are transitioning. I think it’s likely that organisations will panic and in the face of the weaponisation of the -ahem- ‘clarity’, they will capitulate and block trans folk just in case. Just imagine for a mo, the constant background fear of abuse, just going about your life? That’s as wrong for trans women, as it is for cis women to be subjected to by dodgy cis men.
So, what now? I would say look to the Good Law Project, Stonewall, Mermaids, What The Trans?, and Queer AF for their information. They have, IMO, sound advice about coping, and suggestions on how to push back. You can find some of their links in my blogroll.
For me, I feel we need to make our voices heard. This might be by the personal stories told to employers, to shops, councils, etc. Engaging with your union and/or MP might not be a bad idea either. I think we will be in for the long haul but we won’t go quietly. Legal changes are required to unmess this mess.
Look after yourselves and each other 🏳️⚧️
L x
It would have been a lot better if the Supreme Court after it had made its choice had given the time and ordered the Equality and Human Rights Commission to issues some new guidance as to implement courts judgement.
Currently you have a lot of people running around like headless chickens not known what to do.
People are going to make mistakes and the only winners will be the solicitors
IMO, there’s a vacuum of accurate and actionable policy from government around this. With that in mind, I think we’ll continue to see speculation and, dare I say, folk making stuff up to suit their hostile agenda.
As to the EHRC, I have little faith in that organisation given the allegations of staff being bullied for having a the view of equality for trans people. I believe the United Nations called out the department for the transphobic behaviour. Details via this BBC article: https://www.bbc.co.uk/news/articles/ck7p88zx2z2o
That is very disappointing news, I would have expected the EHRC to play fair 🙁
The only people that are going come out this entire sad affair a head is going to be the legal profession.
I expect all toilets will become unisex as a way of avoiding legal issues
Mrs J commented that she felt the decision would go to the European Court of Human Rights.
As to unisex loos for all: I would imagine that’s exactly what the campaigners didn’t want.
Perhaps it’s time to make woman dress as women, in skirts or dresses, tights and a modest heel. Rather than trying to look men in trousers or Jeans with flat shoes or trainers and see how they start crowing and complaining.
Might get people to see some common sense and respect every person’s views.
Sorry. I’m not quite following you. How might such a dress code help?
Mrs J is – and I think always has been – a jeans and boots person. Well, maybe shorts & sandals in the summer 😉 I think people should free to wear what they like – within, of course, the need for all naughty bits to be covered up. No one needs to see those on the school run! 😁
Apologies for poorly made comment, made sense when I wrote it. I was trying to a make a reference to the ‘which toilet to use’ in light of recent changes, and the hypocrisy of the arguments used about women’s ‘safe space’ being violated.
How are they going to check the gender of someone using a toilet, possibly a DNA or chromosome check. I think not!
So that was the comment about dress style, not about peoples right to chose.
When people use a toilet it’s for generally one reason, a comfort break. so apply a common sense approach of ‘if it looks like a duck, walks like a duck, assume it is a duck’
So for the sake of everyone’s safety If they are presenting as a female, use the female facilities, regardless of gender.
Hope this make more sense.
Thanks for clarifying. I was a bit confused but that’s probably down to a lack of coffee on my part 🙂
I’m not yet sure if the current ruling will affect bathrooms or not. Plus there’s the complexity of public or company owned services.
Well, the practicalities of -ahem- policing the loos may yet to be decided. I dare say there’s some Angry Toilet Users – of various genders – who’ll be happy to start persecuting anyone they think shouldn’t be in a particular bathroom. We’ve seen this backfire terribly in the US and it’s unworkable. People are too varied for you to have ‘eye of the beholder’ rulings. Isn’t that heading into “you aren’t feminine/masculine enough to be in here!” which seems horribly rude and frequently incorrect.
Of course, you could insist everyone has an ID card (“your papers, please?” 😁). That would be popular – NOT! 😁 How that would work in terms of everyone being tested for genetic compliance, or that a GRC amends your birth certificate, I don’t know.
Some of us can at least retreat back into our shells for the time being. But I’m horribly aware there are others from whom that isn’t an option, and they have to live in an increasingly intolerant and hostile world, and I fear for them.
Indeed, Susie, indeed. It seems quite an unpleasant period of history around rights. Not just for trans people, but women and ethnic minorities too.
I completely agree with you that for many of our trans community, hiding is not an option. I have found the new interpretation very difficult to process, given Child 2.0’s transition and needs.
I am sorry but not surprised to hear this news from the UK but then, ever since the Brexit vote that made xenophobia, hate and bullying of all kinds not merely acceptable but normative, I have constantly warned and made suggestions to avoid ever increasing fascism in the UK and I even got out of there because all I predicted has happened. Until Britons realise that their ruling and influencing classes are bankrupt and out of ideas and that their xenophobia is not a winner, this will simply get worse. I feel for you in your complex role as a trans person, as a parent to a trans person and as organiser of a trans support group. I don’t know how I can help in much other than moral support but you have my contact details. Many hugs. Sue x
Thank you for your support, Sue. I think we will have to weather the storm. As with previous rulings, I think in the long term clarity will come forward on what this means.
I am concerned that with so many organisations with trans hostile appointees, a neutral and balanced review seems like an impossible task.
I come from a different point of view regarding the sex/gender debate which I hope to enlarge upon a little in my blog, but first and foremost my sympathies are with those people who have transitioned or begun to formally transition in the belief that the Equality Act 2010 established, for once and for all, their right to live in peace, secure in the knowledge that the law would protect them in every aspect of their lives. It has let them down. I’m not a lawyer, but I suspect that the UK Govt might find itself open to challenge based on the law regarding retrospective legislation.
To my mind, no one won with the SC judgement. I don’t know the figures for Scotland and N Ireland, but according to DoJ, 2024, the number of people in England and Wales (E+W) in possession of a GRC – the document that provided that EA right was just under 8,500. Each of those is a person whose rights have been taken away, including at least one friend and a number of acquaintances of mine. The number of people self-identifying as trans men and trans women in the 2023 E+W Census, however, was a little over 90,000.
As far as I understand those figures, what is needed is an independent ‘body’ (no, not the EHRC, or Stonewall et al.) to 1) work to rectify the injustice that 8,500 people have actually suffered and 2) to devise a robust social construct that enables 90,000 people to live their lives in peace, without jeopardising others right to peace. Otherwise, we shall continue with a fragmented series of partial solutions (which was foreseen by some contributors to debates prior to the enactment of the GRA).
Thank you, Nikki. Yes, for people who have transitioned and are living their lives, this must be a terrible shock. Like you, I’ve friends who are currently transitioning and again, this uncertainty around their rights is going to be difficult. Not just for them, but employers and families, as everyone tries to understand what’s needed. This does not seem very well thought-out.
You mention a third party who is independent. That will be tricky and I wish anyone who is truly independent the best of luck with that.