In the UK in 2021, trans legal rights remain robust, though increasingly under attack. Nonbinary as well as binary trans are protected from discrimination. From the moment we decide to transition, trans women expressing ourselves female are entitled to use women’s services. In its code of practice issued in 2011, the Equality and Human Rights Commission put strong restrictions on the right to exclude someone because she is trans, including that it should be case by case- being entitled to exclude one trans woman does not mean a service can exclude all.
Some facts are relevant. Sex is real. Without sexual reproduction the species dies out. I don’t have a uterus, and have never menstruated. And, trans is real. People have transitioned for millennia over many different cultures. We are a harmless minority, and the way the Labour government chose to integrate us, by giving us a right to be treated socially in our true gender, helps us to flourish. The government followed the lead of the European Court of Human Rights.
There is no such thing as “gender ideology”, and there is no harm to women from including trans women. Attempts to claim crime statistics on women should exclude trans women are merely silly. But fearmongering and hatred are normalised, in the BBC, Guardian and New Statesman as well as the Times and Daily Mail. Now the Women and Equalities Committee of the House of Commons calls for a legal definition distinguishing sex from gender, and that has no purpose but to say that because trans people change gender and not sex, we should be excluded from “single-sex spaces”. That would turn our lives upside down.
We might still be tolerated, in practice, in women’s loos, but we would be even more likely to be misgendered and abused, and that would extend to gender nonconforming people. Whatever the law, whatever the attitude in the wider culture, we will always be able to find communities where we can be ourselves. Quakers have spoken out about our need to welcome trans people (pdf). I also have the Lovely Gathering.
Daily, we read of more hostility. JK Rowling is fatuously but angrily claimed to be “cancelled” even as yet another fantastic beasts film slouches towards us. The reporting is skewed. I am not particularly familiar with the Equal Treatment Bench Book, but it helps judges treat vulnerable people according to their human rights. A thief should be punished for their offences, taking into account all mitigating factors, and not for who they are- trans status, colour, gender. So trans people are treated as belonging to our presenting gender, so that we have less reason to believe the court is against us from the start.
The change in this revision is the belief that some witnesses might have a reasonable expectation of misgendering us. The example given in The Guardian is of a husband who assaults their wife and subsequently transitions. That is, they report the tale of the Violent Trans, even though we suffer more violence than we inflict. The Guardian report suggests the new thing is that judges should use our preferred pronouns, even though it has been like that for years. I checked the February 2021 edition, and the guidance on treating us in our true gender was there, but not the permission to misgender.
Tara Wolf‘s case showed a judge asking hostile witnesses at least to use neutral pronouns, in a case he said would not have been brought without media interest in a trans v terfs narrative. This is another example of emphasis on supposed rights of those who object to us, such as cis women sharing a building with trans women in prison.
Transphobia is organised and amplified in Britain. And we have allies. I love Tom Daley’s Christmas message. With hate against minorities managed for political ends, gay people should know that if you say nothing, they come for you next. And always the demonisation, as if quiet, gentle trans people were angry, oppressive and violent, and women were rightly frightened; as if the problem of violence against women would be solved if all the trans were excluded.
People will continue to transition. In 2022, more trans people than ever before will express themselves as their true selves, finding it just too painful not to.