I don’t often do this sort of thing, and I am definitely not asking you to give money to anyone. All I want you to do is write a letter. Let me explain.
By now the chances are that you have heard of Wednesday’s ruling by the UK’s Supreme Court which, in a very limited sense, defined a woman as someone whose birth certificate says they are a woman. The Court made it clear in their ruling that this should not be taken as an excuse for a wholesale rollback of trans rights, but neverthless the UK media has been full of stories about how trans people in the UK no longer have any legal rights. In addition various organisations have immediately adopted transphobic policies, and the Equality & Human Rights Commission (which was stuffed full of transphobic staff by the previous Tory government) has promised to bring in statutory guidance to remove all trans rights.
Much of what is going on is a massive overreach given the nature of the judgement but, because this is being done by quasi-government organisations such as the EHRC, it is very difficult to challenge. The only way to overturn what the EHRC is saying is to challenge their rulings in the courts. As we know by now, the anti-trans lobby is extremely well funded and has the power to appeal any case up as far as the Supreme Court, who will find against any trans people, regardless of the merits of the case. So legal cases will only serve to strengthen the amount of legal precedent against trans rights.
The government is very happy about this. It means that they can sit back and watch trans rights being eroded without them having to actually do anything, and thereby avoid any blame. This allows Starmer & co to stay in the good books of the likes of Trump, Musk and Rowling. The media is full of articles about how UK politicians will be breathing a sigh of relief because the trans issue is now “over”. That is, they say, trans people no longer have any rights, and no one of any importance cares.
The only way that we will be able to challenge this is if politicians throughout the UK start to worry that things have gone too far; that their constiuents are actually angry about the way in which a vocal and wealthy minority has been allowed to wage a campaign of hated against a small and largely defenceless group; that constiituents are deeply worried about what these changes in the law will mean for them, even though they are not trans.
I’m busy working with Plaid Cymru to see what we can do from a Welsh Government angle. What I would like you folks to do is write to your MPs. Or, if you are not UK citizens, write to your local British Ambassador, because the UK does still get a lot of money from tourism. Here are a few things worth mentioning.
The new regulations are likely to be applied in a very discriminatory way, in that defining trans people by the sex they were assigned at birth will only be applied to trans women. Trans men will be mostly immune, because no one wants people with deep voices, beards and penises in women’s toilets or changing rooms. Nor does anyone want any excuses for predatory men to force their way into such spaces on the grounds that they are trans men. Goodness only knows what will happen with non-binary people. It will probably be quite random depending on what other folks assume is on their birth certificate.
Having said that, all trans people will suffer from withdrawal of medical services. Trans men may no longer be able to access necessary screening for cervical cancer (and goddess knows it has been hard enough for them already). Trans women may be denied access to breast cancer screening, because it is an article of faith amongst the anti-trans brigade that trans women cannot grow breasts naturally and therefore do not need breast cancer screening. The fact that this is medical nonsense will not stop the zealots at the EHRC from issuing discriminatory regulations.
More generally, trans people, and trans women in particular, will be terrified of having to go to hospital. I’d certainly rather die peacefully at home than be let die in the men’s ward of a hospital by transphobic staff who amuse themselves by abusing me while it happens.
Then there is the whole toilet issue. The EHRC has promised to make it a crime for trans women to use women’s toilets. It will probably also become a crime for an organisation owning toilet premises to allow a trans woman to use women’s toilets. Businesses all over the country will have to get into toilet policing. And doing so effectively will be largely impossible. Of course the transphobes insist that they can “always tell”, but everyone knows that they can’t.
The inevitable result of toilet policing (and similar activities in changing rooms in shops, sports facilities and so on) will be that large numbers of cisgender women, predominantly lesbians and women of colour who do not conform to Western standards of feminine beauty, will be subject to abuse, denial of access to facilities, and even arrest, because they have been mistaken for trans women.
It is worse than that. The British Transport Police have already decided that anyone suspected of being a trans woman must be strip-searched by male officers. Given the shameful record of convictions for sexual abuse by male police all over the country, I’m sure that this will be expanded to other forces. This is effectively providing an excuse for male police to sexually assault any woman they take a fancy to. And because you cannot tell whether a woman is trans by looking at her (even looking at her naked), cisgender women will find themselves having to carry their birth certificates with them everywhere.
Talking of ID, the Gender Recognition Act allowed trans people to obtain driving licences and passports in their acquired gender. The EHRC has vowed to put a stop to that. This will make it impossible for me to travel overseas, because my passport will appear to belong to someone very different from the person I appear to be.
Over the coming weeks we will doubtless discover additional issues that this ridiculous judgement has caused, and I haven’t even begun to touch on the implications for intersex people who are innocent parties in all this. But hopefully you have enough to be going on with. The UK government is relying on the fact that no one cares about trans rights except trans people, and there are too few of us to matter. Please help prove them wrong.