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21st century anti-trans movement in the United Kingdom

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The early 21st century saw a rise in and increasing organisation around anti-transgender sentiments in the United Kingdom, the most common strain being that of gender-critical feminism. This has led to some referring to the United Kingdom by the nickname ‘TERF Island’.[1]

Background

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Transgender rights in the United Kingdom

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Main article: Transgender rights in the United Kingdom

Gender Recognition Act of 2004

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Main article: Gender Recognition Act 2004

In 1970, a judge ruled that transgender people could not change the sex listed on their birth certificate. Following cases by trans rights organizations, the European Court of Human Rights issued a ruling that the UK government's policy was in breach of human rights. This led to the implementation of the 2004 Gender Recognition Act (GRA).[2] The GRA allowed trans people to change their legal sex with the requirement they be medically diagnosed with gender dysphoria and having lived for two years as their "acquired" gender.[3]

In June 2020, the European Commission argued these to be "intrusive medical requirements" out of line with international human rights standards.[4] In 2021 the House of Commons women and equalities committee and the United Nations Independent Expert on sexual orientation and gender identity concurred and called for gender self-identification to be the policy.[3]

Gender-critical feminism

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Main article: Gender-critical feminism

Gender-critical feminism, also known as trans-exclusionary radical feminism or TERFism,[5][6][7][8] is an ideology or movement that opposes what it refers to as "gender ideology",[9] the concept of gender identity and transgender rights, especially gender self-identification. Gender-critical feminists believe that sex is biological and immutable,[10] while believing gender, including both gender identity and gender roles, to be inherently oppressive. They reject the concept of transgender identities.[11]

Gender-critical feminism has been described as transphobic by feminist and scholarly critics,[5][8] and is opposed by many feminist, LGBTQ rights, and human rights organizations.[12][13] The Council of Europe has condemned gender-critical ideology, among other ideologies, and linked it to "virulent attacks on the rights of LGBTI people" in Hungary, Poland, Russia, Turkey, the United Kingdom, and other countries.[14] UN Women has described the gender-critical movement, among other movements, as extreme anti-rights movements that employ hate propaganda and disinformation.[15][16]

In several countries, gender-critical feminist groups have formed alliances with right-wing, far-right, and anti-feminist organisations.[17][18][19][20]

Rise in anti-trans sentiments

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In 2016, the House of Commons' Women and Equalities Committee issued a report recommending that the Gender Recognition Act 2004 be updated "in line with the principles of gender self-declaration".[21] Later in 2016, in England and Wales, a proposal was developed under Theresa May's government to revise the Act to introduce self-identification, with a public consultation opening in 2018. This proposed reform became a key locus of conflict for the emerging gender-critical movement, seeking to block reform of the Act, however 2018 found a significant majority of respondents in favour of the GRA reforms.[22]

Another key locus of conflict for the emerging movement was the stance of LGBTQ rights charity Stonewall on trans issues. In 2015, Stonewall had begun campaigning for trans equality, with Stonewall head Ruth Hunt apologising for the organisation's previous failure to do so.[23]

Media involvement

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Beginning in the late 2010s, British media outlets across the political spectrum began publishing articles positioning transgender rights as being directly at odds with the rights of women and children.[24][25]

According to Professor Lisa Tilley of the University of London, the British media created an environment where "male violence is also displaced from the real culprits onto vulnerable transgender people, who are demonized collectively as abusers, rather than more accurately represented as victims and survivors of abuse".[24]

Christine Burns, author of Trans Britain: Our Journey from the Shadows, stated in a CNN article that The Times and The Sunday Times newspapers in particular published "six trans related pieces in 2016" but "over 150 in 2017 and similarly each year since" which painted trans rights as dangerous and censorious. Other news outlets that took part included Sky News, The Guardian, and the BBC.[25] [24] Burns would later describe this as a "trans backlash" stemming from 2015.[26]

In December 2020, the Independent Press Standards Organisation released a report stating that the average number of UK media stories about trans rights had jumped 414% between May 2014 and May 2019, from 34 per month to 176 per month, and that in the preceding year of research that number had risen to 224 stories per month.[27]

Moving into the 2020s, the British media climate in the U.K. grew further hostile to trans people.[28]

One high-profile example of this hostility came in the form of the 2021 BBC article "We're being pressured into sex by some trans women", in which the BBC cited a social media poll from an anti-trans activist group to say that cisgender lesbians were being forced to have sex with transgender women under fears of being labeled transphobic. The article included statements from the LGB Alliance, and from an individual who would shortly after the article's publication call for all trans women to be executed. The article included no statements from any trans people.[29][30][31]

Organisations founded

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In 2019, the LGB Alliance was founded in opposition to Stonewall's 2015 pivot towards supporting trans rights, accusing the organization of in doing so having "undermined women's sex-based rights and protections" and attempting "to introduce confusion between biological sex and the notion of gender".[32][23]

The year 2019 also saw the formation of the Women's Declaration International (formed as Women's Human Rights Campaign) by noted gender-critical feminist Sheila Jeffreys and co-founder Heather Brunskell-Evans. The group published a manifesto titled the Declaration on Women's Sex-Based Rights, which argued that recognising trans women as women "constitutes discrimination against women" and called for the "elimination of that act".[33][34]

In 2021, the group Genspect was founded in close affiliation with the American lobby group The Society for Evidence-Based Gender Medicine - both of which have since been designated as anti-LGBTQ hate groups by the Southern Poverty Law Center; and both of whom’s activities focused primarily on lobbying both politically and within the field of medicine, against access to gender affirming care.[35][36][37][38]

Policy changes

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In 2021, it was ruled in the landmark case Forstater v Centre for Global Development Europe that gender-critical beliefs are “worthy of respect” and qualify for discrimination protections on the same level as religion; but while this ruling made such views a protected belief, it did not grant the right for holders of such beliefs to discriminate against transgender people themselves.[39] Maya Forstater, the plaintiff, had sued her employer, the Center for Global Development Europe, for not having her employment contract renewed after expressing gender-critical beliefs.[40]

In April 2021, the Equality and Human Rights Commission submitted evidence backing Maya Forstater in Forstater v Center for Global Development Europe.[40] PinkNews reported that the EHRC issued a statement saying "We think that a 'gender critical' belief that 'trans women are men and trans men are women' is a philosophical belief which is protected under the Equality Act".[41]

Gender Recognition

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In the late 2010s, a number of groups were formed in response to the proposed GRA reform, including Fair Play For Women, For Women Scotland, and Woman's Place UK.[22]

In January 2022, the EHRC released dual statements opposing the removal of administrative barriers for trans people to receive legal recognition in Scotland, and asking that England and Wales' ban on conversion therapy not include trans people.[42][43] A month later, Vice News reported that it had been leaked sections of an unpublished EHRC guidance pack dating to late 2021, which advised businesses and organisations to exclude transgender people from single-sex spaces - including toilets, hospital wards, and changing rooms - unless they held a Gender Recognition Certificate (GRC). Vice reported that the guidance, which had been due to be released in January 2022, but had not been published as of February 2022, was aimed at "[protecting] women", and that just 1% of trans people in the UK held a GRC.[44]

In June 2022, the EHRC later stated that transgender people could be excluded from single-sex spaces as long as it serves a legitimate aim, such as “privacy, decency, to prevent trauma or to ensure health and safety".[45] In May 2023, a United Nations investigation found that the EHRC had deliberately acted with the objective to reduce human rights protections for transgender people who had legal gender recognition.[46]

In July 2024, the EHRC released guidance clarifying that sex-based occupational requirements included sex as modified by a GRC, but that under schedule 9 of the Equality Act 2010 employers were permitted to exclude transgender persons even with a GRC. The guidance stated that the basis and reasons for any occupational restrictions should be clearly stated in any advertisement.[47][48]

Conversion Therapy

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Restrictions on healthcare

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Bell v. Tavistock

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In 2020, The High Court issued a ruling banning transgender patients under the age of 16 from receiving puberty suppressing medication for the purpose of preventing the development of unwanted secondary sex characteristics. This led to many patients having their care cut off, and consequently having to undergo the puberty of their assigned gender at birth.[49] Many more patients over the age of 16 also had their gender-related healthcare cut off, even if that care did not take the form of puberty blockers.[50]

In late 2021, the ruling was overturned on appeal, and puberty suppressing treatment was allowed to resume.[51]

Cass Review

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In 2024, the publication of the controversial Cass Review of youth gender services led to a criminal ban on puberty blockers being enacted, and a general shift in NHS transgender policy towards gender exploratory therapy.[52][53] The review's recommendations were generally welcomed by the British medical community, [54][55][56][57][58] however the international medical and academic communities generally criticised or rejected the review on grounds of both methodology and findings.[59][60][61][62][63][64][65][66]

Education

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In December 2021, the Girls' Day School Trust, the largest network of girls' private schools in the UK, issued a blanket ban on trans girls being admitted to any of its schools.[67]

In August 2022, Attorney General Suella Braverman opined that it is lawful for schools to misgender, deadname, ban from some sports, reject from enrollment based on their trans status, and refuse any and all other forms of gender affirmation to trans kids, and that to recognise their identities as trans could qualify as "indoctrinating children".[68]

Sports

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In September 2021, the UK Sports Council Equality Group issued new guidance saying that in their view, trans inclusion and "competitive fairness" cannot coexist in sports. The SCEG based its guidance on 300 interviews regarding personal opinions on the matter, conducted across 54 sports and 175 organisations, with only 20 of those interviewed being trans people.[69] In June 2022, the then UK Secretary of State for Digital, Culture, Media and Sport Nadine Dorries met with the heads of UK sporting bodies and told them that "elite and competitive women's sport must be reserved for people born of the female sex".[70]

International Responses

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In 2021 the Council of Europe's Committee on Equality and Non-Discrimination warned that:

ongoing social, political and legal debate [in the United Kingdom (UK)] about what constitutes harmful discourse when it comes to trans people and their rights, and arguments defending freedom of expression have been – and are still being – used as a tool to justify transphobic rhetoric, further penalising and harming already marginalised trans people and communities

and concluded the "“gender-critical” movement, which wrongly portrays trans rights as posing a particular threat to cisgender women and girls, has played a significant role in this process".[71][72]

References

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