Originally published: 26.11.17
When there is conflict between trans rights and women’s rights (such as whether toilets and changing rooms should be segregated by ‘sex’ or ‘gender’) an open debate should be encouraged to ascertain how best to accommodate the rights of both parties. This hasn’t happened, and it hasn’t happened in a big way, so it’s worth looking at how and why the debate has been stifled.
The Gender Recognition Act 2004 gave trans people a right to be legally recognised as the opposite sex. The Equality Act 2010 gave the characteristic of ‘gender reassignment’ a protected category status. At that time ‘gender reassignment’ essentially meant ‘sex change’ – the language used in the Act refers to transsexuals, and people understood ‘trans’ to mean a transition of some sort, usually (at that time) from male to female. The Act was for a person who was ‘…proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex’. Although biologically impossible, sex change was recognised in law as it was the only treatment which could alleviate the suffering of a minority of people with gender dysphoria.
Read more When Women’s Rights Are #NotaDebate, by @helensaxby11