The Door to Transphobia is now wide open...
My reaction to the UK Supreme Courts' decision on trans women.
Today, trans people across the UK were left in a state of shock, confusion and worry as they heard the UK Supreme Court rule that a transgender woman is not a woman according to the 2010 Equality Act. This not so surprising ruling has now opened a door that many fear will lead to an increase in discrimination and create suffering for transgender people in areas that were once protected. As a young transgender woman I can’t help but worry about my future. I can’t help but feel alone. Today the courts have proven that they cannot be relied upon to safeguard a small but vulnerable minority in our society.
Throughout my transition, I always assumed that the 2004 Gender Recognition Act and the 2010 Equality Act were unimpeachable. I assumed my rights were secure under law. Today proved how wrong I was and that the trust I had in our legal system was based on naivety. The courts have joined a growing trend of decisions made by governments and politicians that are deeply rooted in transphobia. For trans people across the UK, the courts, parliament, and the government can no longer be trusted.
The pain and anger felt this morning as the ruling was broadcast is not something I am soon to forget nor is it something that won’t be felt again. In reality, I know that myself and my community will continue to face increased discrimination from the system which will always translate to an increase in abuse and threat of violence from hateful individuals in our society. It is this reality that shapes the way many of us choose to live our lives. From avoiding using a restroom, to not leaving our homes to thinking about not wanting to be here. This is the life we currently live. It is the ‘what if’ from today's ruling that has myself and many others terrified of the days, weeks and months ahead.
‘‘From avoiding using a restroom, to not leaving our homes to thinking about not wanting to be here.’’
It is our anger and pain that also begs us to ask the question of ‘why’? Why are we victims of an organised campaign to declare us as ‘enemies’ of women? Why are we being attacked just for being the most authentic version of ourselves? In these questions I must wonder what people who identify as ‘cisgender’ must think about what this means for them. In recent months women who are cisgender but mightn’t fit the stereotypical look of a ‘woman’ have been targeted when in toilets, changing rooms and just walking around. The idea of what a woman is does not only affect the trans community, but instead is rooted in an unconscious bias of both misogyny and transphobia. When those in power are finished targeting me and my friends they will move onto another group to stigmatize and ostracize.
As I take a moment to examine the legal and political institutions that are meant to protect me, I can’t help but wonder what may come next. Today the National Healthcare Service has announced that it will take this ruling into account when writing its policy for same-sex wards. Others are calling for trans women to now be banned from toilets, changing rooms and refuge spaces. Yesterday, trans women could rely on the law to ensure that our basic right to use a toilet was protected. Today we are not so sure we have those protections.
Trans people now face an impossible question; When the institutions don’t protect you, who will? This question will not be answered today and may not be answered for quite some time. What I do know is that trans people have said for years that this would happen. Time and time again we have warned that the current political climate is moving us towards a trend of transphobia and exclusion. Many said this would never happen. Today, we learned that our calls of fear were indeed based in reality.
Trans people are rightly frightened and disillusioned with our systems institutions. It is vital that over the coming days we take time to process what has occurred. We have to sit with our friends and family to digest the new world we live in. Our anger and pain must be used to demand change. The campaign for equality does not end today. We will pick it back up tomorrow and when we do we need the support of our allies. This campaign for true and unending equality does not happen when we are alone. But, instead change occurs when we band together as a community and a society.