Ok, coming back to the thread’s original purpose and what constitutes transphobia, it’s evident to me that there was clear intent behind the legislation to afford protection to transsexuals and but it was not designed or intended to be a blanket acceptance that anyone could simply be legally of the gender they wished.
The legislative changes weren’t driven by transactivists but have been hijacked by them. They were driven by an incompatability with European directives on Human Rights which was highlighted in a test case where the Court ruled that a marriage between two people of the same sex under UK law was illegal.
The consultation papers and reports prior to the Gender Recognition Act coming into force clearly demonstrate that the legislation was intended to ensure that transsexuals had, enshrined in law, the right to live their lives free from discrimination in all areas of life. The Act is specific in requiring a Gender Recognition Certificate to be issued before a change of gender is considered valid. Unless such a Certificate is granted, there is no legal concept of a biological man or woman becoming the opposite gender. Furthermore, the Act deliberately is not retrospective – it is clear that sex/gender prior to the issue of a GRC remains that person’s prior sex/gender.
There was considerable debate about the issue of sex and gender and it was evident that the UK Government came to the conclusion that sex and gender are very different things but that it was impossible to legislate in respect of sex. The UK Government recognised that it was not practical or sensible to insist that an individual should always require to undergo GSR prior to or after the issue of a GCR so recognised that a person was not changing their sex but simply their gender. This was a concession due to the fact that not all transsexuals would be medically able to undergo GRS and who would therefore be treated unfairly otherwise.
The way around it was to restrict the definition to gender but allow for this to be considered as sex for the purposes of pension rights, medical treatment, sexual discrimination etc. They recognised that this would no doubt give rise to cases where the Courts were asked to define sex and gender but accepted that it was the most practical solution to a fluid concept.
Which brings us back to transphobia. The legal protection is afforded only to those who obtain a GRC. Someone with a GRC is not recognised as being female or male their entire lives but female then GRC then male or male then GRC then female. The term transphobia has become much more than the legal position but clearly there is a distinction between transphobia which meets the legal definition of harassment and transphobia which simply comprises a statement which is discourteous.
To shut down the voices of women who express genuine concerns about biological men claiming to be women but who have not and do not intend to get a GRC is censorship. Yes, women should voice their concerns sympathetically and courteously but is it wrong to refer to them as transphobic.
Finally, the House of Lords Joint Committee on Human Rights made it clear that ‘different treatment does not amount to improper discrimination if there is a rational and objective justification for it’. I would offer that this is what feminists mean when they talk about protecting the needs of women in the context of discussing trans issues.
Apologies for the essay and I do appreciate the thread has moved on somewhat but just wanted to provide some contextual background to support my views that transphobia cannot be considered to encompass women discussing issues which affect them.