MSP letter:
I am writing to you about my concerns regarding Nicola Sturgeon’s recent pledge to reform devolved legislation for gender recognition to ‘bring it in line with international best practice’ allowing transgender individuals to change their sex on their birth certificate to reflect their gender status, inclusive of 16-17 year olds, and younger children (with parental permission).(1) The Government’s Programme for Scotland 2017-2018 (p113) announces a consultation on reforming gender recognition legislation.(2)
These proposed legal changes have enormous ramifications for women and girls. Sex is a protected characteristic under the Equality Act 2010. However, if any man can self-declare as a woman (without any medical, surgical or even presentation changes), then we cannot identify women as differentiated from men and the biological category of sex becomes legally meaningless, as do the legal rights and protections afforded to it.
This whole area is fraught with misunderstanding and conflation of terms. Gender is often used as a synonym with biological sex (see the GRA 2004 whereby a person can legally change gender but then be issued with a new birth certificate recording their new sex).
According to the Equality & Human Right Commission sex refers to biological and physiological characteristics, with male or female recorded on a person’s birth certificate ie. it’s a material reality. And gender refers to the masculine and feminine stereotypes that are socially constructed eg. boys are tough and suited to technical jobs whereas girls are gentle and suited to caring roles.
Transgender people often define gender identity as an innate feeling of being a man or a woman ie. it’s a subjective feeling. (Non-binary transgender people may also define it as a fluid feeling of being a man or a woman, both, or neither, and may change from day-to-day).
Currently, we separate some facilities and services on the basis of sex to ensure privacy, dignity and safety, and in the case of women’s sport, fairness. If the proposed gender identity laws are enacted and separation is by gender identity rather than sex then any sports team, leadership position, or opportunity for women could be filled entirely by biological men who identify as women, and women would have no way to legally claim sex-based discrimination. No discrimination could be considered to be taking place.
Given that 80-95% of trans-identified males still retain a fully functioning penis(3) and the same criminal and violent behaviour patterns as men(4), it is clear that problems will arise in situations where women and girls are vulnerable. In the US, states that have adopted similar laws have seen violent crime against women in safe spaces double(5), not just from trans-identified men but from sex offenders and paedophiles taking advantage of increased access to women and girls in bathrooms and changing rooms.
I could talk all day about the problems transgender ideology is already causing in the UK, including:
- Rapists and violent trans-identified males in women’s prisons (Martin Ponting(6) who was isolated after sexually harassing female inmates, Paris Green(7) who was twice removed from women’s prisons for having sex with inmates, and Andrew Burns(8) who was deemed too dangerous to attend Alloa court and of whom female wardens have involved their union after refusing to conduct strip searches);
- Trans-identified male athletes winning women’s competitions (Fallon Fox(9) a martial arts fighter who seriously injured a female opponent, weightlifter Laurel Hubbard(10) who set new world records which are unattainable for women, and Andraya Yearwood(11) a US sprinter who has won two girls state titles - without even undergoing any hormonal treatment);
- Trans-identified males in female refuges (Christopher Hambrook(12) who sexually assaulted 2 women in a women’s shelter, and Danielle Muscato(13) whose completed transition includes a beard and business suit, and who tweeted from a women’s shelter “Some women have penises. If you’re bothered by this, you can suck my dick.”);
- Distortion of crime statistics (for example, the average number of women convicted of possession of an indecent photo of a child = 1.3 per year(14), yet three trans-identified males were convicted of this crime last year - Alice Smith(15), Nat Bird(16) and Nicola Florida(17). This more than doubles the crime rate by ‘women’ last year.);
- Loss of meaningful statistics such as the pay gap, educational markers, living standards, medical and scientific research. Given that many of these are included as areas to improve on in the The Government’s Programme for Scotland 2017-2018(2) (eg. p35 pay gap, p80 participation in STEM subjects, p113 representation on public boards) these tasks will become invisible and unachievable. Combine this with the potential loss of the question of sex in the 2021 Census(18) and we will not even know how many women are living in this country;
- Mixed-sex hospital wards, although abolished (for now) in Scotland, continue to cause misery in England with patients concerned about humiliation and loss of dignity, with trusts fined £250 for every breach;(19)
- The affirmation only policy by NHS clinics and therapists(20) which prohibits exploration of any underlying issues of gender confusion in children, such as sexual orientation, depression, anxiety or autism. Puberty blockers and cross-sex hormones are prescribed off-label with no long-term studies on potential harm. Children as young as 10 are given these chemotherapy drugs when they cannot possibly give informed consent to loss of fertility, a fulfilling sex life, or becoming life-long medical patients.
There is a worrying increase in children, particularly girls, referred to gender identity clinics;(21) we need to be exploring the causes for this (possibly social contagion) rather than referring teenage girls for double mastectomies.
However, my primary issue is that transgender ideology is unscientific: we are conflating sex and gender and creating laws as though human beings can change sex when we simply cannot; XX or XY chromosomes are written into every cell in our bodies. What are we teaching our children? There are primary school children who have been led to believe they can choose their sex, and if they like playing with dolls it means they are a girl, and trucks means they are a boy. This is regressive and contradicts current educational equality policy on challenging gender stereotypes.
Teaching materials are already in schools which explain to girls that if they speak up about feeling uncomfortable with trans-identifying boys in their changing rooms then they are committing a hate crime(22). In the current climate of sexual harassment claims in Hollywood, the UK and Scottish Governments and #MeToo, this removal of girl's consent, privacy and sexual boundaries is alarming.
Despite everything written above, I understand that transgender people suffer discrimination and deserve legal protection against harassment and abuse. However, the proposed legal changes ride roughshod over existing sex based protections and endangers women and children.
It is important that this matter is debated and a more equitable solution found. I hope you will speak up for women during consultation and in parliament. I would also appreciate if you could explain how any devolved legislation would integrate with, the perhaps differing, UK legislation such as the Sex Discrimination Act, Gender Recognition Act and the Equality Act.
Legally changing the definition of women is such an important issue so I have emailed this letter to my constituency MSP as well as all the regional MSPs.
Yours sincerely
References:
(1)...www.theguardian.com/politics/2016/apr/01/nicola-sturgeon-gender-recognition-law-trans-people-scotland-snp-lgbti
(2)...www.gov.scot/Resource/0052/00524214.pdf
(3)...Written evidence submitted by GIRES to Transgender Equality Enquiry, 2015
www.parliament.uk/business/committees/committees-a-z/commons-select/women-and-equalities-committee/inquiries/parliament-2015/transgender-equality/publications/
(4)...journals.plos.org/plosone/article?id=10.1371/journal.pone.0016885
(5)...womanmeanssomething.com/wp-content/uploads/2017/05/Gender-Legislation-Increases-Harm.pdf
(6)...www.dailymail.co.uk/news/article-4856268/Transgender-rapist-moved-women-jail-segregated.html
(7)...www.thesun.co.uk/news/2792998/pre-op-transgender-killer-moved-back-mens-wing-sex-female-inmates/
(8)...www.dailyrecord.co.uk/news/scottish-news/court-put-lockdown-dangerous-dirty-11081394
(9)...gendertrender.wordpress.com/2014/09/18/fallon-fox-why-hormones-dont-make-a-woman/
(10)..www.washingtontimes.com/news/2017/mar/21/laurel-hubbard-transgender-athlete-crushes-female-/
(11)..www.courant.com/sports/high-schools/hc-hs-cromwell-track-andraya-yearwood-0407-20170406-story.html
(12)..archive.is/1OrPQ
(13)..Screenshot: see attached image
(14)..Criminal Justice Statistics Outcomes by Offence Tool, average over 10 years from 2006 to 2015
www.gov.uk/government/uploads/system/uploads/attachment_data/file/614418/cjs-outcomes-by-offence-tool-2016.xlsx
(15)..www.eadt.co.uk/news/judge-criticises-lack-of-specific-treatment-for-women-who-download-child-porn-after-ardleigh-woman-20-is-found-with-1-200-indecent-images-1-4733506
(16)..metro.co.uk/2017/09/07/transgender-student-takes-own-life-after-being-caught-with-child-pornography-6909895/
(17)..www.thesun.co.uk/news/2239469/transgender-paedo-jailed-for-raping-boys-and-girls-is-caught-trying-to-develop-indecent-images-of-one-of-her-victims-after-being-released/
(18)..www.thetimes.co.uk/edition/news/no-sex-please-this-is-the-census-sswntgs5z
(19)..www.telegraph.co.uk/news/2017/08/17/tripling-patients-forced-treated-mixed-sex-wards/
(20)..www.transgendertrend.com/children-left-unprotected-by-new-memorandum-of-understanding-on-conversion-therapy/
(21)..www.heraldscotland.com/news/health/15569221.Growing_number_of_children_are_receiving_treatment_for_concerns_over_gender_identity/
(22)..www.transgendertrend.com/cps-schools-project-the-erasure-of-sex-and-the-silencing-of-girls/