This began as a post in Daimbars Self ID thread but it grew so big I figured I would put it in a post of it’s own!
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It occurs to me that the reason I have, up til now, been very sympathetic to the trans cause, and been willing to look for some kind of negotiated middle ground, is because I have been thinking of the wonderful transfolk in my life, and how they pose no danger to me nor my children, and how the absolute last thing I would want is for them to have harder lives than they do already.
I haven’t posted anything gender critical on my social media, because I wouldn’t want to upset any of my trans chums, nor my friends who have trans partners.
This afternoon I’ve concluded that I’ve got to stop thinking this way.
It’s not about MY trans friends, it’s not about MY comfort.
My trans friends are kind, thoughtful, quiet, attempting to fly under the radar, not trying to break down barriers and insert themselves into spaces they know are not their spaces.
I’m a weightlifting, brick removing, tree pruning, able bodied, educated, heterosexual, married woman who isn’t at risk of homelessness, drug addiction or domestic violence.
But, as we know NATALT, and lots of women are far more vulnerable than me.
So, with all that in mind, here is my current position on how we reform both GRA2004 and EA2010, whilst both preserving women’s sex based rights AND making the lives of transfolk easier.
Firstly:
No to Self ID that allows male born people to co opt the legal designation of ‘woman’ or ‘female’
No to accessing ANY of the places or positions allocated only for women.
No changing birth records, no hiding of criminal pasts.
No to competing in women’s sports.
No standing on AWSL
No policing of the language women use to describe their own bodies and their own experiences.
No to conflating sex and gender,
Statistics to be compiled based on birth sex for everyone AND adopted gender by those that have one.
Options to request medical examinations or airport pat downs etc be carried out by people sharing your birth sex. Options for professionals to refuse to provide medical examinations or airport pat downs to those of the opposite sex.
No negotiating. No changes to the above to be made without consultation with women and women’s advocacy groups.
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However - yes to Self ID that gives you legal protection for your adopted gender and gender presentation - no need for a medical diagnosis, it can be like deedpoll.
Yes to a selection of theoretical genders to chose from (none of which can be named man/woman/girl/boy/male/female - these terms are to be used to describe biological sex alone) to be decided by the community who will be adopting them.
Yes to gender protections against discrimination, in the workplace, in housing, in healthcare.
yes to exemptions that allow for those with the legally registered characteristic of adopted gender to provide services and spaces that exclude people who do not share the self id’d legal characteristic of adopted gender. Yes to sports and facilities for adopted gender people as well as access to single sex spaces based on your biological sex.
Yes to schemes that work towards proportional representation for adopted gender people in public office,
Yes to safe, secure, appropriate spaces for adopted gender people in the prison system.
Yes to statutory time off work for health care appointments that relate directly to your adopted gender needs (although the self ID system will mean some adopted gender people will not be attending specific healthcare appointments. Those that are can prove their entitlement by doctors certification (similar to how pregnant women prove entitlement to maternity protections).
Yes to properly funded, in-depth and ongoing research projects relating to adopted gender people to ensure any existing inequalities are identified and addressed. Priorities should be decided by the community (I believe the things that most worry TRA are currently suicide rates and violence against transwomen of colour?)
Any future changes to these provisions must be made in consultation with those that have registered for this characteristic and their advocacy groups.
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Current Gender Recognition Certificate holders could choose to retain their current legal status for life or transfer to the new protected characteristic of adopted gender, depending on their personal preference. No more GRCs to be issued.
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Basically, separate sex and gender completely - protect both against discrimination, but sex remains forever as observed at birth (with the current extra time for doctors to diagnose intersex conditions prior to registering the birth retained).
Everyone has the protected characteristic of sex, gender is an optional extra with minimum gate keeping that adults can sign up to just prior to turning 18 (so when you sign up to vote).
You can sign up any time from just-before-18 onwards and it’s free the first time. If you want to change it again you have to pay an admin fee (same as you do when you get a new passport etc). Titles relating to adopted gender (to replace Mr/Ms etc) can be part of the same process.
Anyone wanting to access single sex spaces based on their birth sex should be prepared to show ID if requested. This could work much like showing age ID to buy booze. You may or may not be asked for it dependent on whether the service provider requests it, but if you ARE asked to present it and you are unable to do so, the service/access can be refused.
People whose appearance is somewhat unusual for their birth sex will likely need to carry their proof, much the way those who appear young need to carry their ID when wanting to purchase age restricted items. Obviously, if you don’t plan on accessing stuff reserved for your birth sex, you won’t need to carry it. Your privacy will be legally protected and you will not be compelled to show it to anyone when you are not accessing things reserved only for your birth sex (excepting on request by law enforcement officials).
If you wish to participate in sex segregated sports reserved for your birth sex, but have received medical treatments that might be considered performance enhancing (testosterone, for example) you must be willing to participate in tests or assessments and/or provide medical evidence if it is requested. You may be refused participation on this basis (rules to be decided by individual sporting bodies. Decisions can be appealed/referred for second opinions). In some circumstances there may be the option to enter ‘open’ categories or specific categories for gender variant people, where they exist)
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Minors - anything divided by sex in school should be divided via birth sex and gender stereotypes should be minimised - all uniform items should be suitable for all school activity but individual items should be freely chosen by pupils themselves without traditional restrictions (boys can wear skirts, girls can wear trousers/shorts etc). Children must not be told that ‘changing sex’ is possible, but instead should be encouraged to research and explore the various gender options that will become available at adulthood, and the option of having no adopted gender should be given equal weighting.
Dysphoric or distressed children should be able to access private changing/toileting facilities on request, and have their mental health needs properly supported by professionals inside and outside the school environment. Guidance for schools regarding dysphoric pupils should be vetted by Tavistock and Portland and regularly updated.
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Am I getting somewhere? What have I missed?