Emily Brothers, former Labour parliamentary candidate for Sutton and Cheam, writes that Labour needs ‘trans respect not transphobia’. It is a shame that she makes this call using language that is, at best, dismissive of the feminist movement and at worst taps into profound misogyny. The move towards greater public acceptance and institutional recognition for trans people has been one of the fastest-moving developments in equalities, but it is not a development without conflicts.

The Women and Equalities Committee inquiry into trans equality, which Brothers applauds, includes two key recommendations that, taken together, pose serious a problem for the women’s sector. The first is that legal gender should be based on self-declaration: rather than the ‘medicalised, quasi-judicial application process’ currently involved, the WEC suggests ‘an administrative process […] centred on the wishes of the individual applicant’. If adopted, that would mean that an individual could be recognised in a new gender for all legal purposes without taking any hormonal, surgical or even aesthetic steps towards presenting as a woman or presenting as a man.

The second is the call for single-sex services to treat anyone with a gender recognition certificate in accordance with their acquired sex. Currently, the Equality Act allows the discretion to discriminate where there is a ‘genuine occupational requirement’: this means that organisations working with female prisoners, for example, can decide not to include transwomen in their services if they believe their clients (vulnerable women traumatised by male violence) would be detrimentally affected by the presence of someone they perceive to be male. (It is also worth noting that in some cases transwomen’s needs might be better served by targeted specialised services – but it is recognised that these are in even shorter supply.)

Removing that discretion would compel such organisations to include all those who identify as women, regardless of organisations’ judgement about the effects on other clients or the specific needs of trans individuals, and regardless of whether transition has involved a total shift of social role, or simply the declaration of identity. Effectively, this would privilege identity over physical sex for legal purposes. And while it would avoid the unpleasant current situation where trans people who ‘pass’ in their acquired gender are treated more favourably than trans people who don’t, it is worth remembering that gender is very much a matter of being treated according to the sex you are seen as: to pass as a woman, whether one is a natal female or a transwoman, is to be subject to sexism, harassment and workplace discrimination.

That’s a challenge that needs to be addressed, not dismissed. But by referring to any critics as ‘TERFs’ and falsely accusing them of causing violence, Brothers has poisoned the well of discussion. In her piece, she writes:

‘trans-exclusionary radical feminists (known as TERF’s [sic] and led by the likes of Germaine Greer), along with intolerant newspaper columnists, peddle myths and whip up prejudice. The dismissive rhetoric stirs up crimes of hatred, creating fear among trans people that they will not be accepted and may be confronted with “deserved violence”.’

TERF is indeed an acronym for ‘trans exclusionary radical feminists’, but in language usage is always more important than origin, and in practice, TERF is a term of abuse targeted at women. Extensive documentation finds it in phrases like ‘kill all TERFs’ and ‘die TERF scum’; TERFs are called ‘disgusting’, compared to rubbish, and said to ‘stink’. This is not a word that is in any sense compatible with the values of Labour: as linguist Deborah Cameron explains, it is a slur, and it is deeply regrettable that Brothers or anyone else in the movement should use it.

Despite Brothers’ claim that TERFs are ‘led’ by Greer, there is no group that refers to itself as TERFs, and no evidence at all that the words of radical feminists cause violence against trans people. In fact, the idea that perpetrators of hate crimes are in any way influenced by their reading of The Whole Woman is almost baroque in its absurdity. In fact, it is the women who are called TERFs who get attacked: Greer
was ‘glitterbombed’ in 2012 as a protest against her alleged transphobia. She has not, to my knowledge, committed any assaults of her own against trans people.

The violence that trans people are subjected to is male violence, just like the violence that women are subjected to. It needs to be named for what it is if we are ever to confront it. Scapegoating feminists, as Brothers does, not only lets the actual culprits off the hook, it also jeopardises many of the gains for women’s rights that Labour should be proud of.

Tackling the wage gap, expanding maternity leave and childcare, establishing specialist domestic violence courts, increasing the conviction rate for rape – all these things are founded in an understanding of the ways women suffer discrimination because we are female, and not because of the way we identify. Defending this vital framework as we develop rights for trans people requires careful consideration and attention to the claims of all parties. When Brothers dismisses any woman with a critical viewpoint as a ‘TERF’, she also dismisses the possibility of having the good-faith debate we so badly need.
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Sarah Ditum is a journalist who writes regularly for the Guardian, New Statesman and others. She tweets at @sarahditum

You can read Emily Brothers‘ piece here

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