Sunday, 6 October 2019

A Rat’s Nest of Contradictions

by Les May

SOMETIME this month draft guidelines drawn up by the Equalities and Human Rights Commission (EHRC) are expected to be sent to English and Welsh schools.  The Scottish government cancelled what are assumed to be similar guidelines in June.

A leak of the new guidelines suggests that schools would be advised and sometimes required to open areas of school life that have previously been treated as separate on the basis of sex to children who identify as that gender.  A boy who identifies as a female would be allowed to use girls’ changing rooms and on school trips could legally be placed in the same bedroom as a girl, and vice versa.

A women’s advocacy group, Fair Play for Women, has argued that whilst the EHRC guidelines consistently protect children who identify as ‘trans-gender’ equal weight has not been given to protecting girls. They go on to say it must be made explicit that sex and gender identity are different, and that it is important that girls to be able to recognise and name the male sex as otherwise the right of girls to assert their boundaries, e.g. with regard to touching, is taken away.

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Under the guidelines if a girl feels uncomfortable that a child she identifies as a boy, but who self identifies as a girl, is using a girls’ changing room then it is the girl who feels awkward who must go and change elsewhere, not the boy.

In 2018-19 the number of children, some as young as three (3), identifying as ‘trans-gender’ was 2,590 according to the Gender Identity Development Service (GIDS) of the NHS.   This is 30 times (3000%) more than ten years ago. A governor of the NHS trust under which GIDS operates resigned this year concerned about the ‘affirmative model’ used by GIDS too quickly leads to the prescription of puberty blocking drugs and cross-sex hormones.  He also suggested that in some cases the difficulties which some children have, and which become identified as being about gender identification, may in fact be because they have become aware of their sexual orientation. In common parlance ‘they are gay’. This suggestion deserves serious consideration.

When the House of Commons Women and Equalities Committee took evidence for their report, Enforcing the Equality Act: the law and the role of the Equality and Human Rights Commission it received submissions from members of the public. Two of these were:

We desperately need legal clarity on the terms ‘transgender’ ‘transsexual’,
and ‘gender reassignment’—I think [the] way they are currently being
used, and the way the [Equality Act] interacts with the GRA 2004, is being
abused, misused, misapplied and misrepresented.’

The combined effect of the [Gender Recognition
Act] and the [Equality Act] is to conflate sex and gender irretrievably, and what remains is a rat’s nest of contradictions, where sex-based rights cannot be properly invoked.’ (My emphasis)


I agree entirely with the two submissions quoted above. The media use the word ‘trans’ and ‘trans-gender’ interchangeably and with no clarity about what is meant when they are used. Ditto when ‘non-binary’ and ‘gender fluid’ are used. This makes the situation more opaque when clarity is what is needed.

As the law stands schools have to provide lunchtime meals suitable for Muslim children. If the guidelines soon to be issued by the EHRC are enacted Muslim girls could find themselves sharing a bedroom with someone they, and their and other parents, identify as a boy.   Expect trouble!

My apologies to rats everywhere for dragging them into the ‘trans’ argument. You deserve better.

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