Actions have ripple effects: the new legal UK definition of ‘woman’

New changes in UK law threaten to exclude trans women from being recognised as women. Though trans women who have already transitioned, in possession of a gender recognition certificate will be defined as women, they are more likely to face scrutiny, while people wishing to transition are likely to be met with barriers. 

How does it protect cis women to tell trans women that their identity doesn’t exist? How does it protect cis women to impinge trans women’s right to marry, have children and travel freely in their own true identity? I cannot speak for the trans experience, and I would like to learn as much as I can from it, but right now having cis privilege means I feel compelled to share in solidarity with my best friends. Even if you believe this new change won’t affect you, it very likely will have rippling negative impacts on people around you, who may, right now, feel unsafe to speak freely.

My best friend is trans. He is the most silly, kind, brave, wise, fun, loyal person I know who has taught me so much about feminism and what it means to be a compassionate and strong person. My dad said we need more men like my best friend in the world. My best friend’s girlfriend is also trans. She is a creative, kind, gentle, generous, cheeky and endearingly awkward gorgeous soul. Though our experiences of the world may be different, we are both women. There are differences amongst ALL women, whether you’re trans or not. 

What could excluding trans women from the definition of woman look like?

Gender dysphoria is a very real experience and is made unbearable when society repeatedly rejects one’s identity. To further add complexity to our narrow understanding of gender, some trans women are born intersex. People do not choose to be trans. Trans women are not trying to deceive anyone — they are simply trying to live as their true selves. Transitioning is a long and expensive process. Often (due to NHS barriers) involving costly private health care in alienating circumstances. All of this effort is made just to feel more authentically themselves. Transitioning is not taken lightly. People are not going to those long, arduous lengths just to abuse women, it is not a disguise, it is an identity. People who pretend to do this in order to abuse are not really trans at all, so why are we now creating a blanket rule for all trans women?

Gender is what’s in your head, sex is what’s in your body. If gender is now only accepted through sex, pre-transition trans women will have gender dysphoria reinforced in many situations: jobs, marriage, travel, healthcare, the list goes on. And where does this leave women who have transitioned? Where does this leave intersex people? Even more concerning, how is this new law supposed to be checked? By forcing everyone entering a women’s bathroom to show their genitals? To who? 

This new law has been made under the guise of protecting women from abuse that could take place in women’s bathrooms. However, the highest levels of violence towards women happens in domestic settings, by partners/ex partners. Not to say that anything outside of this is invalid, but this is where we see the highest trend statistically. 2 women a week are murdered by partners or ex partners in the uk. Statistically, women report sexual abuse and violence to charities and the police at a disproportionately high rate, with cis men being the most statistically high perpetrators. When there are patterns in this kind of abuse, we can then see it as a systematic issue – meaning there are systems in place within society that support this. This is seen within the law, institutions, workplaces and anywhere sexist rhetoric that creates rape culture can be reinforced. Statistically, it is proven that trans women do not systematically abuse cis women. There may be one off cases, just as there are with all cases, but importantly, it is not a systemic issue. Though women have sexually abused men and other women/folk, it is nowhere near as statistically high as cis men attacking women. This is even in those who have been brave enough to report it. What does seem to be more highly displayed in the news is instances of random attacks against women, which are lower in a likelihood.

Excluding trans women from using women’s bathroom in order to protect cis women from sexual abuse is not an effective way to prevent sexist abuse. It is not the main culprit of the issue that needs to be tackled. As a top priority, deconstructing rape culture will involve a particular focus on how we raise boys/men and education around healthy relationships, consent, emotional regulation and gender equality.

For those confused about what it means to be trans, who are genuinely open to learning more about how to build a more equal society? How many trans women do you know? If that isn’t many, or none at all, why is that? I urge you to learn more about queer identity and keep an open mind – you might be surprised with what freedom in expression and beauty you find. Look at the people making these laws, how many trans women do they know on a non-judgemental level? If minority groups were able to access spaces with safety, maybe we would know each other better and see that we may have differences, but we all just want to exist in peace. Maybe by knowing each other better, we wouldn’t feel so distant. This new law would feel less like a theory to debate, and more like a tangible barrier to people’s lives, our friends lives. When suicide and hate crime rates for trans women are on the rise, it’s clear what needs to happen – protect as you would want to be protected. 

Please stay open to learning more about what is different from your experience. Let’s try to fight this transphobic law which will only cause a ricochet of negative impacts on ALL women. The less time we spend trying to force everyone into the same box instead of expanding our definitions, the less time wasted… Just imagine… If all discrimination was done with, we would actually be able to slow down some of the irreversible damage done to the planet we live on! Imagine that!

When I think of an ideal world, I think of a world where my best friends are accepted, not policed, and can live as their true, beautiful, authentic selves. If that hope is idealistic, then something is wrong. If you think this law won’t impact you, its ripple effects will. If you think you don’t have the power to change it, I can assure you, your ripple effects will make a difference to peoples lives. Resist the urge to look away.

Leave a comment