Fact-check

Cutting through press disinformation: Trans rights & safe spaces

01/07/2024

By Jimena Loza-Naveja

Reading the papers every day, as part of Hacked Off’s election factcheck, I have noticed that one topic consistently the subject of sensationalism, exaggeration and sometimes outright lies is policy on issues relating to transgender people. In particular, a lot of coverage has focused on the political parties’ stances on “trans issues” and safe spaces for women, as well as relevant teaching in schools. This guide seeks to cut through the disinformation, and provide the facts.

Conservative Party

The papers say: In an article published by The Guardian, headlined 'Tories will allow bars on trans woman, says Kemi Badenoch,' it is claimed that the Tories will instill more robust policies on the definition of gender and sex; permitting transwomen to be banned from single-sex spaces and sporting events. This would require amendments to the Equality Act. Badenoch mentions that this reform will be made if Sunak's term continues and will be implemented in hospitals and sporting events. Badenoch and Sunak's recent comments about protecting female laws, particularly regarding lavatories and changing rooms, reflect their manifesto's stance.

The manifesto says: The Conservative Party has an extensive section in its manifesto concerning trans rights and gender-questioning guidance. They will aim to "protect female-only spaces and competitiveness in sport by making clear that sex means biological sex in the Equality Act" and "biological sex is a reality. The overwhelming majority of people in this country recognise that. It is right that we have in place provisions and protections for those whose sense of self does not match their biological sex. However, we will not allow the safety and privacy of women and girls to be undermined". "In recent years, an increasing number of children have started questioning their gender, the consequences of which are still unknown. This is why we will pass legislation to ensure schools follow our guidance for teachers on how best to support gender-questioning students in schools and colleges," says their manifesto regarding gender-questioning children.

That guidance was recently published by the Conservative Government, and sets forth five fundamental principles:

  1. Schools and colleges have statutory duties to safeguard and promote the welfare of all children. Knowing a child's sex is critical to schools' and colleges' safeguarding duties.
  2. Schools and colleges should be respectful and tolerant places where bullying is never tolerated. Staff and children should treat each other with compassion and consideration in accordance with the ethos of the school or college.
  3. Parents should not be excluded from decisions taken by a school or college relating to requests for a child to 'socially transition.
  4. Schools and colleges have specific legal duties that are framed by a child's biological sex. While legislation exists that allows adults to change their legal sex, children's legal sex is always the same as their biological sex.
  5. There is no general duty to allow a child to 'social transition.' The Cass Review's interim report is clear that social transition is not a neutral act and that better information is needed about the outcomes for children who undertake degrees of social transition.

Labour Party

The papers say: A Telegraph headline states, 'Labour has chosen trans extremists over J.K. Rowling,' claiming Labour will introduce radical policies. The author states that a Starmer administration will be "railroaded into introducing full legal self-identification; allowing schools to teach gender ideology to five-year-olds; threatening therapists with legal sanctions for declining to "affirm" so-called "trans children" and introducing legislation to render "misgendering" a hate crime”. Another piece in The Telegraph says, “Labour to rip up school transgender ban”; alleging the party will entirely abandon the Conservatives’ guidance for schools.

The manifesto says: The Labour Party's manifesto covers transgender policy broadly, aiming to "modernise, simplify, and reform the intrusive and outdated gender recognition law." They emphasize removing "indignities for trans people" while maintaining the need for a diagnosis of gender dysphoria for healthcare access. Labour is committed to the Equality Act and its single-sex exceptions. Wes Streeting, the Shadow Health Secretary, also spoke out on behalf of the party and said, "Labour's policy aims to allow transgender people to live their lives with freedom, dignity and respect." Moreover, in May 2024, Annelise Dodds, Shadow Women, and Equalities secretary said that the Labour Party hopes to 'simplify' the process of changing gender in the UK.

"This means stripping out the futile and dehumanising parts of the process for obtaining a gender recognition certificate while retaining important safeguards."

Bridget Phillipson, Shadow Education Secretary, has not pledged to “rip up” the Government’s guidance, as reported by The Telegraph.  She has said that a Labour Government would review it.

The Liberal Democrats, Greens and Reform

The papers have applied significantly less scrutiny to the policies of the Lib Dems, Greens and Reform.

The Reform Party's manifesto shares views similar to the Conservative one.. Some key takeaways from it include "ban[ning] transgender ideology in primary and secondary schools, no gender questioning, social transitioning or pronoun swapping. Inform parents of children under 16 about their children's life decisions. Schools must have single-sex facilities". "Mandate single-sex spaces public toilets and changing areas must provide single-sex facilities. Review the online safety bill; social media giants that push baseless transgender ideology and divisive critical race theory should have no role in regulating free speech" are amongst other principles that the party will act upon.

The Liberal Democrats take a strong stance in favour of trans rights.With statements such as "tackle bullying in schools by promoting pastoral leadership in schools and delivering high-quality relationships and sex education" or "respect and defend the rights of people of all sexual orientations and gender identities, including trans and non-binary people, and ban all forms of conversion therapy and practices," their position is clear.

Lastly, the Green Party's manifesto briefly acknowledges the issue, stating that they will "campaign for the right of self-identification for trans and non-binary people." In an MSN report headlined 'Green Party co-leader Carla Denyer: Trans rights do not threaten my rights as a woman,' Denyer, a queer-identifying woman, argues that the Green Party will make equality issues a "key points in our manifesto [and] LGBT stuff is self-ID for trans people. We would make it easier for the trans people to have their gender recognised because we are clear that it is about dignity, that's about making sure that trans people have the same dignity that the rest of us take for granted, that if they get married on their marriage certificate or on their tombstone, when they pass away, their gender is recorded accurately".

The polarized debate over the 'Gender Questioning Guidance' and trans rights more broadly is intensified by varied media portrayals, highlighting the need for accurate journalism. As the election approaches, the media's role in providing clear, factual reporting becomes even more critical. Voters must navigate through biased and misleading narratives to understand each party's stance on this issue, ensuring their vote contributes to informed and democratic decision-making.

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Queries: campaign@hackinginquiry.org

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