Gender Self-ID is happening - and it is important to Scotland

This year the Scottish Government shall implement changes to the Gender Recognition Act, 2004, under which transgender and non-binary people in Scotland shall be able to self-identify as transgender, and this right shall be extended to 16-17 year olds, who will be able to self-identify without parental consent.  This has been a long time coming.  The initial moves towards this began in 2016, and it has been progressing through the Scottish Parliament, where it had cross-party support, and has gone through the mandatory consultation period, where 60% agreed to the proposals.

Although the change to legislation has the support of many LGBT, family and youth organisations and charities, and other austere bodies, it has nonetheless come in for severe criticism from some others.  Many of those objecting are either at best misinformed, or at worst openly hostile towards transgender people.

Contrary to what many in society think, our gender is not determined by our biological sex; that is the sexual organs we are born with.  And what is more, as contradictory as this may seem, sexual genitalia in itself does not have a gender.  Most people identify as the gender they are assigned at birth, pertaining to their biological sex according to their sexual organs; these people are ‘cisgender’, from the Latin word cis, meaning “on this side of”.  However some others do not identify with the gender they are assigned at birth, but identify with the opposite side of the traditional gender binary, and are therefore ‘transgender’, from the Latin trans, meaning “on the opposite side of”.  Then there are people who can identify with both sides, and are thus ‘non-binary’, those who do not identify with any fixed gender and are thereby ‘genderfluid’, those who can identify with all genders who are ‘pangender’, and even those who do not identify with any gender, and are thereby ‘agender’.

I have only mentioned a few genders above, but the fact is, as absurd as some think it is, science is just discovering that there are a great plethora of genders.  This supports the science as we understand it, that biological sex does not and never has determined gender.   It is not yet known if we are born identifying with any particular gender, or whether it is environmental, emotional, and other factors which determine such, but there is one thing which is irrefutable; gender is decided by the mind.  As a transgender man friend of mine put it simply, “Sex occurs between the legs.  Gender occurs between the ears.”

Those who do not identify with their biological sex / birth gender are identified as having gender dysphoria; a recognised medial / psychological condition whereby “a person experiences discomfort or distress because there’s a mismatch between their biological sex and gender identity.” (NHS).  This condition is most notable in transgender people, but is also often prevalent among non-binary and genderfluid people, as well as those of other genders.

Gender diversity is never easy to understand.  Far from it, it can be a minefield, and I may even make mistakes in this article.  But the facts remain that we are not all either male nor female, and certainly not determined by what dangly bits we may or may not have, and to identify with another gender is not an illness, it is not a crime, and it certainly does not invalidate anyone’s identity.

Under the law as it stands, if a transgender person wants to officially change their gender on official documentation, which starts with their birth certificate, then they must apply for a Gender Recognition Certificate (GRC).  To do so is a lengthy process.  Firstly they must live under the gender they identify as for at least two years, and this is only recognised for those aged 18 or over.  The applicant then must undergo examinations by a (usually cisgender) medical professional to diagnose gender dysphoria, and must then make their application, including their diagnosis, to a (usually cisgender) panel in London for a GRC, along with their payment for a GRC.  This panel usually grants a GRC, but it is worth noting that it is equally within their power to refuse them.

The current system is thereby deemed by transgender people to be unfair and deeply intrusive into private lives, where government has absolutely no business being, and where cisgender people – mostly men – can rule over the gender of others, and charge for that privilege.  No wonder that some transgender people call the GRC a “Trans Tax”.  Where younger transgender people are concerned, we can immediately see how the law is deeply skewed against them, and that they cannot actually outwardly display their identified gender until at least the age of 20.  These faults with the GRC are precisely why self-ID is so badly needed, and why Nicola Sturgeon, First Minister of Scotland, has promoted it to bring Scotland into line with “international best practice”.

While the majority of respondents to the consultation period were in favour of self-ID, it has nonetheless had its detractors, some of whom have been very vocal in their opposition.  One of the greatest concerns is that self-ID may lead to sexually predatory men dressing as women to gain access to female “safe spaces”, such as public toilets and changing rooms.  I am not for one moment going to dismiss this, or pretend that it does not happen.  But I would ask those with such concerns to look at those countries that already have self-ID.   Canada, Ireland, Portugal, Malta Belgium, Norway, and Denmark have all had Self-ID for some time, and with no significant increase in sexual assaults.  This is because far from being just ‘men in dresses’, transgender women are to all intents and purposes women, and just like women, merely want to pee.  What is more, given that women’s toilets have stalls with locking doors, the chances are that many detractors probably have already shared a toilet with a transgender woman, and never known it.  Spare a thought for transgender men who have not had gender reassignment surgery, and who using a public toilet, will be faced with one locking stall, which could be occupied, and a row of urinals.

Add to this that the vast majority of sexual assaults in toilets are already carried out by cisgender men, and far from being carefully planned, are mostly on the spur of the moment.  Strange as it may seem, a little silhouetted sign of a figure in a dress (why is she bald?) is no deterrent to predatory men.  The men who carry out these attacks tend to be full of toxic masculinity – many are in fact downright misogynists with a pathological hatred of women – and to imagine that such ‘macho’ men would even consider dressing as women to gain entry to toilets is to stretch credulity to its limits.  So, while the vast majority of those carrying out sexual assaults upon women in toilets are cisgender men, who do you reckon make up the second highest offenders?  Other cisgender women, that’s who.  Are we then to allow only one woman into a public loo at a time?

The issue of changing rooms, particularly in schools and colleges, particularly in schools and colleges, is admittedly more complex, not least because not all have cubicles for changing.  According to the National Education Union (NEU), who advise educational establishments on transgender-inclusive policies, the best policy is to provide alternative or gender-neutral facilities when there are no cubicle facilities available, but that “It is not necessary to make all toilet facilities gender neutral however, because some students will prefer single-sex toilets.” and they add “The young person should not in any case be told that they must use the changing rooms that correspond with the gender they were assigned at birth.”  Should anyone think this unfair, then consider how you would react if you, or your child, were told you could not use a shared changing room because of some aspect of your personality.

Where there are still schools and colleges where changing rooms do not have cubicles, this therefore has to change.  Creating separate facilities for transgender and non-binary individuals is in itself not an answer, because that only further marginalises those use them, and identifies them as targets for attacks.  Likewise, making everything gender-neutral is not an answer either, as far from deterring predators, such facilities would only exacerbate the problem.  There are those who try to argue that refurbishing or rebuilding current changing rooms would be costly.  The simple answer to that is creating separate or gender-neutral facilities would cost even more.  Of course, there are some who will completely disregard the latter argument, because they simply don’t want to acknowledge the existence of transgender people.

Some who object to self-ID are quick to point to the case of Karen White, a transgender woman (and yes, she is transgender) sexually assaulted two women in New Hall Prison in England.  However, Karen White was already a known paedophile and rapist, who had been jailed for grievous bodily harm, multiple rapes, and other sexual assaults against women, and placing her with cisgender women was wholly the fault of the prison authorities.  White was moved to a men’s prison in Leeds, and underwent gender reassignment surgery.  So yes, Karen White is a transgender woman, who is also a sexual predator.  This no more makes all transgender people sexual predators than it makes all cisgender men such, despite the fact that cis men carry out the vast amount of sexual assaults.  But then compare that to Scotland, where the Scottish Prison Service already assign places according to self-ID, have done since 2010 – almost 10 years – and with no reported sexual assaults by men ‘pretending’ to be women.  Hmm.  I don’t hear the detractors being so loud about that little fact.

Therefore, one case in England of a transgender woman who is a known sexual predator that women and children are not safe from does not outweigh the many transgender prisoners in Scottish prisons who have never presented any problems.  The problem here is not with gender but rather with sexual assault, which is no respecter of gender boundaries.  There is not the room here to go into them in detail, but there are more than plenty case studies of homosexual assaults in prison by male cisgender prisoners, and indeed, by cisgender women prisoners on other prisoners.

Despite all these arguments, there are still people, mostly but not always women, who still stand against self-ID.  But then these same people seek to deny the very existence of transgender people in the first place.

The biggest mistake that most of them make is to wrongly equate gender with biological sex, when the two are clearly not one and the same thing.  Many are quick to state, “XX equals female, and XY equals male”, as if their high school biology is the be-all and end-all of gender identity, or even for that matter, of biology.  In fact, this “gender binary” is not always the case.  There are in fact many human beings who do not have the standard number of chromosomes.  Some have more, others have fewer.  “XXXY Syndrome”, otherwise known as “Third Gender” effects one in 50,000 males, whereby they are born with two extra X chromosomes. 

Some will go further and flatly state, “If you have a penis you are male, and you have a vagina, you are female.  It’s simple as that.”  Again, wrong, as the very existence of intersex individuals – those born with sexual organs of both sides of the gender binary – clearly illustrates.  A 2015 study by Eric Vilian of the Center for Gender Based Biology at UCLA found a great number of “Differences of Sexual Development” (DSD), which included a 46-year-old woman having her third child, whose cells were found to carry 50% male chromosomes, and a 70-year-old father of three, undergoing a hernia operation, who was found to have a uterus.  Dr Vilian’s study have estimated that those with DSDs could be as high as 1in every 100 people.

So much for the biology we all learned in school.  But even if the detractors were correct, this still does not get away from the fact that biological sex does not constitute gender.  And how do these transphobes – let’s call them what they are, as much as they deny it (in the same way some people say “I’m not a racist, but…”) – respond to these facts?  Some will state that those with less or more chromosomes are a “minority”.  So therefore they don’t count somehow?  And 1 in 100 is some “minority”.  Some will outright deny the science, some will reply – and I have actually more or less read this – “Well, they would say that, wouldn’t they?”   And some will more or less shove their fingers in their ears and shout “LA, LA, LA, LA , LA!  I’M NOT LISTENING!”

Really?  Is that your reply to reams upon reams of peer-reviewed scientific research, now going back decades?  To deny it, say minorities don’t matter, make out it’s a conspiracy, and/or simply not listen?  If that’s your view, then you may as well go and join the young earth creationists who say their god created the Earth 6000 years ago, the evolution deniers, the anti-vaxxers, the climate change deniers, and the flat earthers, because you are demonstrating precisely the same level of wilful ignorance (aka “stupidity”) as all of the above do.

The main thing that worries me about the whole self-ID debate is the way it has been hijacked by outright transphobes, who not only do not want self-ID, but completely deny the very existence of transgender people.  I have seen Trans-Exclusionary Radical Feminists (TERFs) use a dictionary definition of “female” in a feeble attempt to back up their argument; “belonging or relating to the sex that gives birth to young, produces eggs, etc”.  Yet the same women using such a narrow definition conveniently ignore an alternative definition under the same heading in the dictionary; “belonging or relating to, or characteristic of, a woman”, and that definition could very easily pertain to transgender women.  But even then, in using the first definition, the TERFs automatically discount women who for medical reasons cannot give birth or produce eggs.  Are they not “real women”?   Or don’t they count because they are a minority?  Even if that were the case, such a definition must also discount every woman who reaches the age where they can no longer procreate.  Are even they, once they stop menstruating, no longer “female”?  See the dangers of attempting to define gender purely on biological sex?

A side note here.  I have been told that I should not use the term “TERF” nowadays, as it is apparently ‘derogatory’ (for… …reasons).  Well, tough titty.  The fact is that the term was started by women who self-identified as TERFs, and given that I am talking of people who show extreme prejudice towards one of the most vulnerable sections of society, do excuse me for not sparing a thought for their hurt feels.

I have made mention throughout this article to those opposed to transgender people, but one may notice that the emphasis has been upon transgender women.  There is a very good reason for this.  Mostly it is transgender women and girls which transphobes target.  Rarely you will find them making any reference to transgender men.  There are some who do so however.  I have read and seen videos of TERFs who claim that transgender men who are not at all transgender, but that they are in fact lesbians who have been conditioned to think as men by “the patriarchy” (because of course, we men – who are supposedly all sexual predators – obviously want a planet completely inhabited by men).  Again we see this instance of denying the very existence of transgender people.

Gay men in a Nazi concentration camp

When any society dismisses one section within that society, because they are ‘merely a minority’, when they persecute that section because they do not fit in with their mindset, and worst of all, when they deny their very existence, that society is going down a very dangerous road indeed.  And we need not look very far to see the end result of what happens in those circumstances; we need only look to Germany in the 1930s and 1940s.  Indeed, even in the modern day, we need only look to Chechnya, Uganda, Saudi Arabia, Brunei, and many other countries, where LGBT people are openly persecuted, often to death.

And yes, transphobes and TERFs, I did just liken you to Nazis, and I make absolutely no apologies for doing so.  For when you treat transgender people as any less than human, when you attempt to strip them of their identity, of their dignity, and their basic human rights, then you are behaving in precisely the same way the Nazis did to the Jews, Slavs, Gypsies, the mentally disabled, and of course, among others, LGBT people.

Not that I am calling everyone worried about self-ID a Nazi.  My vitriol is not for those with genuine concerns, and / or who are willing to learn, but those who despite all the evidence, absolutely refuse to learn, but are only intent on spreading their own hatred.  And it pleases me to say to such that self-ID is a reality, and it is happening this year, and nothing they say or do is going to stop that.   Get used to it.

Nicola Sturgeon

But I feel that there is something bigger at play here.  Self-ID is yet another step in a plethora of positive moves by Nicola Sturgeon and the SNP Scottish Government which have enhanced the lives of women, the elderly, the young, children, LGBT people, the disabled, the poor, and many more.  I believe that Nicola Sturgeon has a vision of a Scotland yet to come.  An independent Scotland which as fair and equitable for all, where the value of all are recognised, and where none are left behind.   It could be argued, and I believe, that the First Minister is laying the groundwork for that independent Scotland.

I share that vision, as I think the vast majority of the independence movement do.  And it is an achievable vision, but one which neither Nicola Sturgeon or the SNP can deliver alone.  It will take us, all of us, to play our part and help create the fully integrated Scotland which we all seek.  We are not only parts of the jigsaw, we are the jigsaw; all of us are integral parts of the bigger picture, which would not be complete without even one of us.  As Blair Jenkins, the former Chief Executive of Yes Scotland once said that we would get whatever independent Scotland we choose.

If it were ever to happen that we had an independent Scotland where one demographic, or even any individual, were persecuted, maligned, and denied basic human rights purely for being who they are, where even one person is left behind, that in my view would be a free Scotland not worth having.  For as the song goes, "If one of us is chained, none of us are free.”