Some members of the local party including Cllr Matt Reynard attended a Trans Rights protest on 26th April in Southampton. Around 500 people marched through the city demanding Trans Rights. A number of supportive speeches were made including from local trade union officials.
This followed a Supreme Court ruling on 16th April stating the definition of sex in the 2010 Equality Act refers to biological sex only. We understand that this is likely to be challenged in the European Court of Human Rights.
Members of the ‘trans’ community have reported significant impact on their mental health due to this ruling and fears of its implications. In particular, there has been a lot of debate and opinions regarding its practical implications, particularly relating to those with the protected characteristic of gender reassignment (commonly referred to as ‘trans’, though some who identify as trans may not be considered in this category and some with the protected characteristic may not identify as ‘trans’.). The Equality and Human Rights Commission (EHRC) subsequently put out some interim guidance that has been criticised by the Green Party
Green Party policy (see below) is to support inclusion rather than excluding and segregating people. This is essentially key to debates on this issue.
The Green Party recognises that there are many gender identities that are within, and outside of, the traditional gender binary of man and woman. The Green Party recognises that trans men are men, trans women are women, and that non-binary identities exist and are valid. We shall respect transgender and non-binary people’s identities as real. The Green Party shall include, and push for further acceptance of, transgender and non-binary people within all areas of society.
In particular the Equality Act has always allowed those with gender reassignment to be excluded from single sex spaces / groups if there is essentially a valid reason for doing so. The EHRC current guidance (which is now being reviewed) outlines this:
A service provider provides single-sex services. The Equality Act allows a lawfully established separate or single-sex service provider to prevent, limit or modify people’s access on the basis of gender reassignment in some circumstances. However, limiting or modifying access to, or excluding a trans person from, the separate or single-sex service of the gender in which they present will be unlawful if you cannot show such action is a proportionate means of achieving a legitimate aim. This applies whether or not the person has a Gender Recognition Certificate.
There is much debate regarding how the ruling impacts on this aspect of the Equality Act.
How biological sex is defined is also contested. Birth certificates are issued relating to one feature of biological sex (genitalia). It doesn’t always follow that other (unseen) biological sex characteristics will match this. Most of those undergoing reassignment would also maintain there has been a change in their biological sex through the reassignment process. The Equality Act defines sex as man or woman. So how do people with a mixture of biological sexual characteristics fit in? Can those who have undergone gender reassignment and have gender dysphoria claim they are more of the opposite sex to which they were assigned at birth? Incidentally, Green Party policy is to seek wider legal recognition of those who are intersex and / or have other gender identities.
This issue has been portrayed as a battle between trans rights and women’s rights. We do not support this viewpoint. It is essentially an argument about inclusion where appropriate vs. the exclusion and oppression of a vulnerable group. The Green Party continues to support inclusion. The local party has and will continue to engage with local MPs on this issue and support the local trans community where it can.