NEIL MACKAY'S BIG READ: How the LGBT community views Scotland's trans rights debate

Today, The Herald on Sunday presents an enlightening Q&A with the organisation’s Scottish director Colin Macfarlane on various issues that are presently causing considerable debate across the country.

What is the background to the controversy?

“HUGE progress has been made over the last 40 years in Scotland. It was still illegal to be gay here in 1981. In 2000, Scotland became the first place to abolish Section 28 [legislation which banned ‘the promotion of homosexuality’] – which was state-sponsored homophobia. This progress culminated in 2014 with equal marriage legislation.

“This success came with a sense of ‘job done’. Complacency set in. Policymakers felt we were a far more equal society but we know there’s still homophobia and transphobia.

“LGBT people are still victims of hate crime. Bullying in schools still happens. People in the workplace still don’t feel safe. That’s why Stonewall still exists.

“So, this narrative settled in that we’re the most progressive country for LGBT rights – and maybe for a while there was some truth in that. That’s not the case anymore. Then add in that about five years ago the world turned upside down – internationally politics became divisive, and there was a sense that facts and evidence no longer held sway.

“I noticed a change a few years ago when a minority of people began denying our research on hate crime. They’d say ‘there’s no hate crime in Scotland’ – when the evidence clearly showed things were getting worse. I’ve been a victim of hate crime and was badly beaten up so I can tell you it exists. But there was this denial of facts. It was a warning sign.

“There also began to be an over-reliance on the idea that what happens on social media is a reflection of what’s happening in the real world. Most of this [anti-trans discourse] is on social media. Quite often people will see what’s happening on Twitter and think that reflects what the majority think in the world. It doesn’t – what happens on Twitter isn’t the real world. In Scotland, the majority of people have been shown in poll after poll to support equality for trans people.

“The hate comes from a very vocal online minority but it’s now being amplified in the media. Trans people are being portrayed as something ‘other’. Trans people’s voices aren’t heard. It’s ironic that I’m a gay man speaking as a campaigner for trans people – that’s indicative of so few trans voices being heard.

“Trans people have become a wedge issue that’s used by those against equality who want to roll back progress for minorities. This group is weaponising trans people and spreading fear. Equality is like an elastic band – you get so far and make progress and then it snaps back. We’re in a ‘snap back’ moment.”

What do trans people want?

“IN terms of legislation, trans people want reform of the Gender Recognition Act (GRA). Currently [to legally change your gender], you require a medical diagnosis of gender dysphoria, you’ve got to live in your gender for two years, and your application goes to a panel who’ll never meet you and then decide if you’re who you say you are. The proposals for GRA reform [allowing trans people to self-identify their gender] simplify a medicalised, intrusive process that’s dehumanising and takes away dignity and respect.

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“GRA proposals simplify the system – nothing more, nothing less – allowing trans people to change the gender marker on their birth certificate. You can already do that on passports, bills, driving licences. There’s many other issues trans people want dealt with – like access to decent healthcare – and there’s bullying in schools and work, and badly funded mental health services. But GRA reform is the key part of the wider changes trans people want – they want to live their lives with dignity, respect and be free to be themselves, which frankly they’ve mostly been able to do until this discourse online whipped up hate over recent years.”

How have other nations handled GRA reform?

“MALTA, Norway, Iceland, Belgium, Denmark, Ireland and Portugal managed reform without this toxic debate. In terms of legislation, the discourse was very different in those countries. Bills were introduced, debated, passed, and trans people were involved and their views prioritised. All we’ve seen in those countries is positive outcomes for trans people and no negative outcomes for anybody else.

“In Scotland, there was a public consultation in 2017 and 65% supported GRA reform. Then, in 2019, the SNP published its draft bill, and there was another public consultation. This huge gap of time between the two consultations has allowed toxic discourse to take hold, and sadly there’s not been enough pushback from government. The First Minister is a trans ally and has made supportive statements which were genuine but actions are needed. People were marched to the top of a hill and left. It was left to organisations like Stonewall to say the disinformation about trans people wasn’t true, but we needed political leadership and an aggressive countering of lies.”

Are women’s rights and trans rights incompatible?

“MUCH of the online discourse claims you can’t support trans rights and women’s rights. That’s nonsense. Every feminist I know supports trans rights. They don’t see GRA reform as a threat. It’s noteworthy that much of the discourse is about trans women, not trans men – that trans women [someone born male who identifies as female] are a threat to women. The media hasn’t reflected the many feminist voices who support trans equality.

“Trans people are being ‘othered’. I’d warn people when they see words like ‘trans ideology’ or ‘trans activist’ that they’re reading something designed to dehumanise trans people. History teaches us the danger of dehumanisation. The narrative is being framed around this idea that trans women are taking something away from women or endangering women. If you frame the debate that way you’ll scare people. But the key point is the majority of women support trans equality. Poll after poll shows that – something very different to discourse on social media.

“For some, the idea of LGBT people living a life free from discrimination is dangerous. It challenges their idea of the status quo. Wherever people campaign for their rights there’s those who want to stop that happening – and they do that by dehumanisation.

“I may be an eternal optimist, however, as I don’t think the majority of people think that way. Stonewall has worked for years to improve how society treats LGBT people. And over time most people no longer see LGBT people as ‘other’ or dangerous – they see them as human beings and love and respect us. That’s the majority in this country and that gives me hope.”

What hatred have trans people experienced?

“ONLINE, trans people have their very existence debated, the validity of who they are is questioned. It’s hateful, dispiriting. Imagine if you were constantly told you’re not valid when all you want is dignity and respect.

“Then there’s the issue of hate crime in the real world. [Scottish Government statistics show hate crime against trans people doubling in five years]. After one of the worst years of hateful rhetoric towards trans people, it should trouble us if we’re seeing this increase, and people facing violence simply because of who they are. We need to stop and think about what’s being said in our society. If there’s this narrative online saying trans people are a threat – and their identities are constantly being debated and dehumanised – then there obviously might be real-world consequences.

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“A trans woman tried to stand for the SNP and was subjected to appalling hatred online. It was vicious, vile. In the workplace, 40% of trans people face discrimination, and 6% suffered violence. What kind of Scotland do we want? The majority wants a society where people are treated with empathy and dignity, kindness is important, and people are free from discrimination and able to flourish at work and in school, without checking over their shoulder every time they walk down the street holding their partner’s hand. I’d like to know what type of country those who throw out this hateful hostility online want? Mostly they seem to be anonymous keyboard warriors.

“History tell us – the story of the LGBT community tells us – that there’s always been people who don’t think we deserve equality. That we’re a threat to society, we’re dirty, undeserving of love and respect, that we should live lives of shame. What motivates me is the majority of good people who want to see their lesbian friend, their gay son, their bi work colleague, their trans parent, able to live happy lives and flourish.

“I grew up when gay men were seen as predators, threats to children, plague carriers and were constantly othered in the media, rarely allowed a platform. It breaks my heart when trans people who stood with us then are now subjected to the same treatment and rhetoric today. All this talk about ‘safeguarding’ and ‘legitimate concerns’ – that’s the same playbook that was used in the 1980s. It’s designed to roll back equality.

“Let me be clear: there can be no equality for lesbian, gay or bi people without trans equality.”

Trans people say they’re victims of scare stories

“IT’S the weaponisation of issues like bathrooms, changing rooms, medical intervention and trans people in sport. It’s moral panic stuff that’s been seen before, used by the same type of people. I remember walking into changing rooms as a schoolboy and the things that were said. It’s no different now.

“It’s the idea that you pose a threat. The scares used around trans people now were used around gay men. It’s the idea that trans people aren’t who they say they are.

“The founded fears regarding women’s safety – which nobody disputes – are about predatory men,

not trans people. These fears are being wrapped around GRA reform and weaponised. The idea that GRA reform will suddenly lead to [trans women in women’s bathrooms] is wrong – trans women have always been able to access these spaces for a long time and it’s never been a problem. It’s been framed as something new – it isn’t.

“I won’t be able to wake up tomorrow and declare myself a woman and be able to access single-sex spaces. Under GRA reform you have to make a solemn declaration – you have to live in your gender for three months and there’s another three-month cooling off period. If you lie you could go to prison. The idea that a man who wishes to harm women will use self-identification or GRA reform to do that isn’t true. When you look at other countries, none of that happened. The only thing that happened in Ireland was trans people were able to live happy lives. Nobody lost anything – trans people gained.

“With prisons, everyone is subject to risk assessments and decided case by case. There’s no absolute right. GRA changes very little. There’s only 15 trans women in Scottish prisons [as of 2019, with around half in female prisons] – a tiny number. This goes back to women’s rightful fear of male violence. But a trans person won’t be able to just say I should get access to a woman’s prison. We should also realise that trans women in male prisons are subject to violence and sexual violence.

“On sports, it’s important to say that no trans person has ever participated in the Olympics. GRA reform has zero to do with giving trans women an unfair advantage. Trans women have been competing in women’s sport for years and aren’t dominating anything. The only trans person who ever came close to qualifying for the Olympics was Chris Mosier, a trans man – but we never hear about trans men in this debate. Let’s remember that trans people face huge amounts of discrimination in sport.

“When it comes to medical intervention, the idea that kids are being fast-tracked is simply untrue. Waiting times are up to 50 months – at a time when a young person is going through tremendous distress.

“The narrative is that kids are getting ‘transed’, the reality is that healthcare isn’t fit for purpose. It’s also illegal to have surgical intervention until you’re 18. For puberty blockers, there’s a whole period of assessment before anything is prescribed. The narrative again is that they’re handed out like Smarties – that’s untrue, it’s a small number of kids on puberty blockers. They provide breathing space for young people. International best practice also recognises the prescribing of puberty blockers as highlighted by the World Professional Association for Transgender Health, and the Endocrine Society’s guidelines, along with medical organisations and experts around the world.”

What does the future hold?

“I THINK this moment will be remembered the way Section 28 is today – as a time of shame for the way trans people were treated. I lived through Section 28 – when you could lose everything for being gay – and the psychological damage was huge. Back then, the LGBT community who took on Section 28 stood on the shoulders of giants who’d faced prison for being gay a generation before. Today, because of those fights, as a gay man, I can live my life freely. I’ve a family, a career – all those things I was told were only for straight people. That’s why we’re fighting today. We don’t want to see that repeated again for an even smaller minority – trans people. I don’t want trans people today to experience what we did. I want them to be happy.

“We need to rebuild a consensus that trans people need protection to live free from discrimination. We need a return to facts and evidence so we see the reality of this debate not the myths and demonisation. We need politicians to speak up for those facing horrendous discrimination and we need to hear more trans voices. I think in 25 years, there’ll be a TV programme like It’s A Sin [the recent acclaimed TV drama about LGBT life in the 1980s] about what’s happening today and hopefully it’ll have the same reaction, cause the same revulsion – that what’s happening is a terrible stain on society; that a group of people’s lives were ruined; that the discourse was disgusting; and that nobody should be treated like that.

“We need the same empathy and kindness today for trans people, and an end to misinformation and cruelty.”