Legislative Definition of Sex

Kirsty Blackman Excerpts

Monday 12th June 2023 Westminster Hall

[Kirsty Blackman (Aberdeen North) (SNP)]

I thank the petitioners who brought the petitions forward and the hon. Member for Gower (Tonia Antoniazzi), who introduced them. I agree with the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), who started off by saying that being non-binary or trans is valid. I will start off with that. I am going to offer a tiny bit of rebuttal in terms of the debate that has been had, but mostly I want to give voice to my trans constituents and the trans people who have contacted me about their concerns. I reject wholeheartedly any rhetoric that there has been in this room that has painted trans people as potential predators. There are potential predators, but to lump all trans people together as potential predators is to completely demonise a protected group.

I want to pick up on the fact that a number of Members have used the phrase “ordinary people”, when they mean “non-trans people”. There are an awful lot of people in my constituency who would consider themselves to be entirely ordinary, and who also happen to be trans. They are also extraordinary in their own ways, I am sure, but “ordinary people” is an exclusionary phrase when it is used as it has been by some Members in this debate.

Before I move on to discuss what my constituents have said, I want to say that I will be incredibly annoyed if I get a whole load of abuse on social media after this debate suggesting that I do not know what I am talking about because I am a straight woman, because it is entirely up to me what my sexual orientation is. For people to continually call me “straight” on social media is immensely frustrating, and I wish that it would stop.

We have talked about biological sex a number of times, but not one person has been able to explain what it is. The hon. Member for Stoke-on-Trent North (Jonathan Gullis) gave a good stab at it, talking about XX and XY chromosomes. I have no idea what my chromosomes are. I assume that they are probably XY, but I do not know—I have not got a clue what they are. I have a fair idea of what my genitals look like and how they compare with how other people’s look, but if we are talking about biological sex there needs to be a definition that everybody in this room can agree with. Nobody has been able to provide such a definition.

We continue to fail trans people, and we continue to fail women. Legislators continue to fail both groups, who are considered and treated as somewhat lesser in society. That is the case. We are a room of cis people debating trans people once again, and hatred and bile causes further risk for trans people. What will the impact be on trans people?

[Joanna Cherry]

Will my hon. Friend give way?

[Kirsty Blackman]

No.

We already have a situation where people are gatekept for going to the toilet. We already have a situation where people are attacked for the way they choose to present themselves.

I have constituents who came to me separately in relation to this issue. One of them said, “I’m not a danger. I just want to get on with my life and be able to go to the loo when I’m shopping.” Surely that is something we should want for everybody. Everybody should feel comfortable and able to access services. People should not have their two teenage daughters told that they cannot go into a loo because they have short hair and wear trousers rather than skirts, as happened to one of my friends. If we have a situation where people can tell what someone’s biological sex is, clearly they are gatekeeping the wrong people. Why are they continuing to do that if biological sex is so completely obvious to everyone?

Another trans person came to me. They were not the first to come to me with concerns of this nature. I will paraphrase what they said. When they heard about biological sex being included in the Equality Act and this change being made, they said, “What hope is left? Should I just kill myself now and be done with it?”

They will not rest until trans people are excluded from public life. This is what is happening as a result of this dog-whistle politics to try to demonise my constituents, who just want to get on with their lives, live in peace and go shopping in peace.