Gender Recognition Act

Debate between Miriam Cates and Mhairi Black

Monday 21st February 2022 Westminster Hall

[Miriam Cates (Penistone and Stocksbridge) (Con)]

The petition we are debating seeks to reform the Gender Recognition Act to enable transgender people to self-identify into a new legal sex without the need for a medical diagnosis or proof of treatment. In other words, the petition seeks to allow those who have been born male to become legally female or vice versa, with no requirement to undergo changes to their hormones or anatomy, or to be under medical guidance.

Let me be clear: no trans person should face discrimination, and I have nothing but compassion for those who continue to be harassed, abused or stigmatised. Adults should be free to dress and present as they wish, without fear. It is up to all of us to stand up for the dignity and respect of everyone, including trans people. But what is being requested in the petition is not a minor amendment to an existing law or a demand for trans people to have equal rights, which they have under UK law—rights that should always be upheld by us all. Rather, the demands of the petition are for what I believe—I am afraid I disagree with my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn)—would be a fundamental change to the law.

Society, the law and science all testify that we, as individuals, can never fully define ourselves. Rather, our identity comes from a variety of external factors that we cannot change, however much we may want to: the country of our birth, who are parents are, the colour of our skin and whether we have children. None of those physical realities can be altered by our internal thoughts or feelings, however strongly they are held.

The truth is that individual identities are complex and multi-dimensional, but they are as much a function of the things we cannot change as they are of the things we can. Of course, the same goes for sex. Let us be clear: human beings, like all other mammals, cannot change sex. At the moment of conception, when sperm cell fuses with egg cell, apart from rare abnormalities, there are two possible outcomes.

[Mhairi Black]

I recognise the point that the hon. Lady is making. People often think that we have male and female, but the truth is that 1% to 2% of the global population is born intersex, which means they present characteristics of both sexes. To put that into perspective, 1% to 2% of the population are ginger, so is she telling me that she does not believe in ginger people?

[Miriam Cates]

I understand the hon. Lady’s point, which is why I said that there are these rare abnormalities. People who are intersex should be treated with the compassion they deserve during every medical treatment from birth, but that is different from saying that someone who is born male can choose to be female or vice versa, which is why I said that that is rarely the case. Normally the determination at conception is either male or female, and that is the biological, genetic fact.