(2 weeks, 6 days ago)
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Under the previous Trump Administration, the British Foreign Office issued a travel warning to trans people because of the so-called bathroom ban—well, the actual bathroom ban—in parts of the United States. Yet now we are in a position where many trans women and trans men are very frightened about using toilets. Does my hon. Friend agree that Government action is needed?
I completely agree with my hon. Friend. She makes a good point about how urgent action is needed.
Almost all Members have touched on the recent UK Supreme Court ruling, which has created so much uncertainty about the legal rights of trans people, particularly trans women, under the Equality Act. Let me be clear: I am not questioning the existence or legitimacy of single-sex spaces. The Equality Act rightly allowed for such spaces in reasonable circumstances, particularly where privacy, dignity or safeguarding required it, but its principle was balanced. In my view, the Supreme Court judgment reinterpreted that balance in a way that completely undermines the legal clarity that we had before, and raises new concerns about consistency in application. That interpretation appears to directly contradict the spirit and purpose of the Gender Recognition Act, which was passed to give trans people full legal recognition in their acquired gender.
The judgment not only strips away legal certainty for trans individuals, but risks making the GRC, as Members have pointed out, a symbolic document with little practical effect. The critical question—I feel that my hon. Friend the Member for Bathgate and Linlithgow (Kirsteen Sullivan) wants to intervene.
Where I agree completely with my hon. Friend is that this debate—as has been pointed out already—has become incredibly toxic. We are seeing, with Reform and others, an attempt to import American-style politics to our country. We need a rational, reasonable debate that safeguards the dignity of all people, so I am glad that my hon. Friend made that point.
The critical question I was coming to was this: what is the purpose of the GRC now? For many years, we were told that the GRC was the legal mechanism by which a person’s acquired gender would be recognised in law, but many people are now left wondering whether a GRC still confers the rights and recognition it was meant to. If a trans woman with a GRC can still be excluded from single-sex spaces and services, what legal certainty does that document offer? Why are we asking people to go through a lengthy, intrusive and often dehumanising process to obtain one?
My hon. Friend is making an important point. The gender recognition certificate is often destroyed by trans people because they have their new birth certificate. The certificate itself is not always an extant document.