Transgender rights: What are the Labour and Conservative positions?

Government figures have directed criticism at actor David Tennant formerly of Doctor Who for his remarks about cabinet minister Kemi Badenoch’s views on women’s and transgender rights. The star said he wanted the minister for women’s and equalities to “shut up” and alluded to a future in which she “doesn’t exist any more” as he accepted an award at the British LGBT Awards (June 21) for being a top celebrity ally. But some have taken issue with his remarks, including Rishi Sunak. And in a post X, on Tuesday (June 25), Ms Badenoch accused the former Doctor Who actor of being a “rich, lefty, white male celebrity so blinded by ideology he can’t see the optics of attacking the only black woman in government by calling publicly for my existence to end”. Mr Sunak entered the debate on transgender rights the following day. He said: “Freedom of speech is the most powerful feature of our democracy. If you’re calling for women to shut up and wishing they didn’t exist, you are the problem.” But why did Tennant say this? The Conservatives have committed to reworking the Equality Act to limit the protections against discrimination based on a person’s sex to that person’s biological sex alone. When the announcement was made Badenoch said “changing your clothes doesn’t change who you are”. In the past, critics have linked the Conservatives with trying to create divisiveness regarding transgender individuals in order to garner support. Should the party win another term in July, they have promised to draft new laws they claim would redefine “sex” to include “biological sex” or sex at birth. The proposal would exempt single-sex establishments and services from discrimination laws by allowing them to refuse access to transgender customers and users. Badenoch said in a speech early in June that “the protection of women and girls’ spaces is too important to allow the confusion to continue”. Gender recognition would likewise become a reserved matter, subject to legislation exclusively at Westminster, under the government’s planned revisions. This comes after the UK government blocked Scotland’s Gender Recognition Reform Bill in 2023 due to a conflict with national legislation. Regarding education, the Conservatives have promised to make sure that children aren’t taught “the concept of gender identity”. In tandem with it, sex instruction for children under nine is prohibited. The Government has claimed that to implement this, it will give instructors mandatory guidelines. Labour’s Sir Keir Starmer has also said he is opposed to “gender ideology” being taught in schools. When asked if he would repeal the law prohibiting educators from teaching students about “gender ideology” in the classroom, he responded, “No, I’m not in favour of ideology being taught in our schools on gender” during a visit to a Kettering school. The Department of Education’s draft guidance, which was released last month, said gender ideology should not be taught in schools. Both parties have committed to carrying out the recommendations made by the Cass Review, a seminal study on gender identity services for youth in the United Kingdom. NHS England commissioned it in 2020 and, after an interim report in 2022, it was published in April 2024. Important considerations include the removal of puberty blockers from medical practice (a move that is currently being taken in England) and the significant discouragement of social gender transformation before the age of 18. The report has drawn criticism from certain organisations. Stonewall UK, an LGBTQ+ charity, expressed its “concern” over certain recommendations that would prevent “children and young people from receiving the care that they need”. Amnesty UK and Liberty, additionally, issued a warning, claiming that some who take pleasure in disseminating false information and misconceptions regarding transgender youth healthcare are weaponising the review. Nevertheless, when compared with the Tories, Labour seems to have a more welcoming approach to transgender rights. Currently, transgender individuals who want their new gender to be recognised legally are required by current legislation to get a gender recognition certificate (GRC). Labour intends to eliminate what it considers to be antiquated components of this procedure, such as the need to demonstrate that the applicant has lived as their preferred gender for a period of two years and the need for permission from a spouse if the applicant is married. After the application is submitted, there will be a two-year “reflection” period in its stead. A single doctor with expertise in gender issues will take the place of the current panel of physicians and solicitors who approve GRCs. This doctor will be qualified to offer a medical report endorsing the gender transition. The Liberal Democrats, according to their website, “reject all prejudice” with regard to all protected traits and hold that “trans people are entitled to the same rights as everyone else”. Additionally, they have a strong history of supporting the transgender community and commemorating significant occasions like the Trans Day of Remembrance. In the party’s statement commemorating the occasion, Edinburgh West MP Christine Jardine stated: “Let me be clear, Liberal Democrats will always stand up for the rights