Historians Alert on Government Approach to Trans Rights

Over 350 historians have raised their voices in unison, signing an open letter to denounce the current "attacks on the LGBTQIA+ community" perpetrated by the UK Labour government. This collective action highlights ongoing concerns regarding the treatment of trans people in the wake of a controversial UK Supreme Court decision.

On Friday, May 2, the letter was made public, expressing significant apprehension over the court's ruling that effectively excludes trans people from being recognized under the legal definitions of women and sex as stipulated in the 2010 Equality Act. The ruling, delivered in April, confines the act’s interpretation of these terms to "biological women" and "biological sex." In response, Prime Minister Keir Starmer has vocally supported what he describes as the "clarity" afforded by the judgment, stating his belief that trans women are not women and trans men are not men.

An immediate response to the Supreme Court's decision was an emergency protest that took place in April, where participants displayed their disapproval.

The letter, which has garnered the support of over 366 academics and PhD students, contends that Starmer's stance on trans rights mirrors a history of escalating animosity faced by queer and trans individuals during some of the UK's most challenging times. Driven by Christyn Parkes, a senior lecturer in History Education at King's College London, the letter suggests that strides made by legal and public institutions are being systematically "undermined" by an "unsubstantiated and erroneous" legal verdict.

"As historians, we rarely speak in certainties. However, this government's negligence concerning the safety, dignity, and civil rights of trans individuals prompts us to make an exception," the letter declares. "A government that orchestrates the persecution of a minority group, as this administration seems intent on doing, will not be viewed favorably by history."

The letter examines various pivotal historical precedents affecting LGBTQ+ individuals in the UK, such as the notorious Corbett v Corbett decision of the 1970s. This ruling imposed a definition of "true sex" based on "biological constitution at birth," stripping away essential civil liberties from trans and non-binary individuals. This decision was later challenged and overturned by the Blair government in 2002, which redefined trans identities so they were not classified as a "mental illness."

"The oppressions faced by queer people in the UK is a long and distressing chronicle," the letter elaborates. "It spans the centuries of criminalizing sex between men, state-sanctioned conversion therapy supported by the NHS, and unnecessary medical interventions on intersex infants."

Criticism of the Equality and Human Rights Commission

The open letter also heavily criticizes guidance released by the Equality and Human Rights Commission (EHRC) concerning single-sex spaces. This non-statutory guidance, which could potentially shape policy and legislation, advocates for the exclusion of trans people from all gender-specific facilities.

Under the leadership of Kishwer Falkner, the EHRC has faced scrutiny over its position on trans issues. The guidance has been condemned as an "unprecedented assault" on the "freedom and safety" of LGBTQ+ individuals in the UK. The signatories argue that the UK government’s endorsement of the guidance exemplifies the "worst forms of state discrimination against gender and sexual minorities."

"No UK government agency has ever attempted to effectively bar an entire demographic from public restrooms and changing areas, nor has any such agency claimed the authority to define membership criteria for gay and lesbian organizations, insisting on the exclusion of a specific group of people," the letter asserts.

The open letter concludes with a call to action, urging Labour leaders to address and mitigate the mounting assaults on trans rights. "It is not too late," the letter insists. "We urge you to take action now—publicly support trans rights, question the EHRC's proposals in Parliament, and engage with trans community organizations that have been neglected by those in power in recent times."

"History need not repeat its mistakes," the letter concludes, highlighting the urgency for change.