The trans war tearing Labour apart
Earlier this week, Jan Baxter stood on stage at the Public and Commercial Services Union conference at the Brighton Centre and spoke about an encounter she'd had the previous day with 'a male-bodied person' in the female toilets at the venue.
'He laughed when I challenged him,' she told the auditorium. 'You know this is wrong. You know this is illegal. You know that women very rarely challenge big men in the toilets because women are socialised not to challenge men when they are in a vulnerable situation.
'I am here to tell you that there are many, many women within our union, within the Labour movement and within the trade union movement, who welcome the Cass Review, who welcome the Sullivan Report and who definitely welcome the Supreme Court ruling because it clarifies everything for all of us.'
Her defiant speech was punctuated with loud boos and jeers from several of the delegates in the room. Yet many others applauded and approached her afterwards to express their support.
It was a moment that might illustrate just how divided unions – and indeed the Labour Party itself – have become when it comes to the issue of gender identity and women's rights.
Last month, when the Supreme Court ruling clarified that sex in law meant 'biological sex', some naively assumed that it might finally put to rest this thorniest of issues in Labour's side. But it seems that if anything, tensions have been ramped up rather than tempered.
This week, the party's National Executive Committee (NEC) voted that women officer roles and all-women shortlists would be limited to biological women. It was a remarkable volte face from its 2018 decision that 'self-identifying' trans women (biological men who could simply declare themselves women without any surgery or medical treatment) were eligible for Labour's all-women shortlists and other roles.
In a further twist, the NEC also decided to postpone the women's conference planned for September – leading to criticism from both trans activists (who had been planning to protest at the event) and women's groups alike.
Labour Women's Declaration, which campaigns for women's rights, said that while it was pleased that the party 'had at long last decided to follow the advice we had been giving them since 2019 and comply with the Equality Act 2010', it added that the cancellation of the conference was 'ridiculous and unnecessary'.
'The absence of the democratic process for women this year, as a result of this postponement, is appalling and fails to recognise the importance of women's voices within the Labour Party,' they said in a statement. 'The party must now address this as a matter of urgency.'
Meanwhile, LGBT groups such as Pride in Labour condemned the new emphasis on biological sex as a 'blatant attack on trans rights' and 'an attempt to isolate trans people even further within the Labour Party and the labour movement more widely'.
Rosie Duffield, now the independent MP for Canterbury, who has been a fierce critic of her former party on the issue of women's rights, says that the decision to postpone the conference was 'shameful and potentially unlawful'.
'This is reminiscent of another century,' she says. 'There has been no clear reason given for the ban, so is it simply because the Labour Party refuses to exclude men, as the law states, or that they are afraid of potential male protests, or even violence and are refusing to deal with that?
'Either way, I no longer equate being a feminist with being involved with the Labour Party, who still so obviously have a serious problem with women, which comes from the very top. It shows the utter disregard they still have for women's place within the Labour movement, and women's political activism.
'For years, we had to fight for recognition within unions, to organise together, for greater representation in politics. And now that the law couldn't be clearer, they have effectively silenced women yet again.'
While Sir Keir Starmer and colleagues such as Wes Streeting and Bridget Phillipson have publicly welcomed the clarification of the law, opposition to the ruling within the party seems to run deep.
Last month, four Labour MPs – Charlotte Nichols, Kate Osborne, Olivia Blake and Nadia Whittome – signed a trans-rights pledge that appeared to criticise the ruling.
Front benchers Chris Bryant and Dame Angela Eagle also railed against remarks made by Baroness Falkner, who chairs the Equality and Human Rights Commission (EHRC). She had said the ruling meant trans women would be banned from women's single-sex spaces. In a leaked WhatsApp message, Eagle warned that EHRC guidance on the issue might be 'catastrophic' and warned that there were 'signs that some public bodies are overreacting' to the Supreme Court decision.
Mandy Clare, a former Labour councillor from Cheshire, was elected onto Labour's National Women's Committee in 2020 but left the party after being deselected and taken through a disciplinary for alleged transphobia.
'I highly suspect the cancellation of the women's conference this year is yet another cynical, controlling and possibly vindictive move by the party, at the behest of activists, to again remind women of their place,' she says.
'Women within the Labour Party have to dance to the men's rights tune or expect to be abused and discarded.'
Clare, who is now a councillor for Reform, believes that some Labour MPs have 'emboldened' trans activism with their behaviour.
'Starmer owes all women an apology,' she says. 'Those Labour MPs who have called women names and decided we were witches, without even bothering to check basic crime statistics and evidence, not only lack common sense or any respect or understanding for what it means to be a woman in a world that is still male-dominated, they have – by their actions – emboldened the type of man who threatens to hang or punch women and allowed this go unpunished. It's hard to compute what we have been living through – and it's not over.'
Some insiders even claim that because of the magnitude of the impact of the Supreme Court ruling on Labour, party figures are working behind the scenes to undermine it.
'An interesting aspect of this is because Labour is one of the few political parties which has extensive positive actions policies for women in terms of lists and quotas and women's branches, women's officers etc, it is more heavily impacted by the Supreme Court ruling,' says one source.
Another claims: 'The Labour Party will push through the fully trans inclusive conversion therapy Bill as well as the data Bill, which is effectively self-identity. There are many LGBT+ Labour activists running the show who have very serious influence at Labour Party HQ and they're invested in achieving LGBT+ aims. Worse is yet to come.'
Labour's data Bill, which is in its final stages before becoming law, will allow people to prove their identity and facts about themselves by using a new voluntary Government app. Women's rights campaigners have been warning ministers that the legislation will play havoc with the ability of companies such as gym chains and public bodies like the NHS and police to ascertain someone's sex – just after the Supreme Court ruling intended to bring much-needed clarity.
Dee McCullogh, a member of Lesbian Labour, says that the division and tension within the party needs to be tackled from the top – putting the spotlight on Starmer.
'For 15 years the law has been incorrectly administered and finally we have some clarity – which is great – but then the Labour Party has a knee-jerk response [by cancelling the women's conference] and it feels like a kick in the stomach,' she says. 'It's like saying to women: 'Yes of course you can play football but you can't have any matches'. It's so insulting.
'This whole thing has been about capitulation to the bullying from a loud group of trans activists, not the tiny percentage of people with genuine gender dysphoria. Lesbians in particular were central to the Supreme Court ruling and no one has apologised to us for the distress and harms caused to lesbians, who, over the last 15 years have lost our community and single sex spaces.
'The Government really needs to clamp down on this bullying. You can't have MPs and people within the judiciary saying they are not going to follow the law. What sort of democracy can you run if people are simply going to say they know the speed limit is 30mph but they are going to drive at 60mph anyway? The Labour leadership needs to listen to its membership, not just the bullies because as You Gov polls show, the majority of people agree with the Supreme Court decision.'
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