Labour must show it understands women's rights
We are only now discovering how much damage has been done in the name of gender ideology. Last month, a review led by Professor Alice Sullivan revealed that official records, ranging from those held by the NHS to the criminal justice system, have been 'corrupted' for years, and on a large scale, by the usurpation of biological sex by self-declared gender.
Statistics on sex offences are being distorted by male offenders identifying as female. Defendants have been allowed to change their identities before trial, potentially affecting the verdict or sentence. Now, at last, the courts have been given notice to deny defendants this wish automatically.
Judges and magistrates are being advised not to accept unquestioningly preferred pronouns and self-ID, especially in regard to those accused of sex offences. There has been no requirement for defendants to present a Gender Recognition Certificate. Until now all they have needed to do is declare their desire to be referred to by the pronouns of the opposite sex. It is long overdue for the courts to insist on due process before a fact as fundamental as a person's legal identity can be changed.
The legal system retains, however, a systematic bias in favour of self-ID. For example, the Crown Prosecution Service still instructs prosecutors 'to address trans victims, witnesses and defendants according to their affirmed gender and name'. It may be a while before courts revert to using objective rather than subjective criteria – a practice they should never have abandoned.
Fortunately there are courageous individuals in the public arena who are standing up against the tyranny of identity politics. Perhaps surprisingly, some of these intrepid spirits work at the Equality and Human Rights Commission. Last week, the commission submitted a 310-page revision of its Statutory Code of Practice. If fully implemented, this code would protect the sex-based rights of women and represent a welcome victory for campaigners such as Maya Forstater.
Such a move would not infringe the rights of transgender people, because gender reassignment is already a protected characteristic. It would, however, make it easier for single-sex spaces to be reserved for women only. By ensuring that women, defined by biological sex, are also protected, this reform would prevent men from using self-ID to gain access to women.
The new court guidelines and the proposal by the Equality Commission are both important steps towards a more rational approach to sex and gender. Public opinion has never supported the tiny minority of gender extremists who have sought not only to cast doubt on the facts of life, but also to criminalise common sense. Yet this arena of the culture wars is still fiercely contested. Why has the pushback taken so long? And when will the Prime Minister get off the fence?
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