If Keir Starmer had hoped that last week’s U-turn on gender recognition changes would stem bitter divisions on the subject within the UK Labour party, reflected across the country, he was wrong.
In an attempt to defuse an ugly culture war campaign threatened by the Tories in the next general election, Anneliese Dodds set out the revised policy in the Guardian last Monday: reaffirming Labour’s commitment to make it easier for transgender people to transition while maintaining protections for single-sex spaces.
Later that day Starmer explained that the fierce row over gender recognition changes in Scotland had caused him to reflect. He criticised the “cavalier” approach of the Scottish government to introducing a system of self-identification for those who wish to change their legal sex, which was ultimately supported by a majority of MSPs from all five Holyrood parties.
This bill was blocked by the UK government in January, which claimed it clashed with the Equality Act and put women and girls at risk.
Starmer stressed he now wanted to maintain the medical process – so an individual would still require a medical diagnosis of gender dysphoria in order to access a gender recognition certificate – and that he did not think self-identification was “the right way forward”.
But on the streets of Rutherglen on Wednesday, launching the byelection campaign that Starmer hopes will send a crucial signal nationally as to UK Labour’s electability, the Scottish Labour candidate, Michael Shanks, made it clear: in contrast to the UK leader, he supports the Scottish Labour policy of demedicalisation for gender recognition.
Questioned about the policy split, Shanks was keen to play it down. He said Labour was united across the UK in wanting overhaul of the outdated process: “We want trans people to live with equality, but we also want women to have safe spaces.”
He argued that – along with policy differences on the two-child benefit cap – this was an example of the “maturity of devolution” rather than a split. Although the angry response from some MSPs to Starmer’s initial restatement might suggest otherwise.
Certainly political rivals are quick to highlight the division: Anas Sarwar, the Scottish Labour leader, has been accused of “deafening silence” on the matter by the Scottish Tories, while he is in fact on a family holiday.
It is notable, too, that Shanks and others in Scottish Labour emphasise their longstanding commitment to “demedicalisation” rather than “self-identification” – perhaps evidence of how toxic the latter phrase has become, and open to different interpretations by those with differing agendas.
Dodds and Starmer suggested the Scottish National party had weaponised gender overhaul in order to “pick a fight with Westminster”, something many of those involved in the Scottish bill process found insulting.
Some have accused the UK leadership of not respecting the cross-party efforts that went into passing the bill, which was supported by MSPs of all parties and involved unprecedented late-night sittings to go through screeds of amendments as colleagues worked across the Holyrood chamber to improve the end result.
Shanks raised this himself – pointing out that the bill could be “much much better”, with amendments brought by Scottish Labour on operation with the Equality Act and protection for young people being voted down.
Earlier this week, the Scottish Labour MSP Daniel Johnson spoke frankly about Holyrood’s collective failure to reach consensus on the bill, despite the years of consultations, evidence-gathering and debate. Many MSPs also privately acknowledge the failure to bring the public with them on this subject, compounded by two horrific sexual assault cases by transgender women, Isla Bryson and Andrew Miller/Amy George, which came to light in the months after the bill’s completion. As a recent Guardian/More in Common focus group discovered, it was these cases rather than the legislation itself that had cut through to the voters.
Which also raises the question of how significant a problem the differing stances on transgender rights changes are likely to be in this byelection – previous national polling has suggested voters are far more focused on cost of living concerns.
In September, the court of session will hear Scottish ministers’ challenge to Westminster’s veto of the gender recognition changes – which Scottish Labour has also criticised as an attack on devolution. There has been some speculation that, if the case drags on, a newly elected UK Labour government could be on the opposing side to its Scottish party. Scottish Labour says its approach would always be one of cooperation not conflict, and respect for devolution.
Meanwhile transgender people in Scotland are left in limbo, many of whom did not even especially prioritise this overhaul, preferring to see better healthcare or policing of hate crimes. The trans and indeed broader LGBTQ+ community in Scotland has also reported concerns of increased hostility online and on the street.
