Protecting women's rights is not bigotry

An open letter to the Council of Europe following their decision to condemn the United Kingdom for 'virulent attacks' on the rights of LGBTI people

[EDIT - call for signatures ended on 28th February]

We the undersigned are women and men who live in the United Kingdom. We are ‘gender critical’. We believe that sex is real and immutable and should be retained as a protected characteristic in the UK Equality Act 2010. We do not deny the right of anyone to claim a ‘gender identity’ and to be free from abuse or harassment for so doing, but we assert that gender identity cannot be given automatic primacy over the protected characteristic of sex. We fear that the elevation of ‘gender identity’ over sex has particularly harmful consequences for women and children.

On the 25th January 2022 you adopted a resolution based on a report by Fourat Ben Chikha (Belgium, SOC), to condemn ‘extensive and often virulent attacks’ against the rights of LGBTI people. The UK Hungary, Poland, The Russian Federation and Turkey were named as those countries particularly worthy of condemnation.

We are writing to express our serious concern at the unevidenced assertions and hyperbolic rhetoric adopted in the report as criticism of the UK. We fear this displays ignorance of, or even contempt for, the decisions of our courts, and provides fuel to an already emboldened and prevalent misogyny that operates in the UK.

We are very concerned at the consequences of this, some of which we note in more detail below. Simply denying the tension between the different consequences that flow from the characteristics of biological sex and claimed gender identity, will do nothing to resolve that tension. Rather, unevidenced assertions that ‘gender critical’ men and women are simply ‘bigots’ and the lawful reliance on their existing legal rights is an ‘attack’ on gay or trans people, will only increase and cement divisions in societies and harm efforts to promote increasing acceptance for those who wish to express a variety of gender identities.

It is particularly sad to note the rhetoric deployed by the Council of Europe, against those who have done no more than seek legal recognition of their most fundamental human rights, as protected by the European Convention - an instrument largely drafted by UK lawyers. We hope that there can be more thoughtful reflection to come regarding how we protect the rights of all without dangerous demonising and dehumanising of those who seek only to protect their existing rights.

We write to ask

• for your commitment to protect and uphold the human rights of all

• a recognition of the harmful consequences of attempting to set one group against another, on the basis of unevidenced and hyperbolic assertions.

• Recognition that asserting the reality of biological sex and the consequences this has for women and children is not and can never be ‘bigotry’ or ‘transphobia’.

Criticisms of the report

We first note that the report apparently ignores the 2020 UK ranking by ILGA Europe – the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association - which placed the UK 11th out of 49 countries, scoring 65% on commitment to LGBTI rights. This is better than France (57%) and Germany (52%) and significantly better than Poland (13%) Russia (10%) Hungary (33%) and Turkey (4%), with whom the UK is placed.

We are curious therefore as to what evidence was provided to you to justify the UK’s listing along those countries which scored so dismally in terms of commitment to LGBTI rights. We are unable to discern any such evidence in the report itself.

A fundamental difficulty with this report is the ‘forced teaming’ of sexualities (lesbian, gay and bi sexual people) with claimed gender identity (transgender) people and those with differences of sexual development (intersex).  The objections made by ‘gender critical’ people to ‘gender ideology’ - i.e. the assertion that a chosen ‘gender identity’ should receive greater legal recognition and protection than immutable biological sex - has nothing to do with gay or intersex people, who have either a sexual orientation or a medical condition.

The report provides no definition of what is meant by ‘trans’ or ‘transphobia’ - a particular weakness, which we note is reflected in other attempts at commentary on these issues. ‘Transphobia’ appears to mean any rejection of the notion that gender identity is automatically more important than sex and some recommend that it is seen as a ‘security concern’ - i.e. that we are on par with terrorists. This is an astonishing state of affairs.

The report simply denies the existence of an obvious tension between those who seek to elevate ‘gender identity’ above sex - the ‘gender ideologists’ against the ‘gender criticals’.

For example para 5

The Assembly condemns the highly prejudicial anti-gender, gender-critical and anti-trans narratives which reduce the fight for the equality of LGBTI people to what these movements deliberately mis-characterise as “gender ideology” or “LGBTI ideology”. Such narratives deny the very existence of LGBTI people, dehumanise them, and often falsely portray their rights as being in conflict with women’s and children’s rights, or societal and family values in general. All of these are deeply damaging to LGBTI people, while also harming women’s and children’s rights and social cohesion.

An assertion that it is ‘false’ to argue that rights exist in conflict in this area, is unsustainable or requires evidence which this report does not provide. This conflict has been explicitly recognised in a number of court rulings in the UK and by the Equality and Human Rights Commission.

For women to assert their right to female only spaces or express concern over the medical transition of children, cannot reasonably be seen as an attempt to ‘dehumanise’ gay, trans or intersex people or ‘deny their very existence’. The assertion that women who wish to speak about and organise around their rights protected pursuant to the Equality Act 2010 as ‘harming women’s and children’s rights and social cohesion’ is an unevidenced and incoherent assertion. On the contrary, we argue that determined efforts to prevent the ‘gender critical’ from speaking and organising in the UK, have caused serious harm to social cohesion by reducing trust in such fundamental state institutions such as the police, and have required significant efforts from individuals restore the rule of law by successful challenge in the domestic courts.

Paragraph 14 of the explanatory memorandum is highly critical of those movements which object to the imposition of ‘gender ideology’ 

Whatever their motivations, these movements work to maintain unequal gender relations in the name of “tradition”, “family values”, “Christian values”, or a so-called “natural order”. Attacks on abortion, access to contraception, comprehensive sexuality education, same-sex marriage, gender, legal gender recognition, access to transition-related medical care, trans and intersex persons’ participation in sport, and ratification and implementation of the Istanbul Convention all form part of this agenda

This has no applicability to the UK which is a secular democracy. Those campaigning groups in the UK which seek to protect single sex female spaces recognise and condemn gender stereotypes which operate to deny people the freedom to make their own choices about who they love, what work they do or how they dress. Female reproductive rights are seen as a very important part of the necessary protection of women and are supported. The report wrongly conflates the UK with those countries where bigotry and hatred to towards gay or trans people is indeed a serious problem We assert this arises largely from patriarchal cultural norms which seek to control women’s bodies and stigmatise homosexuality. We are proud to say this has no relevance to the UK in 2022.

Para 52 states

In the United Kingdom, anti-trans rhetoric, arguing that sex is immutable and gender identities not valid, has also been gaining baseless and concerning credibility, at the expense of both trans people’s civil liberties and women’s and children’s rights.

….. There is intense and ongoing social, political and legal debate about what constitutes harmful discourse when it comes to trans people and their rights, and arguments defending freedom of expression have been – and are still being – used as a tool to justify transphobic rhetoric, further penalising and harming already marginalised trans people and communities.

It is not explained how reliance on belief that sex is immutable, which is deemed worthy of protection in a democratic society - see the EAT ruling in Forstater - has caused harm to the ‘civil liberties’ of trans people, women and children. The report fails to provide any evidence to support this very serious assertion. What exactly is meant by ‘transphobic rhetoric’ is not explained.

The wider consequences of failing to acknowledge that rights exist in tension

We are concerned that the uncritical adoption by the Council of Europe of a report which offers no evidence for its assertions or definition of its terms, is providing fuel for those who seek to further denigrate the ‘gender critical’ in the UK and deny them their basic legal rights.

We note for example this commentary by Natasha Devon who describes those who express concern for gender variant children’s continued access to talking therapy, as promoting ‘torture’ .

Alison Lyons KPSS @AlisonL32407149

You can complain here. This is not only a lie, it's a dangerous lie. A presenter's willful ignorance should not be acceptable on national radio. #notabot #WomenWontWheesht ofcomforms.secure.force.com/formentry/Site…

LBC @LBC

'Outside of the UK, we are known as the transphobia capital of the world. We're often referred to as TERF island.' Natasha Devon's passionate reaction as the Council of Europe condemns the UK's 'virulent attacks' on LGBTI rights. @_NatashaDevon https://t.co/aGRmDBFsRk

February 7th 2022

20 Retweets41 Likes

Other commentary on social media refers to women who object to gender identity ideology as ‘cockroaches’. This dehumanising language, and its potential consequences ought to be very well understood by European Parliamentarians.

We have seen recently alarming attacks on the Equality and Human Rights Commission for doing no more than seeking clear definition of terms proposed in legislation around conversion therapy and calling for respectful debate. We have seen academic freedoms threatened by reliance on incorrect interpretation of the law pushed by trans rights lobby groups.

The reaction of individuals in the UK

We set out below those individuals who have sought redress in the UK courts for the denial of their fundamental human right to free speech or who have faced unlawful discrimination against their protected belief that biological sex is immutable.

These legal actions have raised to date £2,087,455. They have not been funded by ‘Far Right’ or religious groups; but by thousands of small donations from ordinary men and women. The Council of Europe should not be seen to support those who would deny these men and women their rights under law, while at the same time smearing them as ‘bigots’. To continue down this road is likely to have serious consequences for us all.

Maya Forstater - I lost my job for talking about women’s rights

£123,865

https://www.crowdjustice.com/case/lost-job-speaking-out/

Harry Miller - Challenging Thought Crime

£97,893

https://www.crowdjustice.com/case/challenging-thought-crime/

Sonia Appleby - Safeguarding Concerns at GIDS

£121,275

https://www.crowdjustice.com/case/gids-concerns/

Keira Bell - Protect Gender Dysphoric Children from the Affirmation Model

£50,185

https://www.crowdjustice.com/case/challenge-innate-gender/

Victoria Edwards - Challenge damaging Transgender schools guidance in Oxfordshire

£22,731

https://www.crowdjustice.com/case/challenging-occ-transgender-schools-guidance/

Allison Bailey - The case against Stonewall (& my chambers)

£60,050

https://www.crowdjustice.com/case/allison-baileys-case/

Katie Alcock - Expelled from GirlGuiding because of my Gender Critical Beliefs

£29,430

https://www.crowdjustice.com/case/expelled-from-girlguiding/

Rachel Ara - Fight for Academic Freedom of Speech to discuss Sex and Gender

£10,565

https://www.crowdjustice.com/case/academic-freedom-of-speech/

James Caspian - Protect Freedom of Speech in our Universities (Bath Spa Uni)

£14,225

https://www.crowdjustice.com/case/uphold-freedom-of-speech-in-our-universities/

Safe Schools Alliance UK - Teenage girl challenges CPS LGBT+ hate crime guidance

£36,058

https://www.crowdjustice.com/case/challenge-cps-schools-guidance/

Safe Schools Alliance UK

£2,920

https://www.crowdjustice.com/case/safe-schools-alliance-uk/

Raquel Rosario Sánchez - Bullying and Harassment Permitted by Bristol University

£49,050

https://www.crowdjustice.com/case/bullying-and-harassment-permit-bristol-university/

Kate Scottow - Fight the Power

£16,260

https://www.crowdfunder.co.uk/fight-the-power

Mrs A and Keira Bell - Legal case to protect children from experimental medical treatment

£98,023

https://www.crowdjustice.com/case/protect-children/

Keep All-Women Shortlists Female!

£32,150

https://www.gofundme.com/f/fighting-for-female-representatives

Ann Sinnott - Official sources provide unlawful guidance on the 2010 Equality Act!

£97,075

https://www.crowdjustice.com/case/action-against-unlawful-official-guidance/

For Women Scotland - Stop the Scottish Government redefining "woman" to include men

£196,240

https://www.crowdjustice.com/case/stop-scottish-government-redefining-woman/

Fair Play for Women - Needs Your Support

£53,578

https://www.crowdfunder.co.uk/fairplayforwomen

Graham Linehan - Stephanie Hayden

£31,324

https://www.crowdjustice.com/case/graham-linehans-case/

Sarah Phillimore - The police should not secretly record us as 'hateful'

£40,475

https://www.crowdjustice.com/case/the-police-recorded-me-as-hate/

Keep Prisons Single Sex

£10,587

https://www.crowdfunder.co.uk/fighting-for-sex-based-rights-of-women-in-prison

Transgender Trend - Putting it Right

£16,705

https://www.crowdfunder.co.uk/putting-it-right#start

Sarah Phillimore - Action in Defamation

£22,261

https://www.crowdfunder.co.uk/action-in-defamation

Allison Bailey - I am suing Stonewall

£150,975

https://allisonbailey.co.uk/

Fair Play for Women - Sex and the Census

£101,000

https://www.crowdfunder.co.uk/sexinthecensus2021

Marion Millar

£57,897

https://marionmillar.uk/

AEA wants to send a vital shout-out to the country

£14,950

https://www.crowdfunder.co.uk/aea-wants-to-send-a-vital-shout-out-to-the-country

MBM - Researching Women’s Rights in Policy and Law

£14,500

https://www.crowdfunder.co.uk/womens-rights-in-policy-and-law

Natalie Bird Legal Fund

£47,345

https://www.crowdjustice.com/case/natalie-bird-legal-fund/

Jo Phoenix

£101,760

https://www.crowdjustice.com/case/harassed-silenced-for-my-gender-critical-views/

LGB Alliance - Defend our charity status

£45,355

https://www.crowdjustice.com/case/save-lgb-alliances-charity-sta/

Lisa Keogh - Abertay Uni

£14,719

https://lisakeogh.uk/

Katie Alcock - My court case to protect girls in Girlguiding

£21,510

https://www.crowdjustice.com/case/my-court-case-against-girlguid/

Rosie Kay - fighting to protect women's rights and freedom of expression

£29,470

https://donorbox.org/rosie-kay-fighting-to-protect-women-s-rights-in-the-workplace-and-freedom-of-expression-in-the-arts

KPSS - Fighting for sex-based rights of women in prison

£7,605

https://www.crowdfunder.co.uk/p/fighting-for-sex-based-rights-of-women-in-prison-1?experiment=c

Help defend freedom of speech: Sanctioned by Social Work England - Rachel Meade

£31,492

https://www.crowdjustice.com/case/unlawful-discrimination-by-soc/

Raquel Rosario Sánchez - Bullying and Harassment Permitted by Bristol University

£84,887

https://www.crowdjustice.com/case/bullying-and-harassment-enable-bristol-university/

Justice for Jenni Swayne

£36,838

https://democracythree.org/campaign/justice-for-jenni-swayne/

Shahrar Ali - Sex-Based Rights vs Cancel Culture (Green Party)

£12,925

https://www.crowdjustice.com/case/sex-based-rights-vs-cancel-culture/

James Esses - Expelled from my university course for holding gender critical views

£81,302

https://www.crowdjustice.com/case/expelled-university-free-speech/

SIGNED

1. Fair Cop

2. The Women’s Rights Network

3. Object

4. FiLiA

5. LGB Alliance

6. Parents Across Scotland

7. Keep Prisons Single Sex

8. Women’s Voices Matter

9. Women’s Declaration International UK

10. Alexander Helen

11. Anderson Clare

12. Amies Ermine

13. Atkinson Shelia

14. Bailey Carol

15. Barton Gibbs Belinda

16. Beevers Sally

17. Bell Rachel

18. Bell Vanessa

19. Benitez Nancy

20. Bennett Helen

21. Benson Ophelia

22. Beresford S

23. Blair Erica

24. Blom Clare

25. Billie F.K

26. Bingham Sarah

27. Birt Louise

28. Bishop Annie

29. Boogerman Irene

30. Booth Pippa

31. Borta Nicoleta

32. Bosentefer Rachel

33. Boston Janet

34. Botnar Lavinia

35. Brindle Wendy

36. Briody Laney

37. Brooke Gayna

38. Brooks Carly

39. Brown Michelle

40. Brown Helen

41. Brown Nichola

42. Brownlie Helen

43. Burbidge Jo

44. Burke Anne

45. Burkinshall Nicola

46. Burton Gina

47. Busby Hicks Alex

48. Busby Hicks Kat

49. Campbell K

50. Carey Thomas

51. Carr Caroline

52. Carr Martin

53. Casy Christine

54. Chalmers Alan

55. Chami Linda

56. Chan Mayce

57. Chitty Antoinette

58. Christie Amanda

59. Clapton Greg

60. Clarke Lynne

61. Coates Elaine

62. Cockcroft Weny

63. Cole Sarah

64. Compobassi Luisa

65. Cooke Carol

66. Cornfield Andrea

67. Craig Bill

68. Craig Linda

69. Craven Lily

70. Cruse Pat

71. Cunnant Anne

72. Curwen Pauline

73. Dabrowska Ms

74. Davies Nicholas

75. Davy Deborah

76. Dawson Diane

77. Darkin Rosie

78. Defries D

79. De-vall Lisa

80. Devine Cathy

81. Devlin Sandra

82. Dickinson John

83. Dixon Susan

84. Donaldson Emma

85. Door Diane

86. Drant Jo

87. Earl Sarra

88. Edwards Charlotte

89. Edwards Libby

90. Eggleston Martin

91. Ellidge Sian

92. Ellis Brenda

93. Elmaci Turna

94. Ely Celia

95. English Jude

96. Ettinger Sophie Van

97. Euson Catherine

98. Evans Deborah

99. Evans Sinead

100. F Nani

101. Fazal Shabanah

102. Fenge Penny

103. Flack Roger

104. Flint Susan

105. Fitzpatrick Lorna

106. Forstater Maya

107. Fraser Carol

108. Freeman Amanda

109. Gallagher Geraldine

110. Geddis Alexandra

111. Gera Anita

112. Gibson Felicity

113. Gilbert Rebecca

114. Goetsche Birgitte

115. Gordon Mary

116. Graciet Celine

117. Graham Heather

118. Gray Anita

119. Greg Anita

120. Greenan Beth

121. Griffin G

122. Griffith Catherine

123. Griffiths Alison

124. Grover Emma

125. Guiney Johanna

126. Gunningham Jennifer

127. Guthrie Cynthia

128. Hale Rebecca

129. Hall Ann

130. Hansell Dave

131. Harding Kim

132. Harding Sharon

133. Harrison Joanne

134. Harrison Lisa

135. Haswell Carole

136. Hathaway Eleanor

137. Hawkins Eluned

138. Haywood Jonathan

139. Hayes Joanne

140. Healy Gem

141. Hedie Fiona

142. Hennessy Liam

143. Holland Nicola

144. Holyoake Jacky

145. Howard Vanessa

146. Hoyland Verity

147. Hunt Eleanor

148. Hunter Blackburn Lucy

149. Hunter Moira

150. Hughes Nick

151. Hutchings Nancy

152. Hynan Tracey

153. Inkley Ida

154. Ireland Kathrynn

155. Jack Susan

156. Jacobs Sheryl

157. James Anne

158. James Christina

159. James Robert

160. James Sheryl E

161. Jarvis Carrie

162. Jenner Alison

163. Jenner Denise

164. Jennings Barbara

165. Johnson Emma

166. Johnson Lara

167. Johnston Tina

168. Johnston Deirdre

169. Jones L.M.

170. Jones Marie

171. Jukes Angie

172. Kaye K.J.

173. Kerr Clare

174. Kerr Clove

175. King Rhiannon

176. Knock Ginny

177. Kottek Annett

178. Kyle Sharon

179. Landsborough Bonny

180. Langford Nick

181. Larkman C

182. Laurent Elias

183. Lawes Susan

184. Lawrence Kay

185. Lawson Annette

186. Lee Al

187. Lesley Maurice

188. Lewis Mari

189. Lindsay Margaret

190. Livingstone Dr Ruth

191. Lonergaran Claire

192. Lowe Jennifer

193. Lupton Jenny

194. Lustig Vera

195. Lyon Stacey

196. M Janey

197. Mackenzie Jeannie

198. Mackenzie Mary

199. Mackenzie Paul

200. Maclean Una

201. Macpherson Lisa

202. Magari Morven

203. Makepeace Imogen

204. Malcolm Elizabeth

205. Malcolm Laura

206. Manzat Anca

207. Marsh Helen

208. Marshall Julie

209. Marshall Michelle

210. Matcham Karen

211. Mathias Chantel

212. McGary Marsden Anne

213. McGuire Bridgid

214. McKay Tarryn

215. McLennan Kate

216. McMahon Clare

217. McNeil Joanne

218. Meadows J

219. Meagher Caroline

220. Mellon Maggie

221. Megaran Janet

222. Millar Sally

223. Mindelsohn Celia

224. Moran Shanti

225. Moray Madeline

226. Moore Lucy

227. Moose Zerena

228. Morgan Samuel

229. Morris Judith

230. Morrow Deborah

231. Mulheron Joan

232. Mulholland Cheryl

233. Mulholland Imogen

234. Murphy Fiona

235. Murrow Rob

236. Naughton Tish

237. Newman Lynne

238. Nolan Jaye

239. Novak Bo

240. Nuti Milena

241. O’Boyle Samantha

242. O’Brien Stacey

243. O’Connor Julia

244. O’Corrain Pairic

245. O’Donnell Margaret

246. O’Grady Karlien

247. Osner M

248. Oubridge Linda

249. Owen Nic

250. Patrick Serena

251. Patterson Terry

252. Pearson Sarah

253. Pell Max

254. Pentney Sue

255. Perkins Stephen

256. Perry Natasha

257. Perttuli Taru

258. Pender-Hiom Edith

259. Phipps Anne

260. Philip Gillian

261. Philips Sharon

262. Phillips Jennifer

263. Pope Kathryn

264. Powell Carroll

265. Powell Richard

266. Priest Joanne

267. Pryde Victoria

268. Quant Daisy

269. Quick Sarah

270. Quirk Dr Hannah

271. Reid Patricia

272. Relton Zizi

273. Rennie Delyth

274. Rimmer Gill

275. Robbins Sal

276. Robertson Dr A

277. Robertson A

278. Robinson Becky

279. Robinson Elaine

280. Robinson Gerry

281. Robinson S

282. Rogers Helen

283. Rose Birdy

284. Royce Julia

285. Roxburgh Kate

286. Salisbury Gillian

287. Sandall Mrs J

288. Scheer Anna

289. Semmens Dr Lesley

290. Seabury Rose

291. Samels N

292. Schaaf A

293. Sharpe Lesley

294. Sheepy Georgina

295. Shepard Wendy

296. Slatter Tanya

297. Simmons Alison

298. Simmy Mc

299. Simon Theo

300. Slate Stu

301. Smith Emma

302. Smith Linda

303. Smith Melanie

304. Smith Rob

305. Smith Su

306. Souper Kate

307. Spring Timothy

308. Stevens Julia

309. Stone Louise

310. Stuart Lachlan

311. Strasburger Evelyn

312. Supple Emma

313. Talvilahti Kaye

314. Tenant Laura

315. Thomas Kay

316. Thompson Angela

317. Thompson Frank

318. Thompson Karen

319. Thompson Lisa

320. Tongue Carole

321. Tracy Isabelle

322. Tunstall Chris

323. Underwood Samantha

324. Veal A

325. Vello Emmy

326. Viac L

327. Vigar Marcia

328. Wade Felicity

329. Walker Annie

330. Walker Siobhan

331. Wall Barry

332. Wallace Denise

333. Walton Caroline

334. Webster Rae

335. Wells Ed

336. Weir Alison

337. Wharton Shah

338. White Ali

339. Whitehead Kelly

340. Wickens Jeremy

341. Wilder Harriet

342. Wilkinson Ruth

343. Williams David

344. Williams Sue

345. Wilson Caroline

346. Wilson Harriet

347. Wilton Sarah

348. Winfield Una Jane

349. Wood Diane

350. Woolferd Phillipa

351. Woolford Philip

352. Wyzgowska Zoe

353. Yamamoto Fiona

354. Young Joanna