Elaine Loughlin: Anti-transgender narrative seeping into the mainstream

All of the unease being stoked comes from a place that disregards the people at the centre of the issue.

TRANSGENDER people have been officially recognised in the law for eight years, so why are some people suddenly so concerned about a so-called threat?

It’s a question that was posed by some who attended a private meeting of the Fine Gael TDs and senators this week.

A lengthy discussion ensued after Wexford TD Paul Kehoe told his party colleagues he had received more queries and emails about transgender issues than the ending of the eviction moratorium. A number of party members agreed.

“I have had more emails on issues relating to education and transgender matters than over the eviction ban,” one TD said after the meeting.

However, he said the emails received have all been “very similar” in tone and language, which suggested to him that it is part of an organised campaign with religious undertones.

Another member suggested it’s a campaign that has been “imported directly from abroad” and that it echoes the type of culture wars that have ignited in the US and, more recently, Britain.

Some within the Government and Fine Gael are increasingly concerned that the anti-transgender right-wing narrative is seeping into the mainstream, with parents of young schoolgoing children now the target audience.

Jennifer Carroll MacNeill says even 'our own supporters' are fearful of issues that are not based in reality.

Minister of State Jennifer Carrol MacNeill told this week’s meeting of the parliamentary party that she had been contacted by a Fine Gael grassroots member who said she was worried about the safety of her daughters, and the possibility of males being able to use female changing rooms.

She pointed out that “even our own supporters” have become fearful of issues that are not based in reality, and more education and discussion are needed.

The perceived danger of an abusive man dressing up as a woman to get a gender recognition certificate in order to gain access to single-sex spaces is absurd.

Garda figures will clearly show that men don’t feel the need to go to those lengths to violently or sexually assault women.

It was a point that was strongly addressed by Senator Regina Doherty when she was asked to appear before a Scottish parliament committee.

“To me, it’s kind of fanciful when you recognise that in the Irish State, women have issues with regard to safety because of male violence.

“I don’t think a man who wants to be violent towards a woman needs to go to the extent of changing his gender through a certificate so that he can get access to me in the dressing room of Zara or wherever it happens to be,” she said.

While dismissed as “fanciful” it’s a narrative that is clearly being pushed and gaining traction.

When asked about it on Thursday, Taoiseach Leo Varadkar said he really “hates” the idea of transgender people being dubbed as a group who are a threat to children and a threat to others. He said:

They’re no more threat to others than any other group in society and I really hope people will avoid straying into that space.

Robust, informed, and open debate should always be welcome and is essential to a functioning democracy. But many of the points that have been raised of late seem to solely centre around a believed danger to children, women, men, and prisoners.

There has been little thought or compassion shown towards those who have been singled out — a small cohort of extremely vulnerable people.

The emails sent to our politicians certainly don’t consider the real issues facing those seeking to transition or those who have already transitioned — fundamental difficulties in accessing healthcare, or young people who are targeted and bullied for being different and the toll this has on their mental health.

Another angle being pushed is that the Gender Recognition Act, which legally acknowledges transgender people, was in some way rushed or not fully considered before it was passed into law back in 2015.

Ms Doherty, who was before Scotland’s equalities, human rights, and civil justice committee as they debated what would become a highly contentious and divisive topic, said there is “a very small but growing campaign” which is now seeking to repeal our own Gender Recognition Act.

The act allows citizens to be legally recognised by their preferred gender and people can apply to the minister for social protection for a gender recognition certificate.

This is a self-declaration system and there is no requirement for medical diagnosis or judicial approval before a certificate can be obtained.

While a significant and life-changing piece of legislation for some, the numbers availing of it are relatively low; in 2021 for example, the State approved 195 gender recognition certificates.

It is understood that former justice minister Charlie Flanagan told this week’s Fine Gael meeting that other countries are “rapidly rowing back” on what was legislated for in Ireland in 2015, with the Gender Recognition Act.

Mr Flanagan suggested that issues were not fully discussed in advance of the legislation.

Dr Lydia Foy speaking to the large crowd at the Cork LGBT Pride Festival parade in 2016. Picture: Denis Minihane

Yes, the legislation passed relatively unscathed from the type of polarised, bitter and at times nasty debate that was seen earlier this year when then-first minister Nicola Sturgeon became embroiled in controversy over where transgender prisoners should be detained.

But it would be inaccurate to say it was simply pushed through without discussion by a Government of which Mr Flanagan was a member back in 2015.

Indeed, transgender rights had been on the agenda and in the public sphere long in advance of the act coming into force.

A 22-year-long legal battle taken by Dr Lydia Foy to have her gender recognised on official documents was the starting point along a winding road to the enactment of the law.

In 1992, Dr Foy had gender reassignment surgery and the following year, applied for a new birth certificate recognising her true gender but was refused. Her protracted fight involved two high-profile High Court cases.

Following on from this, an inter-departmental group was established in May 2010 and the following year then minister for social protection, Joan Burton announced her intention to legislate for the recognition of the acquired gender of transgender people.

“The High Court’s ruling in the Foy case that the State was in breach of its commitments under the European Convention on Human Rights in its failure to provide this recognition was delivered in 2008. This Government is determined to implement legislation in this matter as soon as possible,” Ms Burton said in July 2011.

Public and political discussion did not stop after 2015 and a review of the operation of the Gender Recognition Act was completed in 2018.

Grubby culture wars

As the topic reignites, Mr Varadkar has moved to warn his own party that politicians should not become embroiled in grubby culture wars. He said that those involved “just want to shout at each other and score points”.

“I think we do need to talk about it but let’s do it in a way that understands we’re talking about individuals, we’re talking about families, we’re often talking about quite vulnerable people. And let’s try and be sensitive in our comments. And that’s to try to avoid anything that’s disrespectful.”

We have lived in a country where transgender people have been legally seen and accepted for eight years.

But transgender ‘issues’ are now being put forward as areas that should be of public concern — women should be terrified, parents should be seriously concerned, and female prisoners should feel under threat.

What is most concerning is all of the unease being stoked comes from a place that disregards the people at the centre of the issue.