What Can We Do Now?: A Guest Blog from Scottish Trans

We're immensely grateful to be able to share this guest blog by Florence Oulds at Scottish Trans, outlining her response to the EHRC's new Code of Practice and what can do as a community.

Since last year’s Supreme Court judgment on the meaning of “sex” in the Equality Act, trans and non-binary people have faced significant impacts to our lives, rights, and wellbeing. Scottish Trans, the organisation I work for, has spent the last year trying to understand what the judgment and the EHRC’s subsequent Code of Practice means for our community, and whether there are still ways that we can be treated in line with who we really are and how we live our lives.

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Earlier this month, a Glasgow-based human rights group asked me to speak at one of their meetings about these impacts, and what we think might happen next with the Code of Practice, which comes into effect August 5th. I did my best over a hybrid video call, watching the looks of sadness and disappointment on their pixelated faces as I described the dire situation we find ourselves in, and the absurdity of having to interpret equality law in a way that enforces such obvious inequality.

I do usually warn people that unfortunately these kind of talks are quite depressing, and try my best to prepare for any questions that people may have, however weird and wonderful they might be. But it was one very simple question that a member of the group asked that made my mind go completely blank, I felt like I had absolutely nothing to say:

“What can we do now?”

As an organisation that regularly campaigns for positive change for trans and non-binary people through policy and legislation, there’s a whole host of things we would normally suggest: write to your MP/MSPs, sign a petition, attend a protest, speak up and let your voice be heard. But at the moment it just feels hard to recommend these things because as a community we’ve just experienced loss after loss. It doesn't feel like there’s the political will for the kind of change we need, and so we feel hard pressed to recommend things that we don’t think will have much impact, or will spend what precious energy we have for minimal gain.

We’re exhausted, and we know that so many in our community (and our allies) are too. The weight of feeling like you’ve lost so much progress can hit very hard, and really makes you realise how fragile so many of the rights we hold are in a society where it is increasingly unfashionable to care about marginalised groups.

Of course, we have been here before – a place where the status quo is that trans and non-binary people are always treated as our “sex at birth”, and it took decades of work from so many incredible activists to get us to the place we were just before this judgment. We’re going to have to do it again, because there is no other option when it does not and will not work for us to be treated this way. We simply will not be silent and fade out from existence like so many would like us to do.

So, what can we do now? Well, read a book!

Read, listen, think, talk about how those that paved the way for us did it before, and how others who are making the world they need are doing it now too. Also, despite the despair I mentioned earlier, now really is a crucial time to use your voice, especially if you’re an ally. If you think that the way we are being is treated is wrong, let people know about it. At work, with friends, in your union, don’t let this be normalised and don’t let history be rewritten.

Otherwise, do whatever you need to do to get ready for a very long struggle. We know this isn’t something that can happen overnight, and will likely take many years, but if that’s what it takes then that’s what we have to do.

We've worked with Scottish Trans to bring you a wee list of books to sustain, support and nourish. We have many other lists that feature trans writers - check some of them out here, here and here.

Flo also recommended Stone Butch Blues, which despite being out of print can be read for free here.