[2023] Motion 40 Protect trans and non-binary rights

carried motion
Carried motion

Received from:

Congress notes:

With deep concern that the UK government prevented the Gender Recognition Reform Bill passed by the Scottish Parliament from going for royal assent, using (for the first time) section 35 of the Scotland Act 1998.

The Scottish Parliament overwhelmingly passed this progressive bill with over 65 per cent of MSPs from all parties supporting it.

The bill would have removed barriers for people to legally change their gender by allowing for self-identification.

In the 25 years since devolution no UK government has taken this step until now.

Congress notes the UK Govt’s statement to restrict trans+ and non-binary people’s ability to have their Gender Recognition certificate recognised in the UK if it has been issued by countries who allow self-identification.

On the 16/1/23 a high court, to challenge the long waiting times experienced by trans+ people seeking help from the NHS, was rejected. Congress believes:

i. people should be supported through transition and self-identification (regardless of medicalised process)
ii. transphobia cannot go unchallenged, and the TUC should challenge it
iii. the TUC has responsibility to trans and non-binary workers to respond strongly to attacks on their rights
iv. LGBT+ people should have rights to live free from discrimination.

This Congress stands in solidarity with all trans+ and non-binary people from the attacks on their being from the UK state.

We condemn the proposals by Kemi Badenoch in February to ‘clarify’ the Equality Act 2010 and amend the current definition of sex, which would remove decades long rights protections from discrimination for trans people. We also condemn the collusion of the EHRC in this. We welcome the letter from Paul Nowak in response making clear the TUC commitment to oppose these proposals.

Congress calls on the TUC:

a. to strengthen solidarity with trans and nonbinary workers in hosting an online event focusing on international progress toward trans and non-binary self- identity, and inclusion within unions and in wider society

b. to support union affiliates in becoming more trans and non-binary inclusive

c. to commend Scottish Parliament for this action and provide vocal support for such change to happen across the whole UK

d. continue to highlight the impact of the onslaught on trans and non-binary people’s lives

e. continue to work alongside the STUC LGBT+ Committee, LGBT+ Labour and other grass roots organisations to support and protect Trans+ and non-binary people’s lives

f. support efforts, as far as practicable, to overturn the Section 35 Order

g. work with appropriate decision makers to prevent the continued erosion of trans+ and non-binary people’s lives.

TUC LGBT+ Conference