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Boris Johnson’s LGBTQ rights advisor criticizes advocacy groups over conference cancellation

Nick Herbert acknowledges episode damaged UK ‘global reputation’

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Nick Herbert is a member of the British House of Lords who advises British Prime Minister Boris Johnson on LGBTQ issues. (Washington Blade photo by Michael Key)

British Prime Minister Boris Johnson’s advisor on LGBTQ issues on Sunday issued a lengthy statement in response to the boycott of the government’s Safe to Be Me Conference that prompted its cancellation.

Nick Herbert, a member of the British House of Lords, in his statement described the conference’s cancellation as “damaging to the government and to the U.K.’s global reputation.” Herbert added it is “also an act of self-harm by the LGBT lobby.”

The conference was to have taken place in London from June 29-July 1.

The British government cancelled it last week after more than 100 British LGBTQ rights groups announced they would boycott it in response to Johnson’s decision to exclude transgender people from a conversion therapy ban. LGBT Business Champion Iain Anderson on Tuesday resigned over the issue.

Here is Herbert’s entire statement.

The Safe To Be Me equality conference was to be a global first, bringing governments, businesses, parliamentarians, faith leaders and activists together to discuss how to advance LGBT rights across the world. Our focus was on ending violence, advancing decriminalization in the 71 jurisdictions where homosexual conduct is still a crime, ensuring access to HIV/AIDS treatments, and building the economic case for inclusion.

We had remarkable speakers lined up and exciting plans for a new public-private fund to support LGBT groups in countries where they need our help. There was enthusiasm from governments and organizations planning to attend, often indicating they would bring new announcements or commitments to progress LGBT rights. We aimed to drive real action globally, and one major government had already indicated that they would hold a successor event to take agreed initiatives forward.

The conference’s cancellation is damaging to the government and to the U.K.’s global reputation. But it is also an act of self-harm by the LGBT lobby. Having orchestrated the boycott which brought the event down, Stonewall now claims to be “truly sad that the government does not feel in a position to run the UK’s first global LGBT+ conference,” adding that this shows a lack of concern for equal rights. Crocodile tears will be of little consolation to brave human rights defenders in countries where the right to wave a rainbow flag without being arrested is a distant dream.   

LGBT groups were understandably dismayed, as was I, when a promised conversion therapy ban was suddenly dropped and then only partially reinstated just hours later. The bill will no longer extend to trans people, reflecting concern that more time is needed to ensure that legitimate therapies to help young people with gender dysphoria are not inadvertently criminalized. I believe such concerns can be allayed. Helping people come to terms with who they are is not the same as setting out to take them in one direction or the other — that is not therapy, it is ideology, and it can do irreparable harm.  

It is quite possible that Parliament will decide to include trans people in the new law, as many other countries have done, for instance in Canada, where Conservative MPs unanimously supported the fast-tracking of a ban. But we must address the concerns and make the case for change, deploying the evidence and reassuring parliamentarians that a ban which include trans people is a safe and justifiable course to take.

Some of those who have raised their voices in Parliament about trans rights are reactionaries who opposed reforms such as equal marriage. But others are not. They are decent, middle-of-the-road politicians who supported gay rights but have genuine concerns that gender ideology may have gone too far, and that women’s rights and children must be protected.

Opinion research tells us that the public is sympathetic to trans people, and wishes to be kind, but has concerns about certain issues such as the safety of women in single sex spaces and especially the fairness of trans women competing in elite women’s sports. Our laws already allow for sensible balances to be struck to meet these concerns: Exemptions to the Equality Act allow single sex spaces to be protected, trans women prisoners to be placed in special wings, and sports bodies to set rules which may exclude trans competitors. Calm explanation of the facts and discussion on the right boundaries of these compromises is needed.

But social media, the rise of identity politics and the bitter polarization of every issue does not lend itself to rational discussion. When the prime minister expresses concerns, in reasonable terms, about issues such as fairness in sport, he is not being “transphobic”, as Stonewall immediately branded him. Nor is he alone, and growing disquiet across the political spectrum cannot sensibly be swept aside.

In the days when it was winning, the LGBT lobby made a compelling case for change, engaging successive governments and briefing parliamentarians. Now it is organizing boycotts and shouty protests. A fortnight ago in Manchester, a protester held up a trans flag with the words “some women have penises.” It is hard to imagine a surer way to lose a public argument. For days afterwards, politicians struggled to say whether they agreed, or could define what a woman is. A sensitive, complex debate is being reduced to ugly, dehumanizing talk about body parts.

Some may tell the government that this is a political opportunity for a wedge issue, but this would be deeply unwise. It is one thing to make an issue of statue-toppling and historical revisionism, another to appear to be attacking minorities and vulnerable people. It is also a misreading of public opinion. People want to hear solutions: they don’t see these issues through an ideological lens. 

We must not allow a descent into a political mire which is dominated by extremes and which suffocates the reasonable middle ground. Across the Atlantic, this debate has become toxic, with hideous and persecutory anti-trans laws being passed by state legislatures. That is not who we are. We have to find a way to take the heat out of this debate.

I believe we now need a Royal Commission to examine these issues dispassionately. Its members would have to be truly neutral for such an inquiry to work: It could be led by a senior judge. It would need to be set up with cross-party support and without predetermination of its direction or outcome. Weighing the evidence on contested areas such as sport, safe spaces for women, and gender identity services for children and young people — building on the work of the independent Cass review — would be a better way to detoxify the debate, protect trans people from being caught in the political crossfire, and find the common ground we need.

No one will win from a culture war on these issues, and those most harmed will be trans people who already feel stigmatized, people who are different yet just like us, human beings who deserve greater kindness than today’s politics will permit.

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UK Supreme Court rules legal definition of woman limited to ‘biological women’

Advocacy groups say decision is serious setback for transgender rights

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The U.K. Supreme Court (Photo by c_73/Bigstock)

The British Supreme Court on Wednesday ruled the legal definition of a woman is limited to “biological women” and does not include transgender women.

The Equality Act that bans discrimination based on sexual orientation and gender identity took effect in 2010.

Scottish MPs in 2018 passed a bill that sought to increase the number of women on government boards. The Supreme Court ruling notes For Women Scotland — a “feminist voluntary organization which campaigns to strengthen women’s rights and children’s rights in Scotland” — challenged the Scottish government’s decision to include trans women with a Gender Recognition Certificate in its definition of women when it implemented the quota.

Stonewall U.K., a British advocacy group, notes a Gender Recognition Certificate is “a document that allows some trans men and trans women to have the right gender on their birth certificate.”

“We conclude that the guidance issued by the Scottish government is incorrect,” reads the Supreme Court ruling. “A person with a GRC (Gender Recognition Certificate) in the female gender does not come within the definition of ‘woman’ for the purposes of sex discrimination in section 11 of the EA (Equality Act) 2010. That in turn means that the definition of ‘woman’ in section 2 of the 2018 Act, which Scottish ministers accept must bear the same meaning as the term ‘woman’ in section 11 and section 212 of the EA 2010, is limited to biological women and does not include trans women with a GRC.”

The 88-page ruling says trans people “are protected by the indirect discrimination provisions” of the Equality Act, regardless of whether they have a Gender Recognition Certificate.

“Transgender people are also protected from indirect discrimination where they are put at a particular disadvantage which they share with members of their biological sex,” it adds.

Susan Smith, co-founder of For Women Scotland, praised the decision.

“Today the judges have said what we always believed to be the case, that women are protected by their biological sex,” she said, according to the BBC. “Sex is real and women can now feel safe that services and spaces designated for women are for women and we are enormously grateful to the Supreme Court for this ruling.”

Author J.K. Rowling on X said it “took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court.”

“In winning, they’ve protected the rights of women and girls across the UK,” she added.

Advocacy groups in Scotland and across the U.K. said the ruling is a serious setback for trans rights.

“We are really shocked by today’s Supreme Court decision — which reverses 20 years of understanding on how the law recognizes trans men and women with Gender Recognition Certificates,” said Scottish Trans and the Equality Network in a statement posted to Instagram. “The judgment seems to have totally missed what matters to trans people — that we are able to live our lives, and be recognized, in line with who we truly are.”

Consortium, a network of more than 700 LGBTQ and intersex rights groups from across the U.K., in their own statement said it is “deeply concerned at the widespread, harmful implications of today’s Supreme Court ruling.”

“As LGBT+ organizations across the country, we stand in solidarity with trans, intersex and nonbinary folk as we navigate from here,” said Consortium.

The Supreme Court said its decision can be appealed.

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Current, former PinkNews staffers accuse publisher, husband of sexual harassment

CEO Anthony James suspended from NHS job after allegations became public

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Thirty-three current and former employees of an LGBTQ news website in the U.K. have accused its publisher and husband of sexual harassment and misconduct.

The BBC on Tuesday reported “several” former PinkNews staffers saw Chief Operating Officer Anthony James “kissing and touching a junior colleague who they saw appeared too drunk to consent” outside of a London pub after a company event.

James’s husband, Benjamin Cohen, founded PinkNews in 2005.

The BBC reported the current and former staffers with whom it spoke said “a culture of heavy drinking led to instances when” Cohen and James “behaved inappropriately towards younger male employees.”

Stephan Kyriacou, who worked at PinkNews from 2019-2021, told the BBC that Cohen slapped him on his butt at a Christmas party.

“I just shut down for a minute. I didn’t know what to say. I was in shock,” Kyriacou told the BBC. “I remember turning to my friends and saying, ‘What the hell just happened?'”

The BBC spoke with PinkNews staffers who said “they were shouted at and belittled by Mr. Cohen, and that there was a ‘toxic’ culture at the company. Others said they saw “misogynistic” behavior.

Neither Cohen, nor James spoke with the BBC. The Washington Blade has reached out to PinkNews for comment.

Media reports indicate Bedfordshire Hospitals NHS (National Health Service) Foundation suspended James, who is a doctor, from his job after the allegations against him and Cohen became public.

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Anti-LGBTQ UK Cabinet minister fired

Advocacy groups frequently criticized Suella Braverman

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Then-British Home Secretary Suella Braverman speaks at the American Enterprise Institute in D.C. on Sept. 26, 2023. (C-SPAN screenshot)

Suella Braverman, the controversial British Home Secretary who was fired by Prime Minister Rishi Sunak in a phone call Monday, fired back publicly Tuesday releasing a scathing three page resignation letter accusing Sunak of “not having a plan” and failing to deliver promises made to the British people on among other items, hot button immigration and crime prevention issues.

Braverman took office in October 2022 as home secretary while Sunak formed a new government after former British Prime Minister Liz Truss stepped down on her 50th day in office amid a government crisis, making her the shortest-serving prime minister in British history.

The former home secretary was known for her far-right conservative views and in the past year had made a series of public comments in speeches and in the press that derided LGBTQ people, asylum seekers and illegal immigrants. Her remarks disparaging transgender British females oft times echoes similar sentiments stated publicly by the prime minister. 

This past June at a Conservative Party conference, the prime minster was caught on a video clearly mocking trans females. 

The prime minster makes reference to an opposition leader, although that person is not clearly identified. Sunak then took aim at Edward Jonathan Davey, a British politician who has served as leader of the Liberal Democrats since 2020.

“Over the same period of time, you might have noticed Ed Davey has been very busy,” Sunak says. “Like me, you can probably see that he was trying to convince everybody that women clearly had penises. You’ll all know that I’m a big fan of everybody studying maths to 18, but it turns out that we need to focus on biology.”

A recent YouGov UK international online research data and analytics technology group poll conducted earlier this month found that 49 percent of British voters wanted Braverman sacked. 

PinkNewsUK reported calls for Sunak to fire Braverman have gotten louder over the course of last week, after she hit out at peaceful pro-Palestine protesters labeling their marches in London as “hate marches” and she also accused the Metropolitan Police of bias, which officers have said sparked far-right attacks on members of the force.

On issues over LGBTQ Britons, the former home secretary in October said that trans women should not be treated in female hospital wards. In an interview with Sky News, she said: “Trans women have no place in women’s wards or, indeed, any safe space relating to biological women.”

“The health secretary’s [Steve Barclay] absolutely right to clarify and make it clear that biological men should not have treatment in the same wards and in the same safe spaces as biological women,” she said. “This is about protecting women’s dignity, safety and privacy and that’s why I’m incredibly supportive.”

In September, in her speech to the American Enterprise Institute, a right wing think-tank in D.C., Braverman on the subject of political asylum remarked: “Where individuals are being persecuted, it is right that we offer sanctuary. But we will not be able to sustain an asylum system if, in effect, simply being gay or a woman, and fearful of discrimination in your country of origin, is sufficient to qualify for protection.” 

In an interview with PinkNewsUK after her speech in D.C., Sebastian Rocca, the founder and chief executive of LGBTQ asylum charity Micro Rainbow, believes Braverman is trying to scapegoat migrants.

“The comments made by the home secretary are deeply disturbing,” he said. “LGBTQI people often face death, imprisonment and violence. When they come to the UK to seek safety, they have to go through an asylum system that is re-traumatizing and dehumanizing. In addition, the standard of proof is very high.”

“The system, as it is, is incredibly difficult. These comments seek to scapegoats migrants and LGBTQI people for political gain once again,” he added.

A new dynamic in attitude towards the UK’s LGBTQ community?

In addition to sacking Braverman, the prime minster radically overhauled his team in the Cabinet reshuffle including adding former Prime Minister David Cameron as the new British foreign secretary.

James Cleverly, whose job Cameron took over, was named as home secretary. His positions on most LGBTQ issues is in line with the Tory Party generally, however PinkNewsUK noted that while Cleverly has never voted on same-sex marriage, he expressed his support for equality in a blog post first published in 2005 titled “I like marriage.”

“Gay ‘marriage’ takes nothing away from heterosexual marriage and while there will be some civil partnerships which are done for the wrong reasons the same can be said of straight marriage. Best of luck I say,” he wrote.

He has also expressed support for LGBTQ inclusive education and for LGBTQ people in the military, but he did face some criticism when he said gay football fans would have to be “respectful” when traveling to Qatar for the World Cup.

Overall the British LGBTQ publication reported, is that the new home secretary is “an obvious step up from Braverman.”

Cameron’s record on LGBTQ rights, especially while serving as prime minister, PinkNewsUK reported has been favorable. He voted in favor of civil partnerships in 2004 and in favor of the Equality Act in 2007, and later voted in favor of same-sex marriage.

Former Health Secretary Steve Barclay’s departure is a relief for some LGBTQ Brits, especially in light of his recent campaign against trans people in the British healthcare system. 

In a speech at the Conservative Party conference in October, Barclay spoke out about his plans to introduce “sex-specific” language throughout the health service when referring to treatments and advice for menopause and some types of cancer. In the same speech, he announced plans to ban trans people from single-sex wards.

However Barclay’s replacement has had a troubling record on transgender healthcare issues. In 2018, Atkins, who was then minister for women, was criticized when she called for “caution” before treating young trans people in an interview with the Telegraph.

“The treatments are so serious and life-changing. I’m a little cautious of the use of those treatments because of the potential for the rest of their lives,” she said.

The prime minster is also facing renewed calls and anger over the omission of announcing a ban on conversion therapy in the King’s Speech. The Equality and Human Rights Commission has been urging Sunak to uphold a pledge to enact a ban on the discredited practice.

The BBC reported that earlier this year the EHRC wrote to the government to urge them to include the legislation in the speech, which sets out the government’s priorities for the coming years.

A spokesperson for EHRC told the BBC: “We have long supported proposals to end these practices. Conversion practices, aimed at changing someone’s sexual orientation or personal understanding of their own gender, can be incredibly harmful to people with the protected characteristics of sexual orientation and gender reassignment.

We will continue to stand ready to provide expert advice and hope the government will uphold its commitment to ban harmful conversion practices.”

Its lack of inclusion in the King’s Speech is thought to be over disagreements within the Conservative Party the BBC noted regarding what form a ban should take, and concerns over how it could impact freedom of expression around issues such as gender identity, as well as any potential impact on religious freedoms.

Robbie de Santos, director of external affairs at Stonewall UK, told the BBC: “[The government] has given the green light for the abuse against LGBTQ+ people to continue unchecked. Rather than getting mired in a cynical cultural war, it should be making decisions based on what the evidence and expertise said.”

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