Brianna Ghey

by

New Year’s Resolution: Smash the new Section 28

This post is about the Department for Education’s December 2023 draft guidance on “Gender Questioning Children”. Advice on how you can take action can be found at the end. You can download a printable zine here.

The post was updated on 23 February 2024 to add information on the Further Education Residential Standards Consultation and the murder of trans student Nex Benedict in a school toilet.

Like many other young people, my first experience of sexual assault was in school.

I stood in the lunch queue at my school’s canteen, a boy my age behind me. Unexpectedly, he began to tenderly caress my back and my bum. Feeling extremely uncomfortable and vulnerable, I turned to confront him. He leered, laughed, then accusingly asked, “you gay?”

Sketch of an imposing school building

Like many queer students during the 1990s and 2000s, I was bullied viciously throughout my time in school. I was teased incessantly, beaten up, and on one occasion knocked unconscious in front of my entire year group. Later, since I started living as a girl, I’ve been groped by men many times in clubs and pubs. Yet that specific moment of abuse sticks with me especially.

So much can be said about it. I was a heavily closeted trans girl attending an all-boy’s comprehensive, and yet to admit I was also bisexual. I wonder of course about the sexuality of my harasser, who may have found bullying the only “safe” way to experiment with his own desires. But most important is the context of the wider school environment. Homophobia and ignorance about sexuality and gender was the norm; one that was not simply enacted between children, but also deeply rooted in policy and law.

Nothing was ever done about this sexual assault – in part because I didn’t for a moment consider telling anyone.

I attended school at the time of Section 28, a notorious anti-gay law enacted across Britain by Margaret Thatcher’s Conservative government. Section 28 was named for a clause in the Local Government Act 1988, in which local authorities (responsible for the management of state schools) were prohibited from “promoting homosexuality by teaching or by publishing material”, or promoting the “acceptability of homosexuality as a pretended family relationship”. It was introduced following a major moral panic in the media over homosexuality in the wake of the HIV/AIDS epidemic, plus the publication of a handful of short books and leaflets with advice on teaching young people about the existence of gay and lesbian families or historical figures. 

Section 28 would remain in force for over a decade. It was eventually repealed by the first Scottish Parliament in 2000, and in England and Wales by Tony Blair’s second Labour government in 2003, although its effects would linger for years to come. In addition to directly barring local authorities from introducing affirmative teaching material about lesbian, gay, and bi lives, Section 28 had the wider impact of stifling any real discussion around sexuality or gender difference. Teachers were afraid to talk about the issue, and books were banned from schools and libraries. Meanwhile, “gay” was the ultimate insult in the playground, a go-to word for any person, action, or object that was undesirable or bad.

Section 28 did not have anything specific to say about acknowledging that lesbian, gay, or bi people exist, or about homophobic bullying in school, let alone about trans or intersex matters. It didn’t need to. The vague prohibitions of the law, along with a more general culture of ignorance, silence, and fear promoted by politicians and journalists, meant that many people were uncertain where the boundaries of legality lay. Instead, there was a widespread feeling that you simply couldn’t talk about it.

The impact on entire generations of young lesbian, gay, bi, trans, intersex, and queer (LGBTIQ+) people was horrific. Many of my peers talk about the traumatic impact of growing up during this time, of struggling to come to terms with their desires and experiences, of failing to receive protection from adult authority figures or being abused directly by them. You can read more about this in accounts such as in Kestral Gaian’s book Twenty-Eight.

The worst thing for me about growing up under Section 28 was the utter lack of information. When it came to my sexuality and trans experience, I didn’t even know what I didn’t know. I had no easy way into understanding my own feelings and changing body, let alone the quiet but immense impact of a law I’d never heard of. I wrote a diary across several years chronicling my self-hatred and feelings of being ill, broken, wrong, a freak. I was extremely unusual in coming out as a girl during my teen years, in part because I had the luck to stumble across supportive US-based internet communities when I was 15, circa 2002. I wonder what information and support my harasser in the lunch queue ever had available to him. 

The first adult I came out to outside of the internet was our Religious Education teacher, Mrs Richards. In retrospect, she was clearly a rebel, with a deep sense of Christian conviction about social justice which meant she was prepared to risk her job to do the right thing. At the time, I was vaguely aware she had been in trouble with the headteacher for telling a sex education class that, statistically speaking, at least some of us were gay and we needed to be okay with that. I told her that I wanted to be a girl, and asked where I could find help.

Mrs Richards did the best she could for me at the time – she sent me somewhere safer. She said she couldn’t speak with me, but recommended a free counselling service in town. This provided the first supportive, affirmative space in which I could explore my gender in person, laying the groundwork for my eventual transition. At the same time, I regret that even the most rebellious teacher in my school didn’t feel she could even safely listen to or reassure me in an extremely vulnerable moment.

sketch of several condoms, a bunch of bananas, and a condom on a banana

After Section 28

Following the repeal of Section 28, many teachers remained unsure about what the law said and whether they were allowed to discuss LGBTIQ+ issues in the classroom. Nevertheless, there has been a gradual shift towards the explicit acknowledgement and inclusion of queer lives in curricula and pastoral support structures. In 2005, Schools Out launched the first LGBT History Month resources for schools. In my mid-20s, now a proudly out trans activist, I attended an event in Coventry about moving on from the legacy of Section 28. It was supported by the city council and attended by many teachers. A few years later, attempts to reintroduce Section 28-style policies at some academy schools were explicitly condemned by the Department for Education. The world was changing.

Meanwhile, LGBTIQ+ adults and young people were more visible in society than ever before. We were increasingly present on TV, in movies, and in the charts. The emergence of social media meant we began to find one another and create our own content on Myspace… then Facebook, Youtube Tumblr, Twitter, Twitch, and Tiktok. It became more normal to have an LGBTIQ+ friend, colleague, sibling, child, uncle, or parent. This created a virtuous cycle: the more we were out and visible in society, the easier it was to come out. There are now more openly lesbian, gay, bi, and trans young people in the UK than ever before. I hear about this a lot from friends who teach in secondary schools. Queer kids are increasingly just a normal part of school life. For those who need more support – often young trans people – there are often clubs or groups facilitated by teachers: something that would have been almost impossible under Section 28. 

The new moral panic

Social progress is never linear nor guaranteed. We must therefore always be prepared to defend the gains we have made.

Since 2017, the UK has been gripped by a wide-ranging moral panic over trans people’s existence, as part of a wider backlash to social progress which has also affected groups including migrants, racalised minorities, and LGBTIQ+ people more widely. One element of this has specifically targeted educational, pastoral, and media support for young trans and gender non-conforming people. Prominent anti-trans campaigners have sought to raise fears over the growing number of out and proud young trans people, portraying trans experiences as a “social contagion” among children and adolescents, arguing that this should be addressed through the “elimination of transgenderism” or otherwise “reducing or keeping down the number of people who transition”.

The violence of this language is reflected in the violence that too many young trans people continue to face from other children and adolescents, as well as the adults who are supposed to help them. But anti-trans campaigners continue to position young trans people themselves as the problem. 2020, Liz Truss (then Women and Equalities Minister) stated that trans people aged under 18 should be “protected” from “decisions they could make“, raising fears of a new Section 28.

That new Section 28 is now here, in the form of draft non-statutory guidance on “Gender Questioning Children” for schools in England, produced by the Department for Education at the behest of the UK’s Conservative government. This document, which is currently under consultation, threatens to significantly undermine the ability of young people to safely be themselves. And just like Section 28, while the draft guidance specifically targets one group, it threatens to cause harm far more widely.

What does the Department of Education guidance say about “Gender Questioning Children”?

I will not be providing a detailed breakdown of everything the guidance states – for this, I recommend alternative analyses such as Robin Moira White’s excellent commentary for TransLucent. However, key elements include the following:

  • Trans students are presented as an implicit danger to themselves and others. Schools are told to “safeguard” against young people coming out or transitioning, and the impact of this on other students.
  • Schools are told to out trans students both to their parents and to the “school community”. The guidance prioritises informing others over young people’s own right to safety, confidentiality, or self-determination.
  • Schools are encouraged to intentionally misgender students. Secondary schools are advised to consult parents and “only agree to a change of pronouns if they are confident that the benefit to the individual child outweighs the impact on the school community”. Primary schools are told that “children should not have different pronouns to their sex-based pronouns used about them”.
  • Schools are told to ban trans girls from girls’ toilets and changing rooms, and ban trans boys from boys’ toilets and changing rooms. The guidance advises that toilets access should be based on “biological sex”, with the possibility of an “alternative changing or washing facility” for individual students given special dispensation.
  • School uniforms should be worn according to “biological sex”: that is, trans girls are expected to wear boys’ uniforms, trans boys are expected to wear girls’ uniforms, and non-binary people are expected not to exist.
  • For sports, schools are told to “adopt clear rules which mandate separate-sex participation” where “physical differences between the sexes threatens the safety of children”.
  • The guidance entirely ignores legal protections for young trans people,most notably through excluding any discussion of “gender reassignment”, the category under which people who socially and/or medically transition are protected in the Equality Act 2010.
  • The guidance does not actually use the word “trans” once (let alone non-binary). The very language we use to describe our own lives is excluded from the document. Instead it refers to children being “gender questioning”, “gender distressed or confused”, experiencing “gender incongruence”, or “gender dysphoria”, or undergoing “social transition”, implying that this occurs as the result of a contested “ideology” or “belief.

In short, the proposed guidance aims to position young trans, questioning, and otherwise gender non-conforming people as a problem. If implemented, it would make it extremely difficult – if not impossible – for young people to be themselves in school, to trust teachers, or to seek support if they are subject to transphobic bullying from peers. As Gendered Intelligence observe, “What strikes us most about this guidance is the tone of cruelty and contempt towards children and educators throughout.”

sketch of placards, reading Fight Section 28, Glasgow Lesbian Avengers: we object!, and Don't Fuel Hate Scrap 28

How dangerous is the Department for Education guidance?

In this post, I invoke the legacy of Section 28 very deliberately. The new proposed guidance on “Gender Questioning Children” is of course a very different document, produced in a different time, with a different response from civil society. However, I feel that understanding the guidance’s similarities to Section 28 is useful for analysing why it is so harmful, and understanding its differences can help us to map routes to resistance.

Like Section 28, the draft guidance is most dangerous in its vagueness. It does map out numerous ways to directly abuse young trans people, for example, through intentional misgendering and seeking to block social transition. However, it is the more general refusal to engage with the humanity and agency of young trans people – for example, through failing to even use the word “trans” once – which is most chilling.

While young trans people are of course the main target of the guidance on “gender questioning children”, the impact promises to be wider. As my own story shows, while Section 28 only explicitly targeted “homosexuality”, teachers or bullies didn’t tend to draw any distinction between gay, bi, queer, or trans experiences. Indeed, the atmosphere of ignorance and uncertainty made it difficult to event come to term with those differences. Many of us who went to school at that time struggled to come out because we had very little context for understanding ourselves. At my school, like many, boys were punished for painting their nails or growing hair past their neck. Similarly, the new guidance threatens to make life more difficult for any gender-nonconforming young person, regardless of whether they identify as trans. The point is to shore up and reinforce traditional understandings of sex and gender, in line with hardline conservative ideologies. Teachers, administrators, governors, and academy sponsors who actively wish to reinforce gender roles and make queer people’s lives more difficult will gain a powerful tool to legitimise sexist and homophobic policies, as well as transphobia.

However, homophobic bullying and ignorance also prospered under Section 28 because teachers were unsure about the limitations of the law and afraid to overstep. The new guidance’s insistence on entrenched biological essentialism could make even sympathetic teachers feel afraid to acknowledge queer and trans lives in their teaching, or otherwise put them under pressure from headteachers and governors. The whole point is to make LGBTIQ+ and especially trans students an impossibility: to enable incomprehension, to make them feel unwelcome, to “reduce” them in number, to make them disappear.

Where young queer and gender non-conforming people refuse to comply with this imperative to disappear – through coming out, through transition, through stubborn persistence – the guidance aims to make their lives immensely more difficult. They are to be outed to their peers, to their parents, to their peers’ parents. They are to be banned from wearing clothes associated with the “other sex”, barred from toilets and changing rooms, discouraged from using their own name and pronouns.

If enacted, this intentional targeting of trans and gender non-conforming lives and wellbeing will send an important message: it’s open season on the queers. As with Section 28, the guidance risks empowering bullies through fostering an atmosphere of institutionalised disrespect. The guidance states that “bullying of any child must not be tolerated”, but that statement feels pretty meaningless when the same document encourages schools to identify some children as different to their peers, and refuse their self-expression.

Normalising transphobia is extremely dangerous. We can see this, for example, in the murder of Brianna Ghey, a 16 year old trans girl who was stabbed to death in 2023 by two of her peers from school. Like many transphobic killings, her murder was extremely brutal. Prior to her death, the murderers shared numerous graphically violent messages about Brianna, using transmisogynist slurs and referring to her as “it”. This language and dehumanisation directly reflects discourses in society promoted online and in the press by gender-critical activists, journalists, and politicians from every major party. Brianna’s killers may have held the knife, but others with more power have repeatedly called for the “elimination of transgenderism”, and continue to do so. 

Edit: 23/02/24 –

Two recent events have further highlighted just how dangerous the Department for Education “Guidance for Schools and Colleges: Gender Questioning Children” really is.

Firstly, the Department for Education has quietly introduced a second consultation. This consultation is on a proposed change to the actual law for Further Education colleges providing residential accommodation for students aged under 18. The law currently states that sleeping accommodation should “provide appropriate privacy for all students”. The Government is proposing to replace this with a clause requiring that “gender questioning students” either be segregated and made to sleep in a room on their own, or otherwise forced to share a space with students assigned the same sex at birth, as “different legal sexes should not be sharing sleeping accommodation”. This intervention shows how the main guidance is just one part of a wider attempt to undermine young trans people’s dignity and safety.

Secondly, just days ago Nex Benedict, a trans student in the US state of Oklahoma, was murdered by cis girls in the school toilets. Nex and another trans student were violently assaulted just months after their home state introduced a law requiring all students to only use toilets that match the sex listed on their birth certificate. This horrific killing reflects what researchers have been telling us for years: trans and gender non-conforming people of all genders are most at risk of violence in gendered spaces, and enforcing strict rules only exacerbates these risks.

The good news

It is difficult to feel positive in the current moment. After years of anti-trans campaigning and threats, the Conservative party is acting to intentionally make life harder for young trans people, in a move that has far wider implications for student safety as well as queer and feminist initiatives in schools. The Department for Education’s proposed school guidance is not simply being championed by the Conservative government – its publication has been “welcomed” by the Labour party, and supported by liberal media outlets such as the Observer as well as the Tory press.

However, the legacy of Section 28 is once again useful for understanding what is happening here. The Conservatives are once again showing us who they really are – this is not new. The Labour leadership were just as useless in responding to the original Section 28, and the UK Labour government was in power for six years (most of my time in secondary school!) before they bothered to repeal the law in England and Wales. The liberal media was somewhat more opposed to Section 28 in the 1980s than they appear to be now, but ultimately it was neither journalists or politicians who created the pressure for repeal. It was LGBTIQ+ campaigners and our allies: especially young people from groups such as Queer Youth Network who worked ceaselessly to change the conversation and create a better environment in schools and beyond.

Moreover, there are two major differences between 1988 and 2024 which are important to highlight.

Firstly, the legal situation is radically different. Section 28 was written into law, and applied across Britain. By contrast, the new guidance is “non-statutory”, and applies only to England. This means that schools are not legally obliged to follow it, especially in elsewhere in the UK. The government’s proposals can therefore be ignored. In fact, ignoring the guidance might even be the wisest option even for transphobes, given that the government’s own lawyers have warned that those who follow it risk breaking the law, as the recommendations appear to directly contradict both the Equality Act and elements of safeguarding legislation. Moreover, the guidance is yet to be published in its final form, as it is under consultation until 12th March – meaning that you can tell the government exactly what you think about it. Edit: 23/02/24 – however, since this post was written the government is now also seeking to change the law through the FE Residential Standards Consultation.

Secondly, there appears to be way more support for trans and gender nonconforming young people now than there was for young gay people in the 1980s, perhaps especially among teachers. The world has changed. For example, I learned about the government lawyers’ warnings from Schools Week. The very day the draft guidance was published, their main headline was Trans guidance: DfE lawyers said schools face ‘high risk’ of being sued. Individual teachers are speaking out across social media to voice their disgust and opposition to the proposals, and teaching unions have also expressed their concerns. Furthermore, headteachers such as Kevin Sexton from Chesterfield High School in Liverpool are going public with their opposition, noting that inclusive policies that centre actual safeguarding for young trans people have been working perfectly well for years. The school has no intention of scrapping its gender-neutral uniforms, mixed-gender sports, or all-gender toilets it provides to young people who need them.

As such, we are in a strong position to fight back against the new Section 28.

sketch of a table with an old-fashioned telephone, piece of paper, and pen on it

How you can take action

The original Section 28 was defeated because countless ordinary people took action. That can be the case again. Of course, some people are better placed than others to fight this particular threat to young people (for example, if you work in education in England). However, there will be things you can do regardless of who you are, how old you are, and where you live.

If possible, act with others, rather than alone. We are always more powerful together.

IDEA 1: Resist the new Section 28 in schools

If you are currently a student, a teacher, a parent or carer, a school administrator, a governor, or even working for an educational company or charity (e.g. in teacher recruitment) you are particularly well-placed to fight back against the new Section 28.

We can see inspiring examples of this in current protests by students and teachers in the US state of Florida, where the government has introduced a slew of anti-LGBTIQ+ laws, including a trans sports ban and a Section-28 style “don’t say gay” law. Kayla Kumari Upadhyaya wrote in Autostraddle about the power of student-staff solidarity in one Florida school:

I know a high school walk out sounds like a small thing, but this is huge. It shows a two-fold approach to resistance happening in the state: First, the administrators and staff members who flouted the ban in the first place showed it’s totally an option to just…not enforce transphobic regulations. If more Florida school staff were willing to do this, it would make the ban difficult and maybe even impossible to reinforce. Second, the students showed their solidarity and support not just for this one trans athlete but all trans athletes, holding signs and chanting affirmations of support for trans lives everywhere and questioning the ban. It’s further evidence that the Florida legislation does not adequately represent the Florida people.

Here are some ideas for English and Welsh schools:

  • Non-compliance. As Upadhyaya observes, transphobic laws and guidance rely on people enforcing them. Headteachers, administrators, governors, and academy sponsors are of course in the best position to reject the new guidance should it be formally introduced following the government consultation. We can see this in the example of Chesterfield High School in Liverpool. But students and teachers can also take action, as can parents (regardless of whether or not your own child is trans). Anti-trans campaigners will be putting pressure on schools to enforce the new guidance, so every person who puts pressure on them to not do so will be important.
  • Implementing alternative guidance. Robin Moira White notes that examples of good practice already exist for supporting trans students in schools and colleges. These include the Scottish government’s guidance on Supporting Transgender Pupils in Schools and Brighton & Hove City Council’s Trans Inclusion Schools Toolkit, both published in 2021.  

Actions include:

  • Refuse to implement the UK government’s guidance on “Gender Questioning Children” if you are in a place to do so, and instead follow the advice of e.g. the Brighton & Hove guidance.
  • Write to the headteacher, Board of Governors, and/or academy sponsor, or ask for a meeting. Tell them that the school should ignore the UK government’s guidance and implement a better alternative. Highlight the danger posed to young people by the UK government’s proposed guidance, and the potential legal challenges the school may encounter if it follows that guidance.
  • Hold a meeting of your own with other students, parents, teachers, and/or administrators. Discuss how you might work together for non-compliance and/or introducing or defending a better alternative.

IDEA 2: Pile on the political pressure

You don’t need to work or study in a school to make a difference. Countless other organisations are in a position to make a difference, and you can put pressure on them to do so. People living throughout the UK are potentially in a good position to do this.

Actions include:

  • Write to your MP or councillor, or phone them up, or ask to meet them in person. Demand they put pressure on their party to actively oppose the UK government’s proposed guidance on “Gender Questioning Children”. This is particularly important for Labour representatives, as their party is likely to win the UK’s next general election.
  • Write to your union and ask them to take a strong stance on opposing the proposed guidance, for example through public statements and/or taking part in the consultation.
  • Write to local and national newspapers. Change the conversation by explaining why you think the government’s proposals pose a danger to the safe of young people.
  • Ban the Conservative and Labour parties from Pride. In this post-Section 28 age, politicians love to use events such as Pride to boost their public image. If you’re not already involved in your local Pride, consider getting involved, or hold a counter-protest within the parade to ensure that transphobic politicians feel unwelcome.
  • Stop giving money to transphobic media. Publishers such as the Guardian Media Group are always shilling for cash, claiming their journalism offers an important beacon of truth in a complex world. That’s not true if they’re constantly pushing hate. If a publication is publishing transphobia, don’t buy paper copies, don’t donate, don’t give them quotes or press releases, and at the very least install an ad block on your browser if you must keep reading.

IDEA 3: Take part in the consultation

I am less certain about this proposal than the others, but it is an obvious one to include. The UK government is holding a formal consultation on their proposed guidance for “Gender Questioning Children” in schools. Anyone can participate, and tell them what you think.

You can take part in the consultation here.

The upside of this is that it is an opportunity for us to speak back directly to the UK government and Department of Education. The downside is that there is a good chance we will be ignored. The past decade has seen more consultations on trans civil rights and healthcare than ever before – and overall, things have got a lot, lot worse. For example, a majority of respondents to the consultation on the Gender Recognition Act from both the UK and Scottish government supported reforms; those reforms are now thoroughly dead, at least for the time being. Trans communities have poured an enormous amount of time and energy into responding to malicious consultations when we could have been doing far more constructive things with our time.

However, in her post for TransLucent, Robin Moira White makes an important point. With the consultation closing on 12th March, the civil service may have little time to assess responses before a new general election is held. She therefore proposes that respondents request that the existing draft be “torn up and thrown away”, and new draft guidance be introduced, based on the Scottish and Brighton examples. If enough people and organisations argue for this, then it might put sufficient pressure on a new Labour government to do a better job.

A related approach was proposed by Edinburgh Action for Trans Health in response to an NHS consultation in 2017. They recommended “hostile participation in the form of direct submissions of demands that don’t react to the questions posed or restrict themselves to the scope imposed by the government”.

Actions therefore include:

  • Take part in the consultation yourself, demanding the government scrap the proposed guidance and introduce something better.
  • Encourage any relevant organisation you are part of to participate in the consultation (e.g. children’s and/or LGBTIQ+ charity, school, educational body, Pride organisation, university department) and ask for the same thing.

I won’t be producing any advice myself this time – instead, I hope this post will help people in thinking about wider routes to resistance. Edit 23/02/24 – However, the following guides have been produced by various organisations:

If you’re responding to consultations, don’t forget to also respond to the Department for Education’s deeply transphobic proposals regarding Further Education Residential Standards. This consultation closes 5 April 2024 so you have longer to respond.

IDEA 4: Support trans youth groups

Regardless of how things play out with the proposed guidance, young trans people are still having a hard time in schools.

There are a small handful of national bodies which support young trans people through advocacy and peer support: e.g. Gendered Intelligence, Colours Youth Network, and Mermaids operate across England. Perhaps more importantly, a lot of small, local youth groups exist specifically for queer and/or trans young people across the country. This was an unthinkable possibility when Mrs Richardson referred me to a local counselling service, so we really need to value and uplift these groups.

Actions include:

  • Find out what youth groups exist locally where you are, and how you can best support them. Some groups will benefit from publicity in the local area; others will want to keep a low profile given the current atmosphere of transphobic backlash. Many will benefit from volunteers – not just to work directly with young people, but also to do jobs such as fundraising, running social media, or designing websites. 
  • Donate money. Pretty much every trans-oriented organisation will benefit from donations, especially those working with young people. If you can afford it, consider setting up a standing donation.
  • Fundraise. If you can’t afford to donate, or want to do something more, you can do other things to raise money for trans youth organisations. Examples include: putting together a small gig, an art gallery, or a bake sale, or doing a sponsored activity.

IDEA 5: Plan a creative protest

Back in 1988, after the Conservative party introduced Section 28 and most Labour politicians refused oppose it, it would have been easy to despair. Instead, some extremely audacious actions took place in opposition to the law. Just after the House of Lords voted for the new law, members of the Lesbian Avengers abseiled into the debating chamber to protest it.

A few months later, another group of lesbian activists invaded a BBC studio during the Six O’Clock News, shouting “stop Section 28!”

While neither of these protests succeeded in blocking Section 28, they highlighted queer opposition to the new law, and inspired entire generations of new activists to fight back.

Actions include:

  • Get creative. Find or create a group of like-minded individuals and think about how you can protest against transphobia. Consider how your action might best attract attention to the cause or put pressure on a group or organisation to change their position on the government’s proposed guidance. Think also about how you will keep yourselves and others safe.

There are no doubt a whole host of actions and interventions I haven’t thought of. We are never powerless, even in the face of entrenched fear and hatred.

—

So now it’s your turn: how will you resolve to smash the new Section 28?

by

Trans joy in hateful times

“We’re living in the future!”

I bounced up to an old friend to share this important insight. All around, queer bodies danced and swayed to furiously enthusiastic music. We have always sought refuge in one another, in our in our art, in utopic dancefloors and community care. But something felt different.

The collective energy of the crowd was wild, strong, cohesive. The entire room was dancing – and among us, so so many out, happy trans women and transfeminine people. On stage, a non-binary person sang explicitly about their experiences of gender to an assertive ska beat. It was a joyful moment – but the true wonder of it for me was that it was far from unique.

This was the last in a string of winter tour dates for my band wormboys, at the brilliant Queer As Punk event in Edinburgh. But I’d experienced similar in Dundee, in Glasgow, in Newcastle, in Hull, in Leeds. At every gig, trans women and non-binary people were scattered throughout the audience; at most, there were also several of us on stage through the night. It’s a world of difference from when I encountered just the occasional trans man playing gigs in the mid-2010s; let alone from when wrote a blog post titled Trans/queer rock music back in 2010, in which I desperately sought validation in questionable gender-bending tunes written by (largely) cis musicians.

While trans women (and trans people more broadly) have always been involved in DIY music, there’s a clear change taking place. We have taken our inheritance and run with it. There are more of us making our own art, telling our own stories, and celebrating one another more than ever before. We are more visible, we are more assertive, we are more respected within our scenes, and – collectively – we are having more fun.

Photo of three people from a band, rocking out in front of an audience in a darkened room
wormboys play Queer As Punk. Photo by Blanka Bandi.

—

The very night we enacted a better future on that dancefloor in Edinburgh, 16 year-old trans girl Brianna Ghey was stabbed to death in Warrington. Two other teenagers, a girl and a boy, have been charged with her murder.

For trans people across the UK – especially trans women and girls – this lethal attack was not unexpected. It feels like the culmination of a vicious hate campaign that permeates our media and politics. It’s also the tip of a vast iceberg of intentional violence and untimely death.

Suicide is endemic among trans youth driven to despair by the socially-sanctioned antagonism directed at them every hour of every day. I am tired of citing statistics. I have lost so many of my friends and peers. Words and numbers are insufficient for the raw anguish of my grief.

This is only compounded by the failures of bystanders who refuse to intervene, schools and employers who try to make us disappear, a National Health Service that inflicts harm upon us. England’s only child and adolescent gender clinic is due to close in a matter of weeks, with nothing ready to replace it. In an extraordinary open letter, the majority of clinical, research, and administrative staff at the clinic note an “increase in deaths related to the service” since the suspension of endocrine treatments in 2020.

Many of my friends have been threated or assaulted in broad daylight. One, for instance, had rocks thrown at her. Another was assaulted in front of the school gates. Another was raped by boys in the school playground. I frequently struggle with feelings of survivor’s guilt, having merely been publicly assaulted, stalked, harassed, and subject to threats of legal action and murder. Relatively minor matters, in the scheme of things.

Photograph of a large crowd in a narrow street in London, with occasional placards and a trans flag.
Vigil for Brianna Ghey outside the Department of Education, London. Photo by David Griffiths.

—

How to understand joy in the face of so much hate and despair?

This is a question I struggled with throughout our tour. The night before Brianna’s murder, 400 people rioted in Knowsley outside a hotel that houses asylum seekers, spurred on by the fascist group Patriotic Alternative. This horrific event, too, did not occur in a vacuum. Racist and anti-migrant sentiment has similarly been stirred up by cynical politicians and journalists, as asylum seekers, economic migrants, British Black and Asian people, Gypsies and Travellers are repeatedly failed or directly targeted by our authorities and institutions. Patriotic Alternative have also repeatedly targeted LGBTIQ+ communities, through their campaign against Drag Queen Story Hour.

The Sunday prior, a large rally was held in Glasgow by anti-trans group “Let Women Speak”, who have a long history of collaboration with white supremacists and antisemites. This event, supposedly organised in support of “women’s rights”, featured numerous flags in the suffragette colours of green, white, and purple, alongside massive black banners emblazoned with the slogan: “Woman (noun): Adult Human Female”. It was attended by Holocaust deniers, anti-migrant, and anti-abortion campaigners, and was described by supporters as an “undisputed Aryan victory”.

I could say so much more: about assaults on disabled people’s rights and livelihoods, about the demonisation of the poor, about attacks on pay, pensions, and the unions that attempt to defend them (I am writing this post while on strike). About how fascist violence is excused by sexist men in the name of “defending women and girls”. About how oppressed groups are played off against one another, while the effects of all this hateful discourse and action are felt most keenly at the intersection of multiple forms of persecution, such as by migrant trans women of colour.

Ultimately though, my point is this: what we are seeing is both a consequence of historic prejudices in our society, and of rising fascism.

Minority groups, women, migrants, and working class people in the UK have always faced a shared struggle against systemic discrimination and violence. Following a period of mild reform in the 1990s and 2000s, we are now experiencing a significant upswing in bold, blatant hate speech and violence,  effectively condoned by every major political party and the majority of mainstream media publications.

This is the context of trans joy in the 2020s – and the reason why that joy is so necessary and vital.

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Our tour reminded me that art is resistance, and resistance is collective. In recent days I have felt myself marinading in my own fear, a recipe for passive inaction. If we cannot experience joy, we cannot dream; if we cannot dream, we cannot hope; if we cannot hope, we cannot fight back. In the face of a world that wants so many of us dead, it is vital that we create reasons to live, and to thrive.

In Leeds, wormboys played to a rammed room in Wharf Chambers, a triumphant hometown crowd. We invited the brilliant Punjabi-Celtic-indie fusion trio Kinaara and gorgeous queer folk duo Serin to support us, building new friendships and cementing old ones. In Hull we debuted at the New Adelphi, where now-legendary acts such as Lizzo, Manic Street Preachers, Pulp, Skunk Anansie, and PJ Harvey played before they were famous. We shared the stage with Sandbox Mode – a solo hip-hop artist making deeply honest and funny songs about mundanity and despair – and Baby Flowers, an exciting young grunge group playing their second ever gig. This was the least well-attended, most male-dominated, and least obviously queer gig on our tour. And yet: the mood was vibrant, I noted at least one other trans woman in the audience, and Baby Flowers’ bassist was showing off a well-placed trans rights sticker.

In Newcastle, we found ourselves in the Little Buildings, a venue which has miraculously survived Covid-19 despite being founded just the pandemic began. The event was hosted by new dance party Queer Love. We played alongside the incredible hardcore group Disciplinary with their two bass guitars, and also the feminist dance-punk phenomenon of Fashion Tips. The whole night was amazing, but Fashion Tips were particularly exciting for me. Frontwoman (and Queer Love organiser) Esmé Louise Newman has a long history of involvement in groundbreaking queer feminist punk, metal and no-wave groups, including Penance Stare and Etai Keshiki. The new band were just as brilliant, with aggressive guitars and vocals underpinned by a powerful rhythm section, heralding a new era of revolutionary dancefloor divination.

Next to Glasgow, where I organised a well-attended gig at The 13th Note in less than a week, after our original promoter pulled out at the last minute. We booked the astoundingly powerful riot grrrl group Brat Coven to play with us, along with HAVR, purveyors of gorgeous post-punk soundscapes. The latter band are fronted by Carrie Marshall, author of Carrie Kills A Man, who noted to cheers that she was a different gender the last time she played the venue. This was an event with plenty of trans women present, beaten only by brilliant gig in the same venue the very next night, which I went to see my soulful dyke folk pal Pictureskew play inbetween our own shows. That event might well be the first of its kind I’ve been to where there were at least as many trans women in attendance as anyone else. It was beautiful.

Then to Dundee, where Rad Apples and Make That A Take put anarchist theory into practice by actively working to provide a safer punk venue and events for women, queer people, and migrants, through simultaneously building a welcoming space and promoting a zero-tolerance attitude towards discrimination and abuse. There I had two totally new life experiences. First, I witnessed somebody crowdsurfing in a shopping trolley during a storming set from banjo punks Alldeepends. Then, we were subject to the well-organised chaos of the “crowd surfing machine” by jubilant anarcho-folk headliners Boom Boom Racoon (a variant on the sat-on-the-floor rowing boat dance associated with songs such as “Oops Upside Your Head” and “Rock The Boat”, but with audience members encouraged to take turns in crowdsurfing along the boat).

Through the tour, I’d been carrying a trans flag to drape over my bass amp, and have often said something about trans liberation from stage inbetween songs. wormboys are a political band, but not in the same way as more in-your-face punk groups I’ve previously fronted. I’ve reveled in the ability to just be a musician and make that – rather than my status as a trans woman – the focal point of my involvement, leaving most of the talking to dual vocalists duo Sop and Harry. In the current political environment, that has increasingly felt untenable. It seems important to speak out, make myself visible, be obviously a trans woman making music.

But at Rad Apples I didn’t need to. There was already a trans flag up. There were plenty of other trans people there. There were placards in the bar opposing Section 35. I could just be.

—

And so to Edinburgh, where I found myself living in the future during a joyous set from opening act Bufandas. A future in which we experience the true paradox of trans visibility, in that we are both uniquely vulnerable, and uniquely strong. No longer hiding in the shadows, we are easier targets for those who hate us, but also have so much more potential to build power together.

Brianna Ghey’s killers may be convicted and jailed, but that will do nothing to stop the violence we face across these islands, and across the wider world. We have learned that we cannot trust the police to save us, or the courts, or politicians, or journalists, or managers, or human resources departments. But we don’t need any of these people or organisations. We owe it to Brianna to continue the grassroots work she did to improve other people’s lives, because another world is possible.

The headliners at Queer as Punk in Edinburgh were the fiercely feminist disco punk group The Red Stains. Their set included several explicit statements of support for trans people and especially trans women and girls, reflecting the attitude of most women active within actual feminist movements. This was an important reminder that anti-trans movements do not speak for all women, and never will.

My experience of sharing a stage with so many amazing musicians, from so many backgrounds, featured many such reminders. I was reminded of the sheer depth and range of human creativity. I was reminded of how much we can be inspired by our differences as well as shared experience. I was reminded of how far we have come, as well as how far we have to go. 

There are so many of us. Today, we mourn. Tomorrow, we fight. Soon, we will win.