Claims council’s trans rights motion is ‘unlawful’

A motion passed by Bristol City Council to pledge a commitment to trans rights has been branded “unlawful” and a “sham” by critics.

The cross-party motion recognised trans rights as human rights and was passed with an overwhelming majority in July, with 40 voting in favour.

But some are urging councillors to rethink it over concerns it “undermines the legal rights of women and children”.

Former head of Bristol council legal services Stephen McNamara, Bad Policy Watch and Women’s Voices Matter claim the policy proposals – which include affirming that trans people are the gender identity they say they are and ensuring there are accessible gender-neutral toilets throughout the city – could be illegal.

Trans rights campaigners and anti-discrimination charities have welcomed the motion and subsequent draft policy as an important step in meeting the needs of trans people. Views are being sought on a draft policy, developed to provide clarity on how best to support trans people in Bristol.

Andrew Brown, who tabled the motion that pledged to protect, uphold and advocate for the rights of one of the most marginalised groups in Bristol, said during the meeting: “When we discuss trans rights, we are talking about how we treat fellow human beings – we are not engaging in an abstract debate.”

McNamara said: “This is the clearest example of an unlawful motion I have ever seen. It is in breach of the Equality Act because there was no Equality Impact Assessment, and the Human Rights Act because it prevents free speech by deterring any employee of the council questioning whether a trans woman has literally changed their sex.

“The consultation on the new policy is also unlawful as it does not explain what the consequences of the policy are. It is a sham.”

Concerns the motion is unlawful were raised when it was passed. At the time, Brown, a Lib Dem councillor for Hengrove & Whitchurch Park, reminded the chamber that the motion had been accepted by the council’s legal officer.

“I can’t agree that trans people should be regarded as some sort of third party or always regarded as the gender they were assigned at birth,” said Brown.

I think the adrenalin is wearing off now. My first (debated) motion – absolutely over the moon to move and respond to a cross- and non- party #TransRightsAreHumanRights motion in @BristolPride week.

Thanks to all who worked on it.

— Cllr Andrew Brown ??️‍??? (@andrewbrownld) July 5, 2022

Speaking about claims of the motion’s legality, Kaz Self, an engineer, said: “As a trans woman based in the city I welcome the motion as a sign that the city (via its democratically elected councillors) supports trans rights.

“I also welcome the consultation and hope it results in positive change for the significant number of trans and non-binary people that reside in the city. I condemn vexatious attempts to distort the consultation by inviting transphobic bigots to reply to it.

“This is a despicable tactic that I have seen before in other consultations, such as the one on SEVs.”

Alex Raikes, director of SARI said: “I welcome this consultation on protecting and meeting the needs of trans people in Bristol and hope it results in a strong policy that promotes understanding and challenges prejudice”.

A spokeswoman for Bad Policy Watch said proposals would have a “chilling effect”.

She added: “Workplace relationships will become strained and unmanageable.

“There will be confusion among members of the public and the rights of religious groups who have strict rules about men and women sharing spaces are being flagrantly ignored.”

At last night’s #Bristol Full Council meeting I spoke in opposition to a motion entitled “Trans Rights are Human Rights”. Although there was a lot in there that I agreed with, I could not support the blanket statement that “Trans man are men, trans women are women”

— Cllr Steve Smith (@SteveSmith98) July 6, 2022

Louise Somerville from Women’s Voices Matter said: “Bristol City Council passed a motion that has harmful and far reaching implications for women, children, schools, those who are disabled, lesbian and gay people, as well as members of faith communities.”

Bristol24/7 has approached Bristol City Council for comment. A formal response from them will be given at full council on October 18.

Main photo: Betty Woolerton

Read next:

• Bristol pledges commitment to trans rights
• Liz Truss defends mini-budget in grilling from Bristol presenter
• Pride, protest and remembrance as fight for trans rights continues 

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