Are the police institutionally transphobic?

After the violent arrest of a trans woman in Soho, Jane Fae looks at the police's interactions with the trans community.

It is tempting – exceedingly so – to read this week’s sorry tale of apparently awful treatment of a trans individual as evidence of something larger:  institutional transphobia, f’rinstance. 

Tempting, but most likely wrong. In two respects.

First off, the police, mostly, are nowhere near as bad as this incident suggests. As for the badness that does happen being down to “institutional” transphobia? No: while experience suggests that pockets – sometimes quite large ones – of transphobic behaviour still exist, the problems, mostly, do not stem from the top, or from the institutions of policing.

Though police culture is another matter entirely.

Let’s start with the police’s alleged failings. One cannot, as I do, write for any length of time about the trans community without encountering tales of awfulness: from basic disrespect of individual identity, through to misgendering, verbal abuse and, rarely, actual physical attack.

It’s a tip of the iceberg thing, and hard to expose through the layer of justified cynicism and fear that afflicts the community. Why complain, when complaining won’t change anything – and may have unforeseen repercussions for you later on? Trans folk may sometimes appear a little paranoid, but, as the old saw has it, just because you are paranoid doesn’t mean the world isn’t out to get you!

This may get the “political correctness gone mad” brigade reaching for their gold-nibbed angry pens, but: it's not easy being trans.  There’s the fight to be recognised, fight for medical support, fight, sometimes, for the simple right to walk down the street without abuse.  Along the way you may have lost job, partner, home.

No: this is not oppression Olympics. Rather, it is recognition that trans folk, alongside other minorities, have good reason to be touchy about things, a sense that translates a simple street stop into an inevitable “is it because I is trans?”

Many police officers get this. Just as they get that there are cultural issues in dealing with different ethnic groups; or even that a large burly male officer questioning a woman about domestic violence MAY not always be a good call.

They get that approaching a trans woman and starting the conversation with “Sir?” is a sure fire way to get a rude answer, or no answer at all.  Against those who argue that the police can’t be tiptoeing around every sensibility they might possibly encounter on the street, I’d suggest the opposite: they are paid to interact with the public – not to dominate them.  Yet far too many police officers still seem to think their job is the latter.

That’s a bad start to any encounter – in non-trans speak, imagine an officer hailing a West Indian with a cheery “hey, darkie!” – likely to lead to a bad end. Its not a good attitude to have: although, absent evidence to the contrary, I’d suggest it is an all-purpose bad attitude, mostly not directed at any one group. Though I am sure some officers do have particular issues about “teh tranz”, or gay folk, or non-white individuals.

Which is why I am fairly sure that we are not talking institutional transphobia. For in force after force across the UK, the guidelines on interacting with trans people are good. The sentiments expressed from the very top are positive – and I have no reason to believe them disingenuous, as alongside the bad, I also encounter reports of good policing. Positive policing. Trans-friendly policing!

Its just… well, I’ve seen this all before, a few years back when I made a small trade out of covering ludicrous and ludicrouser police interventions on street photography. 

The guidelines were good. The top-down intention was good. It just didn’t always translate to street level. Indeed, it was the same old story as now, with some police officers seemingly just taking exception to any member of the public displaying anything less than total forelock-tugging obedience: and a much smaller proportion who just appeared to dislike persons with cameras. Period.

Still, there is one aspect of this story where the police powers-that-be deserve criticism. Wednesday’s arrests took place not just in Soho, but in the heart of London’s lgbt space.  Which is what makes the police reaction so bizarre.

For just as you might expect police in muslim areas to be taught a little about Islamic sensibilities, so you’d expect those working lgbt areas to learn a little about lgbt sensibilities. Or at very least for the most egregious transphobes and homophobes to be transferred quietly elsewhere.

Yet the evidence suggests that has not happened. It's not so much institutional transphobia as a failure of management.

Photograph: Getty Images

Jane Fae is a feminist writer. She tweets as @JaneFae.

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Europe's elections show why liberals should avoid fatalism

France, Germany and the Netherlands suggest there is nothing inevitable about the right's advance.

Humans are unavoidably pattern-seeking creatures. We give meaning to disparate events where little or none may exist. So it is with Brexit and Donald Trump. The proximity of these results led to declarations of liberalism's demise. After decades of progress, the tide was said to have unavoidably turned.

Every election is now treated as another round in the great duel between libralism and populism. In the Netherlands, the perennial nativist Geert Wilders was gifted outsize attention in the belief that he could surf the Brexit-Trump wave to victory. Yet far from triumphing, the Freedom Party finished a distant second, increasing its seats total to 20 (four fewer than in 2010). Wilders' defeat was always more likely than not (and he would have been unable to form a government) but global events gifted him an aura of invincibility.

In France, for several years, Marine Le Pen has been likely to make the final round of the next presidential election. But it was only after Brexit and Trump's election that she was widely seen as a potential victor. As in 2002, the front républicain is likely to defeat the Front National. The winner, however, will not be a conservative but a liberal. According to the post-Trump narrative, Emmanuel Macron's rise should have been impossible. But his surge (albeit one that has left him tied with Le Pen in the first round) suggests liberalism is in better health than suggested.

In Germany, where the far-right Alternative für Deutschland was said to be remorselessly advancing, politics is returning to traditional two-party combat. The election of Martin Schulz has transformed the SPD's fortunes to the point where it could form the next government. As some Labour MPs resign themselves to perpeutal opposition, they could be forgiven for noting what a difference a new leader can make.

2016 will be forever remembered as the year of Brexit and Trump. Yet both events could conceivably have happened in liberalism's supposed heyday. The UK has long been the EU's most reluctant member and, having not joined the euro or the Schengen Zone, already had one foot outside the door. In the US, the conditions for the election of a Trump-like figure have been in place for decades. For all this, Leave only narrowly won and Hillary Clinton won three million more votes than her opponent. Liberalism is neither as weak as it is now thought, nor as strong as it was once thought.

George Eaton is political editor of the New Statesman.