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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"We repealed, then forgot": the long shadow of Section 28 homophobia

Why are deeply conservative views about the "promotion" of homosexuality still being reiterated to Scottish school pupils? 

Grim stories of LGBTI children being bullied in school are all too common. But one which emerged over the weekend garnered particular attention - because of the echoes of the infamous Section 28, nearly two decades after it was scrapped.

A 16-year-old pupil of a West Lothian school, who does not wish to be named, told Pink News that staff asked him to remove his small rainbow pride badge because, though they had "no problem" with his sexuality, it was not appropriate to "promote it" in school. It's a blast from the past - the rules against "promoting" homosexuality were repealed in 2000 in Scotland, but the long legacy of Section 28 seems hard to shake off. 

The local authority responsible said in a statement that non-school related badges are not permitted on uniforms, and says it is "committed to equal rights for LGBT people". 

The small badge depicted a rainbow-striped heart, which the pupil said he had brought back from the Edinburgh Pride march the previous weekend. He reportedly "no longer feels comfortable going to school", and said homophobia from staff members felt "much more scar[y] than when I encountered the same from other pupils". 

At a time when four Scottish party leaders are gay, and the new Westminster parliament included a record number of LGBTQ MPs, the political world is making progress in promoting equality. But education, it seems, has not kept up. According to research from LGBT rights campaigners Stonewall, 40 per cent of LGBT pupils across the UK reported being taught nothing about LGBT issues at school. Among trans students, 44 per cent said school staff didn’t know what "trans" even means.

The need for teacher training and curriculum reform is at the top of campaigners' agendas. "We're disappointed but not surprised by this example," says Jordan Daly, the co-founder of Time for Inclusive Education [TIE]. His grassroots campaign focuses on making politicians and wider society aware of the reality LGBTI school students in Scotland face. "We're in schools on a monthly basis, so we know this is by no means an isolated incident." 

Studies have repeatedly shown a startling level of self-harm and mental illness reported by LGBTI school students. Trans students are particularly at risk. In 2015, Daly and colleagues began a tour of schools. Shocking stories included one in which a teacher singled out a trans pupils for ridicule in front of the class. More commonly, though, staff told them the same story: we just don't know what we're allowed to say about gay relationships. 

This is the point, according to Daly - retraining, or rather the lack of it. For some of those teachers trained during the 1980s and 1990s, when Section 28 prevented local authorities from "promoting homosexuality", confusion still reigns about what they can and cannot teach - or even mention in front of their pupils. 

The infamous clause was specific in its homophobia: the "acceptability of homosexuality as a pretended family relationship" could not be mentioned in schools. But it's been 17 years since the clause was repealed in Scotland - indeed, it was one of the very first acts of the new Scottish Parliament (the rest of the UK followed suit three years later). Why are we still hearing this archaic language? 

"We repealed, we clapped and cheered, and then we just forgot," Daly says. After the bitter campaign in Scotland, in which an alliance of churches led by millionaire businessman Brian Souter poured money into "Keeping the Clause", the government was pleased with its victory, which seemed to establish Holyrood as a progressive political space early on in the life of the parliament. But without updating the curriculum or retraining teaching staff, Daly argues, it left a "massive vacuum" of uncertainty. 

The Stonewall research suggests a similar confusion is likely across the UK. Daly doesn't believe the situation in Scotland is notably worse than in England, and disputes the oft-cited allegation that the issue is somehow worse in Scotland's denominational schools. Homophobia may be "wrapped up in the language of religious belief" in certain schools, he says, but it's "just as much of a problem elsewhere. The TIE campaign doesn't have different strategies for different schools." 

After initial disappointments - their thousands-strong petition to change the curriculum was thrown out by parliament in 2016 - the campaign has won the support of leaders such as Nicola Sturgeon and Kezia Dugdale, and recently, the backing of a majority of MSPs. The Scottish government has set up a working group, and promised a national strategy. 

But for Daly, who himself struggled at a young age with his sexuality and society's failure to accept it, the matter remains an urgent one.  At just 21, he can reel off countless painful stories of young LGBTI students - some of which end in tragedy. One of the saddest elements of the story from St Kentigern's is that the pupil claimed his school was the safest place he had to express his identity, because he was not out at home. Perhaps for a gay pupil in ten years time, that will be a guarantee. 

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