Kellie Maloney being interviewed on ITV's Good Morning Britain, 13 August
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Kellie Maloney, Newsnight and the debate the transgender community refused to have

On 11 August, I was asked to appear on the BBC’s Newsnight with two other transgender journalists. Hours later, they pulled out - amid a welter of accusations that I was a "violent transphobe" who does not believe in trans people's "right to exist". As a trans woman myself, is what I have to say really so unsayable?

On Monday 11 August, I was asked to appear on the BBC’s Newsnight with two other trans activists and journalists, Paris Lees and Fred McConnell. In light of Frank Maloney’s announcement that she is well into the process of gender transition and is now known as Kellie Maloney, we were going to discuss what it means for someone to "identify as a woman".

A researcher from the BBC approached a number of feminists, including the journalist Julie Bindel and the broadcaster Gia Milinovich, asking them to participate. Both declined because, in Milinovich’s own words, “anything even slightly ‘gender critical’ or with a feminist analysis will [be] met with death threats . . . that’s the real story.” The researcher then asked for suggestions, adding: "Should say we're not looking for hostilities."

I put myself forward and I was invited to debate on "What are the issues that you have with someone identifying as a woman?" from the point of view of a trans woman who supports a gender critical approach informed by feminism.

The gender critical approach establishes that "being a woman" is not a matter of an individual’s identity. Someone who is gender critical recognises that trans women are biologically male (and trans men are biologically female), that human beings are sexually dimorphic, that we are all subject to sex-based socialisation from birth. These are not value judgements; being biologically male is neither a good thing nor a bad thing. It is morally neutral.

This feminist approach views gender essentialism as the basis of women’s oppression, which as an extreme example would include violence (by men) against women. This is not to say that all men are violent, rather that male socialisation has violent aspects (like female socialisation has aspects that are, to quote a phrase, "sugar and spice and all things nice"). I therefore view gender as a harmful social construct which divides power unequally. I think of it as a hierarchy, with the sex-class "male" at the top.

The gender critical approach is by no means a generally accepted analysis among other trans people. For example, Paris Lees argued last week in The Independent that "Kellie Maloney has always been female", which is clearly at odds with gender critical feminist analysis and my own position as a gender critical trans woman. On the basis that being trans is defined using terms such as "gender identity disorder" and "gender dysphoria", I am probably beginning to sound like a turkey who is in favour of Christmas!

Back to the story. At around 6.45pm on the day, I was advised that I would be debating these ideas with Paris Lees. (I presume Paris received a similar email.) As the evening progressed, a section of the trans community had taken to Twitter to protest my presence in this debate, describing me as “a self-hating transphobic trans woman” and a “bigot”. These accusations were also directed at members of the show’s production team, and had reached Paris and Fred. One activist had called producer Toby Bakare a "piece of scum" for inviting Milinovich to discuss gender on the show.

I offered to make my own way to the studio to join the debate, however the BBC insisted on sending a car for me and this arrived around 8.30pm. At 8:48pm, Paris tweeted that she was “not prepared to enter into a fabricated debate about trans people’s right to exist/express themselves.” I arrived at the studio around 10pm. I was taken to make-up and then asked to wait in the Green Room. At 10:09pm Fred tweeted that “thanks to this awesome trans community” he had avoided a “TERF-filled trap” ("TERF" stands for "trans-exclusionary radical feminist"). At around 10:20pm I was informed that because both Fred and Paris had withdrawn from the debate, it was cancelled. I was advised that there had been "misinformation" spread about what the debate was to be centered on.

So, what was it that had led to the BBC’s flagship news and current affairs programme dropping a section on what it means to be trans and trans identity itself? An exchange on twitter had journalist Jennie Kermode stating that she was “Shocked that #Newsnight has decided to debate whether or not trans people have a right to exist. How would that go down about another group?” 

This was never on the agenda (why would I engage in a metaphysical discussion of my own existence? Trans people do exist!) and the show’s editor Ian Katz responded that the show “was never debating whether trans people have right to exist . . . that's a ludicrous misrepresentation”’ and “it was an item considering the impact of Kellie Maloney announcement on attitudes to trans people, and trans identity.”

He added: “we invitd several trans guests. Unfortunately there ws concerted - and intolerant - effort to close dwn discussion”. The reaction to his tweet included suggestions I was a "random transphobe", "openly transphobic", a "violent transphobe". "Why give bigotry a voice?" one tweeter asked Katz. The same person compared me to homophobic American preacher Fred Phelps, and said: "so ask trans people, we actually fucking exist, we're not a figment of the imagination. Fucking lazy effort." Another said: "Perhaps you should check what the law is on transphobia and what your invited guests espouse?"

I think at this point it is worth giving a little bit more information on my background. As I’ve already explained, I am a trans woman. I publish a small music magazine called Terrorizer which covers extreme music, much of which may be described as extreme heavy metal. I am very active within that world and I am known as being a trans woman who gets along in a world that’s very male dominated, not that I would ever deny the male privilege that got me here. The metal scene, like many music scenes, has problems with homophobia, indeed we have just published a significant piece attacking homophobia in the metal scene

Most of that previous weekend, I had spent at the Bloodstock Open Air festival in Derby, where I’d stood in the middle of a cold, wet and windy field telling people all about my magazine. Obviously, when I am doing this, I am conscious that I am standing in front of up to 10,000 people as an openly trans woman. This is hardly erasing of trans identities, in fact it demonstrates that someone who is trans can do things that are affirming and I would suggest that my actions as a trans woman in this world have a positive effect on the image of trans people in wider society.

I suggest that the claims of "transphobia" and "erasure" are red herrings, used to conceal the fact that there is a difference of opinion between me and the people involved in the Twitter barrage (apparently as well as Paris and Fred). I therefore suspect the real reason to avoid this debate is that Kellie’s transition rasies a number of difficult questions, and confronting these is something the trans community struggles to do, not least because they are at the very heart of what it means to be trans.

Kellie Maloney has spoken of “being born in the wrong body”, “having a female brain” and that she has “always known I was a woman”. But what do these statements mean? Do women and men have different brains? (The science would suggest not.) What does it actually mean to be a woman? Can someone who has lived 60 years as a boy and then a man, with all the privileges that entails, really lay claim to womanhood, and then demand unrestricted access to women’s spaces like changing rooms and refuges - spaces that exist for the dignity, comfort and protection of women?

These questions divide trans activists and radical feminists. What are the implications for women of positing the existence of a "female brain" in a society where to be female is to be considered inferior? Should someone be accepted as a woman just because they say they are? Do the rights of a trans woman who has lived as a man for 60 years to not feel intimidated by having to use male facilities trump the rights of women to have a safe space where they do not need to be concerned about voyeurism or sexual violence?

Neither of these are settled arguments. This is not black and white. There is room for nuance and debate. But unless we are able to discuss these issues, our politics will become a dead dogma and never evolve. This is the antithesis of what it means to be progressive and so we find trans women working against women, instead of working together.

This was a great opportunity to show the world that there is intelligent debate to be had around trans issues, and communicate some of the complex ideas and issues at the heart of both feminism and the trans community to a wider audience. It was a chance for three trans individuals to take part in a high-profile televised debate. It saddens me that we were unable to have this discussion: it sends out the message that the broader trans community is so insecure in itself that we are unable to analyse ourselves and ask difficult questions.

As a final irony, after the Newsnight segment was ditched, both Paris Lees and I were asked to write about the experience for the Independent. I filed my copy around midday on Thursday 14 August, but was told the following day that Paris had, again, pulled out. What you are reading now is an expanded version of what I wanted to say then. Is it really so unsayable?

Miranda Yardley is the publisher of extreme music magazine Terrorizer and a trans woman. She tweets @TerrorizerMir

Miranda Yardley is the publisher of extreme music magazine Terrorizer and a trans woman. She tweets @TerrorizerMir.

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David Davis interview: The next Conservative leader will be someone nobody expects

The man David Cameron beat on why we should bet on a surprise candidate and what the PM needs to do after the referendum. 

“I’m tired,” says David Davis when I greet him. The former Conservative leadership candidate is running on three hours’ sleep after a Question Time appearance the night before. He is cheered, however, by the coverage of his exchange with Ed Miliband. “Which country would it be be like?” the former Labour leader asked of a post-EU UK. “The country we’re going to be like is Great Britain,” the pro-Brexit Davis retorted

The 67-year-old Haltemprice and Howden MP is at Hull University to debate constituency neighbour Alan Johnson, the head of the Labour In campaign. “As far as you can tell, it’s near to a dead heat,” Davis said of the referendum. “I think the run of events will favour Brexit but if I had to bet your salary, I wouldn’t bet mine, I’d place it on a very narrow victory for Brexit.”

Most economists differ only on how much harm a Leave vote would do. Does Davis believe withdrawal is justified even if it reduces growth? “Well, I think that’s a hypothetical question based on something that’s not going to happen ... One of the arguments for Brexit is that it will actually improve our longer-run economic position. In the short-run, I think Stuart Rose, the head of Remain, had a point when he said there would be very small challenges. In a few years probably nothing.

“The most immediate thing would likely be wage increases at the bottom end, which is very important. The people in my view who suffer from the immigration issue are those at the bottom of society, the working poor, which is why I bridle when people ‘oh, it’s a racist issue’. It’s not, it’s about people’s lives.”

More than a decade has passed since David Cameron defeated Davis by 68-32 in the 2005 Conservative leadership contest. The referendum has pitted the two men against each other once more. I asked Davis whether he agreed with the prime minister’s former strategist, Steve Hilton, that Cameron would be a Brexiter were he not in No.10.

“I think it might be true, I think it might be. When you are in that position you’re surrounded by lot of people: there’s the political establishment, the Whitehall establishment, the business establishment, most of who, in economic parlance, have a ‘sunk cost’ in the current set-up. If changes they stand to lose things rather than gain things, or that’s how they see it.

“Take big business. Big business typically gets markets on the continent, maybe distribution networks, supply networks. They’re going to think they’re all at risk and they’re not going to see the big opportunities that exist in terms of new markets in Brazil, new markets in China and so on, they’re naturally very small-C Conservative. Whitehall the same but for different reasons. If you’re a fast-track civil servant probably part of your career will be through the Commission or maybe the end of your career. Certainly in the Foreign Office. When I ran the European Union department in the Foreign Office, everybody wanted a job on the continent somewhere. They were all slanted that way. If all your advice comes from people like that, that’s what happens.”

Davis told me that he did not believe a vote to Leave would force Cameron’s resignation. “If it’s Brexit and he is sensible and appoints somebody who is clearly not in his little group but who is well-equipped to run the Brexit negotiations and has basically got a free hand, there’s an argument to say stability at home is an important part of making it work.”

He added: “I think in some senses the narrow Remain is more difficult for him than the narrow Brexit. You may get resentment. It’s hard to make a call about people’s emotional judgements under those circumstances.”

As a former leadership frontrunner, Davis avoids easy predictions about the coming contest. Indeed, he believes the victor will be a candidate few expect. “If it’s in a couple of years that’s quite a long time. The half life of people’s memories in this business ... The truth of the matter is, we almost certainly don’t know who the next Tory leader is. The old story I tell is nobody saw Thatcher coming a year in advance, nobody saw Major coming a year in advance, nobody saw Hague coming a year in advance, nobody saw Cameron coming a year in advance.

“Why should we know two years in advance who it’s going to be? The odds are that it’ll be a Brexiter but it’s not impossible the other way.”

Does Davis, like many of his colleagues, believe that Boris Johnson is having a bad war? “The polls say no, the polls say his standing has gone up. That being said, he’s had few scrapes but then Boris always has scrapes. One of the natures of Boris is that he’s a little bit teflon.”

He added: “One thing about Boris is that he attracts the cameras and he attracts the crowds ... What he says when the crowd gets there almost doesn’t matter.”

Of Johnson’s comparison of the EU to Hitler, he said: “Well, if you read it it’s not quite as stern as the headline. It’s always a hazardous thing to do in politics. I think the point he was trying to make is that there’s a long-running set of serial attempts to try and unify Europe not always by what you might term civilised methods. It would be perfectly possible for a German audience to turn that argument on its head and say isn’t it better whether we do it this way.”

Davis rejected the view that George Osborne’s leadership hopes were over (“it’s never all over”) but added: “Under modern turbulent conditions, with pressure for austerity and so on, the simple truth is being a chancellor is quite a chancy business ... The kindest thing for Dave to do to George would be to move him on and give him a bit of time away from the dangerous front.”

He suggested that it was wrong to assume the leadership contest would be viewed through the prism of the EU. “In two years’ time this may all be wholly irrelevant - and probably will be. We’ll be on to some other big subject. It’’ll be terrorism or foreign wars or a world financial crash, which I think is on the cards.”

One of those spoken of as a dark horse candidate is Dominic Raab, the pro-Brexit justice minister and Davis’s former chief of staff. “You know what, if I want to kill somebody’s chances the thing I would do is talk them up right now, so forgive me if I pass on that question,” Davis diplomatically replied. “The reason people come out at the last minute in these battles is that if you come out early you acquire enemies and rivals. Talking someone up today is not a friendly thing to do.” But Davis went on to note: “They’re a few out there: you’ve got Priti [Patel], you’ve got Andrea [Leadsom]”.

Since resigning as shadow home secretary in 2008 in order to fight a by-election over the issue of 42-day detention, Davis has earned renown as one of parliament’s most redoubtable defenders of civil liberties. He was also, as he proudly reminded me, one of just two Tory MPs to originally vote against tax credit cuts (a record of rebellion that also includes tuition fees, capital gains tax, child benefit cuts, House of Lords reform, boundary changes and Syria).

Davis warned that that any attempt to withdraw the UK from the European Convention on Human Rights would be defeated by himself and “a dozen” other Conservatives (a group known as the “Runnymede Tories” after the meadow where Magna Carta was sealed).

“They’ve promised to consult on it [a British Bill of Rights], rather than bring it back. The reason they did that is because it’s incredibly difficult. They’ve got a conundrum: if they make it non-compliant with the ECHR, it won’t last and some of us will vote against it.

“If they make it compliant with the ECHR it is in essence a rebranding exercise, it’s not really a change. I’d go along with that ... But the idea of a significant change is very difficult to pull off. Dominic Raab, who is working on this, is a very clever man. I would say that, wouldn’t I? But I think even his brain will be tested by finding the eye of the needle to go through.”

Davis is hopeful of winning a case before the European Court of Justice challenging the legality of the bulk retention of communications data. “It’s a court case, court cases have a random element to them. But I think we’ve got a very strong case. It was quite funny theatre when the ECJ met in Luxembourg, an individual vs. 15 governments, very symbolic. But I didn’t think any of the governments made good arguments. I’m lucky I had a very good QC. Our argument was pretty simple: if you have bulk data collected universally you’ve absolutely got to have an incredibly independent and tough authority confirming this. I would be surprised if the ECJ doesn’t find in my favour and that will have big implications for the IP [Investigatory Powers] bill.”

Davis launched the legal challenge in collaboration with Labour’s deputy leader Tom Watson. He has also campaigned alongside Jeremy Corbyn, last year travelling to Washington D.C. with him to campaign successfully for the release of Shaker Aamer, the final Briton to be held in Guantanamo Bay.

“I like Jeremy,” Davis told me, “but the long and the short of it is that not having been on the frontbench at all shows. I’m not even sure that Jeremy wanted to win the thing. He’s never been at the Despatch Box. He’s up against a PM who’s pretty good at it and who’s been there for quite a long time. He’s playing out of his division at the moment. Now, he may get better. But he’s also got an incredibly schismatic party behind him, nearly all of his own MPs didn’t vote for him. We had a situation a bit like that with Iain Duncan Smith. Because we’re a party given to regicide he didn’t survive it. Because the Labour Party’s not so given to regicide and because he’d be re-elected under the system he can survive it.”

At the close of our conversation, I returned to the subject of the EU, asking Davis what Cameron needed to do to pacify his opponents in the event of a narrow Remain vote.

“He probably needs to open the government up a bit, bring in more people. He can’t take a vengeful attitude, it’s got to be a heal and mend process and that may involve bringing in some of the Brexiters into the system and perhaps recognising that, if it’s a very narrow outcome, half of the population are worried about our status. If I was his policy adviser I’d say it’s time to go back and have another go at reform.”

Davis believes that the UK should demand a “permanent opt-out” from EU laws “both because occasionally we’ll use it but also because it will make the [European] Commission more sensitive to the interests of individual member states. That’s the fundamental constitutional issue that I would go for.”

He ended with some rare praise for the man who denied him the crown.

“The thing about David Cameron, one of the great virtues of his premiership, is that he faces up to problems and deals with them. Sometimes he gets teased for doing too many U-turns - but that does at least indicate that he’s listening.”

George Eaton is political editor of the New Statesman.