At last, opponents of the encroachment of transgender ideology into our schools will get their day in court. Last week a High Court judge ruled on a case brought by a 13-year-old girl against Oxfordshire county council and found that it is arguable that the ‘Trans Inclusion Toolkit for Schools 2019’, which their schools are using, is unlawful.
The case, which is being supported by the Safe Schools Alliance UK, will proceed to full trial later in the year, where it will be argued that the toolkit – ‘guidance aimed at professionals working with children and young people in schools, colleges and other education settings’ – is seriously flawed and poses a risk to children. If this challenge is successful the implications are huge for the legality of similar resources such as those supported by Stonewall, Allsorts and the Church of England.
The Safe Schools Alliance began its challenge to Oxfordshire county council over its controversial 2018 toolkit on safeguarding grounds in February 2019. Despite this, in November the council doubled down and brought out an even more extreme version which failed to address a single one of the campaign group’s safeguarding concerns, choosing to deny biological reality, misrepresent the law and treat concerned parents as a safeguarding risk.
The toolkit instructs schools to identify transgender children who are very young or have special needs by their actions, encouraging them to ‘read’ crude gendered stereotypes, for example from the kind of toys they like to play with, and then to begin treating them as that sex.
It instructs schools to allow boys to use the girls’ changing rooms and toilets and to sleep in their dormitories on residential trips without their parents’ knowledge. It considers only the feelings of the transgender child about this and not how the other girls (or boys) might feel.
The 13-year-old Oxfordshire girl bringing the case (who cannot be named for legal reasons) says the toolkit puts her at risk and does not respect her rights to privacy or dignity:
‘The toolkit has a very significant impact on me as a girl. I am very surprised that the council never asked the opinion of girls in Oxfordshire about what we thought before they published the toolkit. Under these guidelines I have no right to privacy from the opposite sex in changing rooms, loos or on residential trips. Sports could end up being unsafe as I am a really small teenage girl and boys are bigger than girls. This guidance could be used in any educational establishment in Oxfordshire, which possibly includes sports clubs. The guidance makes me feel that my desire for privacy, dignity, safety and respect is wrong. It makes me feel sad, powerless and confused. I recently did my level 1 safeguarding course for Guider training and I don’t understand how allowing boys and girls to share private spaces is okay.’
This judicial review is very welcome and long overdue. With the recent explosion in transgenderism among young people, girls especially, and the current government apparently unwilling to take a clear line on the issue, it falls to our courts to decide whether biology is going to count for anything in British schools any more.
It shouldn’t be this way. In a healthy parliamentary democracy our elected representatives would be standing up to narrow activist groups’ campaigning for such revolutionary ‘re-education’ of our children. Something has gone very wrong here, as many MPs who don’t sign up to the latest fads in genderqueer theory feel intimidated into keeping silent, leaving the ground clear for the ideologues to peddle their anti-scientific notions of brain sex and being born in the wrong body.
Unfortunately MPs can no longer rely on the law to uphold reason. One British court has already ruled that an ‘absolutist’ belief in biological sex is ‘not worthy of respect in a democratic society’ and thus does not qualify for free speech protection and may be considered grounds for employment dismissal.
Whether the courts will make the right call on this issue hangs in the balance as many in the judiciary seem already to be captured by the transgender lobby.
This courageous 13 year old girl is to be commended for taking a stand and a great many people in the country will be willing her on. But the truth is, until this Conservative government with its strong parliamentary majority starts to make clear that the British state believes in biology and will not undermine the rights of women to dignity, privacy and safety, any pushback to the trans agenda will always be precarious. We await their reaction to Caroline ffiske’s exposé of the Department of Justice on TCW yesterday.
Tory MPs need to ask themselves, if the Conservative Party can no longer defend reason, truth and free speech, or stand up for the dignity and rights of women and protect children, then what exactly is the point of it?