New “Definition of Transphobia” announced

The Lib Dems’ Federal Board has finally revised the party's Definition of Transphobia after 2 years of controversy, criticism and legal uncertainty. See the new definition here

The change comes after the party received legal advice from two KCs, of which Karon Monaghan's can be viewed here. The second legal opinion has not yet been published. We await its emergence with interest.

We welcome the new Definition, which takes into account the Forstater ruling and emphasises the need for "robust, passionate debate". This is a great improvement on the last version.

Key improvements are:

• References to Stonewall removed

• Makes clear that holding and expressing gender critical beliefs = protected by law.

• "Misgendering" and "deadnaming" no longer featured as specific “transphobic” acts

• Disciplinary action only for serious offences.

The new Definition also mentions:

• Fairness

• Equality

• Robust, passionate debate

• Lawfuness

• Honesty

• The right to disagree

Some small contradictions and areas of ambiguity remain, but this is a nonetheless a huge step in the right direction. The Lib Dems are the first major party to acknowledge the lawfulness of gender critical views and make this explicit to their members.

The party has done well to realise that - however well-intentioned - mechanisms to restrict speech should not be introduced without good reason a great deal of thought, including for their lawfulness. Also, they should be forged in the crucible of debate at Conference, and not superimposed from above.

We hope this change signals a move toward encouraging and enabling instead of restricting debate within the party. Clearly it doesn't end here. We are calling for a review into the treatment of gender critical party members over the last four years.

We would like to thank all those within the party who helped make this happen including Lord Strasburger, who commissioned the excellent legal advice from Karon Monaghan, Baroness Ludford for her bravery and commitment, and everyone who stuck their neck out to sign our recent letter.

We continue to maintain that the Lib Dems Definition of Transphobia is a solution in search of a problem. Harassment, abuse and victimisation of fellow members is already covered by the Code of Conduct and ultimately all decisions will be made by a human being who will need to apply both common sense and, most importantly, the law. The only instance of the Definition of Transphobia leading to a sanction was in case 64, which was successfully overturned by FAP on appeal from the Senior Adjudicators (FAP case 30), showing the definition was not fit for purpose.