Legalizing transphobia: from courtroom to legislature, how gender-critical activism is hurting us all

Abstract

This article scrutinizes the strategic legal and political actions taken by gender-critical feminist (GCF) scholars and activists aimed at curtailing protections afforded under existing equality law and criminal justice policies that safeguard transgender individuals against discrimination and victimization. Two prominent legal judgments are critically reviewed to highlight the phenomenon of crowdfunded litigation and to exemplify the ways in which the law can be (mis)used to shape public perceptions of trans identities and, consequently, how this impacts trans individuals’ full and equal participation in society. The subsequent analysis examines how the previous and current governments’ support of the GCF movement has led to newly proposed, and recently enacted, legislation and policies restricting trans rights and legal protections. The article concludes by reflecting on how these coordinated legal interventions detrimentally affect the emotional, physical, and social well-being of trans individuals, while simultaneously contributing to a broader political narrative aimed at dismantling protections against discrimination and victimization for all marginalized groups.