Blog
The CMA’s Annual Report and digital markets - a time of change
Caroline Day
For two weeks during Pride month, Kingsley Napley are publishing a series of blogs to celebrate Pride and highlight LGBTQ+ issues from home and abroad. We have included a glossary of terms at the end of this blog.
I am a trans woman who has recently embarked on her transition. Having only taken my first steps on this journey, I am acutely aware when writing this that I have much to learn about myself, about being trans, and about the diverse LGBTQ+ family that I now find myself part of. However, there is one theme that I feel is important to discuss as we celebrate Pride in 2021.
The discourse over transgender rights, especially trans women’s rights, is commonly seen as part of a zero-sum game where any steps towards equality allegedly result in a diminishing of the rights of cisgender people.
Arguments like these tend to draw all of the oxygen from wider discussions about identity. Often volatile interactions between, for example, ‘gender critical feminists’ and trans people mean that important, more nuanced conversations are being drowned out. Therefore, in 2021, I think it is important to sift through the outrage on Twitter and the sensationalist headlines in order to engage in much-needed, sensitive dialogue instead.
It wouldn’t be appropriate for me to attempt to give voice to all of these forgotten conversations in this one article. But, by way of example, what I do want to challenge is the misguided question of whether someone is ‘trans enough’ to be taken seriously.
My experience of being transgender is, in the grand scheme of things, quite straightforward. I use she/her pronouns. I dress femininely and, ultimately, my hope is to be viewed as female by the world around me (i.e. to pass). But it often seems like there is a hierarchy of identities.
For those who wish to restrict trans people’s access to single-sex spaces, there are perceived levels of ‘threat’ associated with people at different stages of their transition. Those who have elected to have ‘the surgery’ are apparently seen as the least threatening and so are more likely to be tolerated in single-sex spaces. They are placed at the top of this constructed hierarchy. However, anyone who falls below that acceptable threshold (begging the slightly horrifying question, how would you even check?) is frequently portrayed as a potential predator by opponents of trans equality. In the early stages of my transition, I fall within this category of ‘potential predator’. To some people, I will still be a threat even after years of living my life as a woman. But even so, I enjoy a rare form of privilege in that my ‘type’ of trans-ness is relatively easy for others to understand and accommodate, which elevates me in this perceived hierarchy.
People who are gender non-conforming in more atypical ways face a much longer path to acceptance. For non-binary or agendered people (a hugely diverse spectrum of identity in its own right), their form of self-expression may not sit easily within the confines of the standard male/female binary. Given that so much stock is placed by either being cisgender, or seeking to emulate being cisgender as the pinnacle of your transition, where does that leave people who do not want that for themselves?
‘Unconventionally’ gender non-conforming people face challenging situations that are uniquely difficult to handle. For example, there are so-called medical safeguards set up to ensure that someone is ‘trans enough’ to pursue their transition, which gender non-conforming individuals often struggle to overcome because they do not meet expectations. Just being referred to as ‘he’ or ‘she’ for someone who is outwardly conventional in terms of their gender expression, but who is gender non-conforming, can cause distress. They may also feel excluded from being able to discuss their feelings with their friends or their employer because the narrative is still fundamentally based on two acceptable forms of gender.
We need to create an environment where the people across the full range of gender identities feel appreciated and accepted. The only way of doing this is by ensuring that our discussions around identity and gendered spaces are not exceptional. We need to talk about this openly, and not just when someone comes out as conventionally trans or non-binary.
This is just one issue that is all too often overlooked in the hyper-polarised debates that confront the LGBTQ+ community. We need to enable people to champion their own varied experiences across a range of hidden issues; otherwise, we risk leaving people behind because their voices are never heard.
Glossary of Terms (with thanks to Stonewall)
Agender
Someone whose gender identity is genderless or gender-neutral.
Cisgender or Cis
Someone whose gender identity is the same as the sex they were assigned at birth. Non-trans is also used by some people.
Coming out
When a person first tells someone/others about their orientation and/or gender identity.
Gender
Often expressed in terms of masculinity and femininity, gender is largely culturally determined and is assumed from the sex assigned at birth.
Gender expression
How a person chooses to outwardly express their gender, within the context of societal expectations of gender. A person who does not conform to societal expectations of gender may not, however, identify as trans.
Gender identity
A person’s innate sense of their own gender, whether male, female or something else (see non-binary below), which may or may not correspond to the sex assigned at birth.
Gender Non-Conforming
Where someone’s gender expression does not correspond with the masculine or feminine gender norms expected by society. A person who is gender non-conforming may not necessarily identify as trans or non-binary.
Non-binary
An umbrella term for people whose gender identity doesn’t sit comfortably with ‘man’ or ‘woman’. Non-binary identities are varied and can include people who identify with some aspects of binary identities, while others reject them entirely.
Orientation
Orientation is an umbrella term describing a person's attraction to other people. This attraction may be sexual (sexual orientation) and/or romantic (romantic orientation). These terms refers to a person's sense of identity based on their attractions, or lack thereof.
Orientations include, but are not limited to, lesbian, gay, bi, ace and straight.
Passing
If someone is regarded, at a glance, to be a cisgender man or cisgender woman.
Sex
Assigned to a person on the basis of primary sex characteristics (genitalia) and reproductive functions. Sometimes the terms ‘sex’ and ‘gender’ are interchanged to mean ‘male’ or ‘female’.
Trans
An umbrella term to describe people whose gender is not the same as, or does not sit comfortably with, the sex they were assigned at birth.
Trans people may describe themselves using one or more of a wide variety of terms, including (but not limited to) transgender, transsexual, gender-queer (GQ), gender-fluid, non-binary, gender-variant, crossdresser, genderless, agender, nongender, third gender, bi-gender, trans man, trans woman, trans masculine, trans feminine and neutrois.
Transgender woman
A term used to describe someone who is assigned male at birth but identifies and lives as a woman. This may be shortened to trans woman, or MTF, an abbreviation for male-to-female.
Transitioning
The steps a trans person may take to live in the gender with which they identify. Each person’s transition will involve different things. For some this involves medical intervention, such as hormone therapy and surgeries, but not all trans people want or are able to have this.
Transitioning also might involve things such as telling friends and family, dressing differently and changing official documents.
ABOUT THE AUTHOR
Ellie Fayle is a Media Associate in the Dispute Resolution team. She primarily advises on media, privacy and reputation management matters.
Ellie has excellent expertise in handling online reputation matters, including ‘right to be forgotten’ requests, defamation, hate speech and data protection issues. Ellie was previously seconded at Google.
Latest Pride blogs
Drag queens and activism: a story of political realness
When I told some of my friends I was writing a piece about drag activism, their reaction was almost unanimous…
"Oh, but, is there much to say?"
That's when I realised that drag queens, for many, are more synonymous with big hair and lip-syncing pop hits rather than political consciousness and activism. You can certainly understand the reason for this - we have been totally spoiled in recent years with the explosion of Ru Paul’s Drag Race around the world - the make-up, talents and confidence being a feast for the eyes (and the soul). But we cannot minimise the political importance of Mama Ru’s creation. Who could forget numbers such as “Shady Politics”; the discussions of gay conversion therapy while applying make-up; and Bob the Drag Queen describing his arrest during a 2011 marriage equality protest? Not to mention Nancy Pelosi sashaying into the All Stars season…
Coming out? How to support your friends and family members when they come out to you.
Coming out is an extremely personal journey and will be unique to each person. It takes a lot of courage to come out and a person may have to repeatedly do this in their personal and professional lives. Statistics show that 46% of people who identify as lesbian, gay and bisexual and 47% of people who identify as trans feel comfortable to discuss their orientation or gender identity.
When the arch of the rainbow actually casts a shadow on you.
How can you put the spotlight on intersectionality to remind others that, even within the LGBTQ+ community, not everyone is treated equal?
Are you proud of who you are, your journey and the person that you’ve become? Do you truly wear your heart on your sleeve? For some, being open and honest about who we are (which includes our gender identity or sexuality) does not come easily and can be extremely hard. It can be even tougher at work, and for those that hide their true self, the energy expenditure is endless. That survival cost of energy makes you less productive, or even worse still, it has a detrimental impact on your mental and physical health.
The Conversations That We’re Forgetting to Have
I am a trans woman who has recently embarked on her transition. Having only taken my first steps on this journey, I am acutely aware when writing this that I have much to learn about myself, about being trans, and about the diverse LGBTQ+ family that I now find myself part of. However, there is one theme that I feel is important to discuss as we celebrate Pride in 2021.
Three years on, the UK Government is still ‘’dragging its feet’’ about banning gay conversion therapy.
Following on from my colleague Sameena Munir’s blog ‘’pray the gay away: cull conversion therapy worldwide’’, the issue of gay conversion therapy dominates contemporary conversations surrounding LGBT politics and legislation in the UK, but the Government has failed to deliver on its promise to ban it.
"They will say I’m pushing an agenda. But the truth is, I am.” - The rise of queer artists and the importance of visibility
For two weeks during Pride month, Kingsley Napley are publishing a series of blogs to celebrate Pride and highlight LGBTQ+ issues from home and abroad.
It’s been 9 years since R&B artist Frank Ocean headed off rumours about his particular pronoun usage in the album Channel Orange by posting on Tumblr that his first love had been a man. Since then, the momentum for the openness and success of queer artists has continued to gather pace, and LGBTQ+ representation in the arts and mainstream media is as wide as it has ever been. This rise has however raised important questions about pigeonholing queer artists, and perhaps most interestingly whether they must always shoulder the responsibility of ‘pushing the agenda’.
Visibility, Unity and Equality: out and proud in the legal sector
In February this year, I attended a virtual talk held by the InterLaw Diversity Forum for LGBT+ History Month. The speakers featured individuals working in the legal sector and each discussed their experience of coming out as trans or non-binary at work. It feels an apt lesson given this year’s Pride theme: Visibility, Unity and Equality.
Things not to say to same-sex parents
In January 2020, I was fortunate enough to give birth to a beautiful, healthy baby boy. As far as I know, I am the first partner at Kingsley Napley (although certainly not the first employee) who has a baby who is lucky enough to have two mums. News of my pregnancy was met with overwhelming support from my colleagues. That support continues to this very day, and my wife and I remain truly grateful for the kindness that has been shown to us. However, since falling pregnant I have learnt that not all workplaces are as supportive to same-sex parents as mine. The concept of two mums or two dads starting a family is something that some people still struggle to get their heads around. So this year, for our KN Pride blog series, I have decided to explain the questions, that speaking from my own experience, it is not helpful to say to same-sex parents.
#PrideInside in 2020 and reflections on allyship at Kingsley Napley
Tomorrow, global organisations across the world are celebrating Global Pride, and I wanted to write to say how much it means to us at Kingsley Napley to celebrate Pride and to support our LGBTQ colleagues.
Gender neutral legal drafting – not why, but why not?
On sitting down to write this blog, I was a little embarrassed. When you actually take the time to think about drafting legal documents in a way that is gender neutral, it seems to me that the question isn’t why do this, but why not?
Covid 19 Crisis - Can we afford (not) to invest in equality, diversity and inclusion initiatives?
In 2012 we formed an LGBTQ* & Allies network at Kingsley Napley (KN). I’m ashamed to say that the impetus to form this network came not from within, but from Scott, a new joiner who upon his arrival was surprised, and critical (rightly so) to find that no such network existed at KN.
The Home Office welcomes same sex couples, but only those lucky enough to live in a liberal state
The UK spouse visa has been the subject of frequent criticism and has rarely been out of the news since the rules surrounding it were completely changed in 2012. This is predominantly as a result of the stringent and often exclusionary financial requirements imposed. However, when you take a look at the basic relationship requirements imposed by this route, it is exclusionary in an unexpectedly discriminatory way.
IDAHOBIT Day 2020: I am an Ally
This Sunday marks International Day against Homophobia, Biphobia and Transphobia. On this day, over 130 countries around the world draw attention to the various forms of discrimination and violence that the LGBTQ community continue to experience. It serves as a reminder each year of the work which is still needed to achieve LGBTQ equality. David Sleight, a Partner and ally, at Kingsley Napley shares his experience below.
Calling all managers and senior executives – the importance of being a visible LGBTQ ally
Now is a more important time than ever to be a visible ally to LGBTQ people in the workplace. Discrimination on the grounds of sexual orientation continues to take place, often with disastrous ramifications for individuals and businesses.
Buying a house: the pitfalls for unmarried same-sex couples
The current government lockdown is making everyone aware of their living arrangements. Relationships are being put under new pressures and the current emotional and financial impact of the virus may be causing additional stresses in a relationship. It is a sensible time to make sure you understand how you own your property and the implications of such ownership.
Disregarding Convictions – the Turing Law and its limitations
There are countless instances of LGBT+ individuals being stigmatised and discriminated against throughout history, including in criminal law. In particular, a number of sexual acts between men have historically been criminalised. This homophobic legislation was compounded by an insidious approach to investigations, which targeted men who were believed to be gay, leading to a large number of men being criminalised, with all of the consequences that a conviction brings, for behaviour that should never have been illegal in the first place.
“Love comes first”: The journey to equal partnerships and marriage in the UK
On the eve of the new decade, 31 December 2019, the first mixed-sex couples officially entered into civil partnerships, granting them the same legal protections as in marriage.
The lionesses: how female footballers are tackling equality with pride
When you cast your mind back to last summer, you may have hazy memories of enjoying an aperol spritz during the heat wave, listening to Lewis Capaldi on every radio station, or your attempts to desperately avoid buying plastic bottles and single use cups.
Challenging hidden assumptions
Recent social progress in LGBT+ issues in the UK is a cause for celebration but it is not the end of the story. Heteronormative stereotypes persist and can be harmful.
Equal civil partnerships finally allow equal access to tax and inheritance perks
Legal recognition of relationships has dramatically changed in the UK and across most western countries. With an urge for equality and to recognise same-sex relationships, the government first introduced civil partnerships for same-sex couples in 2005 and subsequently same sex-couples could legally marry from 2014.
Share insightLinkedIn Twitter Facebook Email to a friend Print