Feminist and trans perspectives on identity and the UK Gender Recognition Act
| Author | Paddy McQueen |
| DOI | 10.1177/1369148116637998 |
| Published date | 01 August 2016 |
| Date | 01 August 2016 |
| Subject Matter | Articles |
The British Journal of Politics and
International Relations
2016, Vol. 18(3) 671 –687
© The Author(s) 2016
Reprints and permissions:
sagepub.co.uk/journalsPermissions.nav
DOI: 10.1177/1369148116637998
bpi.sagepub.com
Feminist and trans perspectives
on identity and the UK Gender
Recognition Act
Paddy McQueen
Abstract
This article examines Sheila Jeffreys’ analysis of the UK’s Gender Recognition Act (GRA) and her
critique of trans identities. Situating her position within a wider radical feminist perspective, I
suggest that her arguments against the GRA are grounded in a problematic understanding of sex
and gender. In so doing, I defend how sex and gender are understood in the GRA. Furthermore,
I show that radical feminist concerns about sex reassignment surgery and the complicity of trans
individuals with stereotypical gender norms are unwarranted. By highlighting the importance of
attending to the embodied dimensions of sex and gender, I offer a partial defence of the UK’s
GRA. In particular, I note the benefits that it can offer to trans individuals, although I suggest ways
in which the GRA can be improved. Finally, I challenge radical feminists who see trans theory and
identities as inimical to the goals of feminism.
Keywords
feminism, gender, Gender Recognition Act, Sheila Jeffreys, trans identities, transsexuality
Introduction
Trans theory is emerging rapidly as an influential set of perspectives within gender and
feminist studies; it is playing a major role in debates about not only sex/gender1 identity
but also key socio-political themes including rights, autonomy, power, oppression,
inclusion and equality (e.g. Stryker and Aizura, 2013; Stryker and Whittle, 2006). Trans
theory is thus contributing significantly to discussions about the central theoretical ten-
ets and political goals of feminism, sometimes challenging long and deeply held beliefs
about the purpose of feminist theory and activism (Bettcher, 2014). This has generated
a complex, dynamic and occasionally fraught relationship between feminists and trans
theorists.2 Some thinkers highlight their shared interests and the importance of collabo-
ration (e.g. Butler, 2004; Califia, 1997; Cromwell, 1999; Elliot, 2010; Enke, 2012b;
Heyes, 2003; Koyama, 2003; Overall, 2012), while others argue that they are incompat-
ible and that trans theory should have no place within feminism (e.g. Bindel, 2004;
University College Dublin, Ireland
Corresponding author:
Paddy McQueen, UCD School of Philosophy, Newman Building, University College Dublin, Belfield, Dublin
4, Ireland.
Email: paddymcqueen@gmail.com
637998BPI0010.1177/1369148116637998The British Journal of Politics and International RelationsMcQueen
research-article2016
Article
672 The British Journal of Politics and International Relations 18(3)
Daly, 1978; Greer, 1999; Hausman, 1995; Jeffreys, 2003, 2005, 2008, 2014a; Raymond,
1994 [1979]). Despite, or because of, these differences, it is clear that trans theory is
contributing to the feminist agenda in a multitude of ways and thus feminists must
engage—whether positively or negatively—with the issues and arguments being raised
within trans studies. Outside of this burgeoning academic field, trans identities are
gaining increasing publicity within the media and hence being brought to the greater
attention of the general public.3 There has also been a proliferation of documentaries,
newspaper articles and online blogs about trans identities and issues, in addition to
academic articles and books (Stryker, 2013).
It is in the light of these developments that Jeffreys (2008) offers a radical feminist
analysis of the UK’s Gender Recognition Act (GRA), which grants individuals legal rec-
ognition of their desired sex/gender. She argues that the GRA is a problematical piece of
legislation that should be retracted because (1) it reinforces stereotypical notions of gen-
der and ultimately hinders the feminist goal of eradicating gender and (2) it is undermined
by instances of regret and reversion experienced by trans individuals. She develops these
concerns into the wider assertion that trans theory and the existence of trans identities are
inimical to the goals of feminism. Jeffreys’ claims are echoed by a growing number of
feminists who are critical of trans identities, in large part because of the latter’s perceived
complicity with, even endorsement of, stereotypical conceptions of masculinity and femi-
ninity. Consequently, trans identities are accused of being antithetical to the feminist goal
of eliminating gender.
In this article, I argue that feminist criticisms of trans identities and the GRA are
unconvincing. In response to Jeffreys, I defend how sex and gender are understood within
the GRA. I also show that the issues of regret and reversion among trans individuals do
not pose a problem for the GRA. I then respond to the more general radical feminist cri-
tique of trans individuals, specifically that they are supportive of patriarchy and hence
contrary to the goals of feminism. I begin by challenging the radical feminist goal of
eradicating gender, arguing instead that we must attend to experiences of embodied gen-
der in order to identify and understand oppression. Such attention highlights the value of
the GRA for many trans individuals. I then show that trans individuals are often critical
of traditional gender norms and reflective about the problems of patriarchy. Accordingly,
contra radical feminist concerns, I suggest that feminism and trans theory can, and should,
establish productive collaborations in order to better examine and respond to instances of
gender oppression wherever and however they arise. This includes addressing the high
levels of violence and oppression experienced by trans individuals, which the GRA can
play an important role in combating. Thus, the article addresses both the importance of
the GRA itself and the wider, pressing themes of how best to conceptualise gender, role
within feminist politics and the relationship between feminism and trans theory.
Trans individuals, feminism and the UK’s GRA
Any discussion of contemporary sex/gender identities is confronted immediately with the
issue of definition. The terms ‘transsexual’ and ‘transgender’ are contested and multivalent,
which makes their use potentially problematic. ‘Transgender’ is often understood as an
umbrella term that refers to people whose sex/gender identities deviate from—and hence
challenge—the ways in which sex and gender are conventionally understood within society
(National Center for Transgender Equality (NCTE), 2014; Stryker et al., 2008).4 The term
‘transsexual’ is an older one that originated in medical and psychological communities,
To continue reading
Request your trial