I was elected as a lowly district councillor on a manifesto that clearly stated: "Trans men are men, trans women are women, and non-binary identities exist and are valid." I stand firmly behind these principles.
However, I'm often asked: "Why can't members be kicked out for being transphobic?"
The reality is complex but this is my personal understanding of the law, not a statement from the party.
Under the Equality Act 2010, gender-critical beliefs are legally protected philosophical beliefs. The EHRC's own guidance for political parties is clear: a party cannot expel a member because of a protected characteristic and that includes holding those beliefs.
Expulsion is only lawful where it's for conduct or a genuine rule breach, not the belief itself, for example:
- Specific actions taken while expressing those views violate party rules on harassment or bullying.
OR
- Removing someone from a spokesperson or officer role may be permissible where it's about party presentation, but even that must be handled fairly and for genuine non-belief reasons, as the courts have already reminded us.
In any court or tribunal, once a claimant shows facts suggesting discrimination, the burden shifts to the party to demonstrate the expulsion was due to conduct, not the belief. This principle has been established by the courts since 2021, and it aligns with the European Convention on Human Rights.
Also, this isn't theoretical. My party is currently navigating live legal challenges on exactly this issue, and courts have already ruled against it once and we need to be honest about that.
So, this is the uncomfortable landscape we all have to navigate. We must balance protecting our trans members from harassment while respecting the legal rights of members who hold differing philosophical views. But let me be clear. I know that for our trans members, this isn't some abstract legal puzzle, it's alarming, exhausting and personal. I'm listening and I'm learning, every day, but my commitment to you hasn't wavered, and it won't.
