How to hold people accountable for transphobia

What does the law already say about transphobia?

In the United Kingdom, the Equality Act 2010 protects people from discrimination because of gender reassignment, which is one of nine protected characteristics in the Act. It prohibits direct discrimination, harassment and victimisation on that ground. Direct discrimination means treating someone worse because they are trans, harassment means unwanted conduct that violates their dignity or creates a hostile environment, and victimisation means punishing someone for complaining. Other countries have comparable laws, although the details differ and you should check the rules where you live.

Dr Helen Webberley, Gender Expert and Medical Educator, describes the principle like this: "You're not allowed to treat people less favourably. You're not allowed to be biased. You're not allowed to be prejudiced. You're not allowed to discriminate." The rule exists. The difficulty is that it is not being enforced often enough, and you deserve to be protected by it in practice, not only on paper.

Why does it feel like people are getting away with transphobia?

Because in many places they are, and it is not your imagination. People tell me they see charities being set up and accepting donations while fuelling hostility towards trans people. They see policies in public life that are not inclusive, and they see government and political guidance that does nothing for equality or respect for gender diversity. They also see legal interpretations and judgments that do not seem to understand or accept gender diversity.

My view is that all of this needs to be challenged and that we should not be waiting politely for someone else to do it. A rule that exists but is never applied does not protect anybody, and the cost of that falls on trans people who have to put up with the behaviour while everyone else waits.

How can I hold people accountable in my own school, shop or workplace?

You start with the space you are responsible for. While we wait for government, the police and lawmakers to act, each of us can act as a public body in our own right and say: this does not happen in my school, my shop, my street, my library, my hospital, my doctor's surgery, my local swimming pool. Then you make that real in ways a person can see.

In practice that can mean a written policy that names trans people and says what happens if someone breaks it. It can mean staff who know what to do when a customer, colleague or pupil makes a hostile comment, so the answer does not depend on who happens to be on shift. It can mean a complaints form that someone actually reads and answers. If you run an online space, it means removing the comment and the account behind it. I run my own social media platform on exactly that basis: if you write that kind of thing there, I will remove you and make sure you do not have an account any more.

If you are the person on the receiving end, write down what happened, who was there, and when. Use the complaints route the organisation has, and find out early what the time limit is, because claims under the Equality Act have short deadlines. You should not have to be the one doing all the enforcing, but a clear record makes it much harder for anyone to brush it aside.

Should there be penalties for transphobia?

Yes. When I say something is not tolerated, I mean not tolerated, which means there have to be consequences and not just a statement. Here is what I think they should look like:

• A charity set up to harm trans people should be told by the Charity Commission that it cannot operate as a charity and cannot accept donations.
• A local swimming pool whose policies and procedures do not respect gender diversity should be fined by its local council.
• Where people are being hurt in the street or online, the police should act under the laws we already have.

The principle is the same in each case. Bad behaviour should be punished, and not only discouraged. Trans people already carry the cost of being treated badly, so the cost of doing it should land on the person doing it.

What if someone says they simply disagree with trans people?

Some people say they do not understand gender diversity and disagree with it. My answer is that it is not their place to disagree with who someone is, and that the first step is to go and get educated. We went through exactly this with people who claimed a right to disagree with homosexuality or to object to people with a different skin colour joining in everyday life. We did not accept it then, and we should not accept it now about someone's gender identity or about not wanting a person in a space because they are gender diverse.

It will take a while, because many people have not yet seen the reality and beauty of gender diversity. In the meantime, there are three things that move it along: education, visibility and acceptance. Education means anybody who does not understand can ask and be told. Visibility means seeing trans people here, there and everywhere, which only happens when services make provision for them. Acceptance means treating a person's existence as settled. And if someone thinks there is something wrong with being trans, that is theirs to sort out, because there is nothing wrong with it.

Is hate speech the same thing as free speech?

I do not think so. What you say on your own, in your own room, is your business. Using a large platform, or even a small one, to encourage others to share your hostility towards a group of people is something else. Dr Helen Webberley, Gender Expert and Medical Educator, puts it this way: "Free speech is fine when you're in your own bedroom on your own. Free speech is not fine when you're promoting it on your podium to your platform." My position is that inviting hatred or exclusion of people because of who they are is not something I will defend as free speech, whether the audience is thousands of followers or a handful.

Where the legal line on incitement sits differs from country to country, and I would rather you check the law where you live than take it from me. What is not in doubt is that what people post leaves a record. Anyone using a platform to encourage hatred or harm towards trans people is creating that record, and it will still be there later.

What should I do if a friend starts joining in with anti-trans jokes?

You have three choices: go along with it, ignore it, or say something. I would not like you to clap along, and I understand how hard it is to say something to a friend. It is hurtful, isn't it? But imagine the same friend becoming racist, homophobic, or abusive to children or animals. You would not shrug that off, so ask yourself why a lot of people being anti-trans at the moment should make it any more acceptable.

You might simply say: "Mate, I don't think that's very nice. There are real trans people in this world who might see those comments and those jokes." Words do hurt. Comments, DMs, likes and dislikes all land on real people. If your friend carries on, you are entitled to say you cannot be friends with someone who hurts individuals and a whole group of people for who they are. Ending a friendship is a legitimate choice, and nobody is obliged to keep someone who is a brake on their wellbeing or on other people's safety.

Part of the reason this goes unchallenged is that too many people think it is not their place. I think it is everyone's. We do not watch someone be stoned and walk past, and a modern society looks after everybody. That includes trans people living in the streets around you, who are better off for every person who decides not to look away.

Facts on this page were last checked on 13 November 2026. The rules on discrimination, harassment, charity regulation and incitement differ between countries and can change, so check the current law where you live before relying on it.

If there is a topic that you would like me to cover, just let Sammy know.

Dr Helen Webberley, Gender Expert and Medical Educator