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Writer's pictureLizzie

The Forest School Association has banned trans people from gendered spaces. Does the FSA really support “Quality Forest School for All”?

“Do the best you can until you know better. Then, when you know better, do better.”

Maya Angelou

I have had a long and rich relationship with the Forest School Association throughout my 16 years as a Forest School Leader and seven years as a trainer, including as an Approved Provider and the FSA Hampshire group chair. I am not only a Forest School Leader but an expert in Diversity and Inclusion in the outdoors, particularly in LGBTQIA+ inclusion. Back in 2020, I was really pleased when the FSA moved toward supporting diversity and inclusion by creating its own policy, as it aligns with a core guiding principle the FSA holds, “Quality Forest School for All”. You can read the full policy here, but in short, it promises that the FSA’s values align with the understanding that some people are marginalised, they have less access to Forest School as a profession and that they will support minority groups to be more involved and for young people from minority groups to see leadership as a future option.

 

At this point, I need to pause and explain more about myself as the rest of this story is not just about facts but also about the feelings that have arisen due to my lived experience as not just a Forest School leader but as a trans-non-binary person. I am also a researcher, specialising in intersectional marginalisations of queer people and how this impacts the way that they experience (or don’t) the outdoors. My passion is around removing barriers for minority and marginalised groups to ensure that everyone has access to the outdoors, not just those that fit the ideal.

 


So, let’s fast forward from 2020 to April 2024. I have been a workshop leader at the FSA conference in the past. The fee for the conference is too high for me; our household income is low, and I have 2 neurodivergent children who are often not attending school. So I offered to deliver a workshop at the conference on LGBTQIA+ inclusion and queer ecology. I thought it would be pretty fun (as everyone loves to hear about seahorse dads and fungi with 25,000 different sexes, right?) but also incredibly important. It is hard for marginalised people to talk about the issues they face daily. Still, it’s something that I have decided to do as no one can speak on my behalf, and I have dedicated my life to ensuring the world is better for young queer people than it was for me. So off I go to look at accommodation, planning to bring my van, but whilst doing so I spot a link to a policy entitled “sex and gender-based spaces” – hmmmm, I really hope this isn’t what I think this is, I am thinking to myself as I opened it up. A quick read-through tells me that it is a policy designed to segregate transgender people and, to be frank, doesn’t just ignore the FSA’s own inclusion policy but also, I would argue, the law.

 

The original policy is as follows (accessed 3rd May 2024 on the FSA website, no longer available);


2024 National Forest School Conference Sex and Gender Policy

Objective: This policy is designed to ensure a respectful, safe, and inclusive environment for all participants of the 2024 National Forest School Conference, acknowledging the diversity of gender identities and the preferences of attendees.

 

Accommodation Arrangements:

  • Single Sex Accommodation: Most indoor accommodations will be single sex. If opting for single sex accommodation, participants are expected to choose accommodation that aligns with their biological sex (except when booking a twin room with a friend).

  • Mixed-Sex Accommodation: Two dorm rooms will be available for mixed-sex use, also accommodating all gender identities.

  • Individual Accommodation: A range of individual accommodation options are available to anyone who does not wish or who feels unable to share – camping, tent hire, campervan, offsite accommodation. 

Toilets and Showers:

  • Single Sex Facilities: Toilets and showers will primarily be single-sex. Participants opting to use single sex facilities should use facilities that correspond to their biological sex.

  • Provision for all genders: Individual toilet and shower facilities will be available for all genders, including those who do not wish to use the facilities that correspond with their sex. These facilities will also be available for any participant who requires or prefers such accommodation.

Policy Guidelines:

  1. Respect for Choice: All participants are expected to respect the choices of others in their use of dormitory and bathroom facilities. Harassment or discrimination based on sex or gender identity will not be tolerated.

  2. Privacy and Safety: Efforts will be made to ensure privacy and safety for all attendees while using any of the conference facilities.

  3. Inclusivity: This policy is crafted to be inclusive, allowing everyone who wishes to attend the conference the ability to do so comfortably, regardless of their gender identity or views on gender separation in accommodations.

  4. Feedback and Adaptation: Feedback on this policy is welcome and will be collected during and after the conference to adapt future arrangements to better meet the needs of all attendees.

Implementation:

  • Clear signage will be placed at all dormitory and facility entrances, indicating the designated use as outlined in this policy.

  • Conference staff will be trained on the details of this policy and will be available to assist attendees and ensure compliance with respect for all individuals.

Enforcement:

  • Any complaints regarding breaches of this policy should be directed to conference staff who will address them promptly and confidentially.

  • Participants found to be violating the respect and safety of others may be subject to appropriate action, including removal from the conference to maintain a safe environment for all attendees.

 

So what is wrong with this policy?


From a social justice point of view:


LGBTQIA+ people, but especially Trans people, are massively underrepresented in the field of outdoor education. In my academic research (happy to send you the references) the barriers can be summarised as lack of representation, fear of homophobia and transphobia, policies not written by people with lived experience and lack of understanding of LGBTQIA+ issues.


This policy amounts to segregation. A trans man, for example, is being told to use either the women's dorm or the mixed-gender dorm. Most women who have opted for a women's only dorm aren't going to be best pleased when a man with a full beard and bald head walks into the women's dorm because he is trans and using, as instructed, the dorm that aligns with his "biological sex" (which is problematic on its own as what even is biological sex anyway? Body parts? chromosomes? Hormones?). The trans man will have no choice but to use the non-gendered facilities. The trans woman who has suffered from years of minority stress and violence? Well, she also has no choice. This policy tells her she can't use the gender-affirming women's dorm with her friends, and she can't use the men's dorm as that may be very dangerous for her. So she also has no choice but to use the mixed-gender spaces. So the mixed-gender spaces suddenly became a place to put all the trans people together because the FSA told us we had to.


Let me ask a question. When you use a toilet at the supermarket, do you just use the toilet that feels the most comfortable to you? Personally, I use the disabled toilets because I am non-binary, and they are non-gendered. But I am also neurodivergent and hate the noise from the hand-dryers. I haven't yet been to a place where the signs on the toilets say "BIOLOGICAL FEMALES ONLY" on the door, I doubted i ever would..... until i read this policy.


What about the trans people who haven't told people they are trans? Do they now have out themselves and tell their friends they can't share the women's only dorm with them because the FSA decided that they are not allowed to do so? They say they are going to "ensure compliance", will they ask people to do a chromosome check at the toilet door?


The problem here is CHOICE. A policy should be giving people the right to choose, especially marginalised groups. If someone isn't happy that trans people are using their legal right to use gendered spaces, then they can CHOOSE not to stay in a dorm; they can stay in the individual accommodation.


What this policy does is create a dangerous climate for trans people who will no longer want to attend the conference, feel pushed out and then the cycle of social injustice continues. I know this because I am a trans person and that is how I feel. Is this really who the FSA want to be?


The law:


It can be argued that this policy breaks the law because it does not protect the rights of trans people.


The Equalities Act 2010 protects many characteristics; the 2 that are important here are gender reassignment and sex. Gender reassignment means all trans people, and is inclusive of non binary people, you do not need to have undergone any medical transition to be protected by this law. Sex means legal sex, which is either the sex assigned to you at birth or what is written on your gender recognition certificate.


In the case of trans people, you can only ban trans people from gendered spaces if you have a legitimate reason. This is taken from the European Human Rights Commission website;



I assumed the complaint made that led to the policy being written was against a trans person. It wasn't, it was about the fact that all the dorms and spaces used to be mixed gender and there wasn't a gendered space option. They created gendered and non gendered spaces, that was enough, they didn't have any reason to tell people to use the dorm and toilets that aligns with their "biological sex".


NOTHING ABOUT US WITHOUT US


Forest School is all about learning from the mistakes we make. I always go in assuming good intentions, and in this case, I thought it was absolute naivety about trans issues that caused this policy to come into existence. So, I emailed the FSA. I gave them the benefit of the doubt. I told them I didn't know what to do and that the policy made me feel unsafe. The email exchange instead turned into an "interesting" lesson that my voice and experience did not matter, that the FSA was not about its members and that the policy was written without any consultation with affected groups. It did not even go through the board for approval. Here are some quotes from the FSA representative to me (ask me for the full exchange):


"Competing rights must be balanced. For instance, sex-based rights must be balanced with individual beliefs.  Also, inclusion works in all directions. Certain groups are more socially conservative than others and we would not wish for them to feel unable to participate in the conference due to there not being single-sex spaces available. The policy asks that, if selecting single-sex spaces, they correspond with your sex. However, provision has been made for people who do not feel comfortable in such single-sex spaces."

(I am not sure I need to explain how problematic this is. It does demonstrate where the FSA prioritises participation, they state clearly that socially conservative groups have more right to attend than trans people.)


"You seem to be using the terms sex and gender interchangeably. Sex in humans is a binary (almost always) and is determined by biology (by coincidence, the NHS has made an announcement about this today). Gender is a social construct. There are an infinite number of ways in which someone may identify. You reference 'single gender rooms'. We do not offer single-gender rooms. We offer single-sex rooms"


"We are in line with the law but not, it seems, with your personal beliefs"

(I would argue the policy is not in line with the law)


So, I made a formal complaint about the policy and about the email exchange.


Months later......


A lot has happened since then. There were multiple board meetings, and I spent hours on Zoom with Sarah Lawfull, the current chair of the committee. I have spent hours and hours and hours of free labour giving advice to anyone I could on how to write a policy to be trans-inclusive (to be honest, they just didn't need a policy at all). I have cried, been up all night, and watched with sadness as the excitement around the conference built.


At many points I felt like giving up, minority stress is very real and things like this impact enormously on the groups they target.


I received an apology. I was told the FSA would do better. I was told the policy was being rewritten, consultations were happening, and progress would be made! I thought it would all be worth it. Then, the new policy came out. I have placed it at the bottom of this page as it's quite long.


Summary of the policy: The FSA stands by excluding trans people from gendered spaces, including toilets, with some added (incorrect) explanations of terminology.


So, here we are. I have decided to write this blog post to make a point. The FSA has become a system of oppression, and all systems of oppression work together. If I am honest, posting this has filled me with dread. When I share things about trans issues, I almost always get transphobic people saying hateful things to me. Here are two examples, one was a comment about our pride forest school and the other about my LGBT walking group






:

I decided that despite the attempts to make me feel guilty about taking up space and time on this issue, the attempts to tell me I was wrong, this time, I would keep fighting. There are very few trans Forest School Leaders, and for the sake of all those who come after me, I must make this stand. It is time for us all to raise the voices of minorities and marginalised groups. In the words of Billy Bragg, "Which side are you on?"






Revised policy, published September 2024


2024 National Forest School Conference policy on Sex and Gender-based spaces

Background:

Following comments and concerns raised in previous years, we have produced a policy on sex and gender-based spaces at the conference.

1. This policy only applies to accommodation, toileting, and hygiene facilities at Danbury Outdoors in Essex in 2024.2. Conferences will have their own accommodation, toileting, and hygienic policies, which will be created to maximise the number of spaces available for the varying needs of conference attendees.3. Explanation of Terminology (Appendix see below)4. Due to the timeline under which this policy was written, the FSA is aware and regrets that full consultation from affected groups was not sought.5. The FSA aims to improve by seeking consultation with wide-ranging organisations and encouraging members to offer suggestions on improvements that could be made to future policies.6. Information will be collected from the post-conference questionnaires sent out to attendees.2024 National Forest School Conference Sex and Gender PolicyObjective: This policy is designed to ensure a respectful, safe, and inclusive environment for all participants of the 2024 National Forest School Conference, acknowledging the diversity of gender identities and the preferences of attendees.

 

Accommodation Arrangements:

● Individual Accommodation: Anyone who does not wish or who feels unable to share can choose from a range of individual accommodation options, including camping, tent hire, campervan, and offsite accommodation.● Mixed-Sex Accommodation: Two dorm rooms will be available for mixed-sex use, accommodating all gender identities.● Single-Sex Accommodation: Most indoor accommodations will be single-sex. If opting for single-sex accommodation, participants are expected to choose the accommodation that aligns with their biological sex (except when booking a twin room with a friend).

Toilets and Showers:

● Provision for all genders: Individual toilet and shower facilities willbe available for anyone, regardless of gender identity, who may notwish to use the single-sex facilities or prefer more privacy.● Single-Sex Facilities: There will be toilets and showers designated for use by individuals based on their biological sex.

Policy Guidelines:

1. Respect for Choice: All participants are expected to respect others' choices in their use of dormitory and bathroom facilities. Harassment or discrimination based on sex or gender identity will not be tolerated.2. Privacy and Safety: Efforts will be made to ensure privacy and safety for all attendees while using any of the conference facilities.3. Inclusivity: This policy is crafted to be inclusive, allowing everyone who wishes to attend the conference the ability to do so comfortably and safely regardless of their gender identity or views on gender separation in accommodations.4. Feedback and Adaptation: Feedback on this policy is welcome and will be collected during and after the conference to adapt future arrangements to better meet the needs of all attendees.Implementation:●: Clear signage will be placed at all dormitory and facility entrances, indicating the designated use as outlined in this policy.● Conference staff will be trained on the policy details and availableto assist attendees and ensure compliance with respect for allindividuals.● Any complaints regarding breaches of this policy should bedirected to conference staff, who will address them promptly andconfidentially.● Participants violating the respect and safety of others may be subject to appropriate action, including removal from the conference to maintain a safe environment for all attendees.

Appendix

Explanation of Terminology

This section clarifies the specific terms used in this policy to ensure a clear understanding of the language and its implications for all attendees.

Sex: The term “sex” refers to the biological differences between males and females, defined by physical characteristics such as chromosomes, reproductive organs, and secondary sexual features. In legal contexts, particularly under the Equality Act 2010, “sex” is a protected characteristic, meaning individuals are legally protected from discrimination based on whether they are male or female. The use of “sex” in this policy is intended to align with legal definitions and ensure that facilities like accommodation, toilets, and showers are organised in a way that respects these biological differences, particularly when it is necessary to ensure privacy, safety, and or dignity.

Biological Sex:“Biological sex” is a more specific term to describe the physical and anatomical attributes distinguishing males from females. This term has used in the policy to clearly define spaces or facilities that are separated based on these inherent biological characteristics. The choice of this term is crucial in a context where physical differences may impact the privacy or comfort of individuals, such as in shared living spaces or personal hygiene facilities. While we recognise and respect that gender identity may differ from biological sex, the use of “biological sex” in this policy ensures compliance with legal requirements and caters to the needs of those who may require single-sex spaces based on these physical characteristics.

Gender Identity: Gender identity refers to an individual’s deeply held sense of their gender, which may or may not align with the sex they were assigned at birth. Unlike“sex,” which is biologically determined, “gender identity” is a personal and often complex experience that can include identifying as male, female, both, neither, or somewhere along the gender spectrum. Gender identity is also recognised as a protected characteristic under the Equality Act 2010, meaning individuals are legally protected from discrimination based on their gender identity. This policy acknowledges the diversity of gender identities and strives to provide accommodations that respect and include all participants, regardless of how they identify.

Protected Characteristics: Protected characteristics are specific attributes defined by the Equality Act 2010 that are legally protected from discrimination. These characteristics include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.This policy specifically addresses the protected characteristics of sex and gender reassignment (which relates to gender identity) to ensure that all attendees are treated with respect and dignity. By recognising these protected characteristics, the policy aims to create an inclusive environment that complies with legal standards and meets the diverse needs of all participants.

 














 

 

 

 

 

 

 

 




















 

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