Our Stage 2 Briefing on the Hate Crime Bill sets out the need for a tailored freedom of expression protection for transgender identity. We set out 40 examples that show how low the threshold for behaviour or communications considered abusive already is. murrayblackburnmackenzie.org/2021/01/31/hat…
Our examples include the freedom of expression amendments respectively lodged by the Cabinet Secretary for Justice and Liam Kerr MSP, the first of which has already been described as a ‘transphobes charter’.
We show how it can be deemed transphobic to advocate for female-only spaces & services, or collect data on biological sex - and how women have already faced lost their jobs, faced disciplinary action, been interviewed by the police & had their details recorded as a result.
While the Justice Secretary has sought to assure MSPs that the Bill would not be used to criminalise the belief that biological sex is immutable, we think the chilling effects of the Bill would be felt at a much earlier stage.
We concur with the Scottish Police Federation that ‘people are already frightened to enter the trans debate’, and anticipate that the Bill will reinforce the self-censorship and institutional caution that is already evident in this area.
We also expect reporting to the police to increase, and that institutions, police, and prosecutors will come under pressure to block, investigate, or prosecute statements advocating for sex-based rights.
It is clear from our examples that a generic freedom of expression would not mitigate these risks. Rather we believe the Bill requires the type of detail laid out in Liam Kerr’s amendment, that is specifically tailored to the exceptional climate around sex and gender identity.
The full list of grouped amendments can be read here, including the amendment on freedom of expression by @liamkerrMSP referred to in our briefing note: beta.parliament.scot/-/media/files/… 
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