Raquel Rosario Sánchez on The remarkable poise of Allison Bailey:
In her month-long Tribunal, Bailey alleges that both her chambers, Garden Court, and Stonewall discriminated against her after she expressed the view that biological sex is a reality. She started expressing concerns after her chambers, like hundreds of public and private bodies around the UK, signed up to Stonewall’s Diversity Champions scheme.
This scheme enables the trans lobby group to supervise, vet and influence an organisation’s internal policies. The scheme argues that everybody has a inner “gender identity” and that this trumps people’s biological sex, in all aspects of private and public life. In her witness statement, Bailey explains why this did does not sit well with her:
My experience of being female has not been defined by my feeling female. I don’t know what it means to feel female; I just am female. My life has been defined by having a female body: gynaecological problems, sexual abuse in childhood, sex discrimination, being a lesbian, a black woman, gender non-conformity and menopause. These experiences are all located in my physical, female body. I cannot identify into or out of them.
This represents a problem for any law firm because Stonewall, through its “trans women are women” sloganeering, has sought to get ahead of the law, advocating against the legal rights that women and LGB people already hold in the UK....
When Allison Bailey voiced her opinion, Stonewall filed a complaint against her, demanding that her Chambers investigate her for “transphobia”, which they duly complied with. Kirrin Medcalfe, Head of Trans Inclusion at Stonewall, wrote to her employers:
For Garden Court Chambers to continue associating with a barrister who is actively campaigning for a reduction in trans rights and equality, while also specifically targeting members of our staff with transphobic abuse on a public platform, puts us in a difficult position with yourselves: the safety of our staff and community will always be Stonewalls first priority. I trust that you will do what is right and stand in solidarity with trans people.
In a highly competitive field where black women are underrepresented at the bar and those that do make it get paid the least when compared with their colleagues, this threatening email from Stonewall sought to expel the high-profile and successful Bailey from her chambers simply for dissenting. When Medcalfe, a white man, was questioned about the complaint he filed as a witness during her Tribunal, he asked for last minute accommodation so that he could have his mother, a support dog and a support person to handhold him through the cross-examination. The Tribunal acquiesced.
Nobody accommodated Allison Bailey while she withstood the onslaught from trans activists and an openly hostile work environment inside her chambers. On the contrary, she had to put up with a climate that was expressly disrespectful of her. Employees and barristers would oftentimes refer to her in internal communications as “delusional”, “unprofessional”, “a massive hypocrite” and “the terfy barrister”.
Her work load was vastly reduced. Her security concerns, given the climate of abuse meted out against feminists who speak out in favour of sex-based rights, were dismissed or entirely ignored by her chambers, who showed her no sympathy. On the contrary, she was the one who was framed and treated like a problem. Her white, male colleagues kept transcripts of her private conversations and shared them with the people investigating her.
People watching her cross-examination saw the thoughtful and measured Allison Bailey belittled and dismissed by Defendants who sought to characterised her as an “angry” black woman who just needs to calm down....
The purpose of the “angry black woman” trope is to create caricatures out of complex people. A black, lesbian barrister who has endured slight after slight, is presented as uncivil and improper in the insipid environment of a courtroom, even when her speech and cadence is tempered and restrained. If she were to complain about this one-dimensional narrative created about her, this would become further evidence of her aggressive nature.
We are living through a period of mass delusion, in which trans lobby groups demand we ignore material reality and replace it with autocratic dogma. Organisations like Stonewall and Garden Court Chambers should be celebrating women like Allison Bailey. In order to become a criminal barrister, she had to overcome immense odds and prejudice. Yet, when she spoke out, she was targeted and ostracised.
Deep down, like many women having to be poised and articulate while their detractors get coddled and rewarded for their yobbish behaviour, Allison Bailey must be seething with rage. Yet she is not allowed to display anything other than immaculate decorum, and she has more than risen to the challenge.
There could hardly be a clearer demonstration of the different standards at play here, where the white male "head of trans inclusion" is allowed to have his mummy, a support dog, and a support person to hold his hand through the cross-examination, while the black defendant is treated with barely disguised condescension.
Jo Bartosch unpacks that "angry black woman" trope:
"Take a breath” instructed Barrister Andrew Hochhauser QC. Allison Bailey, the black, lesbian barrister he had been cross-examining replied, “I don't need to take a breath — don't patronise me.” Without waiting to inhale himself, Hochhauser called Bailey, “angry,” an accusation she neatly rebuffed with well-practiced composure.
This small exchange was loaded: a white man tried to goad a black woman, and when she responded by asserting herself and drawing attention to his tactics, he cynically pulled-out the “angry black woman” trope to undermine her credibility. As a witness in her own case, Bailey was not afforded the space to express how she may have felt, though her resolute rebuttal was exquisite. It spoke of a lifetime of having to politely correct bigoted bores without rising to their bait.
Whatever our color or sexual orientation, any woman watching that exchange would doubtless recognise to varying degrees what Hochhauser was trying to do. In Bailey’s case, there are dimensions of racism and lesbophobia. But, more broadly, male abusers the world over use similar tactics to undermine the credibility of women. Often this is accomplished by zooming-in on the incidental, the small details — after all, who would interpret advice to “take a breath” as hostile?
Acts where men assert their dominance are presented as gifts. The kindly neighbor who believes that having matching chromosomes means one needs help backing into a parking space. The “compliment” from a stranger who remarks we “look so much prettier when we smile.” The instructive lesson on politics from a dullard at a party who assumes his female would-be interlocutor has been hitherto trapped in a walled convent, with no knowledge of current affairs. Objecting to such male beneficence would be churlish and hostile, but the impact of biting it back with a smile is a soul-crushing death by a thousand slights.
Sometimes, powerplay isn’t sanitized by a veneer of chivalry or humor but, in those instances, politely excusing it is still deemed the only socially acceptable option.