The Hate Crime and Public Order Bill arrives at a point where the debate around gender identity and sex is contested and volatile, and introduces new ‘stirring up hatred’ offences, which includes transgender identity.
Highlighting the lack of a freedom of expression provision for transgender identity, the Scottish Police Federation submission to the Justice Committee states that 'People are already frightened to enter the trans debate…’ https://spf.org.uk/wp-content/uploads/2020/07/Hate-Crime-Media-Release.pdf
The following links show where people have already felt justified in trying to limit as “hateful” the expression of certain views which other people hold to be important statements of fact, with no hateful content.
A transgender woman is accused of hate speech for wearing a t-shirt stating “Trans women are men. Get over it!” https://www.telegraph.co.uk/news/2019/12/22/transgender-woman-accused-hate-speech-wearing-t-shirt-stating/
Referring to stickers that are understood to say ‘Female is a biological reality’ & ‘Woman. Noun. Adult Female’, the University of Edinburgh Principal states Police Scotland has been contacted, and those responsible will be traced via CCTV & disciplined. https://www.thetimes.co.uk/article/principal-backs-transgender-students-over-hurtful-stickers-9jpztg2tz
A University of Edinburgh event to discuss sex-based rights is said to afford "credibility to… views expressing hate and phobic sentiments towards members of the University community” and provide "material support to speakers with a transphobic agenda”. https://www.change.org/p/university-of-edinburgh-edinburgh-university-transphobic-event-is-unacceptable
MSP Patrick Harvie states that the Scottish Parliament was used as a platform for transphobic hatred and bigotry, in reference to an event at which Meghan Murphy spoke about her belief in sex-based rights. https://www.scotsman.com/news/politics/patrick-harvie-accused-smear-over-claim-parliament-was-platform-transphobic-hatred-1740616
Freedom Press describe the feminist group @Womans_Place_UK as a transphobic hate group that propagates violent anti-transgender rhetoric. https://freedomnews.org.uk/say-no-to-transphobia-brighton-a-report-on-protest-against-wpuk/
The Equality Network describes those arguing for a separate sex and gender identity question in the census as ‘anti-trans lobbyists’.
https://mailchi.mp/equality-network/help-us-protect-scotlands-census-1588169
https://mailchi.mp/equality-network/help-us-protect-scotlands-census-1588169
Charity Mermaids state that sharing JK Rowling’s blog “mightn’t necessarily be treated as a deliberate act of transphobia” but could also be “a deliberate act of aggression and "severe harassment" https://twitter.com/MForstater/status/1286609951239155715?s=20
MP Nadia Whittome states that to debate issues around trans rights is a “foot in the door for doubt and hatred”.
Sarah Phillimore discovered she was on a police database though police agree she has not committed any offence & she strongly contests any hate. Her case raises qns about record keeping of "stirring up" reports, even where the police take no further action https://twitter.com/SVPhillimore/status/1288385575318425601?s=20
Complaints are made to Network Rail that a poster at Waverley Station saying "I
JK Rowling" is transphobic and the company is asked to take it down. The company agrees to do so, "owing to its political nature". https://www.thetimes.co.uk/article/jk-rowling-edinburgh-rail-station-advert-in-support-of-author-removed-m9ptsc872

Our article in Scottish Affairs last August was subject to an attempt to stop publication, based on an accusation of transphobia. The only evidence offered was an objection to the way we had used the word 'woman'/ https://www.thetimes.co.uk/edition/scotland/academics-tell-of-bid-by-edinburgh-university-press-to-censor-article-on-transwomen-5frs77fhd
We give a full account of what happened as part of our evidence to the Justice Committee on the Hate Crime and Public Order (Scotland) Bill. https://murrayblackburnmackenzie.org/2020/08/01/mbm-submission-on-the-hate-crime-and-public-order-scotland-bill/
Our statement about Edinburgh University Press and our Scottish Affairs article: https://murrayblackburnmackenzie.org/2020/08/01/statement-about-edinburgh-university-press-and-our-scottish-affairs-article/
Labour affiliated group LGBT+ Labour Scotland have accused Labour MSP @JennyMarra of sharing tweets which "promote fear and discrimination" against trans people after she questioned the terminology used by NHS Lanarkshire in a policy document.
In April 2019 Glasgow Life is reported as telling staff they could report as hate incidents complaints about who its trans policy allows in women-only spaces, including males who "feel more comfortable expressing themselves in feminine clothing". https://www.dailyrecord.co.uk/news/scottish-news/row-erupts-cross-dressing-men-14444999
Devin and Cornwall Police confirm they have spoken to a woman about “potentially hateful” stickers stating “Modern Day Witch Hunts I Refuse to Bow Down” and “Don’t flush our rights down the toilet. Protect single sex spaces.” https://www.mirror.co.uk/news/uk-news/mum-hate-crime-probe-after-22563314
A poll taken in Scotland shows that 21% of people agree with the statement “It should be a criminal offence to say that someone born biologically male cannot become a woman”. (48% disagree, 28% neither agree nor disagree, 4% don’t know.) https://www.scotsman.com/news/politics/majority-scots-oppose-new-hate-crime-laws-poll-suggests-2950314
Detailed results show the differences are largest by age. More of those aged 16-24 agree it should be a criminal offence than disagree (40% vs 35%), with older groups more likely to disagree. Age 35-54 21% agree, 44% disagree; 55+ 11% agree, 56% disagree. https://comresglobal.com/wp-content/uploads/2020/08/Final-Free-to-Disagree-Scotland-Poll-Tables-20200814_Private.pdf
Campaign group TransActual's definition of transphobia includes "Claiming there is a "conflict" between trans people's human rights and those of any other group".
https://www.transactual.org.uk/transphobia
https://www.transactual.org.uk/transphobia
A billboard stating 'I
JK Rowling' went up in Vancouver on Friday last week. It was removed the next day following complaints. City councillor Sarah Kirby-Young claimed that the billboard's "clear, intentional messaging" was "meant to stoke hate, exclusion and division".

Our latest blog considers whether making simple statements of fact and/or campaigning for women-only single sex spaces could be captured by Part 2 of the Hate Crime and Public Order (Scotland) Bill: https://murrayblackburnmackenzie.org/2020/11/26/the-hate-crime-and-public-order-scotland-bill-a-reassurance-that-does-not-reassure/