Hate Crime Act: JK Rowling is standing up for free speech for all, including trans rights campaigners who despise her – Euan McColm

As JK Rowling risks arrest in the name of freedom of speech, Euan McColm has never been more proud of her as a friend

When JK Rowling decided four years ago to write a long and thoughtful essay outlining her concerns about trans ideology, she was branded a bigot. Rowling’s views were – and remain – far from extreme. She believes, as do I and many others, that the right to run same-sex spaces is fatally undermined by policies that would allow those born male to access women’s refuges and changing rooms. And she fears the rush to medicalise young people who are confused about their gender is downright dangerous.

Again, this is a perfectly sensible and widely held concern. Indeed, in the years since Rowling first broke cover on this issue, we have seen governments around the world ban the use of so-called “puberty blocker” drugs on the grounds that they can have a devastating effect on the long-term health of the patient.

Frequently, Rowling’s critics claim her opinions have veered into the criminal. And, desperate to shut her up, campaigners have turned to the law. Until now, such efforts have come to nothing for the very good reason that the important right to free speech – which we should all, regardless of our opinion on any issue, cherish – trumps the feelings of anyone who feels offended.

Following the introduction of Scotland's Hate Crime Act, JK Rowling tweeted that several named trans women are men (Picture: Dia Dipasupil/Getty Images)

Rowling looking forward to potential arrest

The implementation of the Hate Crime Act marks the start of a new era during which we can no longer take our right to free speech for granted. This badly written law, criticised as unworkable not only by Scottish opposition politicians but by lawyers and senior police officers, is wide-open to abuse by activists who – I am certain – will try to use it to silence those who might challenge their views.

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Rowling greeted the dawn of this new bleak and censorious new age by tweeting support for a number of high-profile trans women. The stinger came at noon. April Fool! So far as Rowling is concerned, all of those she named – who were born male – are men.

“I’m currently out of the country,” she wrote, “but if what I've written here qualifies as an offence… I look forward to being arrested when I return to the birthplace of the Scottish Enlightenment.”

Cowardice of Rowling’s peers

We wait to see whether Police Scotland dares intervene. One thing I know for sure is that, though they remain silent on the matter, scores of high-profile figures fully agree with Rowling. Politicians, writers, academics, and entertainers – fearful that activists will target them – prefer to remain silent on the issue.

The cowardice of those among Rowling’s peers who say nothing while sharing her views is thrown into sharp focus by her courageous act of defiance. Sure, Rowling’s tweets may have offended some but even those who wish she would shut up must try to understand that her challenge to the Hate Crime Act is an attempt to protect the right of everyone – even those who despise her – to free expression.

A declaration of interest: Jo Rowling is a much-loved friend, a wise, funny and remarkably kind woman whose drive to help those less fortunate than her is relentless. As she risks arrest in the name of freedom of speech, I have never been more proud of her as a friend or more grateful to her as a writer.

I stand with JK Rowling.