Trans and Non-Binary Inclusion at SWAN

Supreme Court Ruling on Gender Identity

We have been shocked and saddened by the decision made in the Supreme Court which excludes trans women from protections which apply to all women under the Equalities Act. We view any ruling which seeks to define or control what a woman is, looks like or can do as harmful to all women.

The percentage of autistic people who are trans or non-binary, and of those who question their gender and broader definitions of gender identity and expression, is significantly higher than in the non-autistic population. This ruling therefore harms a higher proportion of autistic people.

SWAN has always been a trans-inclusive organisation and will remain so. SWAN staff and volunteers will always do their best to create safe, inclusive and welcoming environments, and SWAN has made a strategic commitment to trans and non-binary inclusion.

As autistic people, who can also experience prejudice, misunderstanding, marginalisation and barriers to accessing healthcare, employment and societal acceptance because of who we are, we know how important it is to extend the same openness and understanding to our trans siblings that we ask of neurotypical people when forming opinions about what it actually means to be autistic.

As autistic people, who struggle to fit in because we are ‘different’, and who are often denied the right to understand who we are and to live safely and happily as our authentic selves, we stand in solidarity with our trans siblings.

SWAN’s Strategic Commitment to Trans and Non-Binary Inclusion

In 2023, the SWAN Board of Trustees unanimously decided to make a formal commitment to the inclusion of trans women and all non-binary people at SWAN, by outlining this commitment in our Strategy, as well as updating our Constitution and our Registered Charity name:

“SWAN was formed in response to a lack of understanding and support for autistic women, at a time when awareness of autism was focused solely on boys and men. As the picture for autistic women has begun to progress, so too has our understanding of gender identity.

Other minority groups within the autistic community are now facing that same lack of visibility and support, including trans women and non-binary people, many of whom are already accessing SWAN as a source of information and support.

We are responding to this by broadening our remit to include all non-binary autistic people, and by actively and explicitly welcoming autistic trans women, while also recognising our responsibility to understand and meet their specific needs and experiences. We recognise that our current language and services are not yet fully inclusive of trans women and non-binary people and this strategy will include steps towards ensuring they are included, involved and supported at SWAN.

To reflect this change, we have updated our name and are now legally registered as SWAN Autism (Scotland) – we will continue to be known as and operate under the name ‘SWAN’.

We remain a gender based, autistic-led charity which focuses on supporting those who, by falling outside of the predominant focus on autistic boys and men, face barriers in their access to diagnosis, information, support and community.”

- Responding to the Needs of our Community, SWAN Strategy 2023.

https://swanscotland.org/news/new-swan-strategy

What Happens Now?

At the moment, though some guidance has been issued, nothing has actually changed in law. 

We will be following the situation as it unfolds and taking proactive steps to ensure all trans women and non-binary people are able to attend SWAN groups comfortably and safely - this will include an audit of the venues we use for our in-person groups.

For more information on understanding the impact of the ruling and how you can show support:

The Equality Network https://www.equality-network.o...

The Good Law Project: https://goodlawproject.org/cro...

Autistic and Living the Dream: https://autisticltd.co.uk/2025...

Kindness, Respect & Inclusion at SWAN Groups

We refer everyone who comes to SWAN, along with Volunteers and Staff, to the Rules and Guidelines for conduct at all SWAN groups and services, which clearly state our values of kindness, respect and inclusion:

Group Rules and Guidelines for all SWAN in-person and online groups:

> Be Respectful

Being hurtful, rude, or disrespectful at SWAN groups is NOT ALLOWED.

While we are all individuals with different backgrounds, political beliefs, religions, and gender identities, please be respectful, compassionate and kind when discussing any topic, including when you disagree with others.

> Be Kind

This is a group for people of all backgrounds to come together, make friends and have nice, supportive conversations.

In general, if you’re making the space uncomfortable for others, that is not acceptable.

Hurtful or prejudiced views will not be tolerated within the group. This includes

• Racism
• Homophobia / Transphobia
• Ableism / Eugenics - this includes all disabilities.

> When Group Rules are not Respected

• If someone breaks a rule, the individual will be talked to in private by a group facilitator.
• We will always try to resolve rule-breaking issues where possible.
• After two incidents however, you may be asked to leave the group.
• If the offence is severe enough (harassment, threatening group members or volunteers, etc.) the member will be subject to immediate removal from the group.

If you’re having trouble with a member of the group not following these rules or making you uncomfortable, please let us know: info@swanscotland.org