On the wooden panel outside Lamb Chambers in the heart of The Temple, a new tenant has made legal history.
Oscar Davies is thought to be the first barrister whose name appears on a chambers’ board using the gender neutral honorific Mx — which, Davies explains, can be pronounced as “mix” — instead of Ms or Mr.
Davies is biologically male, but identifies as non-binary and prefers to use the pronouns they/them, although is also content with he/him.
“I don’t love the word non-binary — it creates another category,” says Davies, who would prefer that genders did not exist.
“It’s difficult to explain what is integrally a very visceral feeling. I always knew there was some dissonance between my assigned gender and how I felt.”
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Conceptually, the junior barrister argues, it is about separating gender identity and gender expression: “If you look at it as your body being one thing and your mind being another, gender identity is how you identify regarding your body and mind — it is an internal deep-rooted sense of self.”
In contrast, gender expression relates to how individuals externally expresses gender identity, Davies says, adding: “If you’re non-binary, that does not mean you are going to present as androgynous.”
From a personal perspective, Davies says that “I knew that if I remained as he/him for the rest of my life, I would have been lying to myself”.
Called to the bar in 2018, Davies came out in professional life last summer, co-authoring a blog post on the decision of the employment tribunal in Taylor v Jaguar Land Rover, which gave non-binary and gender fluid people protections under the Equality Act 2010.
A solicitor who co-authored the piece suggested that each put their chosen pronouns at the top – something that Davies was initially uncertain about doing owing to not at that stage having secured a tenancy.
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Davies bit the bullet, and after coming out was “pleasantly surprised” by the chambers’ reaction. And when offered tenancy, the set’s administrator asked what to write on the board.
The barrister says the decision to use Mx has been well-received by colleagues, adding: “I’ve been quite humbled by the response. I wasn’t sure how people would respond and wondered whether my ideas of gender identity are too extreme for some people.”
Instructing solicitors, Davies says, have been supportive, adding: “As long as I’m doing a good job and getting results they don’t really care.”
When it comes to court, Davies has adopted the “compromise position” that “I’m not going to correct a judge or opposing counsel in short hearings. When it comes to longer hearings and trials, I’ll decide what to do at the outset.”
Davies came out to “fairly liberal and very supportive” parents at the same time. “I told them, ‘It makes no difference to how you treat me – just try to call me they rather than he’.”
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Now 26, Davies was born in Oxford and was offered a full scholarship to Christ’s Hospital before getting a choral scholarship to King’s College, London to study French and history.
While at university, Davies began thinking more about gender identity, writing a dissertation on hermaphrodites in the 16th century. Toying between law and journalism, Davies obtained work experience in both before plumping for the former.
After completing the law conversion and Bar courses at City Law School with the support of scholarships, Davies was an intern with Judge Vajda, QC, at the Court of Justice of the EU.
Next was a pupillage at 1 Brick Court, which dissolved, forcing the barrister to make late applications to other chambers and receiving two offers. They opted for Outer Temple but Covid-19 struck during the second six-months stint, which meant they could only attend two hearings.
Davies was not offered a tenancy at Outer Temple and did a third six at Lamb Chambers.
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In personal life, Davies does not always present as male. But professional life requires a binary choice, a situation that the barrister describes as “oppressive”.
Davies states that although the law protects gender identity, gender neutral people are not able to express their identity in the way they dress in court.
“Female colleagues have more latitude as to what they can wear, but people perceived as male must wear a suit and tie. Why can I not wear a smart black polo neck?”
Davies accepts that the Bar is a profession “steeped in traditionalism” but argues that not all tradition is helpful, stating: “Law is based on precedent, but must also move with the times.”
Perceiving the Bar as conservative, Davies was nervous about fitting in — but the profession has ultimately proved to be a broader church than anticipated.
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The barrister is part of a “visibility project” run by FreeBar network, and the Bar Lesbian and Gay Group to promote 50 diverse barristers.
“It’s designed to show that all these different people exist at the Bar and that it’s a safe space to be in,” Davies explains.