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Feminism: Sex & gender discussions

Girl's legal challenge to CPS!

102 replies

BovaryX · 16/05/2020 07:04

I haven't seen this posted already, apologies if I missed an existing thread. The Times is reporting that a girl is challenging the CPS over 'pro trans' bias. Another legal challenge, another example of the flimsy construction of these policies.

^Girl, 14, takes on prosecution service over ‘pro-trans bias’ The girl has already forced the CPS to withdraw guidance on transgender bullying
A teenage girl has threatened the Crown Prosecution Service with legal action over its alleged bias about transgender issues. Lawyers for the 14-year-old have told the CPS that it must pull out of a “diversity champions” programme run by the charity Stonewall, which campaigns for equality for lesbian, gay, bisexual and trans people.
The campaign group gives diversity awards to employers who support gay, lesbian, bisexual and transgender staff members and expects them to do so “beyond” the workplace, encouraging members to be “advocates and agents of positive change”.A pre-action letter issued by the girl’s lawyers said the CPS’s association with Stonewall put it in breach of the law by failing to show impartiality on transgender rights. Stonewall believes that gender identity should be treated as a protected characteristic and therefore carry legal protection under Equalities Act 2010^

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BovaryX · 16/05/2020 07:07
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BovaryX · 16/05/2020 07:09

the new case concerns the CPS’s promise of an internal review of the guidance, which the girl’s lawyers said is based on a misrepresentation of the law that reflects Stonewall’s campaigning position. The case could have far-reaching implications for dozens of Whitehall departments and other public bodies who are members of Stonewall’s scheme.The girl said: “I do not believe the CPS can be fair as they are listening to Stonewall, who are misrepresenting what the law says about my rights to female-only spaces. I do not trust them to focus on the safety, privacy and dignity of girls, or to balance the rights of all young people in schools

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mcduffy · 16/05/2020 07:10

Cross posted! I'll ask for my thread to be deleted Smile very good news for the day!

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BovaryX · 16/05/2020 07:12

Hey mcduffy, cheers! It's very good news. The crumbling begins....

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LizzieSiddal · 16/05/2020 07:19

Blooming heck that’s fabulous news. Let’s hope Stonewall are quaking in their boots.
I’m in awe of this brave girl and the other girls who are sticking their heads above the parapet. They really are the 21st century Suffragettes.

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BovaryX · 16/05/2020 07:23

I’m in awe of this brave girl and the other girls who are sticking their heads above the parapet. They really are the 21st century Suffragettes

I think what's interesting is that the construction is so flimsy and it has no legal basis under the 2010 Equality Act, as multiple posters here have repeatedly stated. The House of Cards is crumbling....

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LizzieSiddal · 16/05/2020 07:27

Yes that is true, and it makes it even more frustrating that women/girls are having to fight against this, when as you say, the construction has no basis in Law.

Men, riding rough-shot over women and their rights. . I suppose it was ever thus!

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ItsAllGoingToBeFine · 16/05/2020 07:28

Good. It's about time that programme was critically examined. As I understand it, it's all about buying woke points from Stonewall. Buy enough and you are a "diversity champion" - it's not like it's a neutral examination of a companies procedures.

And the face companies and gov departments are paying them for training in misrepresenting the law is frightening.

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NotBadConsidering · 16/05/2020 07:37

From the article:

A spokesman for Stonewall said: “The diversity champions programme supports organisations to make their workplaces more inclusive of lesbian, gay, bi and trans people. This work is absolutely vital as more than a third of LGBT staff, 35 per cent, hide who they are at work while one in five, 18 per cent, have been the target of negative comments because they’re LGBT. We’re proud to work with so many different organisations who want to create spaces where every LGBT person is accepted for who they are.”

Yes that’s lovely, Mr Spokesman (not person?Hmm) but how is that in any way relevant to making a 14 year old girl change in front of a male stranger? And how is it appropriate that the CPS do that?

It’s almost as if Stonewall don’t want to answer the real questions...

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Acis · 16/05/2020 07:39

I can't see it getting anywhere, to be honest. She has a major hurdle to get over in terms of her locus to bring a claim.

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testing987654321 · 16/05/2020 07:42

Wow! Getting to the heart of the matter, why is the CPS effectively campaigning for Stonewall? That's not its job.

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NotBadConsidering · 16/05/2020 07:44

Not get anywhere? She’s already been successful in getting Oxfordshire council to withdraw their guidance. I wouldn’t bet against this being successful either.

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Cuntysnark · 16/05/2020 07:59

She’s a bit bloody marvellous.

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Sittinonthefloor · 16/05/2020 08:00

‘18% have been the target of negative comments because...’ it’s awful that it still happens but if you think how homophobic society was 20 or 30 years ago that is some serious progress - which stonewall should be proud of. It may explain their shifting focus though!

All charities suffer from the fact that if they succeed in their mission then they are out of a job and their supporters no longer have their particular cause to support.

I wonder what percent of women have had negative comments because they are women?

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BovaryX · 16/05/2020 08:00

Wow! Getting to the heart of the matter, why is the CPS effectively campaigning for Stonewall? That's not its job

This. It's interesting, isn't it? The flipside of institutional capture is the institution in question is failing in its duty of impartiality. I wish her every success. Because as you say, this is the core issue.

a pre-action letter issued by the girl’s lawyers said the CPS’s association with Stonewall put it in breach of the law by failing to show impartiality on transgender rights

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NonnyMouse1337 · 16/05/2020 08:36

I hope she has a strong case. It sounds promising. I can't wait to see the response from the CPS!! Grin

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Whatisthisfuckery · 16/05/2020 08:44

Excellent! Stonewall does not make the law, and the bloody state prosecutor should not be acting like their private enforcer.

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HorseRadishFemish · 16/05/2020 08:51

I can't see it getting anywhere, to be honest. She has a major hurdle to get over in terms of her locus to bring a claim.

How insightful of you. Or should I have said inciteful? I'm a bugger for the spelling, me.

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2fallsagain · 16/05/2020 09:26

Hi everyone, thanks for starting a thread. I was a bit slow off the mark this morning. See SSAUK Twitter thread here linking to the full press release. Safe Schools and Fair Cop are supporting her.

twitter.com/SafeSchools_UK/status/1261554175198072832?s=20

Just for clarity, this is a different claimant to Oxfordshire. There are to teenage girls standing up for their rights.

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2fallsagain · 16/05/2020 09:28

I can't see it getting anywhere, to be honest. She has a major hurdle to get over in terms of her locus to bring a claim.

Why do you say that? The CPS should be impartial. Partnering with a lobby group makes them impartial. This is ripe for Judicial Review. And all the other government bodies who are also partnered with Stonewall need to take note.

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OvaHere · 16/05/2020 09:34

This is great. Well done to that young girl.

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Ereshkigalangcleg · 16/05/2020 09:40

Excellent! Stonewall does not make the law, and the bloody state prosecutor should not be acting like their private enforcer.

Quite.

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Igmum · 16/05/2020 09:42

World's most brilliant teenager! 💐 This is such good news - hopefully the house of cards is coming down

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ChattyLion · 16/05/2020 09:45

Ah just breathing in the lovely fresh air and bright sunlight that are being applied to this undemocratic political overreach that actively seeks to undermines children’s and women’s rights. This gives me so much hope. Wishing this brave girl and her supporters success. Flowers

Also a great quote from SSA UK, to get ‘regulatory capture’ into the conversation. Curious people will begin googling and we all know how where that tends to take us..

Tanya Carter, from the alliance, said: “All policies must be legally compliant and free of political ideology. This regulatory capture cannot be allowed to continue.”

Yes! We need organisations to uphold Nolan principles and the actual law (not lobbyists’ fantasy versions) to protect women’s and children’s opportunities and to stop undermining basic safeguarding.

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