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Feminism: Sex and gender discussions

Question for any lawyers reading

28 replies

LemonJello · 22/11/2017 14:51

This is a question regarding the proposed changes to legislation which would see ‘gender identity’ become a protected characteristic.

Is there any other law, passed at any time and in any country in the world, which enshrines individual subjective belief over shared material reality and understanding?

If there is, what was is and what were the implications/ cases that resulted? (Maybe creationism being taught in schools? I don’t know)

I’m also interested in the precedent that this may set. Not in terms of obvious things like ‘trans age’, although those are worrying, but other possibilities that we haven’t thought about yet. Would this law set a precedent for things like that? What legal arguement would you use against age identity if gender identity is recognised?

Thank you Smile

OP posts:
SomeDyke · 22/11/2017 15:56

As I understand it, other protected wotsits are based on you discriminating against someone based on either their sex/sexual orientation etc of your perception of that. So, for something to be homophobic, you don't have to first prove that the supposed victim is gay. Whereas as far as TRAs would have it, if John from accounts turns up in a dress and now wants you to call him Samantha, and treat him like one of the girls -- you would be required to suddenly start treating him differently. How does my behaviour towards someone be okay one day and not the next based on what has changed in between their own perception of themselves and their supposed disclosure of that fact to me. And even more confusing if John didn't dress differently, or name change, or shave off his beard, just announced that he is now a woman...............If your behaviour changes because of that declaration, isn't that actually sexism (if you believe that he is a woman). If someone declared any other personal belief (like they'd become a muslim) and you then started treating them differently because of that, then that would problematic, surely?
Gender presentation, I can see how you can have a meaningful anti-discrimination law based on that, but self-declared identity? Always ends up descending into sexism, frankly.

LemonJello · 22/11/2017 15:07

Yes but religion is recognised as a belief, and the right to hold that belief is protected. The manifestation of the belief is only accepted to a point, so the holders of that belief are forbidden to discriminate against anyone else based on that belief for example.

The manifestation of race/ethnicity is usually based on country of origin and skin colour. So everyone has a shared understanding of what those things are/ mean.

OP posts:
morningrunner · 22/11/2017 14:55

This reply has been deleted

Message withdrawn at poster's request.

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