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Feminism: Sex and gender discussions

The Man Friday campaign is likely to harm cisgendered women

340 replies

SarahAr · 22/03/2018 18:44

Although I applaud the audacity and bravery of the women who decided to identify as men and use the mens' changing room at the Dulwich Leisure Centre, sadly their campaign is misguided and is likely to lead to harm to cisgendered women.

The only law in England and Wales that gives someone who was born male the right to use female spaces, such as changing rooms, is the Equality Act. On the face of it the act only applies to those who propose to undergo, are undergoing, or have undergone a process to reassigned their gender. To understand how it is interpreted though you need to look at the case law. The leading case is Croft v Royal Mail and although it applied to an earlier statute in a slightly different context, it is still good law. This case held that a transwomen would only acquire the right to use the women's toilet at work when she was significantly advanced in her transition.

So the law today does not allow men (or women) to self-id their way into the opposite gender's changing room. And the government has stated that it is not going to change the Equality Act so the law in this area will not change. And as far as I know, no pervert has succeeded in using the Equality Act to access a changing room in the 7 years that the Equality Act 2010 has been law.

The government has announced however that it is considering simplifying the process of changing legal gender under the Gender Recognition Act. However, and this is the crucial point, if a man changes his legal gender to female it does not give him access to female spaces.

There is a myth that with self-identification a man would be allowed to say that he is a women - say on Friday afternoons. However, nothing could be further from the truth. If the process in Ireland is followed a legal instrument - a statutory declaration - has to be filled out in front of a solicitor or other suitably qualified person. And the wording has to say he has a "settled and solemn intention to live in the preferred gender of female for the rest of [his] life". And lying on a statutory declaration in the UK is a criminal offence - punishable with up to 2 years in prison under the Perjury Act.

If a man were to change to his legal gender to female and sneak his way into the women's changing room it would still not prevent him from committing the offences of Voyeurism and Exposure. Both of these offences are drafted in gender neutral terms.

Not only is the Man Friday campaign unnecessary, it is positively harmful. The constant stream of articles in the media saying that men can identify as women on a Friday and use the women's changing rooms have two effects. Firstly, people who work in leisure centres believe this to be the law and stop challenging creepy guys trying to access the women's changing room. Secondly, it gives perverts the idea that they have the legal right to perform perverted acts. (they don't and these acts remain criminal offences)

And this is not just a theoretical analysis - this actually happened in Seattle, Washington. After a prolonged Republican media campaign stating that a new law allowed perverts to access the women's changing room, a man took them at their word and, claiming rights under the new law, decided to change with the women. And the sad thing is that the staff confused by the media coverage did nothing to stop him. But the kicker is that the new law did not allow a man to self-id his way into the women's changing room. And this is not my legal analysis - this is the legal analysis of the Washington State Human Rights Commission.

So in summary women's spaces are not threatened by either the current law or the government's proposed changes. However, if the Man Friday campaign plants the idea into people's minds that men can self-id their way into women's changing rooms, then expect to see perverts take them up on the idea.

OP posts:
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TerfsUp · 23/03/2018 11:32

sensefinder, I hope your professional duties do not include copy editing or proof reading. Or anything to do with writing. Or using common sense or logic.

AssassinatedBeauty · 23/03/2018 11:32

@Sensefinder report any abusive posts, they will be deleted.

It is comments like yours that damages the relationships between women and men, rather than improving them. Listen more, talk less.

Sensefinder · 23/03/2018 11:27

This reply has been deleted

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Juells · 23/03/2018 11:21

Why does a 'professional man' have nothing better to do than to come onto a message board for women, and mansplain inclusion and fair treatment for all?

Go and have a wank, you'll feel better.

Datun · 23/03/2018 11:19

Thanks Speedy85.

slug · 23/03/2018 10:51

While you're on your way to your professional manly duties, spare a moment for the woman, well girl actually, who was made to sacrifice her life this week

AngryAttackKittens · 23/03/2018 10:44

(Yawns)

Sensefinder · 23/03/2018 10:32

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Speedy85 · 23/03/2018 09:23

Telling women that their biology is exclusionary and therefore they can't talk about it, or have to change the wording - is that not discrimination, based on a woman's sex?

It totally depends on who’s saying what and in what context. If it’s just Munroe Bergdorf whining on Twitter about women with uterus signs at the women’s march, then everyone should just ignore that person and carry on. What they say isn’t a breach of the EA, but nor does it have any weight whatsoever.

The EA bans discrimination on the basis of certain protected characteristics (eg sex, race, age etc) in certain contexts (eg employment, services, schools etc) subject to certain exemptions.

There’s things going on like the NHS referring to “pregnant people” rather than “pregnant women”, but that’s not a violation of the Act. That’s just the NHS being a bit vague in their language and nobody is stopping you referring to yourself as a “pregnant woman”.

TerfsUp · 23/03/2018 09:13

Let's hope he's got a secretary for that shit.

I think he is the secretary. Mind you, a professionally qualified secretary.

LastGirlOnTheLeft · 23/03/2018 08:57

And if it's has escaped you, pretty much the entire world's infrastructure that you enjoy today is because of the hard work of men, the very men you appear to dispise.

Why do men like you always try to piggyback onto the achievements of far more talented men than yourself, yet when you are being put in the same class as the men who rape and murder you whine NAMALT??

I never understand that. Want to bask in the reflected glow of Einstein and Churchill? Claim your share of Hitler too then!

Datun · 23/03/2018 08:48

Perhaps someone with EA knowledge can help me with this:

The issue of women's biology being exclusionary. The issue of changing the language around women's biology.

Sex is a protected characteristic.

Telling women that their biology is exclusionary and therefore they can't talk about it, or have to change the wording - is that not discrimination, based on a woman's sex?

Or does the fact that theoretically they can say the same thing to men make it okay?

Because obviously people aren't saying that to men, but in theory, they can.

Or can it be considered discriminatory based on the specific language being targetted, like vaginas and uteruses, something that men don't possess.

Most women are fully aware that sexism is rank in almost every part of this ideology, and should therefore have the potential to be addressed by equality law.

I'm trying to work out how.

Juells · 23/03/2018 08:47

I'm quite disappointed by your term 'male violence' when women have won the right to fight alongside men.

Good deflection there.

Speedy85 · 23/03/2018 08:32

UpstartCrow - men can access the women's bathing pond on Hampstead Heath, not because the law gives them this right, but because the authorities who manage the bathing pond have decided to permit it.

OP, this is the point. Swim England’s guidance suggested that men who had not had surgery could use women’s changing rooms, and that if women objected they would need to ge re-educated about ladydicks. My understanding is that guidance has now been withdrawn following the ManFriday stunt. Mission partially accomplished.

If the law changes, this kind of thing will become even more prevalent. Let’s not forget as well that there are some who want to scrap the sex-based exemptions which exist (including Maria Miller). Even if they are not scrapped, it takes a brave organisation to apply them. Women are not being protected.

Fekko · 23/03/2018 08:24

Who said they despise men?

SimonBridges · 23/03/2018 08:22

And if it's has escaped you, pretty much the entire world's infrastructure that you enjoy today is because of the hard work of men, the very men you appear to dispise.

And every single human on the planet was born from a woman. For most of history and still in many countries this is at great risk to her own safety and often not by her own choice.

But hey ho. You carry on telling us woman to hush up because the men are talking.

Shush now women. Men build bridges and building and fight wars. You only make entire humans. What do you know.

Datun · 23/03/2018 08:17

As a professional man, I would say this ManFriday stunt, it's bordering on illegal as Police are reading this knowing many are falsely creating opposite genders for an hour or so in order to effectively harass men or women, which ever it may be and to cause intentional offence.

They weren't harassing, they were swimming.

Swim England could have invoked the exemptions, they didn't. Although now, funnily enough, they have.

It's not illegal for people to go into the toilet or changing room of the opposite sex.

It does, indeed, depend upon the policy of the organisation.

Trans-activists are deliberately targeting anything to do with women, Hampstead women's pond, lesbian vegan restaurants, bra fitting services for teenage girls, Vancouver women's library, Salford women's resource, women's officer roles, vagina monologues, midwifery services, the women's march, vagina cupcakes, rape refuges, etc.

Anything with the word woman in it.

What kind of credibility does a man have when he goes on national television, actually speaks to a rape survivor on a monitor who has PTSD triggered by men, and still decides he should campaign to insist men counsel women who have been raped by men?

Especially when the defence is how can you tell a man from a woman, because my mum's had a hysterectomy. Ffs.

It's not only nonsensical, it's damaging to women.

The police are already attempting to prosecute women for speaking out about the trans ideology.

The more that happens, the more people realise the implications of this blatant censorship and why women have to be silenced.

Judging from your posts, you're not English. And the tired MRA trope of what about wars, is giving you away.

Fortunately, in this country, women are organised and spearheading some collective activism.

And, in case it has escaped your notice, are 51% of the voting population. Yes, feminists got us the vote. Those pesky women having the audacity to demand a voice.

Fekko · 23/03/2018 07:51

Bad typo. It's like when you make a big show of flouncing out of a meeting then have to sneak back in to retrieve your coat.

SwearyG · 23/03/2018 07:48

Selfishly? Hmm

SusanBunch · 23/03/2018 07:39

In relation to the millions of men who gave their lives selfishly for our freedoms, including yours, I think your comment are highly disrespectful and distasteful

Oh, get to fuck. Yes, it is tragic for the government to send young men to their needless deaths, as happened in the world wars. But there are few reports of what some of the 'heroes' get up to when they supposedly liberate countries. For example, thousands of German civilian women were raped by the Allied soldiers at the end of WW2. In WW1, women did not even have the vote. They weren't fighting for women's freedoms- they were fighting some stupid ego-driven battle started by a bunch of man-children. The whole 'hero' and 'sacrifice' narrative is necessary in order to justify it all. Britain behaved in the most brutal and disgraceful manner during the colonial era, but we all gloss over that because it doesn't matter if you kill some black or Indian people, right? Even if Britain had lost WW2, there would have been another war eventually, just as there always is. Success is never final. Any freedoms that women have were fought by and won by women themselves.

Fekko · 23/03/2018 07:36

I wonder why wars are fought in the first place?

midgebabe · 23/03/2018 07:34

Men fight wars so rape is ok?!

Hypermice · 23/03/2018 07:14

In relation to the millions of men who gave their lives selfishly for our freedoms

You are not seriously piggybacking on the sacrifice of the generations who lived through WW1/2 are you? Men and women fought and died, worked in munitions factories etc. Colossal human loss, sacrifice. Yourebusing that to make what point exactly? All incredibly brave, and absolutely chuff all to do with manfriday. I’d say it’s YOU insulting their memory.

Infrastructure made by men alone? I’m sorry just let me stop laughing for a second. Do you have any idea who does the bulk of the agricultural work in the world? Women. But of course just the men making the infrastructure right. rightyho. Big manly men in the labs. No women at all doing stuff like, oooh, calculating the vectors to get rockets to the moon?
No just men. All by themselves and going home and doing all the childcare and giving birth too! Gosh so brave. They must be so tired.

This kind of comment shows the utter disregard that some men hold women in. You don’t see women, you don’t see what they do and if you do you don’t care or think it’s comparable to the manly inportant work you do.
At risk of quoting an old dictator, women hold up half the sky - but many men don’t seem to see their work.

Rank amateur I’d say. Professional indeed.

Fekko · 23/03/2018 07:03

Women and children often suffer as a result of war - not only fighting in the battles but in the murder and rapes that occur by the 'winners' in the aftermath.

boatyardblues · 23/03/2018 06:58

Yeah and let’s not forget the millions of women who have died and are continuing to die and suffer permanent, life limiting injuries giving birth around the world. That’s sacrifice. I would imagine the toll of those deaths and injuries vastly exceeds the casualties of armed conflict. But, hey, they’re only women so barely clock a mention unlike all the war dead, who are memorialised in every town and sizeable village in the land.