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Feminism: Sex and gender discussions

Legal self-id - what are the problems?

270 replies

SarahAr · 17/05/2018 20:50

Legal self-id - what are the problems?

Assuming that the government goes ahead with legal self-id in-line with its announcement that it only intends to change the Gender Recognition Act to simplify the process and demedicalise it, but it does not intend to change the Equality Act.

And also assuming the legislation is no more permissive than the legislation in Ireland, which requires a statutory declaration stating that the individual intends to live as a women for the rest of her life. This is a safe assumption given the far right government in power today.

What are the problems with legal self-id? More specifically how does it help predators to prey on women and how does it impact women's rights?

This is not intended as a goady post - I genuinely cannot see the problems.

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Damnthatonestakentryanother2 · 18/05/2018 08:50

I can see two:

  1. It has already become an excuse for the antitrans cabal to incite even more hatred.
  2. It is a cheap and simple thing to do that allows the government to pretend that it has "acted upon" the sect committee's report, while ignoring more important issues, such as sorting out the crisis in trans health care, discrimination in the NHS, and the desperate need for inciting hatred to be made a criminal offence.

It won't make a shred of difference to anyone else. In particular, we will not see gangs of pantie-eraring perverts queuing up to get into ladies loos:
a) why would they bother getting a certificate when it doesn't allow them to do anything they can't do already?
b) why would someone who lives their everyday life as Bill want his boss, his family, the taxman , his doctor, the DVLA, anyone who looks at the electoral roll, and countless others to know that he is legally "Brenda"?

Tinkletinklelittlebat · 18/05/2018 08:43

The Fair Play for Women lays the issues for women out well in context of the current and proposed law.

fairplayforwomen.com/gender-recognition-act-2004-explained/

Bronners78 · 18/05/2018 08:37

Sex based exemptions have to be proportionate means to a legitimate aim and assessed on a case by case basis in relation to trans men and women.

Although both different in nature both have taken into account of the EA in their policies.

The GRA is primarily about privacy for a trans person. At my age I can't really hide that I'm trans but someone transitioning in late teens early twenties will pass in society unnoticed. For them, the BC would out them in a small number of instances.

merrymouse · 18/05/2018 08:33

But again, without case law it’s not clear, and who has the money to take this kind of thing to court? Not voluntary organisations.

jellyfrizz · 18/05/2018 08:32

As the BC is largely irrelevant for a trans person to be able to function in society, streamlining the process makes sense as it would enable more of us to obtain them.

If the GRC and changing birth cert. is ‘largely irrelevant for a trans person to be able to function in society’ then what is the point of it?

merrymouse · 18/05/2018 08:28

Regarding Labour and the Girl Guides their policies fall in line with current EA legislation

The EA covers sex based exemptions, not gender based exemptions.

Arguably both are currently discriminating against men and boys based on their gender identity.

Bronners78 · 18/05/2018 08:20

Reform of the GRA really isn't the issue to fight over in my honest opinion.

Although not announced the recommendation that Gender Reassignment be reclassified as Gender Identity in the EA has the potential to be more problematic as that would massively increase the scope of who is protected by the EA.

That needs the scrutiny be given to the GRA.

Regarding Labour and the Girl Guides their policies fall in line with current EA legislation, so again, I'd suggest making sure that if and when that is reviewed that all these issues are debated at that point to ensure it protects both groups.

merrymouse · 18/05/2018 08:14

The NHS for example will discuss with a patient the most appropriate accommodation for inpatient stays. For trans women that may be a side room in a female ward.

The NHS reserves the right to put any patient on a mixed ward, trans or otherwise.

merrymouse · 18/05/2018 08:12

Most service providers where exemptions apply are well versed in the law and have policies and procedures in place to support all women.

Apparently not the Labour Party or the Girl Guides.

merrymouse · 18/05/2018 08:11

But I agree Bronners, nobody asks anybody for a GRC, and the requirement to ‘live as the opposite sex’ has always been a bit strange.

However, if it helped a few people who cared?

The problem is that self ID isn’t just about admin anymore. It’s about an ideology that promotes the concept of gender identity while deliberately ignoring the real consequences of being born with a male or female reproductive system.

The question becomes not “why can’t we tweak the GRA a bit?” but “what was the point of the GRA in the first place?”.

Bronners78 · 18/05/2018 07:58

Since you're not legally allowed to ask for a GRC and you won't need a BC then effectively you have to allow access to services utilising the EA.

Most service providers where exemptions apply are well versed in the law and have policies and procedures in place to support all women.

The NHS for example will discuss with a patient the most appropriate accommodation for inpatient stays. For trans women that may be a side room in a female ward.

Trans men having hysterectomies are placed on general male surgical wards.

These are not new issues as far as service providers are concerned, they go back way before any legislation was brought in.

The GRA is probably the least controversial part of the recommendations from the parliamentary report and is the only thing currently being considered by the government.

merrymouse · 18/05/2018 07:49

Access to services and facilities is covered by the EA that, as has been stated, is not up for review.

Except that:

  1. the EA currently includes people with a GRC in some sex based exceptions, but self ID makes it impossible to objectively define who should have a GRC and therefore who should be in that group of people.

  2. Most organisations are just confused. Without case law and without any definition of male or female, it becomes very difficult to provide protections and services specifically for women.

It’s a mess.

Bronners78 · 18/05/2018 07:46

Part of the psychiatric assessment is Real Life Experience (RLE) a period of time when an individual lives full time in their preferred gender.

This require updating all other paperwork, such as driving license, bank, employer, DWP and NHS. All of which can be done relatively easily.

The only outlier in this process is the birth certificate which requires additional evidence such a psychiatric reports.

As the BC is largely irrelevant for a trans person to be able to function in society, streamlining the process makes sense as it would enable more of us to obtain them.

As an example I applied for a new job last year and I didn't need to use my BC as my driving license and passport both provided the required evidence for ID checks.

TERFragetteCity · 18/05/2018 07:44

Report the guy to the management and police and let them deal with him.

Not a man, a woman - honest guv. Nothing to see here, this is my female penis - everyone knows people get their penises out in toilets right?

Cascade220 · 18/05/2018 07:32

This reply has been deleted

Message withdrawn at poster's request.

Bronners78 · 18/05/2018 07:20

I'd like to add that it is illegal to ask for a GRC and you don't request sight of a birth certificate to access services. Therefore the GRA is in effect irrelevant in most cases.

That is because the GRA is primarily a law that affords some privacy for trans individuals.

Access to services and facilities is covered by the EA that, as has been stated, is not up for review.

The EA has been in effect since 2010, which was proceeded by the sex discrimination (gender reassignment) regulations 1999. Prior to that there were no legal protections or recognition of trans individuals.

If a person of any gender or presentation enters a space and commits a crime there are laws that deal with that.

SeahorsesAREhorses · 18/05/2018 07:06

This changes the meaning of woman from a biological one to a feminine feeling. This undoes all the good work put in taking sexist stereotypes apart. this will have a huge effect on the youth, gender non conforming children have no room, so many will be pushed into the opposite sex category because they don't perform girl/boy correctly.

This is already happening, kids are questioning other kids and assuming they are trans. There will be no feminine boys or masculine girls left.

My largest fear is what this does to our kids. I have spent my lifetime fighting stereotypes and now we are enforcing them rigidly.

Also sharing a room with a female at Uni, female sports, rape crisis centres, crime stats, reporting of crime, awards, representation in all areas of power, changing rooms, teaching girls and boys boundaries, medical trials made for and tested on female bodies, medical examinations, the care of elderly people, the rights of autistic people who find lying difficult.

Can voyeurism and exposure still be a crime with the new changes? I'm just a woman your honour?

Um, religious girls and their rights, returning to the good old days of the urinary leash, this will not be measurable, so many females will curtail their behaviour.

the right to speak facts aloud, compelled speech, gah, so many concerns!

Sorry for typos, off to work!

therealposieparker · 18/05/2018 06:56

Men joined the priesthood/counselling charities/teaching/Boy Scouts/entertainment industry to gain access to kids of course predatory men will abuse the easier access to women. Naive in the extreme to think they wouldn't.

Elletorro · 17/05/2018 23:25

Government guidance to the EqA from 2015 says that “a trans person should be free to select the facilities appropriate to the gender in which they present”

There is no consideration or guidance regarding the sex exemptions.

So our laws and our government guidance do not marry up.

We have self id in effect due to the EqA and erasure of the sex exemptions in government policy. We have local authorities and hospitals mismanaging the application of trans rights in practice.

So amending the GRA on top of all this is not a great idea in my view.

UpstartCrow · 17/05/2018 23:14

You keep stating 'but the rules say' like it has any power.

We know how the police actually respond in situations like these, you clearly don't.

SarahAr · 17/05/2018 23:11

poster VaggieMight

As previous posters have stated, what if the bloke says to the police that he identifies as a woman?

Why would that make any difference? How the bloke identifies has not bearing on whether or not an offence has been committed. I would expect the police to laugh their heads off.

It is possible for a man to commit an offence of voyeurism in a male changing room. See the case of Basset www.bailii.org/ew/cases/EWCA/Crim/2008/1174.html. He was convicted at first instance, but got off on appeal on the grounds that viewing a male chest was not covered by the offence.

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flowersonthepiano · 17/05/2018 23:10

SarahAr

You are not listening. You are not interested in our responses. Goodnight.

Picassospaintbrush · 17/05/2018 23:09

You have made yourself clear SarahAr.

UpstartCrow · 17/05/2018 23:09

Sex not gender.
A penis is a male organ. Someone who has a penis has no business in a woman's space.

SarahAr · 17/05/2018 23:05

Petalflowers

Your legal gender has minimal bearing on whether you have a right to use a female changing room.

The starting point is that the owner of the changing room decides who can use it.

However, under the Equality Act, someone who intends to, is undergoing, or has undergone gender reassignment can bring a claim for discrimination on the grounds of gender reassignment. Although some people claim this only applies to individuals with GRCs, this seems to be a view that is not shared by EHRC or supported by case law. The claim is subject to exemptions and judicial interpretation.

So the owner of the changing room has to decide if the individual comes under the protected category of gender reassignment - and if there are ground to exclude them (e.g. a shared changing room and the individual would expose male genitals).

The Equality Act has been law for 8 years.

There is little point in the owner asking for a birth certificate, a GRC or a copy of the statutory declaration.

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