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Feminism: Sex and gender discussions

"Reforming the GRA will not change anything because the EA will remain the same"

112 replies

PikesPeaked · 07/06/2018 21:00

^^ The Govt's response to the petition:

We are clear that we have no intention of amending the Equality Act 2010, the legislation that allows for single sex spaces. Any GRA reform will not change the protected characteristics in the Equality Act nor the exceptions under the Equality Act that allow provision for single and separate sex spaces.
The Government does not intend to change the safeguarding processes that are currently used in refuges and healthcare services. Providers of women-only services can continue to provide services in a different way, or even not provide services to trans individuals, provided it is objectively justified on a case-by-case basis. The same can be said about toilets, changing rooms or single sex activities. Providers may exclude trans people from facilities of the sex they identify with, provided it is a proportionate means of meeting a legitimate aim.

It's all totally irrelevant. Yes, the EA currently allows exclusion of trans people from sex-discriminated provision, but providers aren't doing so.

I don't believe it's because they are misguided by the information given to them by TRA organisations. M&S, TopShop etc all have legal departments to check the legalities of policy changes.

I suspect that they kowtow to the TRAs because it's probably more hassle to go through all the justification of exclusion than to just bow to the TRA pressure. Not to mention the hassle of dealing with the negative publicity of "Bigot!"

OP posts:
SarahAr · 08/06/2018 12:39

SarahAr - did I mention changing rooms here? If you actually pay attention you might have noticed that.

SwearyG - did I mention changing rooms here? Your repeated personal attacks are not helping the debate.

flowersonthepiano · 08/06/2018 10:00

Agreed Lang. That's what I meant. It needs reforming, but in ways that will be useful for protecting women, not erode the few protections there are.

PikesPeaked · 08/06/2018 09:58

The EA appears to permit justifiable exclusion of trans from single-sex. But
a) it permits, does not require, so organisations are in no way obliged to protect single sex spaces,
b) it appears to contradict the GRA - if I understand correctly, you can exclude trans, but you cannot find out whether someone is trans in the first place!

Both GRA and EA are both useless legislation in this respect. EA because it has no teeth, and GRA because it is an unscientific bit of twaddle. I do not understand how refusing to validate a delusion (caused by their mental illness) breaches a person's human rights.

OP posts:
BatShite · 08/06/2018 09:49

when the European court made its ruling there were only thought to be 2-5000 trans in the UK and they were all expected to have genital surgery.

Well yes, and no just under 5000 people have a GRC, and we are told that its clearly not working as intended. But..its working exactly as intended and helping the small amount of people it was supposed to help.

Kyanite · 08/06/2018 09:32

when the European court made its ruling there were only thought to be 2-5000 trans in the UK and they were all expected to have genital surgery.

This is true...my partner has a transsexual friend with gender dysphoria who started the process of obtaining a GRC and had to say that they intended to have surgery or they would not have been put on hormones.

It makes sense for such a radical step as changing the sex on one's birth certificate, to come with complete physical change.

LangCleg · 08/06/2018 09:18

On the face of it review of the EA looks like a good campaign. They want to strengthen enforceability

The thing is, EqA does need review. Basically, it was rushed through by a New Labour government that knew it was likely to lose the next election and wanted to get something on the statute before it did. The result is a well-meaning but often toothless Act with more holes than a Mumnset modded Swiss cheese thread.

We feminists should want EqA strengthened. But we also need to be sure that any review is not hijacked by transactivists and has women's rights as a priority.

Ereshkigal · 08/06/2018 09:14

A doctor is exempted if the disclosure is considered medically relevant. Ie if my problem is lower abdominal pain, my GRS is clearly relevant and the doctor can go against my wishes and disclose it.

A doctor on here said she had GMC training that this wasn't the case. People are clearly interpreting it in different ways. I have read this legislation and didn't think this was spelled out? Very happy to be proved wrong!

Ereshkigal · 08/06/2018 09:11

Maybe there is a case for repeal - at the UK and more importantly the European level.

There should be.

Kyanite · 08/06/2018 08:40

"The GRA2004 was introduced because in 2002 the European Court of Human Rights ruled that not allowing transsexuals to change their birth certificate was a breach of their human rights. However, when the European court made its ruling there were only thought to be 2-5000 trans in the UK and they were all expected to have genital surgery. Based on that the court ruled it would have negligible impact on society. The balance was fair.

That has changed completely. We have something like 500,000 trans in the UK and hardly any have surgery. Now the balance is unfair. Maybe there is a case for repeal - at the UK and more importantly the European level."

www.facebook.com/fairplayforwomen/photos/a.203323566744461.1073741828.203074990102652/404824469927702/?type=3&theater

"Reforming the GRA will not change anything because the EA will remain the same"
GenderApostate · 08/06/2018 08:15

Removal of single Sex space exemptions has always been part of the plan . Know your enemy.

flowersonthepiano · 08/06/2018 08:06

On the face of it review of the EA looks like a good campaign. They want to strengthen enforceability www.equalityactreview.co.uk/

busyboysmum · 08/06/2018 07:58

twitter.com/EqualityActRev/status/1004671911174041601?s=19

They're going after the Equality Act now. Wes Streeting apparently a supporter.

Bronners78 · 08/06/2018 07:52

There are a few exemptions to disclosure, but these are poorly written. The example given to me at training recently by an equality barrister related to a medical secretary.

A doctor is exempted if the disclosure is considered medically relevant. Ie if my problem is lower abdominal pain, my GRS is clearly relevant and the doctor can go against my wishes and disclose it.

The exemption doesn't extend to his support staff, including medical secretaries, so if she writes up a letter and sends it off, she breaks the law and theoretically could get a criminal record for it.

As, I say, totally think that this should not be in the GRA.

SwearyG · 08/06/2018 07:33

SarahAr - did I mention changing rooms here? If you actually pay attention you might have noticed that. MF seeks to have current exemptions re single sex spaces in the EA applied where lobby groups have encouraged them to be removed. Where we want separate sex spaces - and most trans identified men would be excludable because they are still legally male.

What I mention here is that the provision to exclude male women (trans identified men) from spaces exists in the EA but it is unenforceable because, as Bronners says the GRA has a section that states you can’t ask to see a GRC, which is what would show someone to be trans.

Picassospaintbrush · 07/06/2018 23:31

Really? sorry I was off on a Thin Lizzy blast.

Ereshkigal · 07/06/2018 23:08

One person didn't like the song Picasso. Boooo.

Ereshkigal · 07/06/2018 23:07

Regarding disclosure of a GRC, section 22 of the GRA makes it a criminal offence with a fine of up to £5000.

Isn't that section aimed at doctors, teachers, police officers etc? You have to be able to ask, and we need to ensure this question comes up in any consultation as Venice said.

Ereshkigal · 07/06/2018 23:04

No. That is unlawful direct discrimination on grounds of perception of gender reassignment.
As direct discrimination it cannot be justified and the legal claim must succeed.

You TRAs need to get your story straight. Because plenty of them have told us that we can do this so what are we worried about?

Picassospaintbrush · 07/06/2018 22:58

For you SarahAr.

Bronners78 · 07/06/2018 22:53

Regarding disclosure of a GRC, section 22 of the GRA makes it a criminal offence with a fine of up to £5000.

It is a crappy bit of the legislation if I'm honest and it shouldn't be there, but it is what it is. I think, at worst it should be a civil matter.

You cannae ask for a GRC.

Newspeak · 07/06/2018 22:52

Again the ministry of truth has spoken "trans women are women" please people stop using your eyes and accept 2 + 2= 5.

The new newspeak.

UpstartCrow · 07/06/2018 22:46

If its a women only space or service then its not discrimination. They exist for a reason.

SarahAr · 07/06/2018 22:32

But you can’t prove that person is trans. Their birth certificate will be indistinguishable from that of someone born female and you can’t ask to see a GRC. If they don’t volunteer the information there is no way you can ascertain it.

The provision to exclude transwomen from women’s spaces is unenforceable

There is no law to stop you from asking for a GRC. You could ask for a GRC and then exclude a woman for being trans.

However, the EA is designed to prevent this kind of discrimination. If there are no practical difficulties in a transwomen using facilities and a service provider chooses to exclude her then it will not fit into the EA exceptions.

However, if practical difficulties arise from a woman being trans, then she can be excluded provided it is for a legitimate aim and is proportionate. In this case the need to see a GRC is irrelevant.

SwearyG - the EA exceptions deal with practical issues involving trans people using sex segregated spaces - they don't allow blanket discrimination against trans people - which is clearly the aim of the ManFriday campaign.

SarahAr · 07/06/2018 22:23

There are very few butch women who actually genuinely appear to be male. Humans are very good at discerning sex. We have to be for our own safety.

These lesbians clearly look like women to me, but they were barred from the women's toilets.

www.dailymail.co.uk/news/article-2910003/Lesbian-couple-kicked-ladies-toilets-cinema-security-guard-thought-MEN.html

Apologies for the link to the DM - can't easily find it in other online papers (although they did cover it at the time)

gendercritter · 07/06/2018 21:52

There are very few butch women who actually genuinely appear to be male. Humans are very good at discerning sex. We have to be for our own safety.

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