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Original poster

What can courts legally do if someone refuses to use preferred pronouns?

61 replies

GeordieTerf · 16/02/2020 00:40

I've just watched Posie's latest video, and she discusses Scottow's case. Posie mentions that Scottow was instructed to use female pronouns for Stephanie Hayden, which she did. However, Posie says that if it was her, she would refuse. I know that other women, such as Maria, had also been told to do this.

I don't think it's come up yet, but what could the courts legally do if someone refused to do this?

OP posts:
Coyoacan · 16/02/2020 03:45

Down the rabbithole. I would what would happen to a court interpreter if they used the wrong pronouns?

Cwenthryth · 16/02/2020 01:56

Wasn’t Maria threatened with being found in contempt of court?

Carowiththegoodhair · 16/02/2020 01:49

I imagine we shall soon find out.

Aureum · 16/02/2020 01:28

Generally we don’t remember pronouns, we just look for visual cues about gender and apply a grammatical rule. Nowadays it’s a memory feat to recall preferred pronouns for everyone, and it’s particularly difficult if it’s someone I’ve known for a long time who’s recently changed their pronouns. I find it quite worrying as I don’t want to be criminalised for making a mistake.

Thelnebriati · 16/02/2020 01:09

This is not how the GRA was intended to be used.

When the Gender Recognition Bill went through the House of Lords the Minister in charge (Lord Filkin) said:
"The noble Baroness also asked whether people who refuse to call a gender-changed man by the changed gender would be open to action. No, they would not, unless they had information about the person's gender history in an official capacity and they disclosed it otherwise than is allowed for by Clause 21". [Hansard, Lords, 29/01/04 col 411]"
publications.parliament.uk/pa/ld200304/ldhansrd/vo040129/text/40129-24.htm

ClosdesMouches · 16/02/2020 01:00

Kate Scottow was convicted and fined for using male pronouns.

Hmm
Original poster
GeordieTerf · 16/02/2020 00:56

The other problem is how this would be applied to certain types of people? How would this work with an autistic person? A person with dementia? A small child?

(Please note, I am not meaning to offend anyone here. I realize that most autistic people and those with dementia etc. are able to remember preferred pronouns. I am just trying to think of examples when it wouldn't be 100% practical.)

OP posts:
FunnyInjury · 16/02/2020 00:51

Dont think the court was high enough for precedent to be set.
I think a higher court will take a different stance. Also, while you cant force someone to say something, you can punish a person for saying something iykwim. That's if the law recognises that a crime has been committed, which I dont think they will ultimately.

nocoolnamesleft · 16/02/2020 00:46

I would be concerned by the conflict between "I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth" and using a pronoun that the witness believed to be untrue.

Aureum · 16/02/2020 00:45

Surely they already did it? Kate Scottow was convicted and fined for using male pronouns. That sets a precedent for the penalty that can be expected if you don’t use someone’s preferred pronouns.

RubyViolet · 16/02/2020 00:44

Interested to hear this.

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