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Feminism: Sex and gender discussions

Scottish Government redefines "woman" in law.

162 replies

ItsAllGoingToBeFine · 05/06/2020 08:28

www.gov.scot/publications/gender-representation-public-boards-scotland-act-2018-statutory-guidance/pages/2/

2.12 Section 2 of the Act provides that for the purposes of the Act, "woman" includes "a person who has the protected characteristic of gender reassignment (within the meaning of section 7 of the Equality Act 2010[2]) if, and only if, the person is living as a woman and is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of becoming female".

2.13 To be included, a trans woman without a UK Gender Recognition Certificate or without gender recognition from another EU Member State[3] must therefore meet the 3 following criteria:

  1. have the characteristic of gender reassignment as defined in the Equality Act 2010.

The definition of gender reassignment in the Equality Act 2010 is – "a person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex". This definition includes those reassigning their sex from male to female as well as those reassigning their sex from female to male. A person who meets this definition is not covered by the definition of "woman" in the Act unless they also meet the following two criteria. The person does not need to have undergone any specific treatment or surgery[4]

  1. be proposing to undergo, is undergoing or undergone a process (or part of a process) for the purpose of reassigning their sex to female

This element of the definition means that a person with the protected characteristic of gender reassignment is only covered if they are proposing to undergo, is undergoing or have undergone a process to reassign their sex to female. A person reassigning their sex from female to male would not be included in the definition of woman for the purposes of the Act.

  1. be living as a woman

This would not require the person to dress, look or behave in any particular way. However, it would be expected that there would be evidence that the person was continuously living as a woman, such as – always using female pronouns; using a female name on official documents such as a driving licence or passport, or on utility bills or bank accounts; using female titles; updating the gender marker to female on official documents such as a driving licence or passport; describing themselves and being described by others in written or other communication as a woman.

OP posts:
TheShoesa · 05/06/2020 17:30

Thanks NonnyMouse

Conflation of sex and gender to muddy the waters as usual

NonnyMouse1337 · 05/06/2020 17:10

The sex marker on passports and driver's licences can be changed without needing a GRC. The GRC is only needed if you want the sex marker on your birth certificate to be changed. Anyone can change the sex marker on their passport or licence. It's relatively straightforward.

fairplayforwomen.com/grcprocess/

PASSPORT: You can easily get your gender changed on your passport by sending a letter from your doctor or confirming that your change of gender is likely to be permanent. If you want a new name on your passport you can show your deed poll certificate. Guidance is available from the passport office website for transgender people. The application process is the same as for anyone wanting a replacement passport and costs £75.50.

DRIVING LICENCE: You can change your name or gender on your driving licence for free. The application process is the same as for anyone wanting to update their driving licence (e.g. to reflect a change of name after marriage or a change of title to Dr). You don’t need a letter or diagnosis from a doctor this time, just a signed statutory declaration stating your self-identified gender identity or a deed poll certificate showing your name change.

UTILITY BILL: Getting the title or name on a utility bill updated is even easier and always free. The process varies between service providers. Vodafone offers service called ‘Living As Me’ to support an application for a Gender Recognition Certificate. No proof of identity is needed if you want to change your title from Mr to Miss or Mx etc. The name on your bill can be done by showing a copy of your deed poll.

Abitofalark · 05/06/2020 16:38

Good question about the sex marker on passports. Fraud could be committed under the Scots wording of 'updating' it. Would it be checked and what would be asked for, if anything, to verify it? Passports are UK wide aren't they? I wonder if there is any change being made there to the sex question.

Dances · 05/06/2020 16:20

Yes and will the Hate Speech law compel us to use preferred pronouns, which will be themn taken as evidence of 'living as a woman'

TheShoesa · 05/06/2020 16:14

I've got a question on that bit of text Abitofalark

updating the gender marker to female on official documents such as a driving licence or passport

My current passport asks for sex not gender. So if someone applies for a passport and does not have the legal fiction of a grc and new birth certificate, but put the sex marker as F when they are M, why is that not considered to be fraud? Because IIRC you have to sign to confirm that the information you have supplied is true to the best of your knowledge...

OvaHere · 05/06/2020 16:09

@Abitofalark

Note how we are co-opted here, being compelled by use or misuse of the Equality Act and institutional ignorance or deliberate pressure to call people 'she' whom we don't believe to be 'she', this forced compliance then being invoked as evidence of 'she' as 'she'.

TEXT:
' 3. be living as a woman

This would not require the person to dress, look or behave in any particular way. However, it would be expected that there would be evidence that the person was continuously living as a woman, such as – always using female pronouns; using a female name on official documents such as a driving licence or passport, or on utility bills or bank accounts; using female titles; updating the gender marker to female on official documents such as a driving licence or passport; describing themselves and being described by others in written or other communication as a woman. '

Which nicely circles us back to pronouns are rohypnol.
Abitofalark · 05/06/2020 16:02

Note how we are co-opted here, being compelled by use or misuse of the Equality Act and institutional ignorance or deliberate pressure to call people 'she' whom we don't believe to be 'she', this forced compliance then being invoked as evidence of 'she' as 'she'.

TEXT:
' 3. be living as a woman

This would not require the person to dress, look or behave in any particular way. However, it would be expected that there would be evidence that the person was continuously living as a woman, such as – always using female pronouns; using a female name on official documents such as a driving licence or passport, or on utility bills or bank accounts; using female titles; updating the gender marker to female on official documents such as a driving licence or passport; describing themselves and being described by others in written or other communication as a woman. '

ScrimpshawTheSecond · 05/06/2020 16:02

Mine, too, Lancaster. I'll write to my MSP but doubt it'll make any inroads. What a shower.

lancaster · 05/06/2020 15:55

Well, that's the SNP lost my vote now.

Winesalot · 05/06/2020 15:48

SNP have cancelled women.

ScrimpshawTheSecond · 05/06/2020 15:43

Well, put it this way, there's plenty of people who will be delighted to find a good reason to oust the SNP. This will be a very good bit of leverage. The SNP have cancelled feminism.

Abitofalark · 05/06/2020 15:40

@Lordfrontpaw

So what can be done? We need Baroness Barry to advise I guess. When I was little I thought Helena Kennedy was rather impressive but I haven't heard anything about her for a long time (to be honest I'm almost afraid to look these days) - would she be someone who might tackle this?
She has been a vocal and passionate advocate for women's rights in the legal system but I fear she is on board with the trams rights slant. Agh, typed trams by accident. The only thing I've found goes back to 2018 - a book review which criticises her stance in regard to prisoners - scroll down to para 9 www.theguardian.com/books/2018/oct/14/eve-was-shamed-how-british-justice-failing-women-review-helena-kennedy

Maybe there is something more recent but am not hopeful.

Lordfrontpaw · 05/06/2020 15:39

Even if no man ever used this nonsense - it is there in black and white, it exists, some people thought it was a ‘good idea’ and that says it all.

AllTheUsernamesAreAlreadyTaken · 05/06/2020 15:36

It genuinely terrifies me. Surely it will all self-implode in the next five years, when the repercussions become clear?
That's the only thought that eases my anxiety of having a three year old daughter growing up in this mess.

Winesalot · 05/06/2020 15:35

It is more than just fucked. Nicola Sturgeon has made it even harder for our daughters and nieces to take up these opportunities, those working now and the future. Obviously, she lives in la la land where everything is rosy and well balanced.

SnuggyBuggy · 05/06/2020 15:33

I don't think you can live as a woman, you either are one or you aren't. We agree that blackface isn't living as a black person (and find it very offensive) so why is dressing in a way that mimics a female stereotype and claiming its living as a woman ok?

Winesalot · 05/06/2020 15:31

AllThe even worse. You don’t have to do anything except have a gender marker on documentation and have your friends use female pronouns. But you cannot ask why you should consider them female. So, indeed. You could be fully bearded and never wear dresses or make up and sit on a board in a female’s place. And this is the new equality. It is fucked. Outrageously fucked.

AllTheUsernamesAreAlreadyTaken · 05/06/2020 15:19

How do we "live as women"? Wear dresses and make up? Keep the house clean and tidy? Take 100% responsibility for the care of our children? Have nice, feminine names?
I thought we were beyond gendered stereotypes now.
The reason I'm a woman isn't what I wear or what jobs I've chosen to pursue; it's the fact that I'm biologically a woman. I'm smaller, weaker and slower than 99% of my male counterparts and these biological differences make me more vulnerable to the opposite sex.
These biological differences and vulnerabilities are why we have sex segregated safe spaces. All the lipstick and name changes in the world will never change that.

Michelleoftheresistance · 05/06/2020 14:51

So 'woman' is a female or any male who says so.

Which means basically there's no such thing as a woman.

All hail male supremacism.

NonnyMouse1337 · 05/06/2020 14:50

I think many trans men have swallowed the idea that they shouldn't speak out because of their 'male privilege' compared to the 'transmisogyny' experienced by trans women. I can't remember the name of the young American woman who used to identify as a trans man. She described in a YouTube video how these trans support groups that she went to were predominantly a mix of older men who identified as trans women, and lots of young girls / teens who identified as trans men. And these older men would dominate conversations and lecture the young girls on their 'privilege' as a man and how they should let the 'women' speak because they were clearly more oppressed than the trans men. And lots of other questionable and sexualised conversations. Very creepy.

So yes, I can't see any trans men speaking up about this. They are happy to imagine they have left womanhood behind and see themselves as men with the privileges that come with it. (Except they don't really have male privileges. Men know exactly what a woman is when it suits them and don't hesitate to exclude females from their spaces.)

Lordfrontpaw · 05/06/2020 14:38

I'm going to ask my sister who still lives there if she is aware. Might she stop rolling her eyes now? Perhaps.

Apollo440 · 05/06/2020 14:33

This will backfire. Big time. They think they are achieving their aims by sneaking through legislation unopposed and once in people will just have to accept it as a done deal. Not a chance. You don't make such fundamental changes without a broad consensus. They keep harping on about gay rights and anti racism but these battles were won because of the justice of their cause and the public could see that. All they have done is galvanise a huge number of people against them and they and there shit show will be swept away by it. No way will we ever accept this.

Lordfrontpaw · 05/06/2020 13:49

Maybe some trans men should take them up on this. Funny its only the 'women' who have been redefined. Dont want more 'men' on the team?

littlbrowndog · 05/06/2020 13:44

Jeez ffs.

Why haven’t they defined men. Why is it only women

My fucking country

Sticky state funded pressure groups fingers all ove4 this

Lordfrontpaw · 05/06/2020 13:40

The Equality Act is misquoted (either through ignorance or malice) when it suits - so I am pretty sure this will be the cut and paste text of choice for anyone wanting to manipulate the rules to their own ends.