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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:
ItsAllGoingToBeFine · 05/06/2020 13:27

@OhHolyJesus

Does this definition of women in Scottish Law only apply to public boards currently?

I realise this is the first step, I imagine, to rolling it out as self-ID in other ways, under Scottish law, I'm just wondering what the thinking was to have it only apply in this law...

I guess now that it is in one piece of law, it is easier to insert it into other laws as there is now precedent.
OP posts:
TedsFederationRep · 05/06/2020 13:19

and being described by others in written or other communication as a woman.

Thus making it absolutely imperative to insist others accede to your demands about pronouns, including those times when they give evidence under oath. Maria MacLachlan was forced to do so in an English court not a Scottish one but if it hasn't happened already, it's only a matter of time.

In what other area of the law would compelling others to lie in such a material way not be considered either duress or perverting the course of justice?

OhHolyJesus · 05/06/2020 13:07

Does this definition of women in Scottish Law only apply to public boards currently?

I realise this is the first step, I imagine, to rolling it out as self-ID in other ways, under Scottish law, I'm just wondering what the thinking was to have it only apply in this law...

Gibbonsgibbonsgibbons · 05/06/2020 13:05

Boeufsurletoit yes, this cartoon used to be a joke now it’s reality

Scottish Government redefines "woman" in law.
Lordfrontpaw · 05/06/2020 13:04

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?

Dances · 05/06/2020 12:59

It is really really shocking. I feel like crying.

NonnyMouse1337 · 05/06/2020 12:57

So many hot potato issues can just be hand waved away with magic words and statistical fuckery.

Magical words and statistical fuckery is very apt.

OvaHere · 05/06/2020 12:23

@Boeufsurletoit

Is it cynical of me to think that a lot of politicians won't mind if counting transwomen as women balances out some of those tricky domestic violence and political gender-balance stats mentioned on this thread? I'm new to all of this so sorry if I'm stating something very obvious. I'm horrified at the implications of this.
It does make it all very convenient. So many hot potato issues can just be hand waved away with magic words and statistical fuckery. Meanwhile in reality things just get worse for women and nobody can report on it accurately without being sent to a gulag.
OvaHere · 05/06/2020 12:20

What an absolute shit show. The amount of contempt I have for these political 'useful idiots' is pretty much a bottomless well.

There must be a way to legally challenge this appalling abuse of power.

Boeufsurletoit · 05/06/2020 12:20

Is it cynical of me to think that a lot of politicians won't mind if counting transwomen as women balances out some of those tricky domestic violence and political gender-balance stats mentioned on this thread? I'm new to all of this so sorry if I'm stating something very obvious. I'm horrified at the implications of this.

Gibbonsgibbonsgibbons · 05/06/2020 12:13

I like that Oh it really clarifies the breadth of the issue
I described it to my husband as “the SNP idiots have now made it law that a committee made of 12 can have 12 penis’ around the table & it’s considered equality” (but more sweary)

BetsyM00 · 05/06/2020 12:11

Lordfrontpaw Slightly more than one sentence, but in a nutshell:

Gender Representation on Public Boards (Scotland) Act 2018 aims to have boards comprised of at least 50% women...but

  • the definition of women ONLY includes those men who qualify, does not mention those born female
  • men qualify if they have documentation (eg. gas bill) in a feminine name, and use female pronouns - but no-one is allowed to ask the candidate about these
  • Scotgov only held a public consultation about this definition AFTER the law was passed, then ignored the majority of responses which complained about the definition
  • Scotgov may not have the authority to introduce legislation which change the definitions in the reserved Equality Act, it undermines its provisions.
OhHolyJesus · 05/06/2020 12:06

Hi Lord will this do

Nicola thinks men can be women and this is to be enshrined in Scottish law so women, as a group or category, now includes men.

ThinEndoftheWedge · 05/06/2020 12:01

For instance, speaking at an event on the political representation of women in 2018, Liberal Democrat President Sally Brinton stated that she would be happy with a ‘gender-balanced’ parliament made up of 50% men and 50% trans women.

She - who also argued that mixed sex toilets aren’t a risk for women/girls because women are also sex offenders - conveniently forgetting the vast majority of sex offenders are male and the vast majority of victims are female.

I will never forgive nor forget the women and men who steamroll over women's rights like this.

The list is now rather long.

Bananabixfloof · 05/06/2020 11:55

Can one of you please send any tweets about this to baroness Nicholson on Twitter.
I have emailed her but she is busy and may not see my email for days.

Lordfrontpaw · 05/06/2020 11:52

That’s too short...

Otterseatpuffinsdontthey · 05/06/2020 11:48

Q

Lordfrontpaw · 05/06/2020 11:46

Can someone give it to me in one sentence - I’m just going to tell my sister who seems to think the sun now shines out of wee Nic’s backside. I haven’t the strength to distil it down to a short message.

NiceLegsShameAboutTheFace · 05/06/2020 11:29

AAAAAGH!!!!!

There is only ONE way to live as a woman and that is to BE* a fucking woman!

I won't give up. I remain optimistic. There will be an end to this shit!

Dances · 05/06/2020 11:16

Thanks Alice

Alicethroughtheblackmirror · 05/06/2020 11:05

Dances, Jack McKelvie. He's deleted some of his comments but he seems connected to people like Cameron Archibald. He was also bemoaning the new independence Party stand on women's rights, claiming they "hated people for who they are".

twitter.com/SofonisbaAngui7/status/1259182522862383105?s=20

Dances · 05/06/2020 10:48

Who is Christina McKelvie's son Alice?

NonnyMouse1337 · 05/06/2020 10:41

Does that mean it's too late for a judicial review?

I'm so disgusted by the constant undermining of women's rights. They take our definitions from us as well.

For instance, speaking at an event on the political representation of women in 2018, Liberal Democrat President Sally Brinton stated that she would be happy with a ‘gender-balanced’ parliament made up of 50% men and 50% trans women.

I will never forgive nor forget the women and men who steamroll over women's rights like this.

OhHolyJesus · 05/06/2020 10:37

Also up for letter writing, a JR fundraiser.

ForWomenScot will be along to advise I think.

Shedbuilder · 05/06/2020 10:36

Just read through this thread and I now literally feel sick. I have Scottish roots and have always thought that if England goes the way I dread, I could relocate to Scotland where people are more sensible. But no.