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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:
Lordfrontpaw · 05/06/2020 08:53

European court of human rights? If they take up cases of girls arguing for the right to wear trousers to school then this is a bloody no-brained surely.

KaronAVyrus · 05/06/2020 08:50

The snp are an utter disgrace.

Alicethroughtheblackmirror · 05/06/2020 08:48

Excellent thread here from Alan Henness, pointing out all the nonsense.
twitter.com/zeno001/status/1268608224799817728?s=20

Also FWS wrote to the minister asking if it was legal to undermine EqA like this. Naturally, she hasn't replied.
forwomen.scot/blog/

Alicethroughtheblackmirror · 05/06/2020 08:44

This was snuck in as a late amendment to the Gender Representation on Public Boards Act so, at the time, the public had no chance to respond. It was passed a couple of years ago but the act was put out to consultation last year. Scot Gov sat on releasing the results, which should have been ready last Oct (probably to avoid affecting consultation of GRA!), and released them recently. The Gov wanted to consult on wider implications of the act, but the overwhelming response was on this definition of woman. Despite that, they have ignored all the responses and pushed ahead. Letters to MSMs, ministers, anyone you can think of might help...

It's depressing.

ItsAllGoingToBeFine · 05/06/2020 08:43

@Lordfrontpaw

Just zipping you work (well my desk and phone) - so didn’t read the fill OP - did you include the bit where you aren’t actually allowed to ask in which way a person who says they are a woman is a woman?
Oops, I missed that bit Blush:

2.15 The Act does not require an appointing person to ask a candidate to prove that they meet the definition of woman in the Act.

OP posts:
Blackbear19 · 05/06/2020 08:42

Sad sad news, all slipped under the radar. Why aren't the other parties jumping up and down about it?

Lordfrontpaw · 05/06/2020 08:40

@BaronessRadishFemish

Is there a similar load of rubbish regarding women who want people to think they're men?

Has the Scottish government redefined "man" in law too?

Don’t be silly...
BaronessRadishFemish · 05/06/2020 08:39

Is there a similar load of rubbish regarding women who want people to think they're men?

Has the Scottish government redefined "man" in law too?

MonsteraCheeseplant · 05/06/2020 08:38

Holy shit what on earth are they thinking

Lordfrontpaw · 05/06/2020 08:38

Just zipping you work (well my desk and phone) - so didn’t read the fill OP - did you include the bit where you aren’t actually allowed to ask in which way a person who says they are a woman is a woman?

NeedToKnow101 · 05/06/2020 08:37

Oh my god.

OhHolyJesus · 05/06/2020 08:36

Fuck.

Too late to challenge?

If not then Scotland is lost.