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Feminism: Sex and gender discussions

From Scotland ...

37 replies

ProfessorSlocombe · 18/08/2020 09:39

An update, from the Times

www.thetimes.co.uk/edition/scotland/humza-yousaf-says-hate-crime-bill-wont-criminalise-jk-rowling-k29qt0j5g

Critics of the proposed law, which would make it an offence to “stir up”
hatred, say that it could lead to criminal proceedings over comments
deemed unintentionally offensive.

Roddy Dunlop, QC, dean of the Faculty of Advocates, said last month that
this could mean comedians who tell a “Scotsman, Irishman and Englishman”
joke may face jail. The Scottish Police Federation, which represents
rank-and-file officers, complained the changes would shatter trust in
police.

However, Mr Yousaf [Cabinet Secretary for Justice, Scottish Parliament]
denied there would be a draconian crackdown on freedom of speech. “If you
were to say a trans man is not a real man or trans woman is not a real
woman, you would not be prosecuted under the bill that I am intending to
bring forward, so long as you didn’t do it in a threatening or abusive way
that is intended or likely to stir up hatred,” he told Holyrood magazine.

A spokesman for the Free to Disagree campaign, which opposes the hate
crime bill, said that Mr Yousaf “cannot simply magic away these
significant concerns” about the law.

“In addition, under the legislation no ‘intent’ is necessary for an
offence to be committed,” the spokesman said. “Rowling could conceivably
be guilty of a ‘stirring up’ offence without intending to stir up hatred,
or even being aware that her comments were unlawful.”

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MorrisZapp · 19/08/2020 12:21

During the IndyRef I made the joke that I didn't want to have the American Election coverage brought to me by Jacqui Bird. That won't happen they said, because Scotland has huge talent of it's own. It certainly does, but why would they work to serve a population smaller than Yorkshire when they can fk off to London for huge pay and international recognition?

Sorry, that's not remotely the point of the thread.

WouldBeGood · 19/08/2020 11:21

@MorrisZapp

Ah the mythical 'other parties' that we'll all vote for in an independent Scotland. Who are these parties? Not the Tories, obvs. Scottish Labour are a joke.

Is it going to be the magical post Indy 'new talent'? I personally would love it a lot if the huge talents we have here in Scotland could make themselves known now.

I agree. There seems to be a dearth of talent. It’s depressing.
ProfessorSlocombe · 19/08/2020 10:51

@ArabellaScott

From what I've seen, Morris, in Scotland the Tories are second to the SNP (by a country mile, but still way ahead of Labour). I do feel like the other parties have pretty much abandoned Scotland to the SNP. Which is not a healthy democracy.
From discussion with friends, they're currently acting as if the Union will remain, and so are wedded to what's best for England.

You really need a Scottish Tory party independent of Westminster (see also Labour, etc). After all, if Scotland is it's own country, it's hard to see what benefits voting in the English Tories brings. And that's not something that any amount of push from the English Tories can shift.

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ArabellaScott · 19/08/2020 09:38

*which is not good for a healthy democracy

ArabellaScott · 19/08/2020 09:38

From what I've seen, Morris, in Scotland the Tories are second to the SNP (by a country mile, but still way ahead of Labour). I do feel like the other parties have pretty much abandoned Scotland to the SNP. Which is not a healthy democracy.

MorrisZapp · 19/08/2020 08:06

Ah the mythical 'other parties' that we'll all vote for in an independent Scotland. Who are these parties? Not the Tories, obvs. Scottish Labour are a joke.

Is it going to be the magical post Indy 'new talent'? I personally would love it a lot if the huge talents we have here in Scotland could make themselves known now.

ArabellaScott · 19/08/2020 07:48

Could be a schism in the party. I don't really care about the inner machinations of the SNP, though - if a party with such a huge majority can't openly and fairly resolve disputes then it's damaging to the country. And yes, that echoes Westminster situation.

BlackForestCake · 19/08/2020 01:43

From what I hear the SNP rank and file are none too keen on the takeover of the party by carpetbagging no-marks from Stirling University.

BetsyM00 · 18/08/2020 23:57

In practice, what will happen is the prosecution services (I'm not that au fait with Scottish law) will use discretion over who to prosecute.

Ah, that would be the Crown Office & Procurator Fiscal Service - a Stonewall diversity champion member.

Apollo440 · 18/08/2020 20:49

If you point out crime committed by transwomen follows the male patern that would be hate. No doubt about it. You would not be able to point out the elephant in the room because they would say that was stirring up hate. Which is precisely what they hope to achieve.

fatblackcatspaw · 18/08/2020 20:23

Yes did you know that Catholics only got economic parity with Protestants in 1986?

Cornton Vale is the only women's prison in Scotland and it has only 116 places... they need A MASSIVE prison building programme if this goes ahead. I can see myself sitting out the rest of this plague in prison.

Bella2020 · 18/08/2020 20:13

Nationalist voters have some wild ideas about what Scotland would be like in the event of independence. In the meantime, the country is being run into the ground by the bonkers SNP, with the help of the Greens, and voters are allowing it. At least the GRA was 'put back' till the next Parliament, but that is only next year and I'm praying it never sees the light of day again. As for Humza Yousef's 'hate crime' bill, well.....I hope that the SNP will recruit more police officers and beef up the legal system to cope with all the extra work it is likely to cause. I think it's going to mean a lot of wasted police time at the very least.

I've been in Scotland for 5 years now and, you know what, for all it's beauty, heritage, architecture etc, it's becoming a bloody awful place to live. It's sectarian and incredibly divided.

fatblackcatspaw · 18/08/2020 19:55

I do not trust the SNP with women's rights at all. Joking away on twitter about chosing your cell mate now was not how I imagined my middle age.... There are good reasons why the sectarian bill was needed but this bill is apalling. PLUS no indication of whether the offended can be outside Scotland.. I'm envisioning a world where those 14 year old anime cartoon toting kids in the Midwest can not only get Gillian Philips fired from her writing job but also be able to bring hate crimes prosecutions for 'offense'. Uniting the Orange Lodge, Catholic Church, National Secular Society, Law Society, Police against a bill is freakign SPECTACULAR.

Cazziebo · 18/08/2020 18:51

If you were to say a trans man is not a real man or trans woman is not a real woman, you would not be prosecuted under the bill that I am intending to bring forward, so long as you didn’t do it in a threatening or abusive way
that is intended or likely to stir up hatred,” he told Holyrood magazine

So I say "Transwomen are not women. Women have XX Chromosomes."
they say "How dare you say I don't exist, transphobe! You're stirring up hate against me"

I get 7 years in jail for saying that biology trumps feels?

CharlieParley · 18/08/2020 18:37

so long as you didn’t do it in a threatening or abusive way that is intended or likely to stir up hatred

In other words, JKR could find herself prosecuted. Because the decisive factor here is not actually JKR's intent but how her words are received. Anyone expressing an opinion about anything is at the mercy of people who feel targeted by those words. There is no objective arbiter of what is abusive, offensive or threatening built into the law.

These are disingenuous weasel words by a politician who is seemingly either still not understanding his own law, or unwilling to acknowledge the issue.

DidoLamenting · 18/08/2020 17:04

@WouldBeGood

There’s a theory that once independence is achieved there will be no role for the SNP.

And that Scotland will then return to more “normal” politics, not a one party state.

I personally have my doubts about this.

A one-party state with no central bank and no currency, a declining market for oil and no Westminster coffers to pay for things like furlough.

I have reached the point now , given what happened due to Covid where I question the intelligence of anyone supporting separatism.

SunsetBeetch · 18/08/2020 16:48

@testing987654321

*If you were to say a trans man is not a real man or trans woman is not a real woman, you would not be prosecuted under the bill that I am intending to bring forward, so long as you didn’t do it in a threatening or abusive way that is intended or likely to stir up hatred,” he told Holyrood magazine.*

So, just to be clear, those words could get you arrested if someone thought that those words were likely to stir up hatred.

All we need is a Scottish Stephanie Hayden, then.
Roswellconspiracy · 18/08/2020 16:01

Yes a pre agreed set of people "allowed" to correctly sex individuals.

Cue dozens of court cases where staff from various organisations are put on trial trying to establish whether they were correct in it being relevant to their job?

What a bloody waste of everyone's time and money.

I remember a clip of JY calling the police in the lift and the 911 call handler called them sir . Think even the police will find themselves on the wrong side of this....

After all would off duty polkice officers or call handlers etc be done for hate speech etc...

ProfessorSlocombe · 18/08/2020 15:41

How would this work in a medical situation

I refer you to my suggestion that prosecutions will be picked and chosen.

So doctor in professional setting : no prosecution.
Part of the untermensch : prosecute to the max.

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Roswellconspiracy · 18/08/2020 15:22

The destination for this journey is to create magic words and phrases that no one can ever say, because someone will always be available to say they felt it "stirred up hatred" and that is that

How would this work in a medical situation. Its bad enough that drs and nurses already have to work on false information without some idiot in behind the curtain next door deciding that the drs questions/conversation was "hate" even if the victim doesn't victim exist as a victim in the alleged hare incident

ProfessorSlocombe · 18/08/2020 14:47

So, just to be clear, those words could get you arrested if someone thought that those words were likely to stir up hatred.

My reading is that it's the complainant that gets to decide whether it was intended to "stir up hatred" - which is pretty much people marking their own homework.

There's no defence to that, since now the intent or otherwise of the defendant is irrelevant. As long as the complainant felt the intent was to stir up hatred, then the offence is complete.

The destination for this journey is to create magic words and phrases that no one can ever say, because someone will always be available to say they felt it "stirred up hatred" and that is that.

In practice, what will happen is the prosecution services (I'm not that au fait with Scottish law) will use discretion over who to prosecute. With arbitrary application of the law being a key property of repressive regimes. Which means Scotland can take (or keep) it's place alongside England in that respect.

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Goosefoot · 18/08/2020 14:42

I suspect when people say things like "oh, we'd never use that law this way" they are largely sincere. But it's incredibly naive.

testing987654321 · 18/08/2020 14:35

If you were to say a trans man is not a real man or trans woman is not a real woman, you would not be prosecuted under the bill that I am intending to bring forward, so long as you didn’t do it in a threatening or abusive way
that is intended or likely to stir up hatred,” he told Holyrood magazine.

So, just to be clear, those words could get you arrested if someone thought that those words were likely to stir up hatred.

ArabellaScott · 18/08/2020 14:26

independence first

I was all for Yes, and Scottish independence. Have voted that way for the past few elections. In fact, these latest ridiculous, inept and manipulative moves from the SNP have convinced me that Independence would be a potential disaster.

I don't trust a word the SNP say, it's all smoke and mirrors to try and make themselves look good - behind the screens we're getting nasty, vicious back-stabbing attacks like the one on Joanna Cherry, highly dubious moves like Salmond's court case, etc. I think they've massively over-estimated their ability and the commitment to independence.

They can't even have a proper 'consultation' without trying to manipulate, preach and malign people. Unfortunately we have no decent opposition here.

Jintyfer · 18/08/2020 12:28

@Roswellconspiracy

There are children who have to walk miles a day for water.

Malala was shot at fir trying to get an education.

Women beaten and/or jailed for removing their hijab in the streets.

Girls who are trafficked and who's lives are sleezy older men who pay for them fir sex.

And then we have us. The fragile idiots who cannot cope with anyone disagreeing with us. And where basic facts reduce peope to self harm and therapy.

Its an utter embarrassment that instead of being told to turn of the TV or put the lap top down and go outside they police our thoughts akd speech instead

Great summary Roswell. 👍
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