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Feminism: Sex and gender discussions

Primogeniture- who is a woman?

33 replies

Mumofgirlswholiketoplaywithmud · 17/01/2021 09:32

I was wondering if anyone knew whether the Scottish Government's redefinition of the word "woman" affected Primogeniture, or whether they still know what a woman is when they want to exclude them from things?

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dyslek · 18/01/2021 23:58

@Covidcovid

Also the trans world oddly enough aren’t up in arms and protesting about this. Funny when it could be so important for individuals.....though obviously those individuals are biologically women. Makes you think the trans community don’t give a shit about women, even when they’re trans men. 🤷‍♀️

Instead they focus on female toilet and changing room access for biological men. How bizarre!

yeah, its a real brain teaser init
Mumofgirlswholiketoplaywithmud · 18/01/2021 23:03

@Covidcovid

Also the trans world oddly enough aren’t up in arms and protesting about this. Funny when it could be so important for individuals.....though obviously those individuals are biologically women. Makes you think the trans community don’t give a shit about women, even when they’re trans men. 🤷‍♀️

Instead they focus on female toilet and changing room access for biological men. How bizarre!

Yep
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Covidcovid · 18/01/2021 21:52

Also the trans world oddly enough aren’t up in arms and protesting about this. Funny when it could be so important for individuals.....though obviously those individuals are biologically women. Makes you think the trans community don’t give a shit about women, even when they’re trans men. 🤷‍♀️

Instead they focus on female toilet and changing room access for biological men. How bizarre!

OldCrone · 18/01/2021 21:45

Yes it's just the title.

It's not just the title. It's the right that goes with that title to have a seat in the House of Lords. There are 92 seats in the House of Lords reserved for hereditary peers. They are all held by men because of primogeniture.

Article by Helen Lewis in the Atlantic.
www.theatlantic.com/international/archive/2020/11/feminist-aristocrats-who-want-daughters-rights/617067/

MissBarbary · 18/01/2021 20:20

@MountainWitch

Forgive my ignorance, but what does primogeniture still convey? Estates in the absence of a will no longer go to the eldest male now, nor does the crown in the British monarchy. Is it just titles, like Lord and earl etc?
Yes it's just the title. Actual property and land will be determined by what is in a will or failing a will, the rules of intestacy. The latter do not prefer male heirs over female.
Al1langdownthecleghole · 18/01/2021 16:35

Please don’t be silly. This is about money, and what suits menfolk. Thus firstborn male has no need of a Y chromosome.

As opposed to access to women’s spaces, which is about what suits people without a Y chromosome. Oh, wait.

peak2021 · 18/01/2021 13:16

It should be irrelevant as it should not exist. Abolished for the monarchy, should be for every other part of life where it remains.

CaraDuneRedux · 18/01/2021 11:31

In answer to your question: "Whoever it suits the group of people born with penises to define as a woman given the circumstances and their own vested interests at any given time."

MountainWitch · 18/01/2021 11:28

Thanks OldCrone

drspouse · 18/01/2021 10:23

Adopted children can't transition themselves into inherited privilege either. So many parallels between these legal fictions except the one where we don't lie to adopted children about their biology.

OldCrone · 18/01/2021 10:01

@MountainWitch

Forgive my ignorance, but what does primogeniture still convey? Estates in the absence of a will no longer go to the eldest male now, nor does the crown in the British monarchy. Is it just titles, like Lord and earl etc?
It affects hereditary peerages. This means that it reduces the number of women eligible to sit in the House of Lords.

lordslibrary.parliament.uk/women-hereditary-peerages-and-gender-inequality-in-the-line-of-succession/

MountainWitch · 18/01/2021 09:52

Forgive my ignorance, but what does primogeniture still convey? Estates in the absence of a will no longer go to the eldest male now, nor does the crown in the British monarchy. Is it just titles, like Lord and earl etc?

Mumofgirlswholiketoplaywithmud · 17/01/2021 14:18

@ChChChChChangesToUsername

Yep, females can't identify into male privilege, but males can identify into female spaces.

Reminds me of the rules for the Freemasons, who were applauded for their inclusivity because they decided to allow trans women who'd joined the masons as men to continue their membership. So... continuing to include biological males. While our equivalent (continuing to welcome females based on the fact they're female, however they identify/present) is branded transphobic, of course.

Shock
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Thelnebriati · 17/01/2021 13:58

Its almost as if people can pick and choose which laws to make or keep or uphold and yet somehow the outcome only works in men's favour.

TiredAndGrumpy85 · 17/01/2021 13:45

Well the old legislation was the Sex Discrimination Act, but again it's very similar to the Equality Act and I only applies in certain contexts and there are also exemptions in any event when doing something required by another Act of Parliament.

The Equality Act applies to the Government in various ways - eg DWP's provision of benefits counts as a "service" under the Act, and the Public Sector Equality Duty applies to many Government decisions, but it doesn't stop Parliament from making whatever laws it likes. The anti-discrimination provisions in the Human Rights Act can limit what Parliament is supposed to do in some limited circumstances though to be fair.

ChChChChChangesToUsername · 17/01/2021 13:44

(or I should say, not allowed)

OldCrone · 17/01/2021 13:43

The other thing to highlight is that a woman cannot become a man for the purposes of primogeniture even if they go to the effort of obtaining a GRC, whereas my understanding is that men can count as women for the purposes of the Scottish legislation if they merely indicate that they intend to transition.

And also, if a man who is due to inherit a peerage transitions, even with a GRC (which makes him legally female) he will be viewed as a man for the purposes of primogeniture.

ChChChChChangesToUsername · 17/01/2021 13:43

Yep, females can't identify into male privilege, but males can identify into female spaces.

Reminds me of the rules for the Freemasons, who were applauded for their inclusivity because they decided to allow trans women who'd joined the masons as men to continue their membership. So... continuing to include biological males. While our equivalent (continuing to welcome females based on the fact they're female, however they identify/present) is branded transphobic, of course.

Thelnebriati · 17/01/2021 13:32

There was equality legislation before The Equality Act, and I understood the Govt is an organisation that is bound by the anti discrimination legislation?

TiredAndGrumpy85 · 17/01/2021 13:25

Thats interesting because it creates an unequal outcome that discriminates against women, which goes against The Equality Act...

Ah but it's primary legislation created prior to the Equality Act 2010, and the Equality Act only actually (contrary to popular belief) covers discrimination in certain context - eg education, provision of good and services, employment etc. - nothing that would be relevant for primogeniture.

TiredAndGrumpy85 · 17/01/2021 13:18

I mean I'm disappointed in the law/ not in you tiredandgrumpy. Ps your username= my life

Haha I understood! Wink

The other thing to highlight is that a woman cannot become a man for the purposes of primogeniture even if they go to the effort of obtaining a GRC, whereas my understanding is that men can count as women for the purposes of the Scottish legislation if they merely indicate that they intend to transition.

Thelnebriati · 17/01/2021 12:37

Thats interesting because it creates an unequal outcome that discriminates against women, which goes against The Equality Act...

Mumofgirlswholiketoplaywithmud · 17/01/2021 12:21

@Floisme

It also makes it obvious that the lawmakers themselves don't believe a word of what they're doing.
I really want someone who makes these laws explain how this fits in with the doctrine "transmen are men"
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CharlieParley · 17/01/2021 12:17

didn't one of the women's groups fighting this lose in court because the judge said it was only this one piece of legislation so wouldn't have a wider effect on women?

That is the Scottish Government's argument in court. The judicial review has not yet been decided.

Floisme · 17/01/2021 11:56

It also makes it obvious that the lawmakers themselves don't believe a word of what they're doing.