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Feminism: Sex and gender discussions

NEW: Grounds in support of intervention in the Bell v Tavistock JR appeal published

238 replies

ItsAllGoingToBeFine · 26/01/2021 09:53

twitter.com/RadFemLawyer/status/1354002497753538562?s=19

This is going to fascinating to follow.

GIRES, Stonewall, Brooks and the Endocrine society are intervening.

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Mollyollydolly · 26/01/2021 17:55

Have people seen the tweet from The Royal College of Obstetricians and Gynaecologists .. nothing surprises me anymore. Nothing.

twitter.com/RCObsGyn/status/1354024000838627331

BuntingEllacott · 26/01/2021 17:48

@FreiasBathtub

I know Bunting. Not saying for a moment that the organisations involved have even the smallest interest in securing such an outcome.

Just that, if they are able to draw a line between the arguments they don't like and abortion rights, why can't they draw and consider a similar and pretty obvious line in relation to the arguments they do like?

It's basic critical thinking?

Because they're not really drawing a line to abortion rights. They are doing what TRAs have perfected as an MO - adopting any and every point that other campaigns have used, no matter how contradictory, to force compliance.

They give no fucks about abortion rights. Just as they give no fucks about gay conversion therapy. Or the sensitivities of women who do not menstruate. Or the women of colour they so often co-opt.

They're not trying to protect any of these rights or groups of people. They are leveraging slogans to emotionally manipulate. If they actually gave a crap about children with gender dysphoria they'd be pouring their energies into campaigning for world class care for those children, not attempting to throw up dust about rights which are not even slightly threatened by ensuring the best care for these kids.

FreiasBathtub · 26/01/2021 17:34

I know Bunting. Not saying for a moment that the organisations involved have even the smallest interest in securing such an outcome.

Just that, if they are able to draw a line between the arguments they don't like and abortion rights, why can't they draw and consider a similar and pretty obvious line in relation to the arguments they do like?

It's basic critical thinking?

Datun · 26/01/2021 17:19

It doesn't make any sense at all. Anyone with the smallest experience of these children knows they are highly influenced, often negatively, by online pressure. ROGD, which many parents think is responsible for the huge increase in children showing up to these clinics, relies on Internet pressure.

Many have suffered from past trauma. And aren't looked after children particularly susceptible?

The thing that characterises these children is their vulnerability, not their wisdom. I have no idea how they are going to spin it as the opposite.

BuntingEllacott · 26/01/2021 17:11

But I would caution anyone posting to be too much more direct about what we are alluding to, as, yes, even on a parenting website, it is likely to get you deleted. Hell, I might even face the chop myself for my oblique references.

BuntingEllacott · 26/01/2021 17:06

You do not have to be remotely tin foil hatted to know that the argument that some children are wise beyond their years and therefore able to consent has horrendous provenance.

FreiasBathtub · 26/01/2021 17:01

Bunting I'm honestly not a conspiracy theorist. But I'm really saddened that apparently all of these organisations are able to twistily extrapolate that Kiera's judgement threatens abortion rights, and yet cannot take the much more direct path to the risks to children if you say knowledge = consent.

I've only had very limited professional engagement with safeguarding principles and procedures, but that would be my first thought. What else might children know about but not, legally, be able to consent to? Sad that GIRES, and especially Brooks, couldn't work it out.

MoleSmokes · 26/01/2021 16:55

@NonHypotheticalLurkingParent

It sounds like they’re basically arguing that trans children are special, have special comprehension powers and so can consent (to PBs) on account of being uniquely special. That no one considered that trans children, when denied what they want, will scweam and scweam and scweam until they’re sick.
The only logical interpretation of their argument is that these children are “wise beyond their years” to the extent of being psychic.

Have I got this right?

  • The relevant part of the original judgment that they are not contesting is that “informed consent” must include consideration of factors that one can only understand through actually experiencing them, eg. orgasm, adult potential for fertility, sexual and fertility factors in adult relationships.
  • What they are claiming is that children who believe they are the opposite sex (including those who have been led to believe they are opposite sex by adults interpreting their behaviour) have a special super-power that enables them to bypass the normal need to a) experience these things and b) to consider them with adult understanding, in order to take them into account.

Is that right?? Shock

McDuffy · 26/01/2021 16:08

@Apollo440

It all falls apart outside of twitter.
That's so true. If it wasn't for the echo chamber maybe there'd be a more considered approach rather than the bulldozer. Bulldozers aren't effective in court.
PotholeParadies · 26/01/2021 15:56

Traditionally, if a young lesbian took part in a legal case alleging that a clinic had failed in its medical and safeguarding responsibilities and gone on to give her (and other young women like her) inappropriate treatment, Stonewall would be on her side.

Instead, Stonewall is intervening to support the clinic?

AuntyFungal · 26/01/2021 15:47

@BuntingEllacott

Section 16(3) is claiming that children with gender dysphoria going through the GIDS system are so well versed in their condition that they are uniquely placed to give consent. The implication is that while other children with other conditions might not be gillick competent, children with gender dysphoria are a special case and have more insight at an earlier age.

I really hope this gets laughed out of court. That is a ridiculous, evidence-free argument.

Quite Bunting - so special. So insightful.

You say ‘toemaytoe’, I say ‘tomato’
You say ‘versed’, I say ‘coached’
Versed, Coached
Versed, Coached
Let’s let you have what (you think) you want.

Manderleyagain · 26/01/2021 15:33

Yes I noticed that too - the intervenors said the ruling was partly because of the information being given to to the children. But as I read it, the judges explicitly said it wasn't about the information, it was about the child's capacity to give informed consent based on that information.

BuntingEllacott · 26/01/2021 15:16

@FreiasBathtub

I'm very confused about this assertion in the grounds to intervene that being 'well-informed' is the same as being 'competent', in the Gillick sense. You can have as much information as you like, if you don't have the emotional, intellectual, experience-based framework to contextualise that information, and if you haven't yet developed the tools to weigh up choices and make decisions, you cannot be competent. It's a really important category error. Gillick surely is predicated on the idea that it is these abilities that develop over time, they can't be 'educated' or 'enforced', they are developmental. In the same way that we wouldn't expect a four month old to walk, no matter how many different ways we try to teach them. They simply don't have the capacity to do it yet.
Well yes, this seems to be the issue. This particularly tunnel visioned lobby thinks that Gillick competency is when you tell a ten year old child all about a procedure and possible side effects and consequences, and if they say they still want to have it, for sure, no takesy-backsies, they have given consent.

The level of credulous ignorance among people who manage to otherwise live adult lives astounds me.

WellIWasInTheNeighbourhoo · 26/01/2021 14:58

This astounds me, surely just one young person regretting the irreversible surgeries and hormone treatments performed on them as a child is enough to cast doubt on the whole process. Let alone the hundreds all over Twitter regretting what was 'done to them'. How do these people even sleep at night.

sashagabadon · 26/01/2021 14:51

Good to see all their arguments out in the open for others to see

FreiasBathtub · 26/01/2021 14:49

I'm very confused about this assertion in the grounds to intervene that being 'well-informed' is the same as being 'competent', in the Gillick sense. You can have as much information as you like, if you don't have the emotional, intellectual, experience-based framework to contextualise that information, and if you haven't yet developed the tools to weigh up choices and make decisions, you cannot be competent. It's a really important category error. Gillick surely is predicated on the idea that it is these abilities that develop over time, they can't be 'educated' or 'enforced', they are developmental. In the same way that we wouldn't expect a four month old to walk, no matter how many different ways we try to teach them. They simply don't have the capacity to do it yet.

highame · 26/01/2021 14:49

Charlie I agree. Perhaps our erstwhile band of interveeners haven't kept up with what's going on in the courts Grin

As for anything to do with the NHS, it's been rogue for some time imnobody wonder when it'll get back to doing it's job

nauticant · 26/01/2021 14:48

29 January is only a directions hearing. It'll be a while before the sides are in court arguing their case.

twitter.com/NoXYinXXprisons/status/1351669294346723337

Kit19 · 26/01/2021 14:47

bloody hell, did anyone in these organisations actually read the judgement?

MaudTheInvincible · 26/01/2021 14:45

@bellinisurge

Guessing it's like the orange one's evidence of voter fraud in US elections. Exists in the mind rather than reality but because the mind it exists in is special, it's worth burning down the house for.

Yes, it seems so.

There are some great posts on this thread Thanks

Imnobody4 · 26/01/2021 14:44

Good grief - this tweet from the Royal College of Obstetricians and Gynaecologists. Is this twitter thread going rogue or is this their actual position
twitter.com/RCObsGyn/status/1354024000838627331?s=19
We support @StonewallUK and the @GoodLawProject in their intervention. We remain concerned about the potential effect the Court’s judgement will have on children and young people’s access to sexual and reproductive healthcare.

CharlieParley · 26/01/2021 14:37

@NotBadConsidering

I’m not a legal person, but they seem to be claiming that Gillick allows kids to do whatever they want to do. It says Gillick recommends a child centred approach that recognises children develop at different rates. Therefore they would have to admit that there are children with gender confusion that are not as fully developed.

And if these children are able to consent according to them, then they should have no problem meeting the eight criteria set out in the original judgment.

And to me, it’s laughable that they are going to base this on a challenge regarding Gillick, and somehow Stonewall et al are experts on children consenting to treatment?

There was a relevant judgement on Gillick on 18 January 2021, which referenced Keira's case and which speaks directly to this point. The ruling states that even the consent of a child who has demonstrated Gillick competence can be overruled by the court if the treatment may pose serious risks to the child's health or life.

www.hilldickinson.com/insights/articles/conventional-wisdom-prevails-refusal-consent-medical-treatment-gillick-competent

(In this case, the child refused consent and was overruled, but the court stated this also applied where a child has consented to a treatment the court then considers to pose a risk to the child's health.) If I'm reading this right, this will strengthen Keira's case at appeal.

Defaultname · 26/01/2021 14:31

@highame

I am surprised at all the interveners, and the promise not to repeat evidence or to take up more than an hour of the courts time (if I read that correctly). It seems like they see themselves as the cavalry coming over the hill to save the day.

29th, so Friday. I should think they would be likely to intervene but am stuck as to why? I can see what they're saying but it doesn't look any better than when Stonewall tried to intervene initially.

If they're the cavalry, in 'trans' terms it could be another Little Bighorn. (If you'll pardon the expression).
MichelleofzeResistance · 26/01/2021 14:26

This is going to fascinating to follow.

It really is.

Very much looking forward to seeing how this case is heard.

ItsAllGoingToBeFine · 26/01/2021 14:23

I hope they are allowed to intervene. I'd love to see their arguments examined in a court of law.

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