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Feminism: Sex and gender discussions

FPFW: ONS concede defeat!

316 replies

PandorasMailbox · 17/03/2021 07:09

"We did it. We won. ONS have conceded defeat and will pay our legal costs.The High Court has now sealed the court order that sex in census cannot be self-identified.

Please share the news!"

fairplayforwomen.com/fair-play-for-women-wins-high-court-challenge-against-ons-census/?fbclid=IwAR0tJbErXe1wtBvuwZeNfyqs71OGlGvXQIoERD5FeBGyzoWmCz7DpkbXlT0

Fantastic news Smile

OP posts:
NecessaryScene1 · 17/03/2021 09:04

(I think this is different to the case of the prison service, where they should also have information about real sex to apply the GRA2004 single-sex exemptions. What a mess...)

ChazsBrilliantAttitude · 17/03/2021 09:03

I think the ONS position may have been more pragmatic than strategic. They would be ripped apart by the press if the JR case and judgement went badly. It was clear from the interim hearing they couldn’t win. They don’t want to admit how badly they were stonewalled, how much money has been wasted, how they tried to launch early to derail the case etc.
I think it’s an exercise in arse covering rather than an active concern about the challenge to GRC. (There are so few grc that they are statistically meaningless).

talesofginza · 17/03/2021 09:02

Wonderful news!!

NecessaryScene1 · 17/03/2021 09:02

I am slightly worried that the ONS has done this in order to cement the compromise position and not risk the possibility of being forced to record sex wholly accurately.

Sounds plausible, except I don't think this case was ever aiming to go that far. I think recording legal sex is probably as far as we can get without unwinding the GRA2004.

If that act means anything, it means the government records your sex in official records as the modified value, and that would include the government's census.

The single-sex exemptions don't kick in because this isn't a service or anything, it's just a record.

McDuffy · 17/03/2021 09:00

Amazing work, well done to all involved.

Coffeeandcocopops · 17/03/2021 08:59

Just amazing. I honestly did not think we would get this. I felt stonewell had got too far into public and state organisations. It was a massive job taking on the Govt!!! Well done Hope you will be celebrating tonight - you deserve it.

WeRoarSometimes · 17/03/2021 08:58

Fabulous news. It's been a rotten couple of weeks. We needed some justice when it comes to our rights.
Shows how badly public organisations have been captured by a certain lobbyist.
Amazing work FPFW.
Just amazing.

AnyOldPrion · 17/03/2021 08:56

Will there be a judgement? I thought this hadn't gone to full JR (that would have been Thursday). Have the ONS backed down because they don't want a full JR? Whatever, it does mean that these organisations are going to have to look very carefully at unreliable advice giving way to unsafe actions

I wondered this too. More specifically that I had hoped the final judgment would go further and specify that sex means sex and not legal gender from a GRC.

I am, of course, delighted that FPFW won. But if the definition of sex has now officially changed to include the legal fiction of GRC, then it becomes essential that self-ID never comes to pass.

Otherwise the work done here will need to be done again, and at that point will be much more difficult as the precedent will be set.

I am slightly worried that the ONS has done this in order to cement the compromise position and not risk the possibility of being forced to record sex wholly accurately.

AfternoonToffee · 17/03/2021 08:54

@Biscuitsanddoombar

Wooohoooo 🎉🎉🎉🎉

And costs awarded too so extra money for women’s organisations 😁😁😆

I do wonder at what point organisations might start to look at their relationship with Stonewall & what they’re getting out of it....

When they realise that it will cost them if they are brought to court. Maybe another case or two.
ChazsBrilliantAttitude · 17/03/2021 08:54

@highame
The ONS have agreed that they were wrong and FPFW were right. They have agreed to a court order that states that. They are also paying FPFW’s costs. So we have a public body bound by a court order that states for the purpose of the census legislation sex means birth certificate or grc

PronounssheRa · 17/03/2021 08:53

I wonder when government departments will start reevaluating their relationship with stonewall.

Time after time stonewalls advice/demands result in the law being broken and its starting to make organisations look stupid.

Plus I'm pissed off that women keep needing to pay up just to have the law respected.

334bu if Scotland census is also based on the census act then National Records should take it in board. Whether they will is another question

StillFemale · 17/03/2021 08:51

Great news, that was money well spent Grin

WisestIsShe · 17/03/2021 08:50

Great news! Thanks to FPFW and to the members of this board who keep us updated.

NecessaryScene1 · 17/03/2021 08:48

I bet Sir James Eadie QC is relieved.

I wonder how much he's responsible for them dropping it - barristers will tell you quite bluntly up front when they believe a case is unwinnable. (So you can't pin it on them if you decide to go ahead. Wink)

It's also a kind of mercy - "if you think what I'm saying about your case is rude, you won't be able to handle what the judge says, believe me."

littlbrowndog · 17/03/2021 08:48

I was wondering that as well

ImpatiensI · 17/03/2021 08:48

This is inspiring for all causes - you can take on a Goliath and win (tho it will take more than one stone probably..) Congrats and Thank You FPFW!

334bu · 17/03/2021 08:45

Will the National Records of Scotland have to take this on board? Given their draft guidance on Sex and Gender data they have apparently been totally stonewalled. Can we expect to have to go to the courts up here before next year's census?

NecessaryScene1 · 17/03/2021 08:44

I thought this hadn't gone to full JR (that would have been Thursday).

It hadn't, but they're accepting the interim ruling, so that is now made the final judgment of the JR.

ChazsBrilliantAttitude · 17/03/2021 08:44

Great news.

Now the Peers can start to ask some hard questions about how the ONS ever got into this mess. Maybe the National Audit Office too.

I bet Sir James Eadie QC is relieved. Wink. I don’t know how he kept a straight face in the interim hearing given the tosh he had to argue.

DialSquare · 17/03/2021 08:43

Absolutely fantastic. Well done FPFW. I'm happy for them to do whatever they see fit with my donations in the knowledge it will go to a worthy cause. So chuffed.

littlbrowndog · 17/03/2021 08:43

From nic

The minister for the Cabinet office (Michael Gove) sent a QC from the Government Legal Department (GLD) to attend the hearing on his behalf. The GLD also defended the ONS in court using its top QC, First Treasury Counsel. They brought the big guns out to defend this case /13

NecessaryScene1 · 17/03/2021 08:43

I wonder what they will do about our donations, I’m happy for them to keep mine, but I’d also maybe like half of it back if that’s an option, to donate to another cause.

The crowdfunder said:

If any funds are left over after the legal action they will be used for other Fair Play For Women campaigns.

I think it's safe to say that FPFW campaigns are quite good value for money, so that's fine by me.

highame · 17/03/2021 08:42

Will there be a judgement? I thought this hadn't gone to full JR (that would have been Thursday). Have the ONS backed down because they don't want a full JR? Whatever, it does mean that these organisations are going to have to look very carefully at unreliable advice giving way to unsafe actions

littlbrowndog · 17/03/2021 08:41

Yes Michael gove noting this as well

GonadTheGaul · 17/03/2021 08:41

@Shedbuilder

This is great news, FPFW. So now we have it confirmed in law — sex is biological and cannot be identified out of. Which leaves the GRA looking like the legal fiction that we all know it is.

Has anyone done an FOI to try and find out who it was who encouraged the ONS to adopt this policy? Was Stonewall behind it?

Great work by FPFW!

This report written by Jane Clare Jones has some illuminating information in it about the development of the census question on sex and the guidance on answering it thepoliticalerasureofsex.org/

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