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Feminism: Sex and gender discussions

Government says it is too complex to make changes to the GRA to include non binary

312 replies

stumbledin · 21/05/2021 19:51

As set out in the response to the Gender Recognition Act consultation, there are no plans to make changes to the 2004 Act.

Following a considerable amount of consultation with the public and representative organisations, the Government decided that the current provisions within the GRA allow for those that wish to legally change their sex to do so fairly.

The 2018 GRA consultation did not bring forward any proposals to extend the GRA to provide legal recognition to a third, or non-binary, gender. The Government noted that there were complex practical consequences for other areas of the law, service provision and public life if provision were to be made for non-binary gender recognition in the GRA.

In UK law individuals are considered to be the sex that is registered on their birth certificate – either male or female. The GRA provides a means for transgender people to change the sex on their birth certificate, but there is currently no provision for those who do not identify as male or female.

This Government wants everybody in the UK to feel safe and confident to be themselves.

We are committed to tackling all forms of homophobic, biphobic and transphobic hate crime, and are working with the Home Office on the cross-Government Hate Crime Action Plan. The Government has asked the Law Commission to review the current hate crime legislation, which includes exploring whether homophobic, biphobic and transphobic hate crime should be considered an aggravated offence. We will also take an assessment of local support for hate crime victims and improve reporting and recording of LGBT hate crimes through supporting additional police training.

Following Parliamentary approval on 8th October 2020, voluntary questions on sexual orientation and gender identity were included in the 2021 Census for England and Wales which took place on Sunday 21 March 2021. Final data on sexual orientation and gender identity from the 2021 Census for England and Wales will likely be available from 2023, with initial Census findings planned for publication in March 2022 (timelines subject to change as work progresses). This will help to provide more robust population size estimates for England and Wales than are currently available.

This Government is committed to supporting all LGBT people, tackling discrimination and improving the lives of all citizens.

Cabinet Office
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This is in response to a petition that I will not link to for fear this thread will get banished to the wastelands of the petition section.

But there is a news story here. uk.news.yahoo.com/non-binary-legal-recognition-too-153914753.html

OP posts:
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Ereshkigalangcleg · 27/05/2021 15:00

Fantastic, well done @MNHQ

EmpressWitchDoesntBurn · 27/05/2021 14:50

@LangClegsInSpace

My history post has been reinstated Smile

Thanks MNHQ!

Great! Thanks MNHQ!
LangClegsInSpace · 27/05/2021 14:44

My history post has been reinstated Smile

Thanks MNHQ!

NiceGerbil · 26/05/2021 23:07

This reply has been deleted

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RedDogsBeg · 26/05/2021 22:13

It reminds me of a talk I went to a few years ago when a TRA lawyer was arguing that women had no reason to be concerned about safety because the stigma of men taking on a feminine appearance was so strong that no man would do it unless it was "genuine".

That is such a telling statement isn't it? It shows just how much contempt women are held in by men that it is considered a stigma for a man to have a feminine appearance, it couldn't be any clearer how women are considered so much lesser and that is the core reason for the mess we are in with the GRA.

LangClegsInSpace · 26/05/2021 21:51

I wanted to make a point that if women's safety depends on men being stigmatised for presenting as women, surely we would need to maintain that stigma. I don't want people to be stigmatised for how they look but there is a serious flaw in saying X won't happen because of Y deterrent while also arguing for dismantling the Y deterrent.

Very good point. It's so obvious once it's pointed out.

NonnyMouse1337 · 26/05/2021 21:44

Now it is becoming clearer that any inch will be stretched to a mile, I think women are becoming more comfortable in saying "you know what, I was never okay with this".

Absolutely.

Males in women's prisons. Males taking women's medals and awards. Males in rape shelters. Males in women's hospital wards and changing rooms. And on and on.

And yet people keep babbling on about toilets to make women seem trivial and petty as NiceGerbil says. (Single-sex toilets are not a trivial matter by the way.)

Women's spaces are not some automatic prize for males who jump through an arbitrary set of hoops.

It is deeply unethical anyway for governments to mandate surgical procedures so individuals can access certain spaces or rights.

EmpressWitchDoesntBurn · 26/05/2021 21:35

Empress thank you Flowers

I actually recommend people buy Pressing Matters vols 1 and 2 if they can bear to give Christine Burns a few quid (£3.99 for each volume on kindle)

I think I might, actually. And thank you for providing the screenshots Flowers

FloraFox · 26/05/2021 21:32

There was a post further up about the criteria for an GRC not having been changed and while that is strictly speaking true, there was a regular poster here about 8 or so years ago who was going through the process. That person said that it had been the case that although not technically required in the legislation, it was necessary in practice to have had surgery to evidence their commitment to the transition. It was changing at that time to a position where surgery was not required, partly because of the serious and unpleasant nature of the surgery. When the GRA was passed, I believe the general viewpoint was that if someone was willing to go so far as to get surgery, that would be a deterrent for casual, bad faith chancers. Now that is no longer the case, it does undermine the balancing up that was done when the GRA was passed.

It reminds me of a talk I went to a few years ago when a TRA lawyer was arguing that women had no reason to be concerned about safety because the stigma of men taking on a feminine appearance was so strong that no man would do it unless it was "genuine". Hmm I wanted to make a point that if women's safety depends on men being stigmatised for presenting as women, surely we would need to maintain that stigma. I don't want people to be stigmatised for how they look but there is a serious flaw in saying X won't happen because of Y deterrent while also arguing for dismantling the Y deterrent.

ZuttZeVootEeeVro · 26/05/2021 21:26

I really think that blues idea that surgery should be a requirement to be fully considered a woman for everything is a bad idea.

I agree. I also think we need to appreciate that what the older male transioner wants might put pressure on the younger, mainly female transitioner.

LangClegsInSpace · 26/05/2021 21:16

Empress thank you Flowers

I actually recommend people buy Pressing Matters vols 1 and 2 if they can bear to give Christine Burns a few quid (£3.99 for each volume on kindle)

The books are so information rich - and obviously we can't type out the whole two books - and they are chock full of links to even more information rich sources, including a lot of archived material that is otherwise difficult to find.

For anybody wondering how we got where we are now without anybody noticing, these volumes are an extremely valuable resource.

NiceGerbil · 26/05/2021 21:13

I would be very wary as it's very unusual to have toilets at tube stations and I'd worry they'd take the easy, money saving option of closing them.

I did complain once when they were single sex. When 3 women were waiting for ages- I was heavily pg and desperate. We were all looking at each other like fgs and knocked etc.

After ages a man came out, smirked at us and sauntered off, leaving the most terrible stink.

He was a driver and so yes I complained in the station.

EdgeOfACoin · 26/05/2021 21:06

Loads of places eg my tube station have changed their signage. It's now the original set of gents which are still gents, the other facilities are all mixed sex.

NiceGerbil can you complain about that? Train stations are one place I would feel very wary of using mixed-sex facilities, especially at night.

NiceGerbil · 26/05/2021 21:02

And the bogs thing sadly is a bit moot. The social contract, the invisible barrier as it were, has been destroyed. Turning things back will be very difficult.

The reason bogs is raised is to make women who don't want to share with males seem trivial.

For many reasons it's not actually trivial.

Already though. I've been to restaurants where the ladies has been turned mixed sex, realising space for more dining.

Loads of places eg my tube station have changed their signage. It's now the original set of gents which are still gents, the other facilities are all mixed sex.

I don't understand how this helps anyone except for men.

NiceGerbil · 26/05/2021 20:58

I really think that blues idea that surgery should be a requirement to be fully considered a woman for everything is a bad idea.

It's a huge risky operation. Must be incredibly painful and recovery can't be that quick.

No one should be encouraged in any way down that route. Saying that having the surgery is a ticket to something that essentially says yes you're going to be seen and accepted as if you were female for everything, which I imagine is a pretty big deal, is encouragement.

I can't accept that as a separate category for that reason.

FloraFox · 26/05/2021 20:33

Is it ok to say that a post op transsexual is the same as a cross dressing fetishist?

Young, old, gay, straight, fetishists, not fetishists, any ethnicity: all male.

That's the criteria here. If any male person, whether a post-op transsexual, fetishist or any other subcategory of male is in a female only space, it is no longer a female only space.

How you want to distinguish between categories of male persons for the purpose of keeping some male persons safer from other male persons in male spaces is an issue for men to work out and campaign for. It's becoming clear that women are getting sick of being expected to be human shields or emotional support humans for vulnerable males.

There was never widespread acceptance of some males in women's spaces. There may have been acquiescence by some women due to fear, politeness or level of passing the went unnoticed but that is not the same as consent. Now it is becoming clearer that any inch will be stretched to a mile, I think women are becoming more comfortable in saying "you know what, I was never okay with this".

Winederlust · 26/05/2021 19:30

@BlueLipstickRocks

I find the assumption that women en masse consented to males in our spaces infuriating. No we fucking didn't.

I find the assumption that all women are equally opposed to be infurtiating. Yes, some are. Just as some are accepting.

You have a perfectly valid position - it doesnt mean it should be forced on all women.

I've been reading this thread trying really hard to understand and appreciate your position, but you're really not helping yourself here.

So some women are OK with trans women in the female toilets. Why should their position be forced on the vulnerable or those with religious reasons for not wanting to share with males?

On balance, I personally don't have much of an issue with a post-op trans woman sharing the women's toilets but 1. I fully understand, appreciate and support those who don't (or can't), and 2. How would we police this? Unfortunately the floodgates of self-id have been opened and whilst i sympathise with you that's neither women's fault not their problem.

NonnyMouse1337 · 26/05/2021 18:32

Thank you for typing that out EmpressWitchDoesntBurn.

It is good to see it set out so clearly that this was the plan all along.

EmpressWitchDoesntBurn · 26/05/2021 18:17

@LangClegsInSpace

Screenshots from Christine Burns' book - Pressing Matters Vol. 1. explaining PFC's rationale for using the word 'trans'.
For MNers who can't read screenshots, I've typed this out. I don't know how long it will stay up but I thought it was important enough to do.

Christine Burns wrote:

'Until human rights campaigners like us came along, talking about umbrella concepts, this diverse community had got along with a relatively stable lexicon for many years. There were 'transvestites' and 'transsexuals' - TVs and TS's in the community shorthand - and that was more or less the only language you needed to know for more than a generation since Harry Benjamin had coined the latter term in his book 'The Transsexual Phenomenon' in 1966.

Our successes as a campaign were grounded in progress made for people who fitted the clinical definition of transsexual. At the heart of this was a tacit understanding that people in positions of power might be persuaded to change laws for people with some kind of clinically underwritten status - something they couldn't help being. This is why 'Transsexualism - The Medical Viewpoint' was seen as strategically important and why all the key court cases had rehearsed the developing scientific understanding of a basis for us being born or developing this way. It was also why the government would expect to include a medical definition of 'transsexual' in the forthcoming employment protections they planned to consult upon.

We knew in our hearts at that time that policymakers and judges weren't yet sophisticated enough in their understanding to contemplate rights for people whose difference appeared self-identified or impermanent or maybe even optional. That didn't mean we weren't going to try where possible. There was a valid freedom of expression case to be made for people to be able to present in whatever way they wish. But we were also pragmatists, careful not to frighten the horses at this early stage. (Note, however, that in the Equality Act 2010 - which replaced the Sex Discrimination Act - the requirement for having been medically diagnosed was finally removed).

I cannot recall exactly how we reached a consensus inside Press for Change. It wasn't written down in email correspondence - it arose in telephone or face to face conversations, including the long calls I was now having with Claire McNab on Sunday afternoons before setting off for another hotel. Somehow or other, however, we arrived at a consensus that if we maybe all used the word 'trans' as an umbrella term - and words like 'transsexual' only when we needed to be more specific' then maybe some of that would catch on gradually.

And so that is what we did. From there on, without fanfare, my essays and our web content discreetly began to use this language. Claire took the opportunity during the move of the PFC website to revise the existing content in the same way.

In the weeks and months ahead people would sometimes ask what the word meant or why we were using it. Then we would explain the rationale and suggest why we thought it was important. The change was gradual. In fact it took years for the word to begin sounding familiar and to hear it in other people's language. In 2002 when we were consulting over government press releases to announce the forthcoming Gender Recognition Bill, the officials still weren't convinced that enough people understood the new word to use it. Yet today most people seem to embrace the word naturally - when they are not simply calling themselves men or women.'

Stopthisnow · 26/05/2021 18:00

Is it ok to say that a post op transsexual is the same as a cross dressing fetishist?

There are clearly some AGPs who have had full surgery and are considered to be ‘transsexuals’ some have even admitted this. A male whose AGP led to him being diagnosed with dysphoria and undergoing surgery, and say a gay male whose experience of homophobic abuse led to him being diagnosed with dysphoria and undergoing surgery, are both surgically altered males aren’t they, i.e. ‘transsexuals’?

Even if the law was changed and surgery became a requirement for a GRC how we can tell which men have had surgery from those who haven’t just by looking at them? Males whose AGP led to their dysphoria and them undergoing surgery would still be eligible for a GRC under a law which required surgery. Why should women and and girls be forced to provide validation and/or safety for males with dysphoria?

In my view all males need to be kept out of women’s spaces and the definition of woman in law.

ZuttZeVootEeeVro · 26/05/2021 17:42

I'm not buying this golden time when every women freely, but unspokenly allowed transsexuals but not transvestites or transgender males into our spaces. Maybe in pubs when the individual was known, but in public toilets and changing rooms where girls would likely be alone?

If we all knew which people were ts and which were tv, when did we lose that ability? If TS were generally accepted as women, why do they need the legal secrecy that a grc gives?

I do think theres probably two types of trans males - those who would do anything not to be 'outed' so would avoid sex segregated spaces, and those who don't care. I suspect that's the difference we are experiencing now.

Faceicle · 26/05/2021 17:20

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JustcameoutGC · 26/05/2021 17:19

@BlueLipstickRocks hats off to you for sticking it out on this thread. It can't be easy.

I am deeply concerned about the clash between trans rights and womens' rights that stonewall ET al have set up, and tried to stream roller over. There should be no males in female sports or prisons. Women should always be able to know and choose the sex of their health care providers. Lesbians being told that ladydicks are real and they should embrace them is sickening. The erasure of the word woman enrages me.

But toilets? As long as everyone is behaving appropriately I am not that bothered. However allowing a male into female toilets, any male including post op transexuals , is not my gift to give. Whilst I would happily welcome you in any bog I frequent, many women would not and their consent takes priority.

I can see you too are the victim of the extreme position of Stonewall. In days gone by, transvestites and post op transsexuals were broadly discreetly welcome. But now you will forever be seen as the Trojan horse that will bring anyone who decides they are a woman into our spaces. As someone said up thread, this trust has been broken, and it is hard to see how it will be repaired.

That totally sucks for you and I am sorry you are caught in the crossfire.

LangClegsInSpace · 26/05/2021 16:47

It is very strange because in their interviews and writing, Chritine Burns, Stephen Whittle and Alice Purnell all seemed to be very proud of their achievements. Yet somehow it's a bad thing to share them. Have they all been cancelled or something? Confused

RedDogsBeg · 26/05/2021 16:43

@EmpressWitchDoesntBurn

Well.. well.. well.... Why are they so eager to cover it up?

And how do they justify asking MN to delete the words of Christine Burns, a pioneer in trans rights?

They can't handle the truth maybe?
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