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Feminism: Sex and gender discussions

What right to a single sex space do I have and how?

365 replies

Avocadowoman · 13/06/2021 11:37

I saw a comment on another thread and it got me thinking. The comment was (broadly):

'A woman's right to a single sex space cannot co-exist with a transwoman's right to enter a woman's space based on gender identity'.

That is undoubtably true. If a transwoman enters a female space that space is no longer single sex.

However I am unsure what legal rights exist to give women the right to single sex spaces. The trouble seems to be that the law seems to assume that they are something someone will want to provide, and go from there.

Workplace regulations mean I have the right to a single sex toilet at work (but we all know how many workplaces ignore that in their transgender policies).

I haven't looked into prisons legislation.

But I think everything else is based on a providers right to provide a single sex service. If they choose to provide one great, if not I don't think I have the right to one.

If a provider chosses to open a female space to transgender women without a GRC, the people who are being discriminated against (legally) are, I think, not women, but men who would like to access that space but who are turned away and do not say they are transwomen. This makes it much harder to deal with through litigation, I think.

Clearly females are discriminated against in the same way by not being able to go into male spaces if those male spaces are open to transmen without a GRC, but that doesn't help me if what I want is a female space.

If my religion was one which forbade me to (for example) undress with men, then possibly the lack of provision of a single sex space may be discrimination due to my religion - but as it happens that is not my religion so that doesn't help me.

That means that where the single sex space is provided by the government (prison, hospital, school etc) it is the government we can petition to keep those spaces single sex. And that is useful because the government would not want to have a policy that is 'hypothetically discrimatory' if I can put it like that (eg discriminates against a woman who wants to enter a male single sex space, even though that is less likely to happen).

But sports, for example, therefore need to be taken up with each provider/governing body.

Am I missing something? Ot do women actually have very few 'rights to single sex spaces' compared to 'the right to provide a single sex space'?

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slug · 15/06/2021 13:33

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HelenHywater · 15/06/2021 12:47

I agree Floisme. And the most vociferous voices are men.

The trans lobby saying that trans people aren't safe (from men) - why is it the answer to make women share their space (with men)? Why is it always women who have to "be nice" " be kind" or give up their hard fought rights? I'm sick of being called a terf just because I want to be safe. I want my own spaces. I don't want trans people to be unsafe, or prejudiced or unequal. The answer is surely a third space.

Floisme · 15/06/2021 12:31

Yes, I think it beggars belief how men, as a class, have been allowed to abdicate responsibility and pass it on to women.

Rejoiningperson · 15/06/2021 12:20

@Helleofabore yes there is a problem with the misdirection I think of the vulnerabilities of trans - based on extreme rhetoric towards women. When the vast majority of harassment and danger to trans women comes from men.

I heard a trans woman on the radio recently, talking about the awful abuse and harassment she’d suffered. They had written a book I think? Don’t remember the name. I was very sympathetic until right at the end they started ranting on about how so much of that abuse had happened in toilets and yet how awful it was that women wanted to keep them out of toilets…

I just thought… hey?! So men harassed you and abused you… which is awful… and yet it is women who are to blame and deserve the anger and woman who are discriminating? Something very wrong there. That trans woman was vulnerable, but to men, not women.

Rejoiningperson · 15/06/2021 12:15

@Helleofabore

I do too Eresh.

And it has been said on other threads, it is not women’s fault that third spaces were never created, it is not women’s fault that male’s told other males it was right to enter into women’s single sex spaces.

It is now not up to women to fix the issue.

That is true. I guess I just was responding to those on the thread who had transitioned through surgery. However you are also right it still isn’t women’s job to sort the problem out for those people. Personally I still wouldn’t mind if someone who had surgery was in the woman’s toilets however at the same time - if it increases distress or harm to women, it’s not on and also it will always open the gateway to anyone being then able to access single spaces.

I guess it might be really powerful if trans women who had had surgery, stood up to trans woman who haven’t.

Avocadowoman · 15/06/2021 12:15

Male to female ratio 4226 granted to males, 1784 granted to females.

And VERY interesting that 'year of birth 1990 onwards' seems now to have disproportionately more applicants. It contains 2 decades worth of people compared to the stats for other years of birth which are by decade, but, since 2019, the average per birth year is the highest of all of them.

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Cailleach1 · 15/06/2021 12:12

@MouseyTheVampireSlayer

Thanks Hellebore. I do wish people would put their weight behind it as I do think a genuine need had been identified. It also annoys me when trans is positioned as 'most vulnerable group ever' as that ignores the many, many vulnerable males who have to navigate toxic masculinity and male spaces. The neuro divergent, those with learning difficulties, sexual orientation. Etc. But their vulnerability lacks glamour.
Or the big bucks and pharma behind it.
Avocadowoman · 15/06/2021 12:06

@AdHominemNonSequitur thank you! I will take statistics over an interview with a judge any day :).

www.gov.uk/government/statistics/tribunal-statistics-quarterly-january-to-march-2021/tribunal-statistics-quarterly-january-to-march-2021#gender-recognition-certificates

I have found the latest version here.

It also comes with detailed tables here:

www.gov.uk/government/statistics/tribunal-statistics-quarterly-january-to-march-2021

(Main Tables has the excel file).

It shows total applications to March 2021 6771. Total refused 294 (about 4%). Total granted 6010.

Balance were withdrawn/error/interim

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334bu · 15/06/2021 12:03

Yes third spaces are the way forward.

MouseyTheVampireSlayer · 15/06/2021 11:54

Thanks Hellebore.
I do wish people would put their weight behind it as I do think a genuine need had been identified.
It also annoys me when trans is positioned as 'most vulnerable group ever' as that ignores the many, many vulnerable males who have to navigate toxic masculinity and male spaces. The neuro divergent, those with learning difficulties, sexual orientation. Etc.
But their vulnerability lacks glamour.

AdHominemNonSequitur · 15/06/2021 11:53

Sorry that was in response to avocados request to back up the claim that a fair number of people are rejected. (It could have changed significantly since the last year provided though, bit sinister that yearly information, freely provided suddenly stops)

AdHominemNonSequitur · 15/06/2021 11:47

For some reason I can't open the PDF at the moment but
www.gov.uk/government/collections/gender-recognition-certificate-statistics

Nothing more recent than 2014 but has comprehensive info about GRCs and tribunals broken down by sex, refusals and deferments(which I expect is spousal veto for married late transitioners). If I recall it was about 10% of applicants were turned down. But I can't confirm at the mo as I can't open it.

Helleofabore · 15/06/2021 11:36

mousey Flowers

MouseyTheVampireSlayer · 15/06/2021 11:20

From a purely selfish point of view as well I am really behind third spaces. DS disability is likely to be in the mild camp, it doesn't fully 'settle' until.2. I could see third spaces being important in establishing his independence as I would be able to accompany him a little longer to develop his confidence and skills. I'd also feel he wouldn't be as vulnerable surrounded by families and a gender mix. If (as I hope) his disability proves my 'mild' enough then he may get judged on using disabled facilities, as it would be an invisible disability but he'd still benefit from things like a handrail next to the toilet.
Trans is just another reason to add to why we need third spaces in public, there is a need for them.

Helleofabore · 15/06/2021 11:10

I think it must be quite a challenge to realise that women who seemed to be agreeing with you in the past may well have been simply being nice while hiding what they really felt. Or were at the time, like me, not thinking of the ramifications to others because I had never noticed the more vulnerable people or those who simply needed the privacy of a single sex space.

It was when I stopped working in corporations, and had to deal with an infant and an ageing mother that I realised that I, in my lack of exposure, had not thought of other people's needs in as much depth as I should have. I would have willingly, to be 'liberal', given away the rights of other women to be nice to males.

Datun · 15/06/2021 10:49

@MouseyTheVampireSlayer

I must admit I previously would have been among them. Which is why discourse is so important, it was only after JK's essay that I even considered it to be harmful to vulnerable women. And the reason I looked into it was because on every other subject she's absolutely liberal in the position she takes. Still, I didn't decide on my position till I'd researched it myself as well. I think a lot of the time it's just a lack of awareness, and that's because identity politics means people often automatically take a position without considering it themselves. And some of the time it's privilege with a lack of empathy. And some of the time it's self preservation. On the whole I think women as a class are only now becoming aware. The Olympics will be a real moment in time for obvious reasons.
Yes, this.

Raising awareness is very important. And also, the fact that so many children are being taught gender ideology.

More people are definitely becoming aware, because it is actually affecting them, it's not just a thought experiment.

And yes, I wonder what will happen in the Olympics.

Helleofabore · 15/06/2021 10:46

This is very true avocadowoman.

MouseyTheVampireSlayer · 15/06/2021 10:44

I must admit I previously would have been among them.
Which is why discourse is so important, it was only after JK's essay that I even considered it to be harmful to vulnerable women.
And the reason I looked into it was because on every other subject she's absolutely liberal in the position she takes.
Still, I didn't decide on my position till I'd researched it myself as well. I think a lot of the time it's just a lack of awareness, and that's because identity politics means people often automatically take a position without considering it themselves.
And some of the time it's privilege with a lack of empathy.
And some of the time it's self preservation.
On the whole I think women as a class are only now becoming aware. The Olympics will be a real moment in time for obvious reasons.

Avocadowoman · 15/06/2021 10:38

We have to face up to the fact that it is not just males who tell (have told) other males they have the right to enter into women's spaces.

Women do it too. There are many many women who will happily tell a transwomen she is welcome to enter the ladies. We know (some female MPs I am looking at you) that for some that extends to sports and prisons. We can speculate why, we can disagree, but we can't pretend that it isn't happening.

And we don't have a mechanism for sorting this out! Because we have very few laws that say spaces must be single sex - we rely on a myriad of 'service providers' to want to provide that space for us.

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Datun · 15/06/2021 10:28

Yes indeed. I'm also not without sympathy, which I can have at exactly the same time as recognising entitlement when I see it.

I honestly don't think that certain people realise that they genuinely think women are supposed to be support humans. I know we use the term support humans, or service humans, but that is actually how women are viewed by an extraordinary number of people.

For so long they have simply expected women to accommodate them, it genuinely doesn't compute when they stop.

It's quite obvious in that when women say no, that's not enough. Women aren't supposed to say no. It's certainly not a sufficient reason. they must be persuaded, told, and in many cases, threatened.

'No' isn't heard.

Helleofabore · 15/06/2021 10:09

I do too Eresh.

And it has been said on other threads, it is not women’s fault that third spaces were never created, it is not women’s fault that male’s told other males it was right to enter into women’s single sex spaces.

It is now not up to women to fix the issue.

Ereshkigalangcleg · 15/06/2021 10:04

I have sympathy too, and I advocate third spaces.

Rejoiningperson · 15/06/2021 09:56

I guess I just do have sympathy for the very small number of men who have gone through extensive surgery, and now have any man who wants to call himself Mary hustle in. That group are pretty vulnerable (those who have gone through surgery).

I get the arguments for keeping single sex spaces, and that women are not human shields. I just think this is one huge mess by a strange experiment of ‘there is no such thing as biological sex’ group - the trans lobby.

Helleofabore · 15/06/2021 09:55

A transwoman passing as a cis woman entering the male bathrooms is not going to go well, perhaps less so if they don't quite "pass".

The answer the entire time was to educate the males that you all come in many forms. It was NEVER the answer for single sex spaces to be given to others. Not for safety, not for any reason.

It is really enlightening to see the lack of respect for women who say no.

It is really enlightening to see posters who when asked about the women who are being excluded, resort to 'what about me!'.

TheRebelle · 15/06/2021 09:48

Safety mostly. A transwoman passing as a cis woman entering the male bathrooms is not going to go well, perhaps less so if they don't quite "pass". Equally, a transman entering the women's toilets. It's the open prejudice displayed on these boards that makes trans people's lives super tough. Who would want to be trans by choice?

Do you know what makes women’s lives super tough? Being sexually assaulted in the street and being told it’s “just one of those things”, the open hostility from men and even other women when we do things we’re entitled to like take maternity leave and breastfeed in public, not having any public changing areas we can be certain we can undress in without some privileged class of males barging into and we can’t even ask them to leave or they’ll try to get us sacked from our jobs.

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