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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'?

OP posts:
BlueLipstickRocks · 14/06/2021 10:45

*You say not being able to access women only spaces would cause you great distress. I say you being able to access women only spaces causes me great distress.

You apparently don’t care about my distress, and yet you expect me to care about yours. Why?*

That same question goes both ways. You don't care about mine and expect me to sacrifice myself and relinquish my legal protection because some women object.

Wtfdoipick · 14/06/2021 10:45

Datun They are very nice flats and it was quite a few years ago it closed but its interesting how just 1 person changed everything. I bet they'd say no one had an issue though.

Datun · 14/06/2021 10:44

So now I’ve got that playing in my head for the rest of the day, thanks Datun! 🤣

That's a definite set of lyrics in there, right down to the sad, empty pub being paved over for a block of flats.

HelenHywater · 14/06/2021 10:42

I think this is a really interesting thread - good to see the law laid out clearly.

My question is to @TalkingtoLangClegintheDark why should women worry about post-op transexual people in their toilets? People ask me this all the time - is it just a theoretical argument that female spaces are female and you can't actually change sex, or is there a safety or other reason?

My question to @BlueLipstickRocks is what is your objection to a third space? I totally get that you might not want or might feel unsafe in a male toilet, but I also agree that women (people born female) shouldn't be obliged to provide safety or comfort to you at their own expense. What would be wrong with a third space?

(and thank you for the stats - I really didn't know that there are only 5000 post-op transsexual people in this country. Gosh. )

TalkingtoLangClegintheDark · 14/06/2021 10:41

@Datun

Wtfdoipick

The beginning of that anecdote made me instantly think there's a guy works down the chip shop swears he's Elvis 🤣

So now I’ve got that playing in my head for the rest of the day, thanks Datun! 🤣

There are infinitely worse earworms, mind.

TalkingtoLangClegintheDark · 14/06/2021 10:39

This needs to be a campaign in and of itself, IMO. A campaign to enshrine in law women’s and girls’ active right to single sex spaces and services. Not exceptions tacked on, but as a constant. As a human rights issue.

Wish I had the wherewithal to start it myself but I really don’t!

Datun · 14/06/2021 10:37

Wtfdoipick

The beginning of that anecdote made me instantly think there's a guy works down the chip shop swears he's Elvis 🤣

334bu · 14/06/2021 10:36

Being transsexual is not about a belief in a gender identity. That is profoundly misunderstanding what it means to be TS and diminishes dysphoria and dysmorphia.

My apologies for not properly understanding your situation and the trauma this has caused you. I just presumed that you also have a gender identity and expression that do not conform to your sex class.
However, my question remains " Where do we go from here?"

Wtfdoipick · 14/06/2021 10:33

There was a transsexual used to go to the pub I went to. This person made the women uncomfortable so we started drinking elsewhere, there were no women left so the men followed us to continue chatting us up. Original pub is now converted into a block of flats. This is what happens in the real world, women might not say anything but they change their behaviour which negatively affects them. Problem is certain people don't care that women need to adjust and are negatively impacted because women are a sub species. That message is coming across loud and clear and that confirms some people's biology more than anything else

TalkingtoLangClegintheDark · 14/06/2021 10:32

So stop trying to dictate who should enter our spaces, where our boundaries should be or who gets to call themselves a woman.

Well said, tibtom.

TalkingtoLangClegintheDark · 14/06/2021 10:26

@BlueLipstickRocks

Good, I am glad you accept that. So stop trying to dictate who should enter our spaces, where our boundaries should be or who gets to call themselves a woman.

Then stop trying to tell me I'm no different to any man.

I can’t dictate to you how your feel about yourself. But neither can you control how I see you.

When it comes to my wish for, what I in fact believe to be my human right (whether enshrined in law or not) to, some spaces which are exclusively female, then I don’t see you as qualitatively different from other biologically male people, aka men. That is my truth, my reality.

You say not being able to access women only spaces would cause you great distress. I say you being able to access women only spaces causes me great distress.

You apparently don’t care about my distress, and yet you expect me to care about yours. Why?

BlueLipstickRocks · 14/06/2021 10:24

This is the problem where your belief in your gender identity is at odds with women's needs for female only spaces

Being transsexual is not about a belief in a gender identity. That is profoundly misunderstanding what it means to be TS and diminishes dysphoria and dysmorphia.

334bu · 14/06/2021 10:21

This is the problem where your belief in your gender identity is at odds with women's needs for female only spaces. How do we include you and yet exclude others. What is the solution? In your opinion, your exclusion denies your gender identity and yet to include you, denies women the right to a single sex service. Where do we go from here?

BuddleiaBlooming · 14/06/2021 10:20

@BlueLipstickRocks

*By that argument you are presumably claiming that in every situation that is the case therefore you feel the law allows you to exclude transsexuals from every woman's space?

Yes.*

Thats not what the law says. Exceptions are just that - exceptions. They are not the norm.

The question you asked was does it 'allow' for that. The answer is yes, it does allow for it when it is felt to be in the best interests of women.

It's a tough one. I, like many women, have never had an issue with transsexuals. Obviously we could never know whether someone was post op or not but we were prepared to go along with it and 'pretend'.

This is partly why many TS feel they pass - because women generally just don't make a fuss unless we feel it's necessary.

It has now become necessary.

For many years, i was one of those who would smile and make small talk at the mirror with a stranger be it a woman or a man clearly trying to pass as a woman. Having seen, read about and experienced the vitriol directed at women, i don't see why i should quite honestly.

And this is where SW etc have shown their misogyny. By insisting that we accept a man in a dress who just wants to wank over the sound of a woman pissing and stick used tampons up his arse as a woman, they have damaged the situation for women and TS alike.

Because I've never known any woman stick someone else's tampon up their arse or wank over the sound of another woman pissing and i doubt any genuine post op transsexuals have done that either.

IsIgnoranceBliss · 14/06/2021 10:17

@BlueLipstickRocks

I do appreciate that some GRC holders will be unhappy with that as a solution. But I'm fairly sure there are more than 5000 women in the UK who would support it.

So it's only 5000 people so that justifies taking away transsexuals rights?

That's not equality. Men don't get to dictate for women, I accept that. But women don't get to dictate for transsexuals.

Are transsexuals only male-born? Or are some female born? Genuine question. Is it fewer than 5000 GRC holders wanting to use facilities intended for biological women?
TalkingtoLangClegintheDark · 14/06/2021 10:16

But I'm fairly sure there are more than 5000 women in the UK who would support it.

And, crucially, many, many more than 5000 women (and girls) who would hugely benefit from it,

Who would not then suffer the negative impact that even just 5000 biologically male transsexual people in women’s spaces could have on them across the course of a lifetime. Because if you think about the numbers potentially affected by just one person across the decades, it’s a lot higher than that 5000 figure.

And I would argue that there’s also the negative “existential” impact in women and girls knowing they’re not really entitled to genuinely single sex spaces, even if they don’t come across a biologically male transsexual or transgender person in those spaces.

We already learn from our infancy in myriad ways that we are and always have been the second sex. Which in and of itself has a deleterious affect on us as human beings. I would argue that knowing that we are not entitled in law to the dignity and privacy of single sex spaces actually compounds that original wound - where as a society we should be seeking redress for it, and to heal it as far as possible, so grievous it is.

That’s if as a society we truly care about social justice at all. If biologically male people care about lifting up the biologically female people they as a class have so brutally and determinedly kept down for so long.

(Btw, I think it was a post of mine that you reference in your OP, Avocadowoman, so I’m very pleased to see this thread!)

Grellbunt · 14/06/2021 10:15

The problem is even some GRC holders have not had surgery. I don't want any male without surgery in a single sex space. The law allows for that but the single-sex exceptions have to actually be invoked and often aren't. We need to make the argument that failure to invoke them is problematic, and there are legal arguments to that effect, but it would be a lot easier if organisations were forced to use these exceptions.

BlueLipstickRocks · 14/06/2021 10:11

Good, I am glad you accept that. So stop trying to dictate who should enter our spaces, where our boundaries should be or who gets to call themselves a woman.

Then stop trying to tell me I'm no different to any man.

Tibtom · 14/06/2021 10:10

Men don't get to dictate for women, I accept that. But women don't get to dictate for transsexuals.

Good, I am glad you accept that. So stop trying to dictate who should enter our spaces, where our boundaries should be or who gets to call themselves a woman.

334bu · 14/06/2021 10:08

So it's only 5000 people so that justifies taking away transsexuals rights?

Unfortunately , you never did have the automatic right to use these spaces, there was always a caveat.

Avocadowoman · 14/06/2021 10:07

Blue, what is your view on third spaces? Could you give an example where a third space wouldn’t work?

OP posts:
Tibtom · 14/06/2021 10:07

So it's only 5000 people so that justifies taking away transsexuals rights?

So 5000 men get to take away the rights of over 30 million women and girls?

BlueLipstickRocks · 14/06/2021 10:03

I do appreciate that some GRC holders will be unhappy with that as a solution. But I'm fairly sure there are more than 5000 women in the UK who would support it.

So it's only 5000 people so that justifies taking away transsexuals rights?

That's not equality. Men don't get to dictate for women, I accept that. But women don't get to dictate for transsexuals.

CorvusPurpureus · 14/06/2021 09:55

Even a year or so ago, I was quite keen on a 'grandfather clause' - repeal the GRA, but allow existing holders, who had applied in good faith & it's not their fault they were sold a lie, the right to be in opposite sex spaces in almost all circumstances.

But I'm afraid I'm just fed up with it now. Single sex spaces where needed should be enforced on the basis of actual sex not legal fiction. Third spaces should be provided for use by whoever wants or needs them, & there's an end to it.

& I do appreciate that some GRC holders will be unhappy with that as a solution. But I'm fairly sure there are more than 5000 women in the UK who would support it.

Datun · 14/06/2021 09:47

@BlueLipstickRocks

You're constantly trying to get women to agree that they must make an exception for the certain cohort to which you belong!

No I'm not. I'm expressing a view from the point of view if a transsexual. Show me a single post where I have said "you gave to..." and made demands. I have not done so.

blue, I really don't have any intention of arguing with you. I understand that the backlash precipitated by Stonewall is affecting you.

In fact, I and many others predicted it, some years ago. It was inevitable.

But, as someone else has said, you can't put the toothpaste back in the tube, the genie back in the bottle.

In other words, you can't go back in time. It was still unfair, but fewer people knew about it.

Now they do.

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