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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 08:28

If a male enters a women's space, regardless of how they identify, surgery, or whether they have a GRC, upon entering that space it becomes mixed sex. The fact the GRA allows the distruction of women's spaces like this is why the GRA needs overturning.

That is your opinion which you are obviously free to hold.

In a previous post you stated that the law permitted you to exclude transsexuals however in your latest past you refer to your wish to see the GRA overturned.

This seems to be contradictory. Either the law allows you exclude transsexuals or it doesn't and you want it overturned to allow you to do so.

ItsAllGoingToBeFine · 14/06/2021 08:26

Single sex services are permitted where:

only people of that sex require it;

there is joint provision for both sexes but that is not sufficient on its own;

if the service were provided for men and women jointly, it would not be as effective and it is not reasonably practicable to provide separate services for each sex;

they are provided in a hospital or other place where users need special attention (or in parts of such an establishment);

they may be used by more than one person and a woman might object to the presence of a man (or vice versa); or

they may involve physical contact between a user and someone else and that other person may reasonably object if the user is of the opposite sex.

These exceptions would allow:

a cervical cancer screening service to be provided to women only, as only women need the service;

a fathers’ support group to be set up by a private nursery as there is insufficient attendance by men at the parents’ group;

a domestic violence support unit to be set up by a local authority for women only but there is no men-only unit because of insufficient demand;

separate male and female wards to be provided in a hospital;

separate male and female changing rooms to be provided in a department store;

a massage service to be provided to women only by a female massage therapist with her own business operating in her clients’ homes because she would feel uncomfortable massaging men in that environment.

A group counselling session is provided for female victims of sexual assault. The organisers do not allow transsexual people to attend as they judge that the clients who attend the group session are unlikely to do so if a male-to-female transsexual person was also there. This would be lawful.
www.legislation.gov.uk/ukpga/2010/15/notes/division/3/16/20/7

effect on these protected spaces and services, which are covered separately under the Equality Act 2010. That is because the special circumstances set out in the 2010 Act, which allow organisations to treat trans people differently, do not hinge on whether the trans person has a GRC or not. To provide reassurance on this important point, we have written to the Equalities Minister, Kemi Badenoch MP, to reiterate that GRA reform is needed but that the Equality Act provisions protecting the rights of women to access single-sex services and spaces must be preserved

www.equalityhumanrights.com/en/our-work/blogs/reform-gender-recognition-act

Tibtom · 14/06/2021 08:23

If a male enters a women's space, regardless of how they identify, surgery, or whether they have a GRC, upon entering that space it becomes mixed sex. The fact the GRA allows the distruction of women's spaces like this is why the GRA needs overturning.

BlueLipstickRocks · 14/06/2021 08:17

*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.

Tibtom · 14/06/2021 08:16

A male is still a male regardless of surgery or traumatic injury. Once unpon a time I would have been sympathetic but not anymore. We have seen where sympathy has led to and the destruction of women's rights. Men are never women and can never be women.

ItsAllGoingToBeFine · 14/06/2021 08:13

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.

There's no of course about it. That is not what the law says. Why do you refuse to make a distinction between the average man on the street and someone who is a post op transsexual? Why is it necessary to consider it as all just males.

They are all just males. Sex is binary and immutable and not affected by how one identifies. Single sex spaces are single sex, not single gender.

BlueLipstickRocks · 14/06/2021 08:06

It is not illegal to exclude males with a GRC from exclusively female spaces where those spaces are required for the privacy, safety and dignity of women.

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?

Of course women's spaces are exclusive otherwise they are mixed sex spaces not women's spaces. It is impossible to have a female sex space with males in it.

There's no of course about it. That is not what the law says. Why do you refuse to make a distinction between the average man on the street and someone who is a post op transsexual? Why is it necessary to consider it as all just males.

Tibtom · 14/06/2021 08:00

Of course women's spaces are exclusive otherwise they are mixed sex spaces not women's spaces. It is impossible to have a female sex space with males in it.

It is not illegal to exclude males with a GRC from exclusively female spaces where those spaces are required for the privacy, safety and dignity of women. That was agreed at Ann Sinnot's recent application for judicial review.

BlueLipstickRocks · 14/06/2021 07:53

It is also not for women to validate someone else's identity. We are not support humans.

Acknowledging that a transsexual is different and has different needs is not validating an identity.

I do not think it productive to use the term "as a man with a GRC". To do so oversimplifies things considerably and shoves me back into the man pot with all the associated attitudes and behaviours.

There are indeed very specific situations in law where exclusion is permitted but the example you state of a changing room is not one of them. You cannot claim every "woman's space" as an exclusion. To exclude a transsexual from a swimming pool changing room on the basis that it's just "a man with a GRC" would be illegal.

Tibtom · 14/06/2021 07:29

For me as a post op transsexual my use of women's toilets is both about safety and the fact that the facilities offered meet me needs whereas make facilities do not. It is also about dysmorphia and dysphoria.

It is not for women to provide a shield to men. If men's toilets are unsafe then that should be addressed for all men or a third space should be sought. It is also not for women to validate someone else's identity. We are not support humans.

The right to single sex provision exists where it would be discriminatory not to provide it. So for example: women would not be able to access a swimming pool because their privacy, dignity and safety is not protected in a mixed sex changing room. In this circumstance it is not only legitimate to provide a single sex space, it may be illegal not to because it would prevent women accessing the service. In this case single sex can refer to biological sex as a man with a GRC would still entering the space would still mean women's privacy, safety and dignity is not respected.

BlueLipstickRocks · 14/06/2021 07:05

'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'.

Within the nonsense that is the trans umbrella there are a vast array of reasons why a person who identifies as a "transwoman" uses a woman's space. For some it is about a self declared gender identity, for some I accept it can be more nefarious reasons. For me as a post op transsexual my use of women's toilets is both about safety and the fact that the facilities offered meet me needs whereas make facilities do not. It is also about dysmorphia and dysphoria.

The legal definition of female and the biological definition of female are not the same thing. "Same sex" applies to same legal sex, not same biological sex.

The law has been grossly distorted by Stonewall and far too many have taken on board this manipulation.

A couple of quick points:

  1. The protected characteristic is gender reassignment. It is not gender identity. One if Stonewalls lies.
  2. A protected characteristic doesn't change a person's legal sex. There are now 650,000 people who identify as trans in the UK. For over 645,000 of these for all the protestations their legal sex is their biological sex. That's over 99.2%!
  3. Legal sex can be changed through a GRC. Its not a perfect system and it needs changed but it's not completely broken.
  4. Sex based laws apply to legal sex. For example Sex Discrimination is not biological sex but legal sex.

The spirit of the law was never about the nonsense we see now. It was about a very small number (5,000) being able to address dysmorphia and dysphoria and integrate following a complex medical transition.

As this debate goes on I believevwe will reach a position where a woman's space becomes a penis free zone. I don't believe it will be restricted to biological sex.

Thelnebriati · 13/06/2021 12:47

If a service provider says a space is single sex but it isnt, raise a complaint with them and if you want to go further it depends who they are. Maybe its possible to use Trading Standards in some cases?

LangClegsInSpace · 13/06/2021 12:43

You don't have a right to a single sex space as such, but you do have a right not to be harassed.

The definition of harassment in the EA is unwanted conduct related to a protected characteristic that has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for you.

www.legislation.gov.uk/ukpga/2010/15/section/26

Avocadowoman · 13/06/2021 12:37

Thank you TheInebriati. I am clear it is legal to provide a single sex space, but I am less clear if a space says it is single sex but it isn't, what I can do about it.

Take a women only swim session (the 'reverse Man Friday').

It says women only, I think great, and then I turn up and there is a man there. I query this, and the swimming pool service provider says 'yes but we allow transwomen to come in'.

I say 'that means it is not women only'. They say 'that is our policy'.

What are my options?

I could alert other people to this policy - then they might change it to actually women only.
Or they could withdraw the women only service
Or they could stand firm - and then I think we are at a stale mate. I can't do anything to force a 'women only' policy to actually be that - can I?

OP posts:
Thelnebriati · 13/06/2021 12:16

The Equality Act was introduced in 2010; so if a service is provided on the basis of sex it can be single sex, in some cases it should be.
And if single sex service exists today you can reasonably assume its legal to provide it.

You do have a legal right to some single sex spaces. A breastfeeding room is only for women who are breastfeeding. It excludes women who are not breastfeeding, and all men.

You are not a service provider, you are a user; so if a service provider says a space is single sex, or 'for women' then that's what it should be. If its mixed sex they need to change the name.
If a service is provided for one sex there's no good reason to make it mixed sex, or for you to expect it to be mixed sex. There can be separate services for each sex or group of users.