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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:
CorvusPurpureus · 14/06/2021 18:37

...& if there's an individual unisex space available, you'd use that instead?

Grellbunt · 14/06/2021 18:37

@BlueLipstickRocks

*What about the fact that the majority of women in a Gov survey stated support for post op transsexuals? Do only those who support your position get a say?

Another survey they conveniently forgot to publicise for every women.*

Would you be saying that if it supported your position? Of course you wouldn't. Why is anything that disagrees with you invalid?

Post-op.

But that's not what we are dealing with any more, following the Garcon v Nicot case. The general public don't know what exactly they're being asked to accept.

Ereshkigalangcleg · 14/06/2021 18:36

What about the fact that the majority of women in a Gov survey stated support for post op transsexuals? Do only those who support your position get a say?

This is like Groundhog Day. No one gets to consent for me. I do not consent to any biological males in female spaces where I expect privacy and dignity. It doesn't affect those women who are so careless with other women's rights if they can't invite in biologically male transsexuals, it's not to their detriment.

The arguments used here, the dismissal of women's voices, the lack of consideration for women and girls to be even asked for their consent are pretty much the same as those of the TRAs, for me.

Grellbunt · 14/06/2021 18:35

@BlueLipstickRocks

In reality you'd likely just continue to use the ladies as you ignore the reasons why it should be single sex anyway.

I will continue to use the ladies as the most appropriate place to satisfy my physical needs in line with what is permitted by the law. You are free to campaign for changes but I cannot see after decades the law will decide to remove all transsexual provision.
If you want to continue to view me as a man that is your perogative. The very stereotypes that are bring dismantled to allow more freedoms to women are being used to describe the male biological sex without exemption and justify the exclusion of transsexuals.

What has this to do with stereotypes? If men were more accepting of gender non-conforming men there would be no issue. It is the macho stereotypes that cause your issue with other men. It is nothing to do with women and our battles against stereotyping.
BlueLipstickRocks · 14/06/2021 18:35

*What about the fact that the majority of women in a Gov survey stated support for post op transsexuals? Do only those who support your position get a say?

Another survey they conveniently forgot to publicise for every women.*

Would you be saying that if it supported your position? Of course you wouldn't. Why is anything that disagrees with you invalid?

TheRebelle · 14/06/2021 18:35

Why on earth should women compromise, what’s in it for us?

Look at it this way, if someone wanted to come into my home and sleep in my spare room I’d say no, if they said I only want to sleep, what’s the problem? I’d still say no, if they moved in anyway and said let’s compromise, we both want to sleep here so let’s discuss it I’d still say no.

BlueLipstickRocks · 14/06/2021 18:34

could be accommodated differently while respecting the needs of the women who absolutely need female only space

That different accommodation in the eyes of the law is discrimination. And what I need is not met in male spaces.

BlueLipstickRocks · 14/06/2021 18:32

In reality you'd likely just continue to use the ladies as you ignore the reasons why it should be single sex anyway.

I will continue to use the ladies as the most appropriate place to satisfy my physical needs in line with what is permitted by the law. You are free to campaign for changes but I cannot see after decades the law will decide to remove all transsexual provision.
If you want to continue to view me as a man that is your perogative. The very stereotypes that are bring dismantled to allow more freedoms to women are being used to describe the male biological sex without exemption and justify the exclusion of transsexuals.

MouseyTheVampireSlayer · 14/06/2021 18:31

What about the fact that the majority of women in a Gov survey stated support for post op transsexuals? Do only those who support your position get a say?

Another survey they conveniently forgot to publicise for every women.

Ereshkigalangcleg · 14/06/2021 18:31

So majority should always have precedent?

You're the one minimising the feelings of hundreds of thousands to millions of women as insignificant and cancelled out by a presumption that the majority don't mind.

I personally feel the needs of just 3k male people (who are the only people you appear to think need special treatment, which TRAs would strongly disagree on), could be accommodated differently while respecting the needs of the women who absolutely need female only space. We'll have to agree to disagree on that issue.

MouseyTheVampireSlayer · 14/06/2021 18:29

What really, really annoys me is this law keeps getting quotes.
But it got passed by the back door without any democracy at all, it affects fifty percent of the population and we weren't consulted.
And yes, there will be women who are surveyed who don't mind (I probably would have been one of them, gaily giving away private spaces because I was a fit liberal young thing) but there are people who do mind.
It in my mind, is the failing of our government. As far as I am concerned it's not a law enacted in good faith.
Furthermore, if the Muslim council, fair play for women etc try and repeal it I think they'll have a lot of support.

334bu · 14/06/2021 18:28

But as we can't ask if you have a GRC and no surgery or medication is necessary to obtain a GRC, how are we to distinguish you from any man who says he is entitled to use these spaces?

Redapplewreath · 14/06/2021 18:27

So if you cannot use the disabled loos, and choose not to use the men's loos, where would you like the women to go who cannot use a space where there is someone they perceive as male?

Where do they go? There's a woman currently in my town who would like an answer to this; there's no public toilet left anywhere in town that she can enter now.

Should she use the disabled toilet? Not leave home? What are her options here?

ANewCreation · 14/06/2021 18:27

Trying again...

Around the age of 8 or 9 years old, mums begin to ask boys to use male facilities rather than continuing to use female facilities. This is for the comfort of other female users not because we think that they as individual boys will harm us.

There is no hard and fast rule around what age it happens but rather an informal social contract that the female loos, changing rooms etc are just for females-and-their-very-young-boys and if a boy is getting quite big that it's no longer an appropriate place for him to be.

Girls continue to need to use female facilities because of the physical provisions associated with menstruation. I am genuinely unaware of why an adult non-menstruating transsexual might need the physical provisions of a female loo.

These young boys are, by virtue of their age, more vulnerable than any adult. Yet, by and large, around the world millions of young boys safely use male single sex facilities every day.

If we believe that male single sex spaces are such dangerous places in which the very most vulnerable people are bound to be attacked - why on earth are we letting 8 year old boys use them independently?

So, Blue or any other transsexual out there, can I ask again, if there was a nice, fourth mixed sex additional space designed for all the people who would be happy to use a unisex space, (so parents out with their young opposite sex children, trans people, people who are not bothered about needing a single sex space) would you use that in preference?

Or would you still choose to use the female toilets [also dormitories, swimming pool changing rooms etc], bearing in mind that women (and girls) who are strangers cannot possibly know whether or not you possess a GRC or what type of surgery you may or may not have had and some women may feel a need to exclude themselves from a female space because of your presence?

Ereshkigalangcleg · 14/06/2021 18:26

A transsexual with a GRC is legally female "for all purposes".

Excerpt for the potential sex based exemptions specifically made in both the EA (many of which can potentially exclude GRC holding transsexual males where proportionate means to a legitimate aim) and GRA. Please don't patronise the women on FWR, many of whom know these laws inside out.

BlueLipstickRocks · 14/06/2021 18:25

Who number in the hundreds of thousands to millions as we've discussed on various threads now, unlike the 3k or so MTF trans people with GRC. Please stop minimising women's feelings.

So majority should always have precedent?

I find it bizarre that the argument is that because there are more women than transsexuals with a GRC that allows you to dictate a position and disregard the law.
What about the fact that the majority of women in a Gov survey stated support for post op transsexuals? Do only those who support your position get a say?

BlueLipstickRocks · 14/06/2021 18:22

A transsexual with a GRC is legally female "for all purposes". Do you believe the intent of the law is to exclude transsexuals from the spaces of their legal gender?

To quote "Those with a GRC "should be treated in their acquired gender for all purposes". That means that anyone who identifies themselves as a woman can already use separate-sex facilities such as changing rooms, toilets or single-sex gyms"

Ereshkigalangcleg · 14/06/2021 18:21

So the compromise is a solution that entirely suits a minority of women

Who number in the hundreds of thousands to millions as we've discussed on various threads now, unlike the 3k or so MTF trans people with GRC. Please stop minimising women's feelings.

Ereshkigalangcleg · 14/06/2021 18:19

My concern is that we women aren't asked if we give our consent to this use of our spaces and unwittingly be part of this process of a reaching/achieving someone's therapeutic goal.

Exactly. I don't, for the record. I'm not here for the benefit of others, as a prop in their scenery.

Grellbunt · 14/06/2021 18:15

@BlueLipstickRocks

You also keep saying" give up my legal rights" What rights do you have to access female only space ,if a single sex exemption has been judged appropriate?

Where a specific exemption has been identified and enacted I do not. Such exemptions however do not apply to toilets and changing rooms for example.

The same law you want to rely on for an exemption is the same law that supports me where there isn't an exemption. Is the law only valid when it is in your favour?

Where is the legislation/ caselaw that says toilets and changing rooms are not (ever) covered by the SS exemption?
MouseyTheVampireSlayer · 14/06/2021 18:14

Well yes, that's why it would need to be a temporary measure.
In reality you'd likely just continue to use the ladies as you ignore the reasons why it should be single sex anyway.
But once third spaces were up and running you'd have a catered space and that should be good enough.

Cailleach1 · 14/06/2021 18:12

@BlueLipstickRocks

I don’t think the majority of transsexuals are looking for women to validate them here, but are using female space as they genuinely believe that is the most appropriate space for them. Their goal being to blend back into society as much as possible as women. That is the therapeutic goal.

Absolutely spot on.

So, women's spaces being used as a place in which to achieve such therapeutic goals is 'spot on'.*

What is spot on is the statement that my goal is to blend back into society as much as possible as women. That does not mean I see a toilet as a therapeutic facility but simply the one that best serves my clinic needs.

No, that's rubbish. You said 'spot on' to the lot. All in black and white. Obviously it will be all 'faux inflammatory' if I am simply repeating what you yourself are stating. Use of women's spaces is part of a therapeutic goal. Being in women's spaces.

My concern is that we women aren't asked if we give our consent to this use of our spaces and unwittingly be part of this process of a reaching/achieving someone's therapeutic goal.

BlueLipstickRocks · 14/06/2021 18:11

You also keep saying" give up my legal rights" What rights do you have to access female only space ,if a single sex exemption has been judged appropriate?

Where a specific exemption has been identified and enacted I do not. Such exemptions however do not apply to toilets and changing rooms for example.

The same law you want to rely on for an exemption is the same law that supports me where there isn't an exemption. Is the law only valid when it is in your favour?

334bu · 14/06/2021 18:08

You also keep saying" give up my legal rights" What rights do you have to access female only space ,if a single sex exemption has been judged appropriate?

BlueLipstickRocks · 14/06/2021 18:07

Genuine question - why does it do nothing for transsexuals? It’s similar in set up to the self contained unisex loos isn’t it?

Using a disabled space when you aren't disabled is clearly inappropriate. There are so few and in being there I block a facility that has specific provision that only a disabled person can use.n