Please or to access all these features

Feminism: Sex and gender discussions

First trans peer a step closer as hereditary candidate claims seat

109 replies

ChristinaXYZ · 20/05/2022 22:31

Interesting article in the Telegraph

www.telegraph.co.uk/politics/2022/05/20/first-trans-peer-step-closer-hereditary-candidate-claims-seat/

"Matilda Simon will contest the next by-election for one of the upper chamber’s 92 hereditary seats...

"...The House of Lords could shortly welcome its first trans peer and only female hereditary member.

Matilda Simon was this week given permission to contest the next by-election for one of the upper chamber’s remaining 92 hereditary seats.

If she wins, she will doubtless become the envy of peers’ daughters across the country, because the vast majority of titles may only be passed to a male heir.

However, because of a legal loophole, the candidate, born Matthew Simon in 1955, has inherited and retains the Barony of Wythenshawe, despite being in all other legal respects a woman...

"...Lady Simon winning a future by-election - which will take place upon the death or retirement of a hereditary member - would be likely to reignite the debate over the persistence of primogeniture among the aristocracy.

In 2013, in the aftermath of the marriage of the Duke and Duchess of Cambridge, Parliament passed a law to allow a first born child to inherit the throne, but this principle only applies to the Royal Family, not the peerage.

In recent years, Lord Balfour spoke of his anger that his Earldom would pass to his younger brother upon his death, rather than any of his daughters.
Indeed, he joked that a cunning ruse to ensure one of them succeeds would be if they transitioned to become a man.
However, according to a source close to the current process, that would not work, as the case of Lady Simon proves....

"...And in what the source close to the process described as an “irony”, she [Matilda Simon] has a sister born two years earlier.

“If the title had been inheritable by a woman, it would have gone to Margaret, the older sister, rather than the younger sister,” he said..."

Read the full article on the Telegraph website.

OP posts:
MagnoliaTaint · 21/05/2022 19:35

I remember there being discussion about primogeniture in the HoL when the GRA was being thrashed out, and me thinking it was far too far-fetched to ever actually be an issue.

Who knew?

NecessaryScene · 21/05/2022 19:23

I'm almost sad we didn't get more of this during the female civil rights movement.

Or was there perhaps a "first female voter in a General Election!" article, featuring a similar person, back at the start of the 20th century, that's since been forgotten?

Gasp0deTheW0nderD0g · 21/05/2022 18:56

OldCrone · 21/05/2022 18:13

Sorry, that link doesn't work. Try this one.

Christine Goodwin v. UK

Thanks for that, @OldCrone. I was obviously confused!

MagnoliaTaint · 21/05/2022 18:33

MaudeYoung · 21/05/2022 16:18

What this does show is that the GRA 2004 was intended as a massive deceit on society. The Peerages clause makes it plain that this law means no-one can change biological sex and no-one changes legal sex either:

www.legislation.gov.uk/ukpga/2004/7/section/16

That the Labour Party wrote a law with the expressed intent to deceive our entire society is utterly shameful.

We need to Repeal the GRA 2004.

Yes.

OldCrone · 21/05/2022 18:13

Sorry, that link doesn't work. Try this one.

Christine Goodwin v. UK

OldCrone · 21/05/2022 18:11

The GRA was passed because the Labour government at the time had to do something quickly in response to an ECHR judgement in favour of a UK citizen who wanted to get married. The citizen was female but had for years lived under a male name. The citizen's partner was female and living as such. Both birth certificates said female, so they couldn't get married.

This is correct apart from the sex of the people involved. Christine Goodwin was a MtF transsexual (who had followed the now familiar route of being married to a woman, fathering children, then coming out as trans when middle aged).

This is the judgment from that case:
hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-60596%22]}

sweetgrapes · 21/05/2022 17:36

Increasingly seeing female used to describe TW where even a year back (I think) woman would have been used but female was left for ... you know... females.

Bad reporting and scope creep.

Gasp0deTheW0nderD0g · 21/05/2022 16:49

The GRA was passed because the Labour government at the time had to do something quickly in response to an ECHR judgement in favour of a UK citizen who wanted to get married. The citizen was female but had for years lived under a male name. The citizen's partner was female and living as such. Both birth certificates said female, so they couldn't get married. The ECHR said everybody has a right to a family life, including marriage, so the UK government should make it possible for the citizen and partner to marry. The obvious solution was to introduce same-sex marriage, but they didn't think they could get that through Parliament at the time, so they decided to railroad through the GRA with very little time allowed in either the Commons or the Lords for discussion.

A few MPs and Lords did their best to point out all sorts of possible problems with this new law, many of which have indeed come to pass, but they were fobbed off with assurances that this would only affect a tiny number of people. Experts said there were unlikely to be more than 5000 people in the whole of the UK who would qualify to get a GRC. This was an accurate estimate, as that's about the number of GRCs issued in the 18 years since.

The government's line was that this was a 'legal fiction' designed to make life easier for a tiny group of people with an intractable psychological problem. It was never intended that the people with GRCs would be considered literally to have changed sex.

However, from what I've read about the lobbying process that led up to the GRA, the activists who'd been pushing for something like this for a while never intended to stop there. The GRA was a foot in the door, a springboard for far more extensive changes they wanted to push through. And look where we are now. No more pretence that this huge societal change is a niche matter to help a few thousand adults suffering from gender dysphoria as certified by a psychiatrist. The lobbyists want the GRA scrapped not because it's unnecessary now, given we do have same-sex marriage, but because it doesn't go anywhere near as far as they believe it should. They want no gatekeeping at all, no requirement to have dysphoria, self-ID for all.

Musomama1 · 21/05/2022 16:23

Above totally agree.

Has anyone put this example to Stonewall? Surely this is a great talking point to blow a hole in the 'theory'. If twaw then how come a tw can inherit a hereditary title that is for men only? And if they believe they are women, shouldn't they reject the title?

Might send an email...

MaudeYoung · 21/05/2022 16:18

What this does show is that the GRA 2004 was intended as a massive deceit on society. The Peerages clause makes it plain that this law means no-one can change biological sex and no-one changes legal sex either:

www.legislation.gov.uk/ukpga/2004/7/section/16

That the Labour Party wrote a law with the expressed intent to deceive our entire society is utterly shameful.

We need to Repeal the GRA 2004.

Musomama1 · 21/05/2022 15:58

Dinosauria · 20/05/2022 23:22

So I have to be supported by a male rape counsellor, be imprisoned with a man, share my refuge, and facilities with men, compete against men in my women's sport, ignore that sex makes any difference, unless their is a title to inherit?

As my husband memorably said once, 'Hey, I didn't make the rules!'

This takes the biscuit, and it's such an admission that this person is definitely not female. I think this is an example of using the rules when it suits them.

OvaHere · 21/05/2022 15:42

It's very telling in that all the furore surrounding the GRA reform I've never seen a TRA individual or org try to change this exception. They went hard for the spousal exit clause but this - not a peep, not even in defence of transmen.

mrshoho · 21/05/2022 15:17

Yes a thorough belt and braces approach surrounding the gender recognition act. Amazing that this exception was acceptable.

QuebecBagnet · 21/05/2022 15:08

Hmmm, ironic that biological women I believe aren’t allowed to proclaim that they’re men and inherit a dukedom, etc. Even if they legally change gender.

but obviously a biological man can do what he likes, have his cake and eat it!

Gasp0deTheW0nderD0g · 21/05/2022 15:03

IcakethereforeIam · 20/05/2022 22:38

I was reading the other day about tw complaining (duh!) about being excluded from the Suffragette and Suffragists. Bloody hell, thought I, they'd have had the vote.

This is possibly completely irrelevant to this thread, but I had to put it somewhere.

My head's just exploded all over again. I had quite a job putting it together after seeing on Twitter a screenshot of a transman in a relationship with a transwoman saying on Reddit (I think) that the transwoman had told the transman that it wasn't the transman's place to comment on the abortion debate because the transman has male privilege. The transwoman of course could comment. The transman was trying very tentatively to make the point that only one of the two of them stood any risk of becoming pregnant and deciding to have a termination of pregnancy, and surely that person should have the right to comment on this issue. So close, so close ...

MrsTerryPratchett · 21/05/2022 14:56

WeeBisom · 21/05/2022 09:28

If you read the Hansard debates about the gender recognition act , the issue about peerages gets a LOT of attention. They were exceptionally concerned that women would identify as men to steal their brothers title. Of course they were extra careful to make an exception where sex matters to them.

It does lead to an odd state of affairs though. We’ve heard in the Alison Bailey case that calling transwomen male is apparently bigoted and nasty. Except in this case it seems ?

ifs also wonderful that this person doesn’t suffer from crippling dysphoria by being called male and from being in a position that no woman could find herself in.

Mostly male MPs can imagine someone pretending to be a different sex to get power and money, but they can't imagine someone pretending in order to get access to victims to abuse. Or scholarships, Olympic medals and women-only shortlists (so power then).

'Pretending' never happens as long as it affects someone else then? Or is it that they can imagine women pretending but not men?

You'd think a commentator who was obsessed with class and gender would love this subject and write at length about the unfairness. Wherefore art thou LOJ?

Mandodari · 21/05/2022 13:53

PriamFarrl · 21/05/2022 13:47

What happens if the older sister suddenly comes out as Trans?

And if trans women are women then Matilda shouldn’t inherit, surely.

I would pay good money to see that! How would the TWAW crowd spin this, presumably that must believe the opposite and that all TMAM.

Franca123 · 21/05/2022 13:50

And we're not supposed to call it a men's rights movement

PriamFarrl · 21/05/2022 13:47

What happens if the older sister suddenly comes out as Trans?

And if trans women are women then Matilda shouldn’t inherit, surely.

MagnoliaTaint · 21/05/2022 13:41

Clearly none of you appreciate how hard it is to be born white, male, and an upper class Oxbridge educated socialist, in this day and age. Have a heart!

arktoring · 21/05/2022 13:41

He finally said he was done with the church when our daughter was born, he said if the church wouldn't consider her for Pope it wasn't the church for him.

I couldn't decide if it was hilarious or quite touching.

Neither.
He is completely in the right.

ancientgran · 21/05/2022 12:44

LorenzoVonMatterhorn · 20/05/2022 22:37

I use this in an example in lessons on gender discrimination. Peerage and priesthood.

My husband always had a bit of a difficult relationship with the RC church, unhappy memories from childhood. He had quite an unpleasant parish priest whereas I had a lovely priest so we viewed things differently.

He finally said he was done with the church when our daughter was born, he said if the church wouldn't consider her for Pope it wasn't the church for him.

I couldn't decide if it was hilarious or quite touching.

Helleofabore · 21/05/2022 12:39

Another female first that would have been significant gone to a male.

How marginalised.

TheBiologyStupid · 21/05/2022 11:53

Peregrina · 21/05/2022 07:18

Tony Benn fought for the right to renounce a hereditary title something like 60 years ago, so what is stopping him who wants to be called her? Surely there is a male relative available? The Lords might duck the issue by electing someone else.

Yes, but the title, estate, and everything else still passes to Matilda, s/he just won't get to sit in the (aptly named) House of Lords as well.

Mandodari · 21/05/2022 11:22

@RoobarbandCustud
Given that Mathilda retweeted the comment below, Mathilda must, like the rest of us, agree that hereditary titles are a load of bobbins and will be refusing to accept such an obscenity:

"Today, an unelected member of a royal family stood up in a chamber of unelected Lords (while disproportionately elected MPs watched on) to announce that in the name of an unelected monarch, a corrupt government would be scrapping the human rights act.

Isn't the UK great?"