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Feminism: Sex and gender discussions

SNP accused of flouting court ruling to define biological men as women

78 replies

NonnyMouse1337 · 22/07/2022 14:24

The campaign group For Women Scotland claimed Nicola Sturgeon’s administration was attempting to “redefine women yet again” by issuing transgender rules it says are “wholly incompatible” with a landmark court victory, which it won only five months ago.

The feminist organisation was backed by Scotland's top civil court in its claim that SNP legislation designed to increase the number of women on public boards was unlawful as it stated that anyone "living as a woman", regardless of their biological sex, would count as female.

However, the Scottish Government has issued new statutory guidelines which state transgender women should still be counted as female in the workplace quotas, so long as they hold a Gender Recognition Certificate (GRC).

For Women Scotland says the SNP’s latest position does not comply with the Court of Session ruling, which found that Holyrood had overstepped its powers by effectively redefining the meaning of sex, to include biological men.

“It is extraordinary that once again women are facing the daunting task of funding another judicial review to defend our name in law,” Trina Budge, a director at For Women Scotland, said.

“The Government seems incapable of either abiding by a court order, or understanding that the definition of woman does not include any males."

Full article - archive.ph/OWZdE

Statement from FWS explaining why they are going back to court - forwomen.scot/18/07/2022/judicial-review-2/

OP posts:
Conflictedunicorn · 23/07/2022 21:47

Hearach15 · 23/07/2022 21:44

"Discrimination can be justified if the person who's discriminating against you can show it's a proportionate means of achieving a legitimate aim."

As trans women have had access to women's spaces for years, suddenly excluding them would not be a legitimate aim.

Yes it would. It would be the aim of providing dignity safety and comfort to women while minimising distress and alarm. It would also enable women who by faith, religion or trauma cannot access mixed sex spaces to participate fully in society.

Hearach15 · 23/07/2022 21:44

Bindayagain · 23/07/2022 21:31

So, for example, someone with a GRC can still be excluded when it comes to single sex spaces, for a proportionate reason.
So it seems perfectly reasonable to exclude a male with a GRC when the legitimate aim is to increase female representation in a line of work.

"Discrimination can be justified if the person who's discriminating against you can show it's a proportionate means of achieving a legitimate aim."

As trans women have had access to women's spaces for years, suddenly excluding them would not be a legitimate aim.

Conflictedunicorn · 23/07/2022 21:43

Hearach15 · 23/07/2022 21:40

And it's interesting that a majority of the organisations (aka expert women's and LGBT groups) supported the change. Almost as if the people who know about this stuff support it...

Do they?? Which ones? Im sure you’ve got a list with proof of this. You wouldn’t just be making it up would you?

Hearach15 · 23/07/2022 21:40

Waitwhat23 · 23/07/2022 21:01

How interesting that you've used an article from 02 September 2021.

Any comment on the analysis of the short survey for the calls for views from this year? The one that shows 59% of respondents being against GRA reform? * *

yourviews.parliament.scot/ehrcj/4e11ba8a/

There's some actually useful analysis here about the calls for evidence sessions here too -
murrayblackburnmackenzie.org/2022/06/02/who-is-giving-evidence-to-the-committee-on-gender-recognition-reform/

And it's interesting that a majority of the organisations (aka expert women's and LGBT groups) supported the change. Almost as if the people who know about this stuff support it...

Bindayagain · 23/07/2022 21:31

So, for example, someone with a GRC can still be excluded when it comes to single sex spaces, for a proportionate reason.
So it seems perfectly reasonable to exclude a male with a GRC when the legitimate aim is to increase female representation in a line of work.

Bindayagain · 23/07/2022 21:28

Hearach15 · 23/07/2022 20:11

You're correct. 😀

That can't be correct

TheLassWiADelicateAir · 23/07/2022 21:17

Rainbowshit · 23/07/2022 09:45

I don't know why the unionist parties still persist with their pig-headedness. There are three of them all chasing about 50% vote share. It's as if they are actually striving for insignificance.

This is hilarious. Except between them the unionist parties got over 50% of the vote. I know you nats would like a one party state dictatorship but the rest of us value democracy.

Indeed if SNP supporters are going to throw around sniping about democracy nothing is more undemocratic than the Greens holding cabinet posts and dictating policy having won 1.2% of the constituency vote.

Waitwhat23 · 23/07/2022 21:10

Or any comment on how support for GRA reform has decreased with each subsequent consultation? The first consultation stood at 60% support.

It doesn't now.

Waitwhat23 · 23/07/2022 21:01

Hearach15 · 23/07/2022 20:14

"That report, which was published today, said that of the 215 organisations that submitted responses “a small majority” broadly supported changing to a system of self-declaration."

And quite right too.

www.holyrood.com/news/view,gender-reform-bill-to-progress-after-review-of-consultation-is-unveiled

How interesting that you've used an article from 02 September 2021.

Any comment on the analysis of the short survey for the calls for views from this year? The one that shows 59% of respondents being against GRA reform? * *

yourviews.parliament.scot/ehrcj/4e11ba8a/

There's some actually useful analysis here about the calls for evidence sessions here too -
murrayblackburnmackenzie.org/2022/06/02/who-is-giving-evidence-to-the-committee-on-gender-recognition-reform/

Hearach15 · 23/07/2022 20:15

XDownwiththissortofthingX · 22/07/2022 23:28

Wait till you find out just how many Tory and Labour MSP's have never won any sort of election either. You'll shit a brick.

Notables include Murdo Fraser. At the last count it was 7, or is it now 8, straight election defeats on the trot, yet somehow he's been a sitting MSP for 20 years.

It's called PR and it's been around for decades in Scotland now.

Hearach15 · 23/07/2022 20:14

Waitwhat23 · 22/07/2022 15:22

They've ignored the results of the two consultations and in particular, the recent call for views which shows that the majority of respondents are against the proposed gender act reforms. The call for evidence sessions have been ridiculously unbalanced and actively hostile to those who express concerns.

This latest crap doesn't surprise me in the slightest. They're pushing it through hell or high water and seem perfectly happy to break the law in order to do so.

"That report, which was published today, said that of the 215 organisations that submitted responses “a small majority” broadly supported changing to a system of self-declaration."

And quite right too.

www.holyrood.com/news/view,gender-reform-bill-to-progress-after-review-of-consultation-is-unveiled

Hearach15 · 23/07/2022 20:11

yetanotherusernameAgain · 22/07/2022 16:13

I thought anyone who held a Gender Recognition Certificate (GRC) was treated "in law" as if they were their acquired gender/sex? So a trans-woman with a GRC would be counted as a woman in statistics. Is that not the case?

You're correct. 😀

Hearach15 · 23/07/2022 20:03

Waitwhat23 · 22/07/2022 23:19

Bat shit and liars to boot - www.scottishdailyexpress.co.uk/news/scottish-news/scottish-government-cannot-back-up-26961353

Lorna Slater who didn't even win her own constituency. Not even close at 13.1% of the votes.

So? She is a list MSP, they are equal in stature and pay to constituency MSPs.

MichelleScarn · 23/07/2022 10:34

@Rainbowshit ah but remember, this is not a democracy, its a SNP-ocracy....

Rainbowshit · 23/07/2022 09:45

I don't know why the unionist parties still persist with their pig-headedness. There are three of them all chasing about 50% vote share. It's as if they are actually striving for insignificance.

This is hilarious. Except between them the unionist parties got over 50% of the vote. I know you nats would like a one party state dictatorship but the rest of us value democracy.

TheLassWiADelicateAir · 23/07/2022 01:05

Do you have a problem with the idea that anyone should support the Union?

At the last Holyrood elections the SNP got 47% of the votes cast in the constituency and 40% in the list. The Greens got 1.2 % and 8 % respectively. The majority of voters who voted do not support separatism.

XDownwiththissortofthingX · 22/07/2022 23:51

Oh, quite possibly.

Just raking in the depths of my memory here, but prior to 2019 I think ScotCon had something like 37 MSPs. Ok, nothing remarkable about that. Until you realise that 24 of them were list representatives.

This is the most amazing thing about Labour's underhanded attempt to gerrymander Holyrood into an unending Hegemony. Not only has it completely bitten them on the arse and led to a majority SNP government that was supposed to be practically an impossibility, but de Hondt actually masks just how pathetic Labour and Conservative performance is in Scotland. If we had Westminster FPTP, then something like 100 of the 130 MSP's would be directly elected SNP MSP's.

I don't know why the unionist parties still persist with their pig-headedness. There are three of them all chasing about 50% vote share. It's as if they are actually striving for insignificance.

Waitwhat23 · 22/07/2022 23:44

Am I right in thinking that Murdo only got his list seat because someone else resigned and he walked into it unopposed?

XDownwiththissortofthingX · 22/07/2022 23:28

Waitwhat23 · 22/07/2022 23:19

Bat shit and liars to boot - www.scottishdailyexpress.co.uk/news/scottish-news/scottish-government-cannot-back-up-26961353

Lorna Slater who didn't even win her own constituency. Not even close at 13.1% of the votes.

Wait till you find out just how many Tory and Labour MSP's have never won any sort of election either. You'll shit a brick.

Notables include Murdo Fraser. At the last count it was 7, or is it now 8, straight election defeats on the trot, yet somehow he's been a sitting MSP for 20 years.

Waitwhat23 · 22/07/2022 23:19

Bat shit and liars to boot - www.scottishdailyexpress.co.uk/news/scottish-news/scottish-government-cannot-back-up-26961353

Lorna Slater who didn't even win her own constituency. Not even close at 13.1% of the votes.

RhannionKPSS · 22/07/2022 22:56

Sturgeon & the SNP are in hock to the equally bat shit mad Greens to have a majority in Holyrood so we women up here are up really against it.

Waitwhat23 · 22/07/2022 19:24

yetanotherusernameAgain · 22/07/2022 16:13

I thought anyone who held a Gender Recognition Certificate (GRC) was treated "in law" as if they were their acquired gender/sex? So a trans-woman with a GRC would be counted as a woman in statistics. Is that not the case?

The second link in the OP discusses that point. The Scottish Government are trying to state that this is the case but that is not the judgement of the Court -

'The Court’s judgment was clear that the Equality Act set out sex and gender reassignment as two separate protected characteristics, where:

Sex refers to women or men where ‘woman’ means a female of any age and ‘man’ a male of any age.
Gender reassignment refers to transsexual persons who are proposing to undergo, are undergoing, or who have undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex. The reassignment is the common factor of the protected characteristic, not the person’s sex and covers those with a Gender Recognition Certificate (GRC), as well as those without.
The Court ruled that the definition of ‘woman’ in the Equality Act is the only definition which the Scottish Parliament could have legislated for in passing the 2018 Act, and said “Provisions in favour of women, in this context, by definition exclude those who are biologically male” and “By incorporating those transsexuals living as women into the definition of woman, the 2018 Act conflates and confuses two separate and distinct protected characteristics” which is not permitted.'

yetanotherusernameAgain · 22/07/2022 16:13

I thought anyone who held a Gender Recognition Certificate (GRC) was treated "in law" as if they were their acquired gender/sex? So a trans-woman with a GRC would be counted as a woman in statistics. Is that not the case?

BernardBlacksWineIcelolly · 22/07/2022 15:53

It’s got to come down to money

it’s the only explanation for such bloody mindedness verging on political suicide

Waitwhat23 · 22/07/2022 15:22

They've ignored the results of the two consultations and in particular, the recent call for views which shows that the majority of respondents are against the proposed gender act reforms. The call for evidence sessions have been ridiculously unbalanced and actively hostile to those who express concerns.

This latest crap doesn't surprise me in the slightest. They're pushing it through hell or high water and seem perfectly happy to break the law in order to do so.

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