Please help! Gender not sex on a school 'protected characteristics' poster, just spoken to the Head!

What would "gender" as a PC even mean?

People with one sort of undefinable feeling or essence must not be treated less favourably than other people with a different sort of undefinable feeling or essence?

"I didn't get the promotion because of my internal and indescribable perception about myself?"

How would that work?

We’re talking about the law.

Under the law, sex is not just biological.

No matter how much you wish things were different, simply claiming the law is something other than it is is just delusional.

That’s not what LH said though. She was talking about the impact the wording of the EA.

That ignores that this is a children’s comms campaign - not a mere textual reproduction of legislation.

It’s really common in comms campaigns to describe the actual effect of a law rather than just the text of legislation.

For almost all practical purposes, discrimination based on gender is prohibited under the Equality Act, through a combination of the sex ground (which is not limited to biological sex) and the gender reassignment ground (which is broad enough to encompass anyone who is openly trans or NB).

No Outsiders should communicate what the practical effect of legislation is - not just the specific words used in the legislation. As we see on here, simply saying the protected ground is ‘sex’ gives rise to a lot of incorrect understanding of what is actually protected.

sex-matters.org/posts/the-legal-system/scottish-court-rules-that-sex-is-about-paperwork-not-biology/

Lady Haldane knew when she wrote her judgment that it was legally very contentious and that it would require swathes of existing legislation to be rewritten and reconsidered. She will be extremely strongly contested.

Rather like the Employment Tribunal judge who declared that GC beliefs were not worthy of respect in a democratic society, or Mermaids' decision to challenge LGB Alliance in court, I predict this is another apparent 'victory' that will turn out to have been another bullet-in-foot moment.

But keep whistling in the dark while the world continues to wakes up to the abuse, homophobia and misogyny inherent in gender ideology.

Does your conscience ever prickle when you realise that your idea of being on the "right side of history" leads to males being put in women's prisons? Which leads to women being raped as a direct consequence of what you're advocating for?
Does it ever make you rethink your stance or are you too far gone down the rabbit hole?

Yeah, no. Sex is biological. I know that, you know that and Lady Haldane knows that.
Just like the earth isn’t flat, the moon isn’t made of cheese, Jesus didn’t rise from the dead, males can’t get pregnant.

Thanks for being one of the few posters to acknowledge the reality that the EA2010 ground is not limited to biological sex.

Perhaps you can try and convince those who are claiming otherwise.

Everyone demanding that this school do something to imply the Equality Act sex ground only applies in respect of biological sex are demanding it misrepresent the law.

The law says "sex". It may turn out that this includes people with a GRC, although this is a recent development and may well be challenged.

What is definitely NOT a protected characteristic is "gender" (whatever that means).

The case being referred to was looking at the legal effect of an individual holding a GRC.

Lady Haldane stated that sex was not limited to biological or birth sex but also included those with a GRC (note she was very specific in this).

Without possession of a GRC, the protected characteristic in question is Gender Reassignment not Sex. It should also be noted that she stated that sex and gender reassignment were separate and distinct characteristics and were not to be conflated

The school poster is factually incorrect as the protected characteristic is sex not gender.

Which TRA bingo card are you using today ELO?

Why are you asking me? I’m just telling you what the legal definition is as set out by Lady Haldane. And that definition is that sex is not just about biological sex.

It is simple legal fact.

You might wish that it weren’t the case but it is.

Christ who’d be a head teacher with this to deal with alongside OFSTED, absences, staff sickness, threatened strikes, budgets etc etc.

Go one then, what else does ‘sex’ mean if not just about biology?
A transwoman has the same protections under the EA as anyone with the other protected characteristics. They don’t have the protection of being able to use female spaces in certain situations though. That’s because they are male.

I'm looking for a checklist of man/woman gender characteristics legally approved by the UK government so I can ensure the assignment at my birth is correct.

I've tried various wordings in a search engine but can't seem to find one. I'm sure a trans ally will be able to provide something though. Thanks in advance.

Yes - virtually any trans person is protected by virtue of the gender reassignment ground.

But some trans people are also protected by the sex ground in respect of their identified gender. That is just a legal fact.

Everyone demanding that this school do something to imply the Equality Act sex ground only applies in respect of biological sex are demanding it misrepresent the law.

Right side of history is such a patriarchal statement.

History is about and by the powerful more often than not.

The history of the subjugation of women is barely told.

OP you're doing brilliantly. Thanks for being so uncouth as to care about what children are taught and not just sucking it up like a good woman. Very gender non conforming and inspiring.

From a fellow biology teacher, I am with you.

Whether you live in Scotland or not is irrelevant. The Court of Session ruling is in respect of a GB-wide Act and so is the definitive statement of that Act’s meaning unless it were overturned by the UK Supreme Court.

Do the right thing and put yourself on the right side of history.

Oh you mean the side of history that seeks to erode women's rights at law?

The side of history that's homophobic to the point of denying same sex attraction?

The side of history that chemically castrates young boys, and renders them infertile and impotent?

The side of history that doesn't give a fig that it's harming autistic girls?

NO THANK YOU.

Is there a reason you can’t do your own legal research?

In addition, gender identity is de facto protected because of the breadth of the gender reassignment grounds - essentially protecting anyone who has taken any step towards identifying as a gender other than that assigned at birth.

As we are talking about the law, please can you clarify the legal definition of "taking a step towards identifying as a gender other than that assigned at birth"?

I'm female but as usual this morning turned to the sports section of the paper first. Does that mean I'm on the road to becoming a man? Is there a checklist?