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Feminism: Sex and gender discussions

Law changes to strengthen women's rights by rewriting the Equality Act on the basis of biological sex instead of gender identity might not take place until next summer

87 replies

IwantToRetire · 10/09/2023 16:40

The project to rewrite part of the Equality Act on the basis of biological sex rather than gender identity was proposed by equalities minister Kemi Badenoch in February.

The Equality and Human Rights Commission backed the idea in April, saying it would bring 'greater legal clarity' in eight different areas including allowing organisers to prevent transgender women from entering female-only spaces such as single-sex wards or sports teams.

But it has now emerged that the Cabinet Office has only recently advertised for a civil servant to work on the project – and specifies that it will not be completed until next July.

Whitehall job ad posted internally in August offered up to £75,000 for an official to take charge of the clarification of equality law.

It stated: 'The post is needed to lead a new team established within the Equality Hub at the Minister for Women and Equalities' request. One of the major deliverables is a complex legislative project that is due to be completed by July 2024.

'This is a role to consider whether and how legislative changes to the Equality Act 2010 could be made. This project is intended to be completed by end July 2024.'

Campaigners believe the change required to the law is only a simple tweak, however, and want it to be carried out urgently. They believe a piece of secondary legislation known as a statutory instrument – which would not have to be voted on by MPs or peers – would suffice. It could introduce a definition of women to the Equality Act, stating that it means those who were born female – and not those who were born male but legally changed sex by obtaining a Gender Recognition Certificate.

https://www.dailymail.co.uk/news/article-12494299/Law-changes-strengthen-womens-rights-rewriting-Equality-Act-basis-biological-sex-instead-gender-identity-not-place-summer.html

This was published a couple of days ago, and I did nto see or hear anything about it.

In the article it makes it sound like the Tories are committed to making this change, but I thought at the end of the Westminster Hall debate they just made some vague comment about having to look at it further.

Worrying that it will be an internal appointment given that civil servants have been Stonewalled.

I suspect like many of the articles in the DM and the DT and even TT this is another leak by a faction and / or to get public response so the Government can gauge level of interest, vote winner etc..

Law changes for women's rights might not take place until next summer

The project to rewrite part of the Equality Act on the basis of biological sex rather than gender identity was proposed by equalities minister Kemi Badenoch (pictured) in February.

https://www.dailymail.co.uk/news/article-12494299/Law-changes-strengthen-womens-rights-rewriting-Equality-Act-basis-biological-sex-instead-gender-identity-not-place-summer.html

OP posts:
Anxioys · 11/09/2023 22:09

Oh dear. So the person who will manage this project doesn't exist.

Very good. A wilful running down of the clock. Of course this is a massive priority...

Rubbish. Can kicking. And deliberate. It could be December by the time this person even starts, and then there is only six months useful legislative time left assuming that the actual solution is agreed which it won't be since every department has to sign off on this.

Maybe Labour will bother with it.

JanesLittleGirl · 11/09/2023 22:06

PlanetJanette · 11/09/2023 21:40

And after you’ve encouraged people to start taking photos of others in changing rooms and toilets, how do you plan on proving that they are not the ‘right sec’ for the facility they are in?

Oh that's easy. The police look at the photo and may decide that the person should be the subject of further investigation. That investigation may involve establishing the natal sex of the person being investigated.

PlanetJanette · 11/09/2023 22:05

I mean if I make a specific claim yes I’m happy to be specific about what I’m claiming…

JanesLittleGirl · 11/09/2023 22:00

PlanetJanette · 11/09/2023 21:41

Perhaps you could give us an example?

Like you always do?

EasternStandard · 11/09/2023 21:58

As pp said there isn’t actually legal recourse if someone uses the incorrect loo anyway

But vast majority of us know societal rules and follow them

We need to update the law so everyone is aware females do get single sex spaces and have the right to due to privacy and dignity plus safeguarding

PlanetJanette · 11/09/2023 21:41

JanesLittleGirl · 11/09/2023 21:33

You may need to look harder.

Perhaps you could give us an example?

PlanetJanette · 11/09/2023 21:40

JanesLittleGirl · 11/09/2023 20:48

Agree 💯

I think that we should go all in.

  1. Any facility that might be a single sex facility must be labelled as either Male, Female or unisex with penalties for failure to accurately label the facility.

  2. Amend the Sexual Offences Act 2003 to make entering a single sex facility reserved for the opposite sex, irrespective of any gender reassignment protected characteristic, an offence similar to indecent exposure. Then we could act the same way as we do when we encounter a flasher - photograph them and call the police.

I have now completely run out of fucks.

And after you’ve encouraged people to start taking photos of others in changing rooms and toilets, how do you plan on proving that they are not the ‘right sec’ for the facility they are in?

JanesLittleGirl · 11/09/2023 21:33

PlanetJanette · 11/09/2023 21:29

Using powers conferred in the Equality Act itself?

The only secondary legislation I’ve found that amends the Equality Act have been enacted under the European Communities Act 1972, which would not be available for these purposes (not least that it is repealed).

You may need to look harder.

PlanetJanette · 11/09/2023 21:29

JanesLittleGirl · 11/09/2023 21:09

There have been 20 SIs used to amend the EA so far.

Using powers conferred in the Equality Act itself?

The only secondary legislation I’ve found that amends the Equality Act have been enacted under the European Communities Act 1972, which would not be available for these purposes (not least that it is repealed).

EasternStandard · 11/09/2023 21:28

JanesLittleGirl · 11/09/2023 20:48

Agree 💯

I think that we should go all in.

  1. Any facility that might be a single sex facility must be labelled as either Male, Female or unisex with penalties for failure to accurately label the facility.

  2. Amend the Sexual Offences Act 2003 to make entering a single sex facility reserved for the opposite sex, irrespective of any gender reassignment protected characteristic, an offence similar to indecent exposure. Then we could act the same way as we do when we encounter a flasher - photograph them and call the police.

I have now completely run out of fucks.

That’d do it!

No one asked women about all this. I’m with you just give us single sex spaces back

PlanetJanette · 11/09/2023 21:24

Both sections 207 and 208 govern …a power…under this Act’

That means that the powers are contained elsewhere in the Act.

Second, neither section actually specifies the purpose of a power. When a power to make secondary legislation is provided, it is done so for a specific purpose.

So neither section actually confers a power on ministers. The powers are conferred by different sections - I’m just asking which specific power you think could be used for these purposes?

JanesLittleGirl · 11/09/2023 21:09

JanesLittleGirl · 11/09/2023 21:03

They are the powers. Please explain why you think that they aren't?

There have been 20 SIs used to amend the EA so far.

JanesLittleGirl · 11/09/2023 21:03

PlanetJanette · 11/09/2023 20:38

Neither of those sections are powers in themselves. They set out how powers in the Act are to be used.

Can you say which specific power you think could be used to amend the provisions in respect of sex discrimination?

They are the powers. Please explain why you think that they aren't?

JanesLittleGirl · 11/09/2023 20:48

EasternStandard · 11/09/2023 20:19

On one level there shouldn't even be a need to discuss whether single sex provision is still needed. Common sense and accepted practice knows that it is.

I agree but we are no where near that.

So I can’t see it happening in any way other than explicitly through the law

Agree 💯

I think that we should go all in.

  1. Any facility that might be a single sex facility must be labelled as either Male, Female or unisex with penalties for failure to accurately label the facility.

  2. Amend the Sexual Offences Act 2003 to make entering a single sex facility reserved for the opposite sex, irrespective of any gender reassignment protected characteristic, an offence similar to indecent exposure. Then we could act the same way as we do when we encounter a flasher - photograph them and call the police.

I have now completely run out of fucks.

PlanetJanette · 11/09/2023 20:38

JanesLittleGirl · 11/09/2023 20:21

If you can't see any Equality Act power that would allow the amendment of primary legislation then you must have missed Part 16 paragraphs 207 and 208.

Neither of those sections are powers in themselves. They set out how powers in the Act are to be used.

Can you say which specific power you think could be used to amend the provisions in respect of sex discrimination?

JanesLittleGirl · 11/09/2023 20:21

PlanetJanette · 11/09/2023 19:14

Just on the question of SIs, as I understand it Sex Matters propose using s23 GRA powers rather than any power under the Equality Act to amend the Equality Act.

I can’t see any Equality Act power that would allow the amendment of primary legislation.

If you can't see any Equality Act power that would allow the amendment of primary legislation then you must have missed Part 16 paragraphs 207 and 208.

EasternStandard · 11/09/2023 20:19

On one level there shouldn't even be a need to discuss whether single sex provision is still needed. Common sense and accepted practice knows that it is.

I agree but we are no where near that.

So I can’t see it happening in any way other than explicitly through the law

IwantToRetire · 11/09/2023 20:06

They may say all those things but that’s not our reality

Not sure what things you think are being said.

My post was about how custom and practice meant that in any number of things men and women were segregated by sex.

A social contract that could be both supportive but on occassions discriminatory.

That social contract no longer exists thanks to queer politics whose main aim is to dis-establish "norms".

And the willingness of people who could uphold them being more interested in ingratiating themselves with the disrupters.

(This was in answer to an earlier question about how this had been enforced by law in the past.)

On one level there shouldn't even be a need to discuss whether single sex provision is still needed. Common sense and accepted practice knows that it is.

But a loud and powerful minority has managed to get people to think that what is natural is now unacceptable.

OP posts:
EasternStandard · 11/09/2023 19:38

At this point I’d be happy with the updated expectation

We don’t even have that

Venues refuse single sex gatherings - see Brighton thread

Change the law so we have single sex back and it is known by everyone

Even if some gigs have a free for all or whatever if you take gender ID out of the equation the vast majority use the correct male / female area just by societal rules

PlanetJanette · 11/09/2023 19:34

EasternStandard · 11/09/2023 19:26

I was thinking more of a venue fine when writing that but if we have male / female and mixed and the law says biological sex for first two at least we’d set out what is expected

But even in a venue, how would it be enforced?

The vast majority of scenarios that come in for complaint here are not settings where ID is required to be produced or checked (prisons and hospital admissions, admittedly, are the exceptions).

MelodiousThunk · 11/09/2023 19:34

@EasternStandard it’s hard to see how Parliament could legislate to actually enforce use of the sex-correct toilet. The reality is there are a lot of venues where the loos are a bit of a free-for-all, I’m sure we’ve all been to gigs and clubs where women go into the mens as the queues are shorter (or for other reasons!) I’m not sure how enforcement would work.

EasternStandard · 11/09/2023 19:26

PlanetJanette · 11/09/2023 19:10

‘Enforce somehow’ covers a pretty big hole though.

When you encounter someone in the women’s bathroom that you believe to be a trans woman, how on earth do you propose verifying whether she is trans or not?

I was thinking more of a venue fine when writing that but if we have male / female and mixed and the law says biological sex for first two at least we’d set out what is expected

PlanetJanette · 11/09/2023 19:14

Just on the question of SIs, as I understand it Sex Matters propose using s23 GRA powers rather than any power under the Equality Act to amend the Equality Act.

I can’t see any Equality Act power that would allow the amendment of primary legislation.

PlanetJanette · 11/09/2023 19:10

‘Enforce somehow’ covers a pretty big hole though.

When you encounter someone in the women’s bathroom that you believe to be a trans woman, how on earth do you propose verifying whether she is trans or not?

EasternStandard · 11/09/2023 19:02

@IwantToRetire They may say all those things but that’s not our reality

We are arguing for privacy and dignity and safeguarding

Ok thanks for HSE guidelines @MelodiousThunk

Men and women spaces where possible, but currently no law to say who uses what

So now men feel they should have access to female spaces what next in the law?

To get privacy and dignity etc surely we need to legislate for actual separation by sex