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Feminism: Sex and gender discussions

How a loophole in UK law helps out anti-trans activists

141 replies

IwantToRetire · 11/02/2024 01:58

The Equality Act is being used to attack trans people while protecting those that do so

a loophole in the law which allows GC activists to publicly attack trans people while insulating them from criticism or professional consequences in response. The same loophole leaves trans-people without equivalent protection.

This isn’t the fault of the Tribunal. Judges can only apply the law. In all of the above cases, the employers made errors. The result would probably have been the same even without the more extreme impacts of the law. The fault lies with the politicians, who have chosen to demonise trans people rather than grapple with difficult issues. GC activists like to claim they are oppressed by the “woke minority”.

Second, the law permits GC activists to use intemperate (arguably degrading) language to attack trans people but appears to prohibit criticism in response.

Third, while the law protects GCs from suffering professional consequences for their activism, there does not appear to be equivalent protection for trans people, or acknowledgement of the real violence against them to which GCs contribute.

NB - these are only extracts, not the full arguement from the author - who is a Barrister -Sam Fowles. https://www.theneweuropean.co.uk/sam-fowles-loophole-uk-law-helps-out-anti-trans-activists/

Also a Director of ICDR which says:

Provide legislators and officials at all levels of government and devolution with non-partisan, concise, accessible, and strategic advice on constitutional and democratic issues.
https://www.icdr.co.uk/about

I wonder if he understands what non partisan means?!

How a loophole in UK law helps out anti-trans activists

The Equality Act is being used to attack trans people while protecting those that do so

https://www.theneweuropean.co.uk/sam-fowles-loophole-uk-law-helps-out-anti-trans-activists

OP posts:
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Luckydog7 · 11/02/2024 08:33

"the employers made errors. The result would probably have been the same even without the more extreme impacts of the law."

This confuses me. So if the law was different these cases would have gone the same way...? What point is he making?

Ereshkigalangcleg · 11/02/2024 08:28

Many of the links are to debunked TRA propaganda as well. Pink News, "Owl"'s 2017 article in the Independent that Dr Nic Williams complained about and got them to post a retraction in part.

Ereshkigalangcleg · 11/02/2024 08:26

He seems to be some sort of regular TV pundit and commentator. How can he see women's rights, and freedom of speech in such a backwards way?

PronounssheRa · 11/02/2024 07:25

That was written by a barrister 😬

Runor · 11/02/2024 06:19

If this really is a barrister, you’ve got to wonder how they’re still getting work 🙄

The article recognises that employers have allowed people to bully and harass those with GC views, but there are no cases where individuals have been harassed for GI views.

Actually, this is a good summary of how GC people behave compared with TRA extremists - even in the relatively well-disciplined world of work (no barbed-wire baseball bats allowed!)

Crankywiddershins · 11/02/2024 06:15

@drhf "People with gender critical beliefs are not allowed “to publicly attack trans people”. They are allowed to express their belief that sex is immutable and important."
Yeah but beliefs are transphobic and that's literal violence innit?

SinnerBoy · 11/02/2024 04:55

GC activists like to claim they are oppressed by the “woke minority

This translates as: Subjected to illegal campaigns of sustained harassment and bullying.

This guy and the truth are strangers, it would seem. I wonder if he got his law degree from one of those 6 week correspondence courses?

WallaceinAnderland · 11/02/2024 04:11

In all of the above cases, the employers made errors.

This sentence sums it up. Do better.

nothingcomestonothing · 11/02/2024 03:39

The fault lies with the politicians, who have chosen to demonise trans people rather than grapple with difficult issues.

I hope the author can evidence that bold claim. 'Demonise transpeople' - do me a favour, they're teflon.

IwantToRetire · 11/02/2024 02:32

I like the fact that the article is so well illustrated with sex based rights banners and posters!

Or are these meant to be an example of that really transphobic loophole?

OP posts:
donquixotedelamancha · 11/02/2024 02:25

That is an impressively dumb article for a barrister. Protecting people from being harassed at work isn't a 'legal loophole', it's part of the primary function of that legislation.

The only reason it 'appears trans people don't have the same protection' is because no one has been harassed for supporting self ID. Reading even a brief summary of the EA2010 make the author aware that Trans people have more explicit protection than GC feminist in the act.

drhf · 11/02/2024 02:25

i have good news for the author of the article. He states:
These highlight a loophole in the law which allows GC activists to publicly attack trans people while insulating them from criticism or professional consequences in response. The same loophole leaves trans-people without equivalent protection.

He will be relieved to hear that none of these things are true.

People with gender critical beliefs are not allowed “to publicly attack trans people”. They are allowed to express their belief that sex is immutable and important.

It is not the case that trans people are “without equivalent protection”. People with the belief that gender identities trump biological sex are also allowed to express that belief in exactly the same way. This has yet to be the basis of legal proceedings because nobody has alleged discrimination of that kind. If anyone loses their job for expressing the belief that trans women are women, they will have an excellent case.

NotBadConsidering · 11/02/2024 02:14

This person is a barrister? I have seen better posts from TRAs on this forum than in that article. He doesn’t seem very bright at all.

TownGown · 11/02/2024 02:03

Good to know, thanks.