Please or to access all these features

Feminism: Sex and gender discussions

Keir Starmer Government urged to clarify definition of sex by the Tories

84 replies

IwantToRetire · 14/11/2024 01:20

Shadow equalities minister Claire Coutinho has pressed the Government to clarify the definition of sex. Equalities minister Bridget Phillipson said it was “important that providers have clarity in this area”.

She added that providers “have the right to restrict access to service on the basis of biological sex” under the Equality Act 2010.

In the Commons on Wednesday, Coutinho said: “In the election the Conservative Party committed to clarifying the definition of sex in the Equality Act 2010 to protect women’s rights.

“At the end of this month For Women Scotland vs Scottish Ministers will be heard in the UK Supreme Court, this case will have far-reaching consequences for sex-based rights. So can the Government assure the House that it’s clear that the definition of sex in the Equality Act 2010 means biological sex?”

During women and equalities questions, Phillipson replied: “I won’t comment on ongoing cases, but what I can be clear to her about is that the Equality Act 2010 does set out that providers, for example, have the right to restrict access to service on the basis of biological sex.

“This Government is proud of our achievements in legislating for the Equality Act. We will make sure that providers can continue to support single-sex exemptions. And it is important that providers have clarity in this area, and I’ll be happy to work with her to make sure that is the case.”

https://www.dailyrecord.co.uk/news/politics/keir-starmer-government-urged-clarify-34102096

Tories could strip Holyrood of power to pass gender laws after general election

The Tories have said that they will change the Equality Act to define the protected characteristic of sex as “biological sex”.

https://www.dailyrecord.co.uk/news/politics/tories-could-strip-holyrood-power-32946685

OP posts:
EasternStandard · 15/11/2024 08:43

bombastix · 15/11/2024 08:26

That’s a fairer take than usual suspects which I respect. I didn’t believe Badenoch actually because as a person she just wasn’t clubbable enough to persuade all her colleagues. They didn’t think it important enough. Let’s say Johnson had backed this. It would have happened.

Starmer isn’t motivated. I dare say his bill, if it emerges, will be some way of the change that is wanted here. I would guess it will set out a series of statutory exceptions where a single sex service is justified and thus that is much more easily defended in law than the broader change above.

I am always a bit suspicious about politicians who claim to be able to deliver big ticket changes. They must be extremely powerful to do so or very clever. And I don’t think Badenoch is either of those. She’s a headliner who talks big.

That’s a fairer take than usual suspects which I respect.

What are you referring to here? The usual suspects for Labour?

bombastix · 15/11/2024 08:26

That’s a fairer take than usual suspects which I respect. I didn’t believe Badenoch actually because as a person she just wasn’t clubbable enough to persuade all her colleagues. They didn’t think it important enough. Let’s say Johnson had backed this. It would have happened.

Starmer isn’t motivated. I dare say his bill, if it emerges, will be some way of the change that is wanted here. I would guess it will set out a series of statutory exceptions where a single sex service is justified and thus that is much more easily defended in law than the broader change above.

I am always a bit suspicious about politicians who claim to be able to deliver big ticket changes. They must be extremely powerful to do so or very clever. And I don’t think Badenoch is either of those. She’s a headliner who talks big.

Shortshriftandlethal · 15/11/2024 08:20

bombastix · 15/11/2024 07:46

You can usual suspects me as much as you like. My point has always been gender criticality is little but a political football. Badenoch failed to get the support she needed, governments make difficult change all the time. She wasn’t backed by her own party. Why? Because she couldn’t influence her colleagues.

Starmer doesn’t see an issue, so no, he won’t do a thing.

Does anyone think that the Tory Party putting the change forward in the way they have done means that they will actually achieve the outcome they want? Really?

My take has always been that people have to influence Labour, they should have held their nose before the election and got on with it if it mattered. Starmer has zero incentive to play with what is seen as Badenoch’s idea. He’s a politician and he won’t give it a hearing. Regrettably for some, the hard work of cultivating lefties must be done. I appreciate that is not as nice as having a high horse to ride on, but politics is about acting and making change.

Or perhaps it suits some to fulminate.

People did try to influence Labour before the last election. They sought to meet with their own MPs ( mine refused to meet on the issue), they wrote letters, they campaigned, and some Labour party members grouped together under the 'Labour Women's Declaration'........ to no avail.

I spoiled my ballot because I'm not voting for a candidate who has made it plain and clear that she believes TWAW and who is a supporter of Mermaids. And I had no faith in starmer......with his continual evasions, or his lack of vocal support for Rosie Duffield. Labour has treated women disgracefully.

Shortshriftandlethal · 15/11/2024 08:13

bombastix · 14/11/2024 20:51

Really? Isn’t the consensus on this board that 1) Badenoch would definitely do this sex clarification 2) Starmer was a gutless trans supporter and would make it worse.

i think nothing will happen at all. Starmer is probably more honest that Badenoch in the sense that he never intended to do anything whereas Badenoch claimed she would. What people actually do matters. Not what they claim they will.

No disrespect to Cass, it was an epic and vital report.

That is not what has been said, but yes, I do think, given more time ( laws can't be changed over-night).....Badenoch would have moved to a clarification of sex. It is far easier to not put something into law in the first instance, than it is to undo it once done.

Starmer is a gutless trans supporter - or that is certainly his record so far. Weasel words whilst still meeting with Stonewall and making promises.

It seems to me that many seem to be caught up in a reflexive rear guard defence of Labour ( after all of the championing of them at the last election) rather than a honest appraisal. So far, he, like most others in the Labour Party, have refused to give clear and unequivocal support to women's sex based rights across the board.

Next year we'll see....as this is when Starmer will introduce his " modernisation" of the GRA.

You mentioned Cass but you also failed to mention that we would definitely have Self Id by now if the Tories had not blocked it; and that they blocked the same in Scotland. Scottish Labour supported what the SNP were doing.

bombastix · 15/11/2024 07:46

You can usual suspects me as much as you like. My point has always been gender criticality is little but a political football. Badenoch failed to get the support she needed, governments make difficult change all the time. She wasn’t backed by her own party. Why? Because she couldn’t influence her colleagues.

Starmer doesn’t see an issue, so no, he won’t do a thing.

Does anyone think that the Tory Party putting the change forward in the way they have done means that they will actually achieve the outcome they want? Really?

My take has always been that people have to influence Labour, they should have held their nose before the election and got on with it if it mattered. Starmer has zero incentive to play with what is seen as Badenoch’s idea. He’s a politician and he won’t give it a hearing. Regrettably for some, the hard work of cultivating lefties must be done. I appreciate that is not as nice as having a high horse to ride on, but politics is about acting and making change.

Or perhaps it suits some to fulminate.

EasternStandard · 15/11/2024 07:42

IwantToRetire · 15/11/2024 01:00

Badenoch claimed she would.

This is such a boring and dishonest statement that the usual suspects always pump out.

She was in the process of doing something and then Sunak called a snap election, without apparently consulting ministers, etc., as to the impact that would have on their current projects.

I believe she even mentioned this in her web chat with MNHQ and has been referred to on other FWR threads.

So why repeat something that is not only untrue, but has been already pointed out its untrue.

Yes well done for countering the dishonesty

I guess it’ll be a next GE issue

JustSpeculation · 15/11/2024 07:12

@Hoardasurass @JanesLittleGirl , true. Very true. I hadn't thought of that. Thank you.

UtopiaPlanitia · 15/11/2024 01:57

No worries Retire, I understood what you were saying 👍

I agree certain derails can be extremely frustrating when a poster is in broadcast but not receive mode - there's no real discussion possible - but I've found that other types are eventually enlightening because it allows me to encounter differing POVs from my own and/or the derails allow established posters here (who are often very eloquent) to refute claims that are lacking in accuracy.

And to agree with other posters above, Starmer & Co are irritatingly sticking to their election strategy of "Us Labours are very proud of our equality legislation, thank you very much", which I hope they will eventually be made to realise does not address in any substantive way any of the issues created by said legislation they created.

IwantToRetire · 15/11/2024 01:36

UtopiaPlanitia · 15/11/2024 01:11

I don't think it hurts to reaffirm the facts in response to inaccuracies; it's useful for people who are reading the thread but are perhaps new to the area under discussion.

My post wasnt aimed at you! More myself.

But sadly expect to see it churned out on a thread were it is not relevant.

OP posts:
PencilsInSpace · 15/11/2024 01:23

JustSpeculation · 14/11/2024 18:10

I don't see how you can get away from the "proportionate" bit. Otherwise you're saying that women can have single sex spaces just because they want to. But then you run into the problem that the EA2010 protects everyone, not specific groups. So that means that men can have single sex spaces just because they want to as well. Then you're back to blokes clubs settling matters behind closed doors.

Clubs and associations are covered by a different part of the EA. Single sex services are only lawful if they are a proportionate means of achieving a legitimate aim but there is no such requirement for associations. Hence there are women only and men only clubs (as well as all sorts of clubs based around other protected characteristics) for no better reason than because the members want them. E.g. the WI or the Freemasons.

The snag is that unlike service provision, there is no clear additional exception to exclude tw with a GRC from a female only club.

UtopiaPlanitia · 15/11/2024 01:11

I don't think it hurts to reaffirm the facts in response to inaccuracies; it's useful for people who are reading the thread but are perhaps new to the area under discussion.

IwantToRetire · 15/11/2024 01:05

It's an ill-informed myth that won't die off

I think it has died off but the usual suspects keep trying to revive it.

Should have followed by usual advice of dont encourage thread derailers!

OP posts:
UtopiaPlanitia · 15/11/2024 01:04

It's an ill-informed myth that won't die off - I've heard Badenoch explain in detail on more than one occasion the complexity of trying to get agreement across govt departments, the EHRC, and with Cabinet colleagues for her suggested legislation AND I've heard her explain how it was ready to be go ahead for implementation in the late summer of 2024 but the snap election killed off all progress.

Badenoch put her money where her mouth was and her solution was detail-orientated.

IwantToRetire · 15/11/2024 01:03

And for those who hadn't realised, but the reason for starting a thread about this story is to show that the Tories, now in opposition, are keeping up their challenge to the Tories re women's sex based rights.

And all it shows is that marginally Labour has shifted by replying about women only services, rather than women's safe spaces. which shows that might just have read the EA and the SSEs, because it isn't clear they had done in the past, as they just parroted replies that are straight out of the TRA playbook.

That's all it is.

OP posts:
IwantToRetire · 15/11/2024 01:00

Badenoch claimed she would.

This is such a boring and dishonest statement that the usual suspects always pump out.

She was in the process of doing something and then Sunak called a snap election, without apparently consulting ministers, etc., as to the impact that would have on their current projects.

I believe she even mentioned this in her web chat with MNHQ and has been referred to on other FWR threads.

So why repeat something that is not only untrue, but has been already pointed out its untrue.

OP posts:
illinivich · 14/11/2024 23:03

I don't think Starmer sees the problem.

He has stated that he is proud that labour introduced the GRA and the EqA. So he is proud that adult men have female birth certificates and there is confusion about when and where these men have legal rights to use womans services.

I think its going to take the courts to highlight to him where the problems are, he isnt going to listen to women, or safeguarding experts.

bombastix · 14/11/2024 20:51

Shortshriftandlethal · 14/11/2024 20:05

Even as an obvious Tory hater, you have to hope, though, that Labour will act positively on the matter, surely? And also, you have to admit that we would already have Gender Self Id if it wasn't for the Tory party party blocking it, and there would have been no Cass Review.

Really? Isn’t the consensus on this board that 1) Badenoch would definitely do this sex clarification 2) Starmer was a gutless trans supporter and would make it worse.

i think nothing will happen at all. Starmer is probably more honest that Badenoch in the sense that he never intended to do anything whereas Badenoch claimed she would. What people actually do matters. Not what they claim they will.

No disrespect to Cass, it was an epic and vital report.

IwantToRetire · 14/11/2024 20:06

Lady Haldane's ruling made it clear that under the EA "where proporationate" same sex ie based on biologe are legitimate.

But for all other purposes someone with a GRC was legally the opposite sex to the one they were born.

But the main propblem is that those who can dont implement the proporationate, because too many people and organisations, for whatever reason, cant be bothered to use the SSE.

All this has been said zillion of times on FWR, so not sure why anyone thinks anything has change.

But again as has been said, none of the other protected characteristics have to accept faux members of their characteristic as being real. ie Black and other communities are not told by the law to accept white people who claim they are Black as being Black, nor do people with disabilities have to accept that someone who says they identify as disabled as being disabled.

It is because those who wrote the rules as to how the GRA should interact with the EA decided that sex, specifically women should accept that their reality should only be seen as being the same as someone who identifies as that sex.

Effectively how the EA is written is discriminatory against the protected characteristic of sex.

ie it isn't about equality it is a about social engineering.

Worth noting it was written by Labour.

OP posts:
Shortshriftandlethal · 14/11/2024 20:05

bombastix · 14/11/2024 19:41

Well if you were really stupid, you choose something to campaign on that your own leader failed to do when she was Minister with the power to do so. If they are that stupid, to imagine this is some kind of “gotcha” then I reckon they will be out of power for a very long time.

Even as an obvious Tory hater, you have to hope, though, that Labour will act positively on the matter, surely? And also, you have to admit that we would already have Gender Self Id if it wasn't for the Tory party party blocking it, and there would have been no Cass Review.

EasternStandard · 14/11/2024 20:04

I doubt Labour will do anything.

Maybe the next GE will see some progress for women

Shortshriftandlethal · 14/11/2024 20:03

duc748 · 14/11/2024 19:22

Don't you just get the feeling that nobody in govt particularly wants 'clarification'? That there's no enthusiasm whatsoever to press for change (to use an unfortunate term 😛) to either the GRA or the Equality Act.

Yes, Starmer has showed he intends to stick with his script - come hell or high water.

Shortshriftandlethal · 14/11/2024 20:02

duc748 · 14/11/2024 18:31

And that "can provide single-sex services" is very different from "must provide single-sex services".

And 'services' doesn't necessarily include toilets and changing rooms.

Hoardasurass · 14/11/2024 19:50

@JanesLittleGirl I am aware of that but the appeal crt in Edinburgh has ruled that men with a grc are women under the equal act and women with a grc are men, what this means is that a pregnant woman with a grc has no pregnancy or maternity protection, no lesbian groups can refuse to admit a man with a grc (groups aren't exempt), when a man with a grc claims sex discrimination the comparator is a woman instead of a man without a grc and that's not even an exhaustive list of the issues.
As I said in my last post the government need to start a massive campaign to inform all service providers and employers what the law actually says and that stonewall law is illegal. It would be really helpful if they could also point out that it's not illegal to ask for proof of a grc

bombastix · 14/11/2024 19:41

Well if you were really stupid, you choose something to campaign on that your own leader failed to do when she was Minister with the power to do so. If they are that stupid, to imagine this is some kind of “gotcha” then I reckon they will be out of power for a very long time.

duc748 · 14/11/2024 19:39

I don't imagine the Tories think Labour will act on this. Why would they?