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Feminism: Sex and gender discussions

Just one article to convince someone that it's not just about sport?

66 replies

Emilesgran · 02/05/2025 09:45

Hi all,
I normally come here to learn rather than to post because there are so many brilliant women who just "get" everything that I feel I don't have much to contribute. Plus lack of time TBH.

Anyway, my DS who's in his late 20s and living abroad so we don't sit down regularly to talk, has been holding back on the whole trans thing. I've felt for ages that he didn't agree with me but was being "careful" not to say the wrong thing, and I didn't want to push it.

So now, at last, after the SC ruling, he finally said something on Whatsapp about "the strange SC judgment". I asked him "why strange", and he replied with quite a detailed post:
-
Well I'm not as engaged as you are. But the judgement is ham-fisted, reads like a biased SCOTUS opinion and lowers my opinion of UK Supreme Court. Extract:
"The definition of sex in the EA 2010 makes clear that the concept of sex is binary, a person is either a woman or a man. Persons who share that protected characteristic for the purposes of the group-based rights and protections are persons of the same sex and provisions that refer to protection for women necessarily exclude men. Although the word “biological” does not appear in this definition, the ordinary meaning of those plain and unambiguous words corresponds with the biological characteristics that make an individual a man or a woman. These are assumed to be self-explanatory and to require no further explanation."

That's just a dereliction of duty by the court, and will cause problems as it enforces gender stereotypes on the entire population.

And then he concluded: The sports issue is a minor aspect that needed correcting. That's sorted, but at the cost of cruelty to another section of the population who would never dream of picking up a tennis racquet competitively - nor assault children in bathrooms.
---
Italics are mine - to show his words, bolding is his.

I was going to reply, but I don't want to get this wrong. Nor end up with a to-and-fro that will just lead to him disengaging again. I feel like this is a chance to win him over - if I can get it right.

I also know he won't read lots of different articles about it - he's not concerned enough. But if someone has an idea of just one article - not one with lots of horrifying anecdotes about abusers, that's not his style, but rather something analytical that will explain why it's a woman's rights issue, rather than trans rights, or - well I don't know, something else - that'd be fantastic.

I can respond to some of his points, that it's not just about competitive sports for instance, because girls only get to a competitive level by coming up through the ranks of school and club sports, and that women need to play more sports generally anyway. But like I say, I'd really like a single authoritative article about why this is not about dislike for transgender but about erasing women. He already knows about JK Rowling, of course, so it needs to be in a bit more depth than that.

I'm sure if I took the time to search here, I'd find something, but apart from the fact that it's a daunting task, I'd really like some advice on how to go about it talking to him about it as well.

He also has a 13 year old cousin who's currently in the throes of thinking she might be trans or NB, so OTOH her obvious unhappiness and confusion might help my argument, but I don't want to sound like I'm rejecting her either. Because I'm not.

TIA

OP posts:
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Emilesgran · 02/05/2025 13:17

BabaYagasHouse · 02/05/2025 13:06

Having just read the Helen Lewis Atlantic piece linked above- I think something like this with an overview of the ruling- from moderate journalists and from left wing publications- that clarify the clash of rights being addressed are very helpful in this situation.
This one from the Guardian is good for that too:
<a class="break-all" href="https://archive.ph/2025.04.18-065341/www.theguardian.com/commentisfree/2025/apr/18/if-britain-is-now-resetting-the-clock-on-trans-rights-where-will-that-leave-us" rel="nofollow" target="_blank">https://archive.ph/2025.04.18-065341/www.theguardian.com/commentisfree/2025/apr/18/if-britain-is-now-resetting-the-clock-on-trans-rights-where-will-that-leave-us

Good luck OP. Its so hard, I know. Have had similar with my own son (19) - but he is pretty willing to discuss and look at info I send- especially when I've heard him out first.
I keep having to remember it's the water they swim in- and so am very grateful for any opening to different sharing perspectives.
For my son- an interest in history has helped!

Thanks. That Guardian link is broken though - I'll have a look to see if I can find it myself but if you're around, you might be faster than me!

OP posts:
BabaYagasHouse · 02/05/2025 13:12

RedToothBrush · 02/05/2025 12:48

The Marty McFly Principle.

For any thing to be workable in law, you have to be able to define what you mean.

For the purposes of the Equality Act, this means who has what protected characteristic.

Key to this is what those characteristics are: these are age, disability, sex, sexual orientation, marriage and civil partnership, gender reassignment, pregnancy and maternity, race, and religion or belief.

The actual wording on gender reassignment is - A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has 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.

Now how do we know who has the protected characteristic of gender reassignment if sex doesn't mean biological sex and is just a fuzzy concept based on how people feel (note because it's about proposing to undergo as well as has gone through, we can't refer to a GRC here). Thus if we make sex a fuzzy indefinable thing or erase it completely any woman who declare herself a transwoman or any man could declare themselves a transman and the law couldn't argue differently as you don't have the necessary words to define them as not.

Thus sex can ONLY be biological sex otherwise you do a Marty McFly and erase the very existence of transpeople by your own actions of deleting sex - because if you erase sex, you remove the ability to defend trans rights.

That's the paradox. Trans people rely of the observation of sex for their rights. They can not pick and choose where sex is relevant and where it is not if we are acting in a way which treats everyone equally and impartially. Sex has to be based on biological sex. It's impossible in law for it to be an indefinable concept like gender without reference to sex in order to PROTECT transpeople!

This sex MUST mean biological sex. Because the Act itself doesn't reference anything different in its definitions.

In theory it COULD have made a distinction here and added definitions about legal and biological sex to certain points. But it didn't. It actually lumps people with a formal recognition which is completed TOGETHER with those who are still going through the process. Therefore you have to default to how you can identify those who don't have a certificate as your common definition point. (If the law had been explicit and said on awarding of a certificate only then you could identify them in this way but because it doesn't you HAVE to make reference to sex not a certificate).

And the Supreme Court can't rewrite the law. They can only go to the letter of the law.

When you understand the Marty McFly principle you understand that the Supreme Court had no other option but to rule the way it did. Otherwise it makes no sense and those undergoing / who have gender reassignment, are homosexual or have a sex (either sex!) lose all ability to protect themselves in law because they can't distinguish themselves from other humans in law!!!

This is ALL you need to know about the ruling. It's completely neutral. It protects literally everyone. Otherwise everyone loses rights!

It's that bonkers and that misrepresented.

This is brilliant!

RedToothBrush · 02/05/2025 13:07

Emilesgran · 02/05/2025 12:55

Oh I think it's this, exactly! I've bookmarked your post to try to condense it for him. I'm afraid of him bowing out and saying he can't be bothered if I do too much at once.

I think a lot of the problem is about how so many people don't understand how the law (or civil society as a whole actually works).

Trump is making the same mistake over tariffs. He thinks it's like magic without understanding all the other functionality of trade deals and understanding.

Brexit and supply chains follows a similar pattern. It's all about functionality versus idealism.

You cant operate on ideals because practicalities get in the way. The Bastards.

BabaYagasHouse · 02/05/2025 13:06

Emilesgran · 02/05/2025 11:52

First of all a general thanks to everyone who's replied - lots of brilliant things to think about there already - I knew Mumsnet would come up trumps!
I'll have a look at the latest ones and then see where I'm at with all that.

Having just read the Helen Lewis Atlantic piece linked above- I think something like this with an overview of the ruling- from moderate journalists and from left wing publications- that clarify the clash of rights being addressed are very helpful in this situation.
This one from the Guardian is good for that too:
<a class="break-all" href="https://archive.ph/2025.04.18-065341/www.theguardian.com/commentisfree/2025/apr/18/if-britain-is-now-resetting-the-clock-on-trans-rights-where-will-that-leave-us" rel="nofollow" target="_blank">https://archive.ph/2025.04.18-065341/www.theguardian.com/commentisfree/2025/apr/18/if-britain-is-now-resetting-the-clock-on-trans-rights-where-will-that-leave-us

Good luck OP. Its so hard, I know. Have had similar with my own son (19) - but he is pretty willing to discuss and look at info I send- especially when I've heard him out first.
I keep having to remember it's the water they swim in- and so am very grateful for any opening to different sharing perspectives.
For my son- an interest in history has helped!

RedToothBrush · 02/05/2025 13:04

Emilesgran · 02/05/2025 12:53

Right I need another thing now: he's gone off on a tangent that the SC should have defined male/female or man/woman, and that they therefore have failed in their duty to fully define the terms.

I said he's confusing US and UK supreme courts (I could be wrong in this! 😳) and that because parliament is supreme, unlike in the US (checks and balances[ the UK SC can ONLY find what the law says, not redefine it according to a new understanding of words.

I think I remember that the SC has sometimes found that a law says a thing but that this is unsatisfactory, and asks parliament to reconsider or deal with it. AM I wrong in that?

(Maybe this is a massive stretch to ask!! But if anyone knows of an example of a judgment, about anything, where the UK SC has told parliament they needed to relegislate something (am I wrong to think that happens??) that would be great.

Alternatively, how to get off this pointless line of discussion and back to the real questions. 😡

Edited

He's definitely missing understanding the role of the courts. Possibly because Americans are sticking their oar in and it's different between the UK and US.

In the US judges can rule based on politics; they are politicised and appointed by political parties.

In the UK, impartiality is sacrisant. They can only rule on what is presented before them on the balance of probabilities and definitions laid out in law. They are non political.

Politicians write the law.

So if there is a problem with a ruling, it should fall back to politicians to resolve rather than because the judges have been biased/unfair etc etc.

This is where the issue now is so problematic. The activists ultimately know that politically they haven't got a leg to stand on because their position is so extreme and the public don't agree so politicians will not rewrite the law in the way that they want. So it's easier to hurl abuse at the judges because they know the game is over.

Certain activists knew from the beginning they could only get what they wanted by flying everything under the radar. The problem came when it was no long under the radar and too many people started claiming transgender rights thus undermining other rights. Basically they got caught out taking the piss and not doing things by public consent. This is all documented and on record so it's undeniable too.

Emilesgran · 02/05/2025 13:01

Keeptoiletssafe · 02/05/2025 12:21

‘nor assault children in bathrooms.’
I have actually done research on this. I believe it’s the design that makes a difference as crimes are likely to happen in private.

You could always discuss the public toilet door gap conundrum. Because focusing on one characteristic and ignoring others means more designs are actually dangerous for all. But particularly anyone medically vulnerable (including those with invisible disabilities) and women and children (because of assaults).

Public mixed sex toilet designs don’t have door gaps so are best for men that are healthy (ie. Men not about to have a heart attack or stroke). Ironically medical emergencies are likely to happen in a toilet room because that’s where people rush to when they feel ill.

Thats why we need single sex toilets with door gaps. They are safer for everyone.

It should be about considering everyone. If he looks in the government consultation document for toilet design for people with long term health conditions he will understand, because they didn’t even mention most of the long term health conditions that cause collapse, and instead closed the gaps on designs because they linked to ‘evidence’ - opinion article from transactivists who preferred enclosed designs. The company that did the consultation were on the Stonewall scheme and won a gold award the next year.

Inclusivity isn’t inclusivity if it focuses on one group to the detriment of all others. There needs to be checks and balances.

Safety, for when any of us are at are most vulnerable, should come first.

That's a really good point about medical emergencies etc.

OP posts:
SmegmaCausesBV · 02/05/2025 12:57

If you explain that if you let in some men you have to legally let ALL men in? Otherwise you have a 2 tier system where some men have extra "rights".

I think we need to push it back onto the trans community to come up with answers such as they agree only men who have had full surgery and have lived as a woman for 5 years full time can use female spaces if they always carry a card. I mean, I doubt many of them will do that because they just want to use it to access female spaces but it at least has a bar they are willing to negotiate from. I think a lot of trans supportive people think they have all had surgery rather than are men who just dress up when they want to try to see women naked in their spare time.

maltravers · 02/05/2025 12:56

I think as sport is visible and men care about it, they can see TW in women’s sport is wrong. They don’t “see” TW in female prisons/rape centres/changing rooms and they don’t understand the fear.

Ask him if any girls he knows alter their behaviour because of the fear or assault/rape/male violence. Ask him why he thinks that fear stops if a TW ids as a woman. Ask him if he is aware that many TW are sexually interested in women, not men. Ask him if he thinks male pattern violence stops once a TW ids as a woman.

Rightsraptor · 02/05/2025 12:56

This won't be overly helpful to you I suspect, OP, but his comment about enforcing gender stereotypes on the entire population is topsy-turvy, as all the batshit trans ideology is. The SC judgment is about biology and sex differences, not who wears the skirts and who wears the trousers. Can't he see that?

Emilesgran · 02/05/2025 12:55

RedToothBrush · 02/05/2025 12:48

The Marty McFly Principle.

For any thing to be workable in law, you have to be able to define what you mean.

For the purposes of the Equality Act, this means who has what protected characteristic.

Key to this is what those characteristics are: these are age, disability, sex, sexual orientation, marriage and civil partnership, gender reassignment, pregnancy and maternity, race, and religion or belief.

The actual wording on gender reassignment is - A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has 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.

Now how do we know who has the protected characteristic of gender reassignment if sex doesn't mean biological sex and is just a fuzzy concept based on how people feel (note because it's about proposing to undergo as well as has gone through, we can't refer to a GRC here). Thus if we make sex a fuzzy indefinable thing or erase it completely any woman who declare herself a transwoman or any man could declare themselves a transman and the law couldn't argue differently as you don't have the necessary words to define them as not.

Thus sex can ONLY be biological sex otherwise you do a Marty McFly and erase the very existence of transpeople by your own actions of deleting sex - because if you erase sex, you remove the ability to defend trans rights.

That's the paradox. Trans people rely of the observation of sex for their rights. They can not pick and choose where sex is relevant and where it is not if we are acting in a way which treats everyone equally and impartially. Sex has to be based on biological sex. It's impossible in law for it to be an indefinable concept like gender without reference to sex in order to PROTECT transpeople!

This sex MUST mean biological sex. Because the Act itself doesn't reference anything different in its definitions.

In theory it COULD have made a distinction here and added definitions about legal and biological sex to certain points. But it didn't. It actually lumps people with a formal recognition which is completed TOGETHER with those who are still going through the process. Therefore you have to default to how you can identify those who don't have a certificate as your common definition point. (If the law had been explicit and said on awarding of a certificate only then you could identify them in this way but because it doesn't you HAVE to make reference to sex not a certificate).

And the Supreme Court can't rewrite the law. They can only go to the letter of the law.

When you understand the Marty McFly principle you understand that the Supreme Court had no other option but to rule the way it did. Otherwise it makes no sense and those undergoing / who have gender reassignment, are homosexual or have a sex (either sex!) lose all ability to protect themselves in law because they can't distinguish themselves from other humans in law!!!

This is ALL you need to know about the ruling. It's completely neutral. It protects literally everyone. Otherwise everyone loses rights!

It's that bonkers and that misrepresented.

Oh I think it's this, exactly! I've bookmarked your post to try to condense it for him. I'm afraid of him bowing out and saying he can't be bothered if I do too much at once.

OP posts:
RedToothBrush · 02/05/2025 12:55

Alternatively you define and codify gender stereotypes into law as definitions.

'people who wear dresses'
'people who care for children's
'people who wear high heels and dresses'

Good luck with that as an idea is all I can say.

Emilesgran · 02/05/2025 12:53

Right I need another thing now: he's gone off on a tangent that the SC should have defined male/female or man/woman, and that they therefore have failed in their duty to fully define the terms.

I said he's confusing US and UK supreme courts (I could be wrong in this! 😳) and that because parliament is supreme, unlike in the US (checks and balances[ the UK SC can ONLY find what the law says, not redefine it according to a new understanding of words.

I think I remember that the SC has sometimes found that a law says a thing but that this is unsatisfactory, and asks parliament to reconsider or deal with it. AM I wrong in that?

(Maybe this is a massive stretch to ask!! But if anyone knows of an example of a judgment, about anything, where the UK SC has told parliament they needed to relegislate something (am I wrong to think that happens??) that would be great.

Alternatively, how to get off this pointless line of discussion and back to the real questions. 😡

OP posts:
RedToothBrush · 02/05/2025 12:48

The Marty McFly Principle.

For any thing to be workable in law, you have to be able to define what you mean.

For the purposes of the Equality Act, this means who has what protected characteristic.

Key to this is what those characteristics are: these are age, disability, sex, sexual orientation, marriage and civil partnership, gender reassignment, pregnancy and maternity, race, and religion or belief.

The actual wording on gender reassignment is - A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has 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.

Now how do we know who has the protected characteristic of gender reassignment if sex doesn't mean biological sex and is just a fuzzy concept based on how people feel (note because it's about proposing to undergo as well as has gone through, we can't refer to a GRC here). Thus if we make sex a fuzzy indefinable thing or erase it completely any woman who declare herself a transwoman or any man could declare themselves a transman and the law couldn't argue differently as you don't have the necessary words to define them as not.

Thus sex can ONLY be biological sex otherwise you do a Marty McFly and erase the very existence of transpeople by your own actions of deleting sex - because if you erase sex, you remove the ability to defend trans rights.

That's the paradox. Trans people rely of the observation of sex for their rights. They can not pick and choose where sex is relevant and where it is not if we are acting in a way which treats everyone equally and impartially. Sex has to be based on biological sex. It's impossible in law for it to be an indefinable concept like gender without reference to sex in order to PROTECT transpeople!

This sex MUST mean biological sex. Because the Act itself doesn't reference anything different in its definitions.

In theory it COULD have made a distinction here and added definitions about legal and biological sex to certain points. But it didn't. It actually lumps people with a formal recognition which is completed TOGETHER with those who are still going through the process. Therefore you have to default to how you can identify those who don't have a certificate as your common definition point. (If the law had been explicit and said on awarding of a certificate only then you could identify them in this way but because it doesn't you HAVE to make reference to sex not a certificate).

And the Supreme Court can't rewrite the law. They can only go to the letter of the law.

When you understand the Marty McFly principle you understand that the Supreme Court had no other option but to rule the way it did. Otherwise it makes no sense and those undergoing / who have gender reassignment, are homosexual or have a sex (either sex!) lose all ability to protect themselves in law because they can't distinguish themselves from other humans in law!!!

This is ALL you need to know about the ruling. It's completely neutral. It protects literally everyone. Otherwise everyone loses rights!

It's that bonkers and that misrepresented.

Toootss · 02/05/2025 12:37

I don’t think I’m going to argue with anyone on this. Hopefully the worst of the moaning and criticism will die away.
I would though write to public bodies if unhappy with their comments /publications.

Toootss · 02/05/2025 12:34

Sharon Davies on pm last night on R4 said that banning Twomen from football etc was for insurance reasons. I guess if someone is injured playing football and it is by someone now deemed the male sex the insurance payments ( I’ve no idea about sports law) would be v high.
So it could be said it’s not nasty women stopping Twomen from playing it’s the Law!

Herewegosummer · 02/05/2025 12:27

The reason I wrote the above post is because you will not change her mind with facts.

So make her think about the solution

Herewegosummer · 02/05/2025 12:25

Maybe say that you agree that for trans people this is not what they are used to and ask whether you could both try and help trans people by trying to campaign together for safe third spaces for all trans individuals.

Waitwhat23 · 02/05/2025 12:22

Not an article as such but the damning independent review into the practices at Edinburgh Rape Crisis Centre after a damning Employment Tribunal is a perfect example of the kind of situation caused by organisations captured by gender ideology who ignored the law and why the SC judgement was so important -

https://www.rapecrisisscotland.org.uk/resources/ERCC-Review-Report-FINAL1-.pdf

https://www.rapecrisisscotland.org.uk/resources/ERCC-Review-Report-FINAL1-.pdf

DuchessofReality · 02/05/2025 12:22

So tricky. I would say something like 'what cruelty do you mean?' I would be very supportive of third spaces, but to give anyone the 'right' to be treated as the opposite sex would mean, for example, that women would be forced to change in front of men, or be strip searched by men. I think that would be cruel for the women.

sashh · 02/05/2025 12:21

Jessica Yaniv's Wikipedia is a start.

en.wikipedia.org/wiki/Jessica_Yaniv

Keeptoiletssafe · 02/05/2025 12:21

‘nor assault children in bathrooms.’
I have actually done research on this. I believe it’s the design that makes a difference as crimes are likely to happen in private.

You could always discuss the public toilet door gap conundrum. Because focusing on one characteristic and ignoring others means more designs are actually dangerous for all. But particularly anyone medically vulnerable (including those with invisible disabilities) and women and children (because of assaults).

Public mixed sex toilet designs don’t have door gaps so are best for men that are healthy (ie. Men not about to have a heart attack or stroke). Ironically medical emergencies are likely to happen in a toilet room because that’s where people rush to when they feel ill.

Thats why we need single sex toilets with door gaps. They are safer for everyone.

It should be about considering everyone. If he looks in the government consultation document for toilet design for people with long term health conditions he will understand, because they didn’t even mention most of the long term health conditions that cause collapse, and instead closed the gaps on designs because they linked to ‘evidence’ - opinion article from transactivists who preferred enclosed designs. The company that did the consultation were on the Stonewall scheme and won a gold award the next year.

Inclusivity isn’t inclusivity if it focuses on one group to the detriment of all others. There needs to be checks and balances.

Safety, for when any of us are at are most vulnerable, should come first.

Lemonz · 02/05/2025 12:16

On the contrary, if you don't define women by the fact that they are biologically female, the only other option is to define them by conformity to gender stereotypes (subjective ideas about how a woman thinks, feels, looks, behaves) or to cop out with nonsensical circular reasoning. You could point this out and explain that you find any definition of woman that is not based on material reality to be regressive and sexist.

I imagine your son hasn't thought about it properly but if it was my son I'm not sure I'd bother trying to convince him if he was being respectful towards my views, which yours does seem to be. But my son is only 7 so that's an uninformed opinion as I don't have any experience of navigating relationships with adult children!

Xiaoxiong · 02/05/2025 12:16

I also picked up on the reference to "gender stereotypes".

Are you able to use socratic questioning with him that appear more about "clarification" rather than judgement? eg.

Interesting analysis - just to be clear I understand you, can you clarify what you mean by "gender stereotypes"?

Ok and now can I just understand what relationship "biological characteristics" (the words used in the judgement) have to gender stereotypes?

So if there's no connection between biology and gender stereotypes, how is the court imposing those gender stereotypes on people with this judgement...

etc etc

SparklyPinkHairband · 02/05/2025 12:13

Kinsters · 02/05/2025 10:26

Hmm I don't have any one article but maybe prison statistics? They show that either a) transwomen have male pattern offending behaviours (although way more likely to be imprisoned for sexual crimes than men are) or b) male predators pretend to be transwomen. Either way is not a good look and wholly incompatible with allowing transwomen into womens spaces.

This. Prison statistics on men who wish they were women* and also prison statistics on the background and exposure to abuse of the women who end up in prison.

So look at the statistics of the type of woman who ends up in prison. And then look at the statistics of men who have been put into the female prisons. And think about what you are exposing these female prisoners to. And the staff.

*I am still debating whether to use "trans identifying men" or this longer version. Someone made the excellent point that "trans identifying men" puts the trans identity at the front and in focus. But I do need a shorter way of saying "men who wish they were women".... MWWTWW??!

CheeseNPickle3 · 02/05/2025 12:12

Ok, well if transwomen are men, then why would they be entitled to share women's spaces in toilets/prisons/changing rooms etc.etc. Why them and not any other men? Their "oppression" doesn't entitle them to opposite sex spaces any more than being gay/old/weak/disabled would. Letting in transwomen but not other men would be discriminating against men surely?