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Feminism: Sex and gender discussions

Please help me send an email to our Chief Exec who has announced they are ignoring the Supreme Court

221 replies

VivaDixie · 06/06/2025 09:44

I feel I have to do something about this - even just a carefully worded email.

Background: I work in a large well known, well respected white collar organisation. Historically it was very stuffy and male, but in recent decades it has become more inclusive.

This may be v outing but yesterday the very stuffy male Chief Exec announced in an all organisation Teams meeting that - basically - they are ignoring the SC ruling and said that trans colleagues can use whatever toilet and changing room they want. He had all the #bekind #beinclusive vibes. He reminded us all we have to be inclusive for all, clearly women don't come under that umbrella. Made lots of noises about 'we will all have different views on this as its a sensitive subject' bla bla

He made some waffle about how they are reviewing the matter and haven't made any final decisions, but - and this is crucial - that they have already taken external legal advice. I believe the crux of it is that they don't want to change the toilets and want to be seen to be inclusive.

This was one of those teams meetings where you can't put your hand up but there is an anonymous Q&A at the end - I didn't get a chance to put a Q in as I was blindsided and didn't know what to ask without sounding like an idiot.

So I intend to email the Chief Exec office and need to think about what to say. I want to keep it brief but I am thinking of getting the following in:

  1. They say they have sought independent legal advice. How has this legal advice aligned with the SC ruling in terms of the fact that allowing trans colleagues to use whatever loo (and more crucially changing rooms) they like has always been but is now confirmed as unlawful
  2. They say they are inclusive of all - how does this protect women's rights to safe spaces
  3. The toilets are not self contained - in that they have floor to ceiling cubicles but the sinks are outside the cubicles. (Mumsnet - am I right that if you are essentially making these mixed sex then that set up is now unlawful?)

My questions are clunky but I am going to think over the weekend how to articulate this. If anyone has any ideas that would be much appreciated.

OP posts:
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MyAmpleSheep · 11/06/2025 21:25

@PlanetJanette If you really think that a court will find that getting a GRC means someone can switch toilets that are provided under the workplace regulations, then try to construct a reasoned argument how that works. Bear in mind that the provision of seperate sex toilets is for reasons of decency and propriety of those using them.

Can you explain why a male-bodied person entering a women's toilet would be any less offending to a woman's decency and propriety when that male-bodied person holds a GRC about which the woman is not entitled to know?

It may be worth pointing out that this argument is only about trans people who hold GRC's. There's never been any legal doubt about which toilet a trans person who doesn't hold a GRC should use - it has always been that they must use the toilet of their biological sex.

Bannedontherun · 11/06/2025 21:22

@MyAmpleSheep Excellently put

MyAmpleSheep · 11/06/2025 21:09

PlanetJanette · 11/06/2025 20:02

I’ve already explained at length why I think they are distinguishable. Also I’m afraid if you think it doesn’t matter which legislation came first then you’re not very familiar with statutory interpretation.

Also I’ve made no claims about what the courts will find in the future. I’ve merely pointed out that those claiming the law is settled are wrong.

The order doesn't matter, as far as the reasoning goes:

The EA came after the GRA: the only way for the EA to make sense is for 9(3) of the GRA to apply, so Parliament must have intended, when it passed the EA, to include it in 9(3) of the GRA.

The Workplace Regulations came before the GRA: The only way for the Workplace Regulations to make sense is for 9(3) of the GRA to apply, so Parliament must have intended, when it passed the GRA, to include the Workplace Regulations in 9(3) of it.

The same argument applies, regardless of the order the legislation was created.

Did you have another reason to believe that the Workplace Regulations must have some other meaning of men and women than based on biological sex?

Bannedontherun · 11/06/2025 20:56

@PlanetJanette oh and i guess you are a Lawyer of the barrack room variety.

Bannedontherun · 11/06/2025 20:54

@PlanetJanette “The new legislation is assumed to be the most definitive and the most recent expression of parliament”

Well that was in part the reasoning of the SC ruling since the EQA was well after the GRA.

You arguments are very confused.

PlanetJanette · 11/06/2025 20:02

MyAmpleSheep · 11/06/2025 19:31

It doesn't matter which act came first or second. The only way for the workplace regulations not to be nonsense are to be understood to be included in the exemptions to the GRA in 9(3), therefore that is what the courts will say Parliament will have intended. FWS is a SC judgement laying out the reasoning, so it will have to be followed by any lower court.

You asked:

But how do courts get around the fact that Parliament passed a law that said that a trans woman with a GRC is 'for all purposes' a woman, and a trans man with a GRC is 'for all purposes' a man;

That question has been answered by several people, based on the judgement of the SC decision in FWS. You can accept that that same reasoning will be applied to the workplace toilet regulations, in which case you'll also be "sure" as we are, that those regulations refer to biological sex. If you don't accept that same reasoning, then it would be interesting to hear why you think those regulations are distinguishable and why a court would hold otherwise.

I’ve already explained at length why I think they are distinguishable. Also I’m afraid if you think it doesn’t matter which legislation came first then you’re not very familiar with statutory interpretation.

Also I’ve made no claims about what the courts will find in the future. I’ve merely pointed out that those claiming the law is settled are wrong.

MyAmpleSheep · 11/06/2025 19:31

PlanetJanette · 11/06/2025 15:29

Except that in the case of the Workplace Regs, it is the GRA that is the second act. Parliament could have chosen to clarify the Workplace Regs. It could have exempted the workplace regs from 'all purposes'.

But it chose not to do that.

The point I've made from the start here is that people claiming with certainty that failing to provide toilets segregated by biological sex is unlawful are spoofing.

Might the courts find that in the future? Sure. They might also find the opposite. Those claiming that the matter is settled in law are wrong.

It doesn't matter which act came first or second. The only way for the workplace regulations not to be nonsense are to be understood to be included in the exemptions to the GRA in 9(3), therefore that is what the courts will say Parliament will have intended. FWS is a SC judgement laying out the reasoning, so it will have to be followed by any lower court.

You asked:

But how do courts get around the fact that Parliament passed a law that said that a trans woman with a GRC is 'for all purposes' a woman, and a trans man with a GRC is 'for all purposes' a man;

That question has been answered by several people, based on the judgement of the SC decision in FWS. You can accept that that same reasoning will be applied to the workplace toilet regulations, in which case you'll also be "sure" as we are, that those regulations refer to biological sex. If you don't accept that same reasoning, then it would be interesting to hear why you think those regulations are distinguishable and why a court would hold otherwise.

PlanetJanette · 11/06/2025 19:08

mb2512cat · 11/06/2025 18:32

They don’t need to make a comprehensive list of rules and regulations it applies/doesn’t apply to. It’s nonsensical to include men in the definition of women when providing single-sex facilities as they exist to protect women from men. Cry harder.

According to normal constitutional law interpretation that’s precisely what they need to do.

That is why the consequential amendments sections of some legislation is the longest and most detail parts. Because the interaction between old legislation and new legislation is complex. And where Parliament doesn’t expressly disapply elements of new legislation to accommodate old legislation, the new legislation is assumed to be the more definitive and most recent expression of the sovereignty of Parliament.

mb2512cat · 11/06/2025 18:32

PlanetJanette · 11/06/2025 15:32

Precisely. Parliament knew in 2004 that they wanted to make some exceptions to the 'all purposes' provision. But the Workplace Regulations were not one of the exceptions they chose to make.

They don’t need to make a comprehensive list of rules and regulations it applies/doesn’t apply to. It’s nonsensical to include men in the definition of women when providing single-sex facilities as they exist to protect women from men. Cry harder.

TheOtherRaven · 11/06/2025 16:58

Obvs because they're really inconvenient to men.

It's much easier for men to use and abuse women if women don't have bloody inconvenient rights.

FlirtsWithRhinos · 11/06/2025 16:33

PlanetJanette · 11/06/2025 15:32

Precisely. Parliament knew in 2004 that they wanted to make some exceptions to the 'all purposes' provision. But the Workplace Regulations were not one of the exceptions they chose to make.

Given that it is undeniable that female-bodied people have different physical and social challenges to male-bodied people, why is it so important to you that female people not be allowed to have sex-specific rights, spaces and protections?

PlanetJanette · 11/06/2025 15:32

mb2512cat · 11/06/2025 09:17

Even the GRA doesn’t believe that a person with a GRC has changed sex ´for all purposes’. In Section 16 it is careful to state that a GRC does not change entitlements to peerages: women can’t inherit their father’s title and men can’t forgo their father’s title. Funny that.

16 Peerages etc.
The fact that a person’s gender has become the acquired gender under this Act—
(a)does not affect the descent of any peerage or dignity or title of honour

Precisely. Parliament knew in 2004 that they wanted to make some exceptions to the 'all purposes' provision. But the Workplace Regulations were not one of the exceptions they chose to make.

PlanetJanette · 11/06/2025 15:30

Datun · 11/06/2025 10:37

Wes Streeting told Darlington NHS to get men out of women's spaces. So it seems this government, at least, agrees with us.

If you genuinely believe that any government, is now going to reverse ferret and say actually, that's wrong, there's no such thing as a single sex female space, good luck with that.

Even Governments don't get to repeal legislation without Parliament agreeing.

PlanetJanette · 11/06/2025 15:29

MyAmpleSheep · 10/06/2025 23:04

If you only read section 9(1) of the GRA you would think that is the end of the story, but it isn't.

Section 9(3) of the GRA sets out that "Subsection (1) [the bit you quoted] is subject to provision made by this Act or any other enactment or any subordinate legislation."

The SC court said that a "provision made by ... any other enactment" includes any law where to apply subsection 1 makes the other law incoherent.

Parliament can legislate as it sees fit. But where Parliament passes a second law that makes a first law into nonsense, courts bend over backwards to find a way to interpret that second law that allows the first law still to make sense.

Parliament passed the Equality Act 2010 sixteen years after the GRA. It did so in the full knowlege of what the GRA said and since Parliament never makes a mistake when it writes a law, Parliament must have intended the two to work harmoniously together. The only way for the two laws to work side by side is for Parliament to have intended 9(3) to be applicable to the EA2010.

It will make the same argument for the Workplace Regulations et. al.

Except that in the case of the Workplace Regs, it is the GRA that is the second act. Parliament could have chosen to clarify the Workplace Regs. It could have exempted the workplace regs from 'all purposes'.

But it chose not to do that.

The point I've made from the start here is that people claiming with certainty that failing to provide toilets segregated by biological sex is unlawful are spoofing.

Might the courts find that in the future? Sure. They might also find the opposite. Those claiming that the matter is settled in law are wrong.

PlanetJanette · 11/06/2025 15:25

FlameoftheWest · 10/06/2025 22:42

OMG

This reminds me of 6th Form Debates.

“If the legislation is clear, courts generally can't just set it aside because it creates practical challenges.” - discuss

The legislation was a complete FU, drafted on the back of a fag packet during lunch break, by a group of idealistic teenagers whose parents never said no.

Pontificating about whether the SC considered all the possible scenarios in their judgment is simplistic. The practical challenges you refer to are in fact illogical/ unsolvable situations.

“Schrödinger's cat “ springs to mind

A biological male enters a Women only space.

In your opinion it was Parliament’s intention that if this person possessed a GRC then they were effectively legally a woman and therefore entitled to enter this space. And it was also Parliament’s intention that no one could be asked to provide evidence that they possessed a GRC.

🤔

I mean that is clearly what Parliament legislated for.

Just because you don't like it doesn't mean that's not what the law says.

VivaDixie · 11/06/2025 12:46

GalacticTowels · 11/06/2025 11:56

@VivaDixie i will dm you, if I either figure out how to do it on my phone. If not when I can log on to my laptop.

It's ok i have DM'd you - so it should be in your inbox - no rush 🙂

OP posts:
GalacticTowels · 11/06/2025 11:56

@VivaDixie i will dm you, if I either figure out how to do it on my phone. If not when I can log on to my laptop.

mb2512cat · 11/06/2025 11:56

I would keep the response simple and purely based on the law that it is, and always has been unlawful to allow males to access places that are for women & girls only.

Template I’ve recently used:

« I am wondering when your organisation will comply with the Equality Act 2010 and restrict female tennis, at all levels, to women and girls only. Currently, if you are not aware, you have divided your female tennis competitions to female-only in 'Specified Competitions', but you still allow males to play against women and girls in female-only events outside of that made-up category.

This is against the law, namely the Equality Act 2010, which was confirmed in the Supreme Court's ruling on April 16' 2025, clarifying that the meaning of 'woman' is biological in basis, and that neither self ID nor a gender recognition certificate overrides this definition. This means that all sport, including tennis, which offers a category for women and girls only, means exactly that: it's for women and girls only.

I look forward to you announcing the scrapping of all policies that violate the law in regards to the safety and fairness for women and girls in tennis events covered by the LTA. With the Wimbledon tennis tournament coming up at the end of the month, it would be a shame for any part of the event to be overshadowed by either public protests (à la Imane Khelif/Lin Yu-Ting at the Olympics) or for you to be faced with litigation for sex discrimination from your female members.

Please respond ASAP with either 1) a public announcement that you are ending unfairness for your female members in every way and at every level or 2) the legal advice you have received as to why you believe the law applies only to
'Specified Competitions' and not 'Non-Specified Competitions'.

If you need a template, please see the Football Association's announcement on 1 May 2025.

regards etc

Datun · 11/06/2025 10:37

PlanetJanette · 10/06/2025 16:11

Me too but perhaps not in the way you do.

I wonder if those confidently asserting that the FWS judgment means that employers now have a duty to provide toilets and changing facilities segregated by biological sex have read the judgment.

Wes Streeting told Darlington NHS to get men out of women's spaces. So it seems this government, at least, agrees with us.

If you genuinely believe that any government, is now going to reverse ferret and say actually, that's wrong, there's no such thing as a single sex female space, good luck with that.

Manderleyagain · 11/06/2025 10:30

Lookuptotheskies · 10/06/2025 23:40

Watching with interest as my uni has declared "Use the toilets you feel most comfortable using." 🙄🤦

Well personally I'm most comfortable using single sex toilets, but apparently a person born male may feel the same way and they've okayed them using the same space as me. 😡 Ridiculous.

If you have not seen it already gave a look at this thread.
www.mumsnet.com/talk/womens_rights/5325646-anyone-else-work-at-a-uni?page=1

mb2512cat · 11/06/2025 09:17

PlanetJanette · 10/06/2025 16:09

Yes. But how do courts get around the fact that Parliament passed a law that said that a trans woman with a GRC is 'for all purposes' a woman, and a trans man with a GRC is 'for all purposes' a man; and that Parliament set out specific exceptions to that legal principle but did not see fit to include the 1992 Workplace Regulations as one of those exceptions?

The constitutional principle of sovereignty of Parliament means that Parliament can legislate as it sees fit - even if its legislation creates practical challenges. If legislation is clear, courts generally can't just set it aside because it creates practical challenges.

Even the GRA doesn’t believe that a person with a GRC has changed sex ´for all purposes’. In Section 16 it is careful to state that a GRC does not change entitlements to peerages: women can’t inherit their father’s title and men can’t forgo their father’s title. Funny that.

16 Peerages etc.
The fact that a person’s gender has become the acquired gender under this Act—
(a)does not affect the descent of any peerage or dignity or title of honour

KnottyAuty · 11/06/2025 09:01

MyAmpleSheep · 10/06/2025 23:04

If you only read section 9(1) of the GRA you would think that is the end of the story, but it isn't.

Section 9(3) of the GRA sets out that "Subsection (1) [the bit you quoted] is subject to provision made by this Act or any other enactment or any subordinate legislation."

The SC court said that a "provision made by ... any other enactment" includes any law where to apply subsection 1 makes the other law incoherent.

Parliament can legislate as it sees fit. But where Parliament passes a second law that makes a first law into nonsense, courts bend over backwards to find a way to interpret that second law that allows the first law still to make sense.

Parliament passed the Equality Act 2010 sixteen years after the GRA. It did so in the full knowlege of what the GRA said and since Parliament never makes a mistake when it writes a law, Parliament must have intended the two to work harmoniously together. The only way for the two laws to work side by side is for Parliament to have intended 9(3) to be applicable to the EA2010.

It will make the same argument for the Workplace Regulations et. al.

Yes it’s getting clearer because for sure the GRA wording is confusing and has led to lots of the problems with conflation of sex and gender.

As I now understand, the GRA was to create a legal standing for transsexuals regarding their human rights and their personal interaction with “the state” concerning pensions, marriage, finance, family etc. That was Goodwin’s part of the 2002 case and the privacy part came from “I”’s case regarding privacy & paperwork for access to education/employment. All of this covers issues when interacting with the formalities of the “state” rather than general “society”.

The GRA always had the exceptions in 9(3) and looking at them now it’s clearer to me that the exceptions all cover interactions where the rights of trans individuals clash with the rights of others? Sport, crime, succession, peerages etc and as you say there’s a whole “anything else” cover-all in the form of “any other enactment or subsidiary legislation”. Parliament presumably knew it would be complicated and thought they’d just wait to see what was challenged legally in due course. They didn’t predict that activists would create a new secular religion - with stringent thought-policing to enable widespread & blatant law breaking.

The “subordinate legislation” part of 9(3) applies to Building Regulations, Workplace Regs, Statutory Guidance etc and therefore covers toilets. And the ability to legally permit single sex toilets was first linked to the Sex Discrimination Act 1975 (segregation for the legitimate purposes of privacy, dignity and safety) and then this was replaced by the Equality Act.

So in reality, those with GRCs have been using single sex toilets on a legally dubious basis since 2004. This went unchallenged based on there being a very small number of transexuals and women’s goodwill/silence/confusion/coercion/avoidance (delete as appropriate).

Had things broadly stayed the same, transsexuals would have been left alone and women would have “budged up”. But by pushing self-ID the trans numbers (and so many cases of egregious over-reach) swelled to a point where women (FWS) made that (maybe inevitable) legal challenge - leading to the Supreme Court clarification. Which makes the idiotic push for self ID such a massive own goal.

In short - workplaces are obliged to provide single sex spaces, the sex segregation of which have been legally permitted by equality law since (at least) 1975. OP’s employer will fall foul of employment law if they don’t provide single sex facilities for women.

Trans people will have to bring their own legal challenges if they don’t want to use facilities on the basis of sex segregation. But this will, in no doubt, result in provision of “third space” facilities. Because while trans people probably do have a human right to a protected space - it’s not their human right to use the single sex space identified for women. Moylon & Mcloud will argue in their case in the courts/Europe but presumably those who have donated to the crowdfunder may be disappointed … apparently large sections of European law are based on a biological definition of sex which isn’t likely to get overturned. Ever. (I don’t have a citation for this last bit because it was mentioned by the FWS wims on a webinar and I didn’t catch the exact phrase).

Sorry for typing this all out but it’s helping me process all this info which is new to me - what have I got wrong ?!

Shedmistress · 11/06/2025 07:26

Lookuptotheskies · 10/06/2025 23:40

Watching with interest as my uni has declared "Use the toilets you feel most comfortable using." 🙄🤦

Well personally I'm most comfortable using single sex toilets, but apparently a person born male may feel the same way and they've okayed them using the same space as me. 😡 Ridiculous.

If there are men using the single sex toilets then there are no single sex toilets. So this policy fails the Workplace Regs.

sashh · 11/06/2025 05:56

The Workplace Regulations, by contrast, pre-dated the GRA2004. As such, Parliament passed a provision saying that someone's sex was, for all purposes, that stated as their acquired gender in a GRC in full knowledge and view there was statute requiring single sex facilities in workplaces, in full contemplation that some exceptions were needed (e.g. peerages) and yet Parliament chose not to carve out the Workplace Regulations from the GRA2004 provisions.

Sex and gender are not the same thing, I think you know that.

Lookuptotheskies · 10/06/2025 23:40

Watching with interest as my uni has declared "Use the toilets you feel most comfortable using." 🙄🤦

Well personally I'm most comfortable using single sex toilets, but apparently a person born male may feel the same way and they've okayed them using the same space as me. 😡 Ridiculous.