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Feminism: Sex and gender discussions

SNP Government call on services, like rape crisis centres, to 'justify' why they offer single-sex spaces

35 replies

IwantToRetire · 25/07/2025 21:06

The Scottish Government has now published its response to the EHRC consultation where it seems to suggest that services which want to provide a single-sex service, including the likes of Rape Crisis Centres, must "justify" why it wants to do so. Female rape victims were reported to have self-excluded from Edinburgh Rape Crisis Centre because the transwoman Chief Executive refused to guarantee a biologically female support worker.
https://www.scottishdailyexpress.co.uk/news/scottish-news/snp-government-call-services-like-35619364

SNP Government call on services to 'justify' why they offer single-sex spaces

John Swinney and his SNP Ministers have refused to ban biological men from women-only single-sex spaces, and have now demanded the Equality and Human Rights Commission amend its new trans guidance.

https://www.scottishdailyexpress.co.uk/news/scottish-news/snp-government-call-services-like-35619364

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MyAmpleSheep · 31/07/2025 15:09

Grammarnut · 27/07/2025 20:10

tbh I think TRAs can do one. The SC has said single sex is allowed for all purposes where it can be justified. One could justify a single sex walking group or detective book reading club (reasons? single sex walking group = every one can keep up, nothing done that is dangerous for women; single sex detective reading group may bring up issues of VAWG and women's need to constantly check their surroundings - men know b-all about that and would inhibit and possibly derail important therapeutic conversations).

It’s single sex services that need a justification: such as the service isn’t needed by the other sex etc.

single sex associations are always lawful and need no justification. A single sex reading group or walking group can be just because you want one, no other reason is needed.

and that’s nothing to do with the SC: it was written into the Equality Act 2010 by parliament.

GallantKumquat · 27/07/2025 22:42

Grammarnut · 27/07/2025 20:10

tbh I think TRAs can do one. The SC has said single sex is allowed for all purposes where it can be justified. One could justify a single sex walking group or detective book reading club (reasons? single sex walking group = every one can keep up, nothing done that is dangerous for women; single sex detective reading group may bring up issues of VAWG and women's need to constantly check their surroundings - men know b-all about that and would inhibit and possibly derail important therapeutic conversations).

Oh, I agree. It's more about Scottish government trying to look as though they're doing something, and to cause exactly the type of confusion seen on this thread.

Grammarnut · 27/07/2025 20:10

GallantKumquat · 27/07/2025 11:20

That's not what they''re asking though. They're demanding that the fact that single sex services or being offered (instead of both sex services) be justified - which the EA does specify. But of course it should be obvious why its justified for, say, a rap crisis center, and raises the question of why after years, these services are now being required to justify being for women only.

tbh I think TRAs can do one. The SC has said single sex is allowed for all purposes where it can be justified. One could justify a single sex walking group or detective book reading club (reasons? single sex walking group = every one can keep up, nothing done that is dangerous for women; single sex detective reading group may bring up issues of VAWG and women's need to constantly check their surroundings - men know b-all about that and would inhibit and possibly derail important therapeutic conversations).

IwantToRetire · 27/07/2025 19:00

And you can bet if someone said an organisation offering services only to those with or on the pathway to a GRC (protected characteristic gender reassignment) should "justify" doing it, there would be a complete TRA meltdown at the unkindness and erasing of tvalidity that would imply.

Not forgetting of course that most of those squealing about this aren't even covered by gender reassignment as they are part of Stonewall's expanded definition of (cant be bothered to list them) identities.

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Treaclewell · 27/07/2025 16:31

In my house, in England, I have held in trust for the family some rather nice Arts and Crafts furniture bought from auction by my smallholder grandparents, when it was sold to pay the taxes withheld by the owner, Mrs Charlotte Despard, one of whose many interests was "No taxation without representation". (Previously her supporters had bought it back for her, but she refused to have it back after several occasions.)

My grand[arents didn't tell us of all her doings, but I think this issue needs to be flagged up again.

The Scottish government is planning to withhold services from women, for which they have paid, and to which they are entitled. I'm not sure how one deals with PAYE, but council tax, car registration and other payments could be withheld. It helps to be rich, like Mrs D, and to be prepared, as she was, to go to jail, but some theatricals might help. I'm thinking tipping tea into the Forth off Edinburgh - might get some American interest - dressed as indigenous peoples.
NO TAXATION WITHOUT REPRESENTION.
And that includes
NO TAXATION WITHOUT SERVICES.
Woman aren't prepared to fund men's extravagances.

I'm sorry I'm in England and a pensioner, so this is a bit - well, I'm not sure what - colonial? Mrs D. was at least born in Edinburgh. Looking at her life, I'm pretty sure which side she'd be on. I look at her gate-leg table, which Nana taught my mother how to polish with great respect, and I think, what can I do?

MrsOvertonsWindow · 27/07/2025 11:33

As current events show, men insisting on their right to view women undressing feel they're in the ascendent so getting access to women talking about rape and sexual assault is just the next step in gratifying their demands.

It's evident that they still don't realise that society accurately identifies this as men committing voyeurism and indecent exposure.

GallantKumquat · 27/07/2025 11:20

Grammarnut · 27/07/2025 08:18

That is exactly what the SC meant. It is not what TRAs wanted to hear so they are resolutely putting their fingers in their ears and stamping their feet, saying if a service is for women it must justify excluding transwomen. It doesn't have to, it just has to say no men (which includes transwomen). So you can have a Lesbian book club or a women's swimming session if you wish. Or you could have a mixed session or a male only one - those are the only choices.

That's not what they''re asking though. They're demanding that the fact that single sex services or being offered (instead of both sex services) be justified - which the EA does specify. But of course it should be obvious why its justified for, say, a rap crisis center, and raises the question of why after years, these services are now being required to justify being for women only.

Grammarnut · 27/07/2025 08:18

BeltaLodaLife · 26/07/2025 01:50

No. A service provider cannot open the service up to trans woman if they choose to. They have to open it up to all men; those who identify as trans woman and those who don’t. Otherwise they are illegally excluding some men whilst allowing others.

They also cannot admit trans women if they claim to be single sex. It’s not a choice. They’re single sex or they allow everyone.

That was my understanding. And confirmed on here a lot. Has that changed now?

That is exactly what the SC meant. It is not what TRAs wanted to hear so they are resolutely putting their fingers in their ears and stamping their feet, saying if a service is for women it must justify excluding transwomen. It doesn't have to, it just has to say no men (which includes transwomen). So you can have a Lesbian book club or a women's swimming session if you wish. Or you could have a mixed session or a male only one - those are the only choices.

IwantToRetire · 26/07/2025 18:39

Slightly different story based on sme statements by SNP.

Watchdog's gender guidance 'may lead to discrimination', says Scottish Government
https://www.scotsman.com/news/politics/watchdogs-gender-guidance-may-lead-to-discrimination-says-scottish-government-5243146

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PencilsInSpace · 26/07/2025 18:06

The legitimate aim part is important too. Without that nothing can be proportionate because part of the test of proportionality is whether the means meet the aim.

IwantToRetire · 26/07/2025 18:00

PencilsInSpace · 26/07/2025 17:53

The EA says single or separate sex services must be a proportionate means of achieving a legitimate aim. I read 'justified' in this article as a shorthand for that.

Service providers don't have to 'justify' up front - i.e. produce some sort of document outlining the legitimate aim and how their service is proportionate, but they do have to be able to justify it if someone threatens to take them to court.

You might, but we know and have seen (sadly mainly in Scotland) individual women and women's groups being bullied.

We must all be aware by now that what from someone who isn't a full on TRA would seem just a choice of words, with the SNP and others it is to send a message.

Justify as putting the onus on someone as though they are asking for something outrageous.

Proportionate is just saying if asked could you produce facts that support your proposal.

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PencilsInSpace · 26/07/2025 17:53

The EA says single or separate sex services must be a proportionate means of achieving a legitimate aim. I read 'justified' in this article as a shorthand for that.

Service providers don't have to 'justify' up front - i.e. produce some sort of document outlining the legitimate aim and how their service is proportionate, but they do have to be able to justify it if someone threatens to take them to court.

IwantToRetire · 26/07/2025 17:41

Just to back track on when I said please dont lets take the focus of what the SNP are trying to do. Telling women they have to justify themselves.

Any number of groups etc., can organise how they want. But they cant then say that what they are doing is covered by the EA.

(Although can imagine that given the multiple identities that increase each day someone will say I feel excluded because you didn't mention my very own individual identity.)

But what the Supreme Court has done is made it clear what the word woman means. Biology.

So if someone advertises something as women only then it has to be based on sex.

Or it could be sex and one or more of the other protected characteristics. eg an event or service for Black Women.

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IwantToRetire · 26/07/2025 17:32

Its the whole implication in the use of the word "justify".

The EA talks about proportionate.

And you would have thought, even dated to hope, that 50+ years since the first refuges and RCC were set up and accepted as women only, most people would accept and not presume to challenge a provider saying their service was women only (ie sex based).

And the EA uses the example of RCC as being the obvious example of why single sex services are needed. (maybe the TRAs will try and get that example deleted from the act!)

Its like saying schools shouldn't have classes based on age or some such. Whilst there will always be exceptions, there is a basic logic to these sort of decisions.

The only people questioning it, and feeling confident they can, is because they are TRAs. On one level they probably dont care.

But this is about creating the ongoing campaign that biological women are mean and angry, and TW are as always the victims of biological women.

Because their goal it to try and make women accept them as though TWAW.

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GenderRealistBloke · 26/07/2025 15:11

MrsTerryPratchett · 26/07/2025 15:01

If they can easily meet it, and it’s obvious it’s the case, why should they have to?

The process is the punishment. That’s why. Put an unreasonable burden on already stretched services for women. That’ll learn them.

If they apply it as a punishment, then yes I agree. But remember where we are coming from: where stating these (seemingly) obvious things was career-ending heresy.

And legally speaking there does need to be a justification. Documenting it seems fair, even helpful.

MrsTerryPratchett · 26/07/2025 15:01

GenderRealistBloke · 26/07/2025 10:40

This seems like a good thing. It moves the issue into the domain of logic and law.

And ‘justifying’ is in line with how EA2010 works. Plus, on principle, discrimination on the basis of PCs probably should be justified. It’s a sensible balancing test, and one that rape crisis centres, toilets, etc should easily meet especially as they are explicitly named either in the act examples or in EHRC interim statutory guidance.

Of course scotgov might apply this in an ideological way, but they’re already behaving like that. If you’re an optimist, you might even hope this is them preparing the ground to say no to the trans lobby. To present a policy reversal as the minimum they could get away with in the face of the horrid UK SC which regretfully they must comply with.

If they can easily meet it, and it’s obvious it’s the case, why should they have to?

The process is the punishment. That’s why. Put an unreasonable burden on already stretched services for women. That’ll learn them.

RedToothBrush · 26/07/2025 11:17

GallantKumquat · 26/07/2025 10:42

This is the latest TRA gambit. Since since it's now not possible to permit transwomen into single sex spaces and services for women, the goal is to eliminate as many of those as possible, making them unisex.

That was always the goal because transactivism is a mens right movement and its inherently sexist with many of its followers actively full on incel.

theilltemperedmaggotintheheartofthelaw · 26/07/2025 11:01

GallantKumquat · 26/07/2025 10:42

This is the latest TRA gambit. Since since it's now not possible to permit transwomen into single sex spaces and services for women, the goal is to eliminate as many of those as possible, making them unisex.

They will end up providing funding only for men's services, mixed-sex services, and trans services (all fine and worthy) but deliberately withholding it from women's services.

Quite apart from being discrimination, it will reveal the underlying motive rather starkly. Woman-hatred.

GallantKumquat · 26/07/2025 10:42

1apenny2apenny · 26/07/2025 08:09

Isn’t the key around this that it’s single SEX not gender. A gender reassignment certificate means they have changed their gender however is gender anything in law as regards single sex?

Surely organisations can simply say under the clarification they are providing a single sex space. End of. Let others take this to court, for too long women have been the ones having to justify and prove and pay to go through the courts. How about trans groups set up their own groups!

This is the latest TRA gambit. Since since it's now not possible to permit transwomen into single sex spaces and services for women, the goal is to eliminate as many of those as possible, making them unisex.

GenderRealistBloke · 26/07/2025 10:40

This seems like a good thing. It moves the issue into the domain of logic and law.

And ‘justifying’ is in line with how EA2010 works. Plus, on principle, discrimination on the basis of PCs probably should be justified. It’s a sensible balancing test, and one that rape crisis centres, toilets, etc should easily meet especially as they are explicitly named either in the act examples or in EHRC interim statutory guidance.

Of course scotgov might apply this in an ideological way, but they’re already behaving like that. If you’re an optimist, you might even hope this is them preparing the ground to say no to the trans lobby. To present a policy reversal as the minimum they could get away with in the face of the horrid UK SC which regretfully they must comply with.

RedToothBrush · 26/07/2025 09:21

Women have to justify their desire for single sex services whilst the data on which sex commits the vast majority of violent crime (never mind sexually motivated crime where we also know which sex is overwhelming likely to be the victim) is well known, not exactly difficult to find.

Men only have to declare their 'new sex' and they are to be believed without question or justification. Questioning motivation is often regarded as 'hate'.

Hmmm.

It's almost as if women are seen as lesser and this is all driven by monumental levels of sexism.

But na, can't be. It's the progressive Scottish Government who are well known for being feminist and promoting women's rights and achievements. Especially the male women.

theilltemperedmaggotintheheartofthelaw · 26/07/2025 08:16

The law is already settled. Any service of the type covered by Schedule 3 must be either single-sex, or mixed sex with no restrictions on which men can use the service. And, yes, the former has to be 'justified'.

We could read this as a threat to withhold funding from providers who don't cater for trans clients, but most providers do (why wouldn't they?).

The one thing they can't do is force them to include transwomen in women's services. And if they want to kick off publicly about single-sex services generally, then let them. They'll look ridiculous.

1apenny2apenny · 26/07/2025 08:09

Isn’t the key around this that it’s single SEX not gender. A gender reassignment certificate means they have changed their gender however is gender anything in law as regards single sex?

Surely organisations can simply say under the clarification they are providing a single sex space. End of. Let others take this to court, for too long women have been the ones having to justify and prove and pay to go through the courts. How about trans groups set up their own groups!

TheywontletmehavethenameIwant · 26/07/2025 07:47

Another rule put on women, or those that want to provide a service for us. If an organisation put's it in writing why they want to provide a female only service, it could leave them open to lawfare from the AIB's, because like BU they're claiming that men who identify as women are also female.