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Feminism: Sex and gender discussions

Equalities office reply to GRA

4 replies

whoputthecatout · 11/01/2018 13:00

I wrote to my MP expressing concerns about the possible changes to the GRA and he forwarded it to Justin Greening, saying he was watching developments closely.

He has just forwarded a reply from the Minister for Equalities but dated before Justin Greening got the heave-ho.

Among the usual waffle i.e "The consultation will only focus on the GRA and the process for gaining legal recognition of one's acquired gender. We will carefully consider the consultation responses before deciding what action to take."

It goes on to say "The Government understands the concerns around retaining single sex provisions in the Equality Act 2010. We have no intention of changing the safeguards that women's single sex services already have in place to protect vulnerable women. The Government does not intend to make any changes to the Equality Act 2010 or to the single sex exemption included in it."

Then more waffle urging me to participate in the consultation.

Am I right in thinking this spectacularly misses the point i.e that by allowing self declaration no woman will be able to challenge a transgender woman's assertion that she is a female when it comes to women's spaces etc. - even though she has had no medical/surgical treatment and, in effect, cannot also challenge non transgender men who misuse the Act? Not to mention all the other concerns about sports etc etc.

Can someone who has looked into this deeper than I have give me their thoughts on that paragraph as I want to follow it up further with my MP, who I suspect is somewhat sympathetic to our views.

OP posts:
Nineteenagain · 11/01/2018 13:15

Am I right in thinking this spectacularly misses the point i.e that by allowing self declaration no woman will be able to challenge a transgender woman's assertion that she is a female when it comes to women's spaces etc. - even though she has had no medical/surgical treatment and, in effect, cannot also challenge non transgender men who misuse the Act
Yes you are right. Most of the replies I have seen do the same, including mine from my own mp. I think that as many of us as we can should get a face to face meeting with said MPs where we can ram the point home, with evidence of ' this never happens'

LangCleg · 11/01/2018 13:19

Well, Maria Miller's Transgender Equality Report included this recommendation:

22. We recommend that the Equality Act be amended so that the occupational requirements provision and / or the single-sex / separate services provision shall not apply in relation to discrimination against a person whose acquired gender has been recognised under the Gender Recognition Act 2004. (Paragraph 132)

This, in conjunction with the proposals for self-ID, is what would eliminate women as a definable class.

So I would write back and get clarification from them that Recommendation 22 from the Transgender Equality Report has been dropped.

Either they've dropped it or they are hoping nobody will notice.

IrkThePurist · 11/01/2018 13:28

I think you're right, theres a massive contradiction. The GRA invalidates the class 'sex'.
A person now has full protection from the moment they decide to change their 'gender', so the GRA is not needed;

The Equality Act
www.legislation.gov.uk/ukpga/2010/15/section/7

7 Gender reassignment
(1)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.
(2)A reference to a transsexual person is a reference to a person who has the protected characteristic of gender reassignment.

Sex is a protected characteristic. And 'sex'means biological sex.

I am now concerned that even if we can persuade the Tories to change their minds on the GRA, Labor is going to ovveride the Equality Act and introduce the GRA if they win the next election.

So we cant quit because we have to win this battle twice.

PencilsInSpace · 11/01/2018 21:25

LangCleg - the government responded to the trans equality report here.

In response to recommendation 22 (recommendation 12 in the response for some reason but identical wording) they said -

We agree with the principle of this recommendation, that those who sought and have completed a gender transition - and who have secured a Gender Recognition Certificate - should be afforded the full legal and social status of their acquired gender.

The Government welcomes the good practice highlighted to the Committee, for example, by providers of services to domestic abuse survivors that include transgender women as far as possible. We will continue to encourage service providers to share good practice within their sectors. To support service providers in treating transgender customers appropriately and lawfully we recently published Providing Services for transgender customers: a guide4. This new guidance, produced in partnership with Gendered Intelligence, sets out guidance and good practice examples to help ensure transgender people are welcomed, included and valued as customers, clients, users or members, and to ensure that they are treated fairly and appropriately. The guide explicitly addresses the sensitive issue of separate and single-sex services, making it explicitly clear that the exception can only be used in exceptional circumstances and where there is no less discriminatory way of providing the service. It also notes that it is very unlikely that any exceptions will apply in ordinary ‘high street’ service provision situations. The Equality Advisory and Support Service, funded by the Government Equalities Office, can provide advice in those cases where service users feel they may nonetheless have suffered discrimination.

In addition, recently published guidance, The recruitment and retention of transgender staff – guidance for employers5, produced in conjunction with Inclusive Employers, states clearly that: “very careful consideration should be given before applying a genuine occupational requirement. Such restrictions are rare and, if wrongly applied, unlawful.” The EHRC provides advice for employers on the use of genuine occupational requirements (GORs) in the relevant section of the Employment Statutory Code of Practice6. We understand the concerns being raised by some transgender people about the provisions. The Government is keen to ensure that that law in this area operates fairly and is not abused, therefore we are keen to receive further representations and evidence on the availability and use of the exceptions in the Equality Act 2010 from all affected parties to take into account for future policy discussions.

So they are keen to hear more from all affected parties about the implementation of the exceptions in the EA.

Technically, the exceptions can be used even where a transwoman has a GRC but increasingly services are not using them at all and are also acting as if self-ID is a done deal.

Because of this there are very few situations where a GRC makes a jot of difference, the notable one being prisons. As such this legislation massively disproportionately affects the most vulnerable women who have no choice to remove themselves from the situation.

It's an easy, virtue-signalling youth-vote-winner which will make fuck all difference to the vast majority of trans people but will screw over women prisoners mostly.

I think the bigger, longer term battle is reforming the EA to strengthen the sex based exceptions and make them more useable, and to reaffirm sex as a protected characteristic more generally (e.g. by making misogyny a hate crime). And ensuring guidance respects this as well. Who decided for example that 'very careful consideration should be given before applying a genuine occupational requirement. Such restrictions are rare ...'? What was that based on?

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