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Feminism: Sex and gender discussions

WPUK and the attack on the Equality Act exemptions

62 replies

PeakPants · 26/06/2018 10:10

Not sure if everyone has seen this- it's from WPUK's twitter account. As you know, there has been some significant progress in that the government has now officially confirmed that they will not be amending the exemptions to the EA that allow same sex spaces. However, there has been the usual patronising rubbish about how feminists got it the wrong way round and that amending the EA was never on the table (both on here and on twitter). This is a great summary from WPUK showing that it most definitely WAS on the table and that the campaigning has had a real impact.

My view is that the EA must be reformed to place a duty, not an option on service providers to provide same sex spaces where proportionate and necessary for safety, privacy and dignity. But this is a good start to that.

womansplaceuk.org/references-to-removal-of-single-sex-exemptions/

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enoughisenoughtoday · 26/06/2018 10:15

Excellent bit of research! Needs posting every time a gaslighter tells us that there were no such proposals!

HowWasLastnight · 26/06/2018 10:16

Will this thread also get derailed with comments about females biology from TRA, to distract from the evidence in the link?

Elletorro · 26/06/2018 10:16

I’d add:

  1. Fine for failure to undertake equality impact assessment and extend duty to businesses of over 200 employees.
  1. Tribunal system to challenge exemptions if not applied/ unfairly applied
  1. Amendment to GRA: where individual changes legal sex explicit statement that natal sex is the relevant characteristic (over-riding preferred gender)in relation to the sex exemptions in the Equality Act.
  1. Scrap case by case EHRC guidance and bring guidance in line with objective justification for indirect discrimination
MsBeaujangles · 26/06/2018 10:18

A clear, consistent, well considered approach will win the day.
The ‘gaming’, avoiding, deflecting, projecting and u-turning ways will create drama and, on occasion, derail. But, if we keep on with our straight forward, no nonsense approach we will get there eventually!

enoughisenoughtoday · 26/06/2018 10:19

Probably How! But if we ignore the tantrums and gaslighting and just keep on telling everyone real facts we'll continue making progress.

Serfisafleur · 26/06/2018 10:19

People need to be aware that the data empties aerial under attack because there's a LOT of denial about this.

I think they are/were hoping to erode the exemptions without anyone noticing.

This is a good post.

R0wantrees · 26/06/2018 10:19

See also James Kirkup's commentary (link includes evidence):

Some facts about the events that preceded the Government statement here that the coming consultation on the Gender Recognition Act will be narrowly drawn and not affect the Equality Act’s single sex exemptions.

I offer these facts because some are claiming “there was never any question of removing/amending EA exceptions.” Those claims are either mistaken or dishonest.
August 2015
Stonewall submission to the Women & Equalities Select Committee says MPs should amend the EA to
“remove exemptions, such as access to single-sex spaces”

Jan 2016
Women & Equalities Committee says EA should be amended so that

“occupational requirements provision and / or the single-sex / separate services provision shall not apply”.

July 2016
Govt response to W&E Committee says: “we agree with the principle of this recommendation” on EA exemptions and seeks evidence for “future policy discussions”

July 2017
Govt promises GRA reform “ as part of a broad consultation of the legal system that underpins gender transition.”

July 2017
Stonewall commits to “advocate for the removal” of EA provisions allowing sex-based discrimination.

June 2018
Govt says:

“We are clear that we have no intention of amending the Equality Act 2010, the legislation that allows for single sex spaces.”

In sum: MPs and others told govt to amend/remove Equality Act single-sex exemptions. Govt considered doing so. Then govt ruled it out. / ends

threadreaderapp.com/thread/1004635839480164352.html

Serfisafleur · 26/06/2018 10:22

What?
That was meant to read

*people need to be aware that the exemptions (in the equality act) are under attack

Popchyk · 26/06/2018 10:24

Ha.

Quoting both the government and Stonewall's own words. They'll both insist that it is oldspeak and it never happened.

I give it 10 minutes before someone pitches up here and insists that the passages quoted are fake.

Serfisafleur · 26/06/2018 10:26

Seeing it all laid out in R0wan's post like that, it's so clear how transgender rights means the removal of women's rights, and that's exactly what they're aiming for.

PeakPants · 26/06/2018 10:26

Yup. Reading this I realised that there was even more danger of the EA exemptions being scrapped than I had even realised. The government would definitely have gone ahead and done this had women not protested. It’s chilling really that we could have ended up with no way of even rape crisis centres or refuges being able to provide single sex provision.

But the fact that Women’s Aid are now considering removing single sex provision shows that it is imperative that these exemptions are made mandatory, not voluntary.

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Picassospaintbrush · 26/06/2018 10:30

I posted this on another thread yesterday as background.

There has been a neutralising of intentions somewhat, from what was gathered in this initial inquiry.

publications.parliament.uk/pa/cm201516/cmselect/cmwomeq/390/390.pdf
House of Commons Women and Equalities Committee
Transgender Equality
First Report of Session 2015–16

This has probably been posted before but there were lots of recommendations to remove EA2010 exemptions, all documented here and all recommended by trans people, and in parallel with the GRA update.

The report also recommended changing the EA2010 to say Gender Identity thereby including cross dressing and gender fluid people

Mermaids was the source of this section:
106. Another issue raised with us was the current inability of the EHRC to pursue a complaint by a person aged under 18 without their parents’ consent (see Chapter Six).112
107. The inclusion of “gender reassignment” as a protected characteristic in the Equality Act 2010 was a huge step forward and has clearly improved the position of trans people. However, it is clear to us that the use of the terms “gender reassignment” and “transsexual” in the Act is outdated and misleading; and may not cover wider members of the trans community.
108. The protected characteristic in respect of trans people under the Equality Act should be amended to that of “gender identity”. This would improve the law by bringing the
language in the Act up to date, making it compliant with Council of Europe Resolution 2048; and make it significantly clearer that protection is afforded to anyone who might experience discrimination because of their gender identity.
109. The protections afforded by the Equality Act 2010 are intended to be available to all, including children and adolescents. The Equality and Human Rights Commission must be able to investigate complaints of discrimination raised by children and adolescents
without the requirement to have their parents’ consent

In response to this Maria Miller went ahead to try to change the EA2010 and introduced a private member’s bill in the last parliament with the aim of pushing through the recommendation to change the protected characteristic to Gender Identity despite lack of formal government support. It never got past the first reading because Theresa May called a snap election for June 2017.

hansard.parliament.uk/Commons/2016-12-01/debates/38CFE29B-D261-45DF-9C31-0546E3CBC3B8/PointsOfOrder

So all this BS about there being nothing to see is BS. They seem to be pretending none of this was captured by the inquiry and changes to the EA2010 were not the sole purpose of Maria Millers Private Member's Bill.

It seems from the meeting last week in Portcullis House a few of us attended on the EA, that changes are not going to happen quickly now.

beenandgoneandbackagain · 26/06/2018 10:31

I give it 10 minutes before someone pitches up here and insists that the passages quoted are fake.

The TRAs will claim it was actually started by a right wing extremist on 4Chan. *

*see also "drop the B" and "cotton ceiling" also both very real but claimed by some to have been started on 4chan to discredit transpeople.

Wanderabout · 26/06/2018 10:34

What worries me is what else are lobby groups trying to slip through without scrutiny that will negatively impact women's rights?

Agree with all Elle 's points

Also any new suggestions that may impact women's rights need proper scrutiny. If the government is paying lobby groups and special interest groups to work against women's rights, it needs to give the same resources and access to women's groups.

The position of Minister for Women cannot simultaneously represent women's interests and TRA interests. They are directly opposed, it is a clear conflict of interests.

Similarly proper scrutiny is needed for policy impacting medical issues particularly around children. And related to this any educational materials, guidance or policy in schools.

R0wantrees · 26/06/2018 10:36

Relevant article (publ. yesterday):

'Schools 'forget' girls in rush to adopt pro-trans guidance campaigners claim as Christian group threatens legal action'

THE rights of Scottish schoolgirls are being undermined by rules allowing pupils to adopt a different gender and share changing rooms, it has been claimed, as it emerged schools are unprepared for the controversial overhaul.

A series of Freedom of Information (FoI) requests have revealed that councils have widely backed guidelines produced by organisations campaigning for the rights of transgender people but have not considered how the new approach will affect children – particularly girls.

The new guidelines tell teachers that if a transgender pupil wishes to share a changing room with "other young people who share their gender identity," they should be allowed to do so.

"There is no reason for parents or carers of the other pupils to be informed," it adds.

The guidelines say young people should be able to compete in the sports events for the gender they identify with, and says if other pupils are uncomfortable using changing rooms or toilets with transgender pupils, they should use other facilities or wait until the transgender pupil is done.

However none of the councils involved, nor the children’s commissioner, nor Education Scotland have carried out an equality impact assessment to ensure the rights and wellbeing of other pupils are unaffected. This means the impact on other students has not been taken into account.

The data comes as a Christian charity is due to launch a legal challenge over the new guidelines.

Lodged by feminist campaigner and mother of two Jess Stewart, the FoI results suggest councils are failing to consider the ramifications of the move.

Ms Stewart said she recognises the need to support transgender children.

“They are obviously wanting to do the right thing which is great. But they’ve done it without considering girls,” she said.

“Girls are absolutely negatively affected by this. It is important to raise awareness of transgender children but putting a transgender girl in a changing room with 30 other girls isn’t proportionate.

“They should at least have looked at the possible fall out from putting a male-bodied person in changing rooms which are being used by 14, 15 and 16 year old girls.”

Among the councils which have endorsed the guidance produced by LGBT Youth and the Scottish Trans Alliance, Glasgow, West Lothian, Clackmannanshire and South Lanarkshire said they were unable to publish an assessment of the likely impact on other pupils as they had not carried one out. Edinburgh City Council failed to respond. The office of the Scottish Children's Commissioner, Education Scotland and the Scottish Government have all also backed the LGBT Youth guide.

Scotland's Children's commissioner said: "We did not undertake and therefore do not hold" any research looking at how other pupils might be affected by the guidance. " (continues)

www.heraldscotland.com/news/16311379.schools-forget-girls-in-rush-to-adopt-pro-trans-guidance-campaigners-claim-as-christian-group-threatens-legal-action/

PeakPants · 26/06/2018 10:36

Thanks picasso. Just shows that there is no interest in balance and compromise from the other side. They believe they can only have true equality if they completely remove any right whatsoever to female sex segregation. It needs to be hammered home that this is not us saying that trans people will attack us but more about our right to privacy and dignity. If trans people have a right to privacy and dignity in not wanting to get changed with members of their birth sex (because let’s face it, at school it’s not about risk of attack, is it) then they cannot at the same time deny that women also have a right to privacy and dignity.

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R0wantrees · 26/06/2018 10:37

From the article above:

"In the rush to be trans inclusive, has every single adult who approved this guidance booklet completely forgotten about the needs of girls? Do our girls mean so little nowadays to not even deserve the right of privacy?

"On one hand the media is reporting about the sharp increase of sexual harassment and assaults of girls within schools and on the other we are telling our girls they no longer have the right to set their own boundaries of who can be within their private spaces when vulnerable."

PeakPants · 26/06/2018 10:38

Yes I saw that article R0wantrees. Makes the point very well that the balance has really not been considered at all. Women have a right not to share certain spaces with male bodies and this right has nothing to do with prejudice.

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PeakPants · 26/06/2018 10:39

Yes that section is particularly poignant.

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stillathing · 26/06/2018 10:51

so what to do about women's aid and other similar charities which are already operating on a single gender basis when they should be operating on a single sex basis?

R0wantrees · 26/06/2018 11:00

The pressures on Women's Aid and similar services should not be underestimated.

They have had a sustained slashing of financial support.

(Statement on WPUK)
"I’m writing as a feminist who has devoted over two decades of my life to ending violence against women (VAW). I’ve worked in frontline services in both domestic abuse and sexual violence services across the country and now I head up a VAW sector charity.

I love my job, I am so lucky. It often surprises people when I say this, as they expect this type of work to be depressing, but that’s not how I look at services like ours at all.

The VAW sector supports women as they try to move away from abusive and violent perpetrators, working with survivors to break the silence that abusive perpetrators impose on them. There is nothing to compare to the moments when these women get their voices back and break free – and that’s why I love my job.

Unfortunately, in recent months the changes to the Gender Recognition Act 2004 and the incredibly toxic debate around the issue of ‘gender self ID’ has left many more women under a heavy veil of silence, particularly for those of us who work in the VAW sector. The dark, uncomfortable irony of this silence is not lost on me, nor is it lost on the many women in the sector I have recently spoken to about this issue.

As someone who has worked with many survivors of violence over the last two decades, I am terrified – both professionally and personally – about the impact of self ID on ensuring safe spaces are available to women who have experienced and are escaping male violence. Even without the legal changes to the GRA, gender inclusive policies are already happening in many areas, these changes are ahead of the law and already upon us. Moreover they do not appear to be slowing down.

Organisations in the VAW sector can use the Equality Act 2010 for the protection of female-only spaces and I absolutely think we should. I’ve worked with so many female survivors of violence who have been left terrified of men, and who relied on female-only support to heal from the trauma they experienced. The sex-based nature of the crimes they’ve experienced necessitates this being women who share their histories, experiences, vulnerabilities and, yes, biologies. So it is right that VAW-service providers have a strong case to make for protections that enable them to employ and provide access to women on the basis of their sex.

However, to say this right now and to explain why self-ID is feared to be problematic for VAW services opens us up to attack and our ability to continue delivering services that we know change – and even save – female lives.

Over the course of many years, I’ve watched the public realm become increasingly toxic with accusations of transphobia, ‘literal violence’ and ‘questioning the right of trans people to exist’ as females – some, but not all of them feminists – asked questions about the potential impact of self-ID on VAW services and, more broadly, on female-only spaces. I’ve watched as trans activists and their supporters target funders, employers, meeting venues, and political parties in response to people asking for a broader public dialogue on the issue.

It’s been heart wrenching to watch feminist activists who have spent their professional careers fighting male violence being silenced by a rhetoric that insists we are the abusive ones, labelling us as TERFs (Trans Exclusionary Radical Feminists).

Canada, where self-ID is already law, provides some interesting examples of this ‘debate’ (or lack of it), and shows that in some cases, trans activists and their supporters will stop at nothing to try to shut down female voices. The case of Nixon v Vancouver Rape Relief (VRR) was a legal action case involving a trans woman whose application to volunteer to work with rape victims was refused by a rape crisis service. The case was settled in favour of VRR’s legal right to use sex-based exemptions to exclude transwomen from working with their female clients in 2007.

However, VRR have been relentlessly targeted as transphobic for exercising both their legal right and professional judgement that female victims of sexual violence have the right to access female-only services. In 2013, a day of remembrance for the 14 women murdered in the 1989 L’Ecole Polytechnique Massacre was targeted by a trans activists protest. In 2018 and the trolling continues, a local sweet shop and its female owner were targeted and the owner doxed by trans activists after putting up a poster supporting a VRR fundraiser.

The threat to organisations who take on a stand on protecting female-only service provision is very real. Securing year on year funding for VAW services in the current climate is hard enough and I don’t want to risk our services. However, to say nothing is to be complicit in the silencing of debate and discussion on the implications of self-ID for VAW services.

This is why I recently attended a Woman’s Place UK meeting, where I made a plea to the women and men there to understand the growing fear in the VAW sector of speaking up on this issue. Even in a room sympathetic to my concerns, I felt a deep sense of fear as I shared my concerns, which I feel is a strong testament to the threatening environment facing women who dare to even ask questions about self-ID. I am delighted to say there was strong support in the room and a pledge that those who can do so without fear of consequence will speak up on the behalf of VAW services .... continues

womansplaceuk.org/the-silencing-of-feminists-silences-survivors/

PeakPants · 26/06/2018 11:09

Shocking. The DV sector is already hugely underfunded. This is why this should not be something service providers can choose because then they will be subject to pressure and bullying. The government should also owe a duty to trans people to provide services to them, but separately from women and it should be for the state to fund and establish these.

Oh and I am very sorry but there is no way on earth I can ever buy that trans women are of greater risk of DV in intimate relationships than natal women. No matter what 'studies' are waved in my face to prove otherwise. The men who beat and abuse women simply do not have relationships with trans women, end of. I believe trans women face prejudice but on the issue of DV, I am unwilling to budge. The priority must be to natal women who are DV victims and 98% of the time this will be in the context of a heterosexual relationship.

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Pratchet · 26/06/2018 11:09

I absolutely support this Peak. You are spot on. I have not previously agreed with you about the Equality Act but I think you have highlighted something very important here.

PeakPants · 26/06/2018 11:10

Thanks, Pratchet Smile

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SarahAr · 26/06/2018 11:23

Yes, Stonewall called for a change to the exceptions. And yes Maria Miller's committee called for a change to the exceptions.

But Stonewall and Maria Miller's committee are not the government. Select committees are cross party committees.

The government responded to the Miller report and rejected the proposal to change the exceptions. The government then announced a proposal to reform the GRA - www.gov.uk/government/news/new-action-to-promote-lgbt-equality
There was nothing in this proposal to change the Equality Act exceptions.

So

  1. Government policy has not changed.
  2. Women's Place have achieved nothing but stirring up transphobia.
  3. The horrific transphobic in the far right wing press (Daily Mail, Times) has been completely unnecessary.