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Feminism: Sex and gender discussions

Does this mean that in Scotland a man can become female?

6 replies

Lysistrataknowsherstuff · 14/10/2018 23:36

Apologies if there was a thread about this at the time, I couldn't find one.

I came across a thread on Twitter that details the Gender Respresentation on Public Boards (Scotland) bill - it's from back in March but it passed me by then:

twitter.com/scottish_women/status/976173475793653762?s=21

So it seems that in Scottish law there is now a legal definition of what a woman is: it includes anyone living as a woman and undergoing/proposing to undergo a process for the purpose of being female.

So it's not simply enough to include the legal fiction of changing gender, men can, according to the Scottish government, become female.

How will this affect other laws? My head hurts from trying to work it all out.

OP posts:
BingBongSong · 14/10/2018 23:43

I can't access the FPFW website at the moment, but they have written about this in this article:

fairplayforwomen.com/scottish_stole_woman/

Fairenuff · 14/10/2018 23:44

That definition can't be right.

The definition of a woman is anyone living as a woman?
Confused

SausageOnAFork · 14/10/2018 23:47

I’ve always wondered what ‘living as a woman’ means. For me at the moment it seems to me putting up with a three week long period that shows no signs of stopping. At no time in those 3 weeks have I worn a dress, high heels or lipstick.

MinecraftHolmes · 15/10/2018 00:01

Q: what is a woman?
A: anyone who lives as a woman.
Q: Ok, but there’s that word again - what’s woman?
A: someone who lives as one.
Q: One what?
A: A woman

Ad nausea

Lysistrataknowsherstuff · 15/10/2018 00:13

It's those words "become female" - how much kool aid has the Scottish govt drunk?

OP posts:
LassWiADelicateAir · 15/10/2018 00:47

I think what it means is that if a person currently has a protected characteristic in terms of the 2010 Act that person will be eligible for consideration as part of the female quota for this Act , only if that person meets the criteria of section 7 of the 2010 Act and is not a trans man.

It is a long winded way of excluding trans men.

Section 7 of the 2010 Act says

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.

The guidance notes of the 2018 Act (which are not part of the 2018 Act) say

"Woman" includes a person who has the protected characteristic of gender reassignment (within the meaning of section 7 of the Equality Act 2010) if, and only if, the person is living as a woman and is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of becoming female. This means that it is not necessary for a trans woman to have a Gender Recognition Certificate to be included as a woman for the purposes of the Act, provided they –
â—‹ have the protected characteristic of gender reassignment,
â—‹ are living as a woman, and
â—‹ are proposing to undergo, are undergoing or have undergone a process (or part of a process) for the purpose of becoming female.

A trans man without a Gender Recognition Certificate would not be included as a woman for the purposes of the Act if they—
â—‹ are not living as a woman, or
â—‹ are proposing to undergo, are undergoing or have undergone a process (or part of a process) for the purpose of becoming male.

I do not know what constitutes

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

My interpretation is that is not self ID as such as the criteria of section 7 have to be met, whatever they might be. The definition only applies to this Act.

Like the Scottish Tories I do not support this Act no matter what it said.

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