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Feminism: Sex and gender discussions

Waxing developments

82 replies

Ali1cedowntherabbithole · 22/10/2019 17:43

Have their been any? I've just seen this on twitter.

Waxing developments
OP posts:
OneTerrificMouse · 22/10/2019 19:18

She interprets a male body to mean a body with a penis and scrotum

Yeah, me too.

Ali1cedowntherabbithole · 22/10/2019 19:19

Thanks for the judgement link Karabair .
Happy to see sanity prevail. Wax her balls indeed.

OP posts:
MrsSnippyPants · 22/10/2019 19:19

Was just talking to a friend about the reaction from the TRA community. I think it is likely to be silence and hope it goes away. However, I have a bad feeling they might go for distraction in some form.........to prove they are still the most oppressed. Maybe even a physical attack on one of their own to prove how vulnerable they are and this was just one bad apple?
I know it sounds 'foil tin hat' but they have form. I hope I am wrong.

SonicVersusGynaephobia · 22/10/2019 19:21

Karabair thank you for the link to the judgment.

That is very illuminating. The Member was taking a lot more notice of Yaniv's crazy, illogical, and contradictory testimony than I expected.

Whatisthisfuckery · 22/10/2019 19:24

Awaits the predictable narc meltdown.

Karabair · 22/10/2019 19:25

This is awful:

According to Ms DaSilva, whose evidence I accept, Ms Yaniv told her boss that she should not be working with children. Ms Yaniv then reported to Facebook that Ms DaSilva was not using her legal name to run her account and, as a result, Facebook shut down Ms DaSilva's account. Ms DaSilva testified that Ms Yaniv made repeated attempts to contact her through Facebook, texts and at wrok. She became afraid and reported her behaviour to the police. With a police officer present, she phoned Ms Yaniv and the two had a heated conversation. As a result of her negative encounters with Ms Yaniv, Ms DaSilva closed her business.

Stalker

MrsSnippyPants · 22/10/2019 19:26

'tin foil hat' even. Sigh. Oh for a 5 minute edit window......

Matereality · 22/10/2019 19:28

Those poor women. It's good that sanity prevailed in the end, but what a horrible experience JY put them through.

StrangeLookingParasite · 22/10/2019 19:30

Yaniv refused to confirm whether or not Yaniv had a penis and scrotum, The defense counsel asked that Yaniv submit to a medical examination but the judge refused to allow it, calling it "disproportionate' aka getting to the truth of the matter.

Yes, I wondered about this too - wouldn't it have cut to the chase, so to speak, if they'd just done the examination?

FannyCann · 22/10/2019 19:39

"A grocer is not required to service a bicycle"

I feel there's a message in there for a certain world champion cheating cyclist. Grin

Karabair · 22/10/2019 19:42

So many of these women apologised to Yaniv for keeping themselves safe from Yaniv. It's heartbreaking.

Karabair · 22/10/2019 19:53

The judge notes

Ms Yaniv's animus toward certain racial, religious and cultural groups

but compeltely fails to note Yaniv's animus towards women.

I hope these women take Yaniv to a Human Rights Tribunal themselves, based on their sex.

Michelleoftheresistance · 22/10/2019 19:53

The judge refers several times critically to the response Yaniv has elicited from social media and attributes only some of it to Yaniv's own behaviour. But does mention that Yaniv's behaviour has a part to play in it. The most interesting things from my POV:

Mentions that boil down to biological sex being a fact and existing separately from a person's chosen gender, and recognising that there are times and situations in which this sex is of importance and has to be recognised.

Mentions that while it may be distressing to a person when encountering language or responses to their biological sex as opposed to their chosen gender identity, others may perceive them as their biological sex and this is valid.

Recognition of one protected characteristic not being of greater importance than another, and that individual people's personal circumstances are relevant to their responses in some circumstances, when asked to respond to someone's gender identity rather than the biological sex the person recognises them as.

Inebriati · 22/10/2019 20:02

They cant go to a human rights tribunal as they have no protection based on their sex.

Canadian law stats that trans women are women. Women have no legal status or protection under Canadian law; they only 'won' because of their religion, which prohibits them from touching male genitalia.

This mixed up situation is the end result of self ID.

ExhaustedGrinch · 22/10/2019 20:19

www.jccf.ca/wp-content/uploads/2019/10/222_Yaniv_v_Various_Waxing_Salons_No_2_2019_BCHRT_222.pdf?mc_cid=db660e2e1f&mc_eid=825184ea53

[199] Suggests $6000 costs, so that along with the $2000 for the three women mean a total of $12000 that Yaniv has to pay out? Did Yaniv also have to pay their own legal costs in this or was Yaniv self represented?

zebrasdontwearbras · 22/10/2019 20:36

Canadian law stats that trans women are women. Women have no legal status or protection under Canadian law; they only 'won' because of their religion, which prohibits them from touching male genitalia.

Oh fuck - that is not so good.

So without the religious part, Yaniv could have won. A white non-religious woman would have lost.

Michelleoftheresistance · 22/10/2019 20:53

Reading the judgement, there were a few things the judge looked at that are interesting to this debate and it was more than just the religious aspect:

  • Yaniv's inappropriate behaviour was taken as a justified reason in at least one case for the woman saying no, nothing else needed.
  • A clear distinction is made as to whether this was a service provided to others with the same body, and the judge is sympathetic to the reality of this being upsetting to Yaniv but clear that these women did not wax scrotums for anyone, therefore it was not discrimination to say no to Yaniv's scrotum. The refusal wasn't based on Yaniv being transgender while other people with scrotums were welcomed. (And yes, this is a helpful distinction that reality and biology continues to exist and in some circumstances have to be regarded.)
  • The judge makes mention of the women perceiving Yaniv as male bodied while mentioning too that they were respectful of Yaniv's gender. Sex and gender are not seen as the exact same thing in all situations, and the women's circumstances in making that perception are taken into account.

Yaniv's approach has allowed the judge to slide over some potentially very tricky bits, where had it been one or two cases made in good faith the nitty gritty would have really had to be dug down into, which is a shame in a way as the legal precedents are really needed.

Michelleoftheresistance · 22/10/2019 20:54

*will add that the judgement states about cases not being made in good faith and I'm quoting that, not giving a personal opinion HQ.

GlitchStitch · 22/10/2019 20:56

They won because they didn't wax male genitalia and weren't trained to do so. A white non religious woman who only waxed female genitalia would have won too.

zebrasdontwearbras · 22/10/2019 21:03

Oh phew!

Thanks for the clarification.

Inebriati · 22/10/2019 21:09

They could not refuse to allow a trans woman in to their home, and could not refuse to wax their arm or leg.

Karabair · 22/10/2019 21:18

Yes, Yaniv only lost those claims about the leg-waxing because the judge ruled Yaniv was making the complaints in bad faith. A complainant regarded as sincere would be allowed to force their way into a woman's home, with her children around.

The women shut their business down because they could see the writing on the wall.

Jux · 23/10/2019 12:34

I wonder, Inebriati. It may be different in Canada, but in the UK don't w have something called 'the right to treat'? If a seller decides that they don't want to sell a thing to a particular person they are able to refuse the sale - I think the item has to be removed from sale completely at that time but can be put back on sale later. Obviously, can't be quite that simple.

I hope there are laws which cover offering services as a sole trader which protect the person in the event they don't feel safe treating with a potential customer too.

Jux · 23/10/2019 12:39

If I were a sole trader, offering services out of my home or visiting someone's house - suppose fixing computer glitches, or maybe helping with something less personal than waxing - then I would not want JY in my house, or to go to hers, because she is big and scary and unstable and I wouldn't feel safe. I would absolutely refuse to have her in my home or go to hers, and I would feel that it is my right to choose with whom I treat.

Is that legal?

Fandoozle1 · 23/10/2019 13:01

A member of the Farms has just called JY an “unwaxed and offending member” - I really hope the pun at the end was intended.Grin

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