Scottish Government redefines "woman" in law.

[ItsAllGoingToBeFine]

www.gov.scot/publications/gender-representation-public-boards-scotland-act-2018-statutory-guidance/pages/2/

2.12 Section 2 of the Act provides that for the purposes of the Act, "woman" includes "a person who has the protected characteristic of gender reassignment (within the meaning of section 7 of the Equality Act 2010[2]) 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".

2.13 To be included, a trans woman without a UK Gender Recognition Certificate or without gender recognition from another EU Member State[3] must therefore meet the 3 following criteria:

1. have the characteristic of gender reassignment as defined in the Equality Act 2010.

The definition of gender reassignment in the Equality Act 2010 is – "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". This definition includes those reassigning their sex from male to female as well as those reassigning their sex from female to male. A person who meets this definition is not covered by the definition of "woman" in the Act unless they also meet the following two criteria. The person does not need to have undergone any specific treatment or surgery[4]

1. be proposing to undergo, is undergoing or undergone a process (or part of a process) for the purpose of reassigning their sex to female

This element of the definition means that a person with the protected characteristic of gender reassignment is only covered if they are proposing to undergo, is undergoing or have undergone a process to reassign their sex to female. A person reassigning their sex from female to male would not be included in the definition of woman for the purposes of the Act.

1. be living as a woman

This would not require the person to dress, look or behave in any particular way. However, it would be expected that there would be evidence that the person was continuously living as a woman, such as – always using female pronouns; using a female name on official documents such as a driving licence or passport, or on utility bills or bank accounts; using female titles; updating the gender marker to female on official documents such as a driving licence or passport; describing themselves and being described by others in written or other communication as a woman.

Lordfrontpaw Slightly more than one sentence, but in a nutshell:

Gender Representation on Public Boards (Scotland) Act 2018 aims to have boards comprised of at least 50% women...but

• the definition of women ONLY includes those men who qualify, does not mention those born female
• men qualify if they have documentation (eg. gas bill) in a feminine name, and use female pronouns - but no-one is allowed to ask the candidate about these
• Scotgov only held a public consultation about this definition AFTER the law was passed, then ignored the majority of responses which complained about the definition
• Scotgov may not have the authority to introduce legislation which change the definitions in the reserved Equality Act, it undermines its provisions.

I like that Oh it really clarifies the breadth of the issue
I described it to my husband as “the SNP idiots have now made it law that a committee made of 12 can have 12 penis’ around the table & it’s considered equality” (but more sweary)

Is it cynical of me to think that a lot of politicians won't mind if counting transwomen as women balances out some of those tricky domestic violence and political gender-balance stats mentioned on this thread? I'm new to all of this so sorry if I'm stating something very obvious. I'm horrified at the implications of this.

What an absolute shit show. The amount of contempt I have for these political 'useful idiots' is pretty much a bottomless well.

There must be a way to legally challenge this appalling abuse of power.

@Boeufsurletoit

Is it cynical of me to think that a lot of politicians won't mind if counting transwomen as women balances out some of those tricky domestic violence and political gender-balance stats mentioned on this thread? I'm new to all of this so sorry if I'm stating something very obvious. I'm horrified at the implications of this.

It does make it all very convenient. So many hot potato issues can just be hand waved away with magic words and statistical fuckery. Meanwhile in reality things just get worse for women and nobody can report on it accurately without being sent to a gulag.

So many hot potato issues can just be hand waved away with magic words and statistical fuckery.

Magical words and statistical fuckery is very apt.

It is really really shocking. I feel like crying.

So what can be done? We need Baroness Barry to advise I guess. When I was little I thought Helena Kennedy was rather impressive but I haven't heard anything about her for a long time (to be honest I'm almost afraid to look these days) - would she be someone who might tackle this?

Boeufsurletoit yes, this cartoon used to be a joke now it’s reality

Does this definition of women in Scottish Law only apply to public boards currently?

I realise this is the first step, I imagine, to rolling it out as self-ID in other ways, under Scottish law, I'm just wondering what the thinking was to have it only apply in this law...

and being described by others in written or other communication as a woman.

Thus making it absolutely imperative to insist others accede to your demands about pronouns, including those times when they give evidence under oath. Maria MacLachlan was forced to do so in an English court not a Scottish one but if it hasn't happened already, it's only a matter of time.

In what other area of the law would compelling others to lie in such a material way not be considered either duress or perverting the course of justice?

@OhHolyJesus

Does this definition of women in Scottish Law only apply to public boards currently?

I realise this is the first step, I imagine, to rolling it out as self-ID in other ways, under Scottish law, I'm just wondering what the thinking was to have it only apply in this law...

I guess now that it is in one piece of law, it is easier to insert it into other laws as there is now precedent.

The Equality Act is misquoted (either through ignorance or malice) when it suits - so I am pretty sure this will be the cut and paste text of choice for anyone wanting to manipulate the rules to their own ends.

Jeez ffs.

Why haven’t they defined men. Why is it only women

My fucking country

Sticky state funded pressure groups fingers all ove4 this

Maybe some trans men should take them up on this. Funny its only the 'women' who have been redefined. Dont want more 'men' on the team?

This will backfire. Big time. They think they are achieving their aims by sneaking through legislation unopposed and once in people will just have to accept it as a done deal. Not a chance. You don't make such fundamental changes without a broad consensus. They keep harping on about gay rights and anti racism but these battles were won because of the justice of their cause and the public could see that. All they have done is galvanise a huge number of people against them and they and there shit show will be swept away by it. No way will we ever accept this.

I'm going to ask my sister who still lives there if she is aware. Might she stop rolling her eyes now? Perhaps.

I think many trans men have swallowed the idea that they shouldn't speak out because of their 'male privilege' compared to the 'transmisogyny' experienced by trans women. I can't remember the name of the young American woman who used to identify as a trans man. She described in a YouTube video how these trans support groups that she went to were predominantly a mix of older men who identified as trans women, and lots of young girls / teens who identified as trans men. And these older men would dominate conversations and lecture the young girls on their 'privilege' as a man and how they should let the 'women' speak because they were clearly more oppressed than the trans men. And lots of other questionable and sexualised conversations. Very creepy.

So yes, I can't see any trans men speaking up about this. They are happy to imagine they have left womanhood behind and see themselves as men with the privileges that come with it. (Except they don't really have male privileges. Men know exactly what a woman is when it suits them and don't hesitate to exclude females from their spaces.)

So 'woman' is a female or any male who says so.

Which means basically there's no such thing as a woman.

All hail male supremacism.

How do we "live as women"? Wear dresses and make up? Keep the house clean and tidy? Take 100% responsibility for the care of our children? Have nice, feminine names?
I thought we were beyond gendered stereotypes now.
The reason I'm a woman isn't what I wear or what jobs I've chosen to pursue; it's the fact that I'm biologically a woman. I'm smaller, weaker and slower than 99% of my male counterparts and these biological differences make me more vulnerable to the opposite sex.
These biological differences and vulnerabilities are why we have sex segregated safe spaces. All the lipstick and name changes in the world will never change that.

AllThe even worse. You don’t have to do anything except have a gender marker on documentation and have your friends use female pronouns. But you cannot ask why you should consider them female. So, indeed. You could be fully bearded and never wear dresses or make up and sit on a board in a female’s place. And this is the new equality. It is fucked. Outrageously fucked.

I don't think you can live as a woman, you either are one or you aren't. We agree that blackface isn't living as a black person (and find it very offensive) so why is dressing in a way that mimics a female stereotype and claiming its living as a woman ok?

It is more than just fucked. Nicola Sturgeon has made it even harder for our daughters and nieces to take up these opportunities, those working now and the future. Obviously, she lives in la la land where everything is rosy and well balanced.

It genuinely terrifies me. Surely it will all self-implode in the next five years, when the repercussions become clear?
That's the only thought that eases my anxiety of having a three year old daughter growing up in this mess.

Even if no man ever used this nonsense - it is there in black and white, it exists, some people thought it was a ‘good idea’ and that says it all.