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

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?

She has been a vocal and passionate advocate for women's rights in the legal system but I fear she is on board with the trams rights slant. Agh, typed trams by accident. The only thing I've found goes back to 2018 - a book review which criticises her stance in regard to prisoners - scroll down to para 9 www.theguardian.com/books/2018/oct/14/eve-was-shamed-how-british-justice-failing-women-review-helena-kennedy

Maybe there is something more recent but am not hopeful.

Well, put it this way, there's plenty of people who will be delighted to find a good reason to oust the SNP. This will be a very good bit of leverage. The SNP have cancelled feminism.

SNP have cancelled women.

Well, that's the SNP lost my vote now.

Mine, too, Lancaster. I'll write to my MSP but doubt it'll make any inroads. What a shower.

Note how we are co-opted here, being compelled by use or misuse of the Equality Act and institutional ignorance or deliberate pressure to call people 'she' whom we don't believe to be 'she', this forced compliance then being invoked as evidence of 'she' as 'she'.

TEXT:
' 3. 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. '

@Abitofalark

Note how we are co-opted here, being compelled by use or misuse of the Equality Act and institutional ignorance or deliberate pressure to call people 'she' whom we don't believe to be 'she', this forced compliance then being invoked as evidence of 'she' as 'she'.

TEXT:
' 3. 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. '

Which nicely circles us back to pronouns are rohypnol.

I've got a question on that bit of text Abitofalark

updating the gender marker to female on official documents such as a driving licence or passport

My current passport asks for sex not gender. So if someone applies for a passport and does not have the legal fiction of a grc and new birth certificate, but put the sex marker as F when they are M, why is that not considered to be fraud? Because IIRC you have to sign to confirm that the information you have supplied is true to the best of your knowledge...

Yes and will the Hate Speech law compel us to use preferred pronouns, which will be themn taken as evidence of 'living as a woman'

Good question about the sex marker on passports. Fraud could be committed under the Scots wording of 'updating' it. Would it be checked and what would be asked for, if anything, to verify it? Passports are UK wide aren't they? I wonder if there is any change being made there to the sex question.

The sex marker on passports and driver's licences can be changed without needing a GRC. The GRC is only needed if you want the sex marker on your birth certificate to be changed. Anyone can change the sex marker on their passport or licence. It's relatively straightforward.

fairplayforwomen.com/grcprocess/

PASSPORT: You can easily get your gender changed on your passport by sending a letter from your doctor or confirming that your change of gender is likely to be permanent. If you want a new name on your passport you can show your deed poll certificate. Guidance is available from the passport office website for transgender people. The application process is the same as for anyone wanting a replacement passport and costs £75.50.

DRIVING LICENCE: You can change your name or gender on your driving licence for free. The application process is the same as for anyone wanting to update their driving licence (e.g. to reflect a change of name after marriage or a change of title to Dr). You don’t need a letter or diagnosis from a doctor this time, just a signed statutory declaration stating your self-identified gender identity or a deed poll certificate showing your name change.

UTILITY BILL: Getting the title or name on a utility bill updated is even easier and always free. The process varies between service providers. Vodafone offers service called ‘Living As Me’ to support an application for a Gender Recognition Certificate. No proof of identity is needed if you want to change your title from Mr to Miss or Mx etc. The name on your bill can be done by showing a copy of your deed poll.

Thanks NonnyMouse

Conflation of sex and gender to muddy the waters as usual

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

Its fucking awful. I don't do any of those things, not even having a feminine name, yet I am a woman. How could not one person man or woman making up this rule not think beyond stereotype and stick up a hand and say errrrmmm you know those cunty type women, they might just have a say in what happens within their spaces, few as they are.

I despair at the people who made it into politics without a single clue how the world is made.

What? No. OK this means I am going to have to decide whether I think scottish Independence is more important than my rights as a woman. Because this is fucking demeaning to every woman. If we can’t do anything to challenge this then I will never vote SNP again. I mean it. Nicola has been a brilliant leader but if she doesn’t sort this out I will never again support the SNP.

Write to all 8 MSPs (1 constituency and 7 list). They will be chasing your vote in May 2021, so they might as well know how you feel about the laws they've already passed:

www.parliament.scot/msps.aspx

The only way to sort this nonsense public boards stuff is for MSPs to repeal (I think - not a lawyer!).

this is fucking demeaning to every woman

Yes.

Looks like FWS are thinking of legal challenge to this. They may need crowdfunder of they do take this to judicial review though. At any rate, those on twitter can raise profile and try to tag in MSPs etc.
twitter.com/ForwomenScot/status/1268967133184172034?s=20

Oh it would be so awesome if they had a viable case to bring forward for a judicial review!!! Fingers and toes crossed!!

Shovels at the ready! Big shovels! Well, maybe that's wishful thinking. But - earnest if actually quite modest shovels!

What the utter fuck???? A legal challenge may be being mounted lot of offers of financial support to do it from people.

Article in the Scotsman today: www.scotsman.com/news/politics/demands-change-definition-who-should-qualify-woman-scots-equality-law-2550073

It's dated 26th April though.

No comments section?

Hm, actually article is from mid April. Apologies.

If FWS are really able to bring a challenge I'll get my shovel out too, and encourage family members to do the same.