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Feminism: Sex and gender discussions

Scottish Government redefines "woman" in law.

162 replies

ItsAllGoingToBeFine · 05/06/2020 08:28

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.

OP posts:
NonnyMouse1337 · 10/06/2020 20:35

The YouTuber is GNC Ben, I believe. Very sensible, articulate young woman.

That's her name! Thanks, Xpectations. Smile

tawt For Women Scotland are good. You can sign up for their newsletter via their website or follow them on twitter. They had great guidelines for filling in the GRA consultation.
forwomen.scot/

There's also Women and Girls Scotland who were going to run an independent analysis on the consultation responses published by the Scottish Government, which of course hasn't happened yet.
wgscotland.org.uk/

Murray Blackburn Mackenzie have some great analysis.
murrayblackburnmackenzie.org/

I'm guessing you already know about the SNP Women's Pledge?
www.snpwomenspledge.com/

bishopgiggles · 12/06/2020 10:12

Bumping for people looking for info on why JK Rowling is talking about all this now.
I've not really been on these threads much because I'm partly in disbelief and partly too furious.

spottedelk · 14/06/2020 23:48

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Fallingirl · 15/06/2020 00:12

I just followed the link above to forwomen.scot’s twitter, and saw this.

Asda have been sending out materials to schools from an organisation Called diversity role models, that includes a quote “love has no age limit”.

twitter.com/forwomenscot/status/1272279401166757890?s=21

This is beyond insidious.

Scottish Government redefines "woman" in law.
Lordfrontpaw · 15/06/2020 08:09

Well ‘womans right are human rights’ - doesn’t that sound a bit like women aren’t human? Wasn’t there a campaign for apes in captivity along that line?

dkl55 · 15/06/2020 14:23

Im so angry about this too - its all just been highlighted to me with what has been happening on social media and JK Rowling. Noone I know even new that the consultation was taking place. Can we start a new thread in a more visible board toget women in Scotland to write to their MSPs? I feel like with this and the schools issue many women are angry and feel they are being thrown under the bus?!

Ladyjohngray · 22/07/2020 15:35

I've just had a reply from MP:
Gender Representation on Public Boards (Scotland) Act 2018

Thank you for writing to me with regard to the Statutory Guidance now issued for this legislation.

Pauline McNeill, the Scottish Labour Shadow Spokesperson on Equalities, wrote to the Minister for Older People and Equalities Christina McKelvie MSP, to bring these concerns to her attention.

The Minister has now replied, and I attach the correspondence for your information.
(see images)

We should be glad, now they've changed the definition of woman, we're now more represented on boards! Hmm

Scottish Government redefines "woman" in law.
Scottish Government redefines "woman" in law.
Winesalot · 22/07/2020 15:43

We should be glad, now they've changed the definition of woman, we're now more represented on boards! hmm

And I have every confidence that they will be the type of women who have lived experience to offer those roles representing women. Hmm

NonnyMouse1337 · 22/07/2020 16:16

If you have had a reply from one or more of your MSPs, you could ask some follow up questions.

For Women Scotland had the following to say about the response from Christina McKelvie MSP.

mailchi.mp/9e3734aad734/public-boards-and-the-hate-crime-bill

Many thanks to everyone who contacted MSPs to express concerns about the Gender Representation on Public Boards Act and the recent consultation on its statutory guidance. We are still waiting on our reply from the Minister Christina McKelvie, but it seems that she has replied to many of your MSPs with this standard letter.

It may be worth going back to your MSPs with a couple of further questions to ask Ms McKelvie :

  • why were concerns relating to the terms woman and gender disregarded as not being within the scope of the consultation, when question 11 of the consultation specifically asked "Do you have any comments on the terminology section of the guidance? If so, please let us know." ?
  • if the Government strongly supports the single-sex exceptions in the Equality Act, why were they not considered applicable for an Act which was attempting to redress the historical under-representation faced by women?

As ever, we look forward to hearing any replies.

If you've been following us on Twitter you may know that we asked for a legal opinion on the possibility of taking action regarding this Act and its re-definition of 'woman', and we hope that by the end of the week we'll be able to give a full update and outline our next steps.

OhHolyJesus · 22/07/2020 19:22

If you've been following us on Twitter you may know that we asked for a legal opinion on the possibility of taking action regarding this Act and its re-definition of 'woman', and we hope that by the end of the week we'll be able to give a full update and outline our next steps.

I'm not on Twitter Nonny but this is fantastic news! Will be awaiting news of next steps here. Very exciting!

Gibbonsgibbonsgibbons · 22/07/2020 19:38

“You’ll be delight to know that one mixed sex group of people is now more represented than this other mixed sex group of people”

NonnyMouse1337 · 22/07/2020 20:52

I'm not on Twitter Nonny but this is fantastic news! Will be awaiting news of next steps here. Very exciting!

Yes, I'm keeping my fingers and toes crossed. Can't wait to read what happens next!

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