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Feminism: Sex and gender discussions

Legally this is not a "trans right issue" this is a "sex rights issue"

10 replies

stumbledin · 02/07/2020 19:09

The “trans rights debate”, in terms of equality law, isn’t about rights for trans people not to be discriminated against or harassed unlawfully because they are trans. Properly, that right is already contained in Section 7 of the Equality Act 2010, under the protected characteristic of “gender reassignment”, and covers people anywhere along the “transition” route whether they have had surgery, hormones or not, and whether they even progress down that route or not. ...

No, this is, in law, a sex-based rights argument about who comes within the class of men or women in Section 11 of the Equality Act. ...

Blog published on WPUK website womansplaceuk.org/2020/07/02/legally-this-is-not-a-trans-rights-issue-its-a-sex-rights-issue-a-blog-about-boxes-audrey-ludwig/

OP posts:
ScrimpshawTheSecond · 02/07/2020 19:25

Yep.

Ninkanink · 02/07/2020 19:29

Yes.

It’s infuriating that it’s invariably incorrectly framed that way.

GoldenBlue · 02/07/2020 19:36

Excellent blog, very useful and perfect tone

SisterWendyBuckett · 02/07/2020 19:53

Thank you Audrey. It's brilliant to have your expert voice on this.

Ninkanink · 02/07/2020 20:03

Yes, thank you! Flowers

user1471451327 · 02/07/2020 20:59

Really important to get this article and similar into hands of politicians so that there is a counter to the propaganda put out by Stonewall and other lobbyists

coffeeagogo · 03/07/2020 07:39

Thanks for sharing and very helpful

Nappyvalley15 · 03/07/2020 11:38

Excellent blog.
Agree it is frustrating the way in which the whole debate is framed. Perhaps if female TRA allies knew that they were risking their legal right to make sex discrimination claims might have a more nuanced approach.

TyroSaysMeow · 03/07/2020 14:52

Brilliant piece. Got me thinking

These "open to self-identified women" adverts we keep seeing, they're directly discriminating based on sex.

Woman (sex) permitted, man (sex) not permitted, all fine and dandy because sex-based exemptions apply.

GRCs complicated, but again sex-based exemptions specifically allow holders to be ruled out. But what of those without a GRC? They're still legally their birth sex, but with the protected characteristic of gender reassignment.

So if we're talking appropriate comparators, a self-ID tw must be compared to a self-ID tm.

Man (legal sex) with particular protected characteristic permitted; Woman (legal sex) with same protected characteristic not permitted.

Direct discrimination based on sex, yes?

EverardDigby · 03/07/2020 16:12

I thought it was good, I see it because a work colleague liked it on Twitter, which was heartening, though I also thought that some of the things she said weren't talked about, e.g. stats, are talked about here, I wonder if she knows about MN!

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