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Feminism: Sex and gender discussions

Campaign in Scotland

161 replies

Cismyfatarse · 09/11/2021 21:21

Please, if you live in Scotland, get the message to your MSPs.

forwomenscotland.eaction.org.uk/MSP

Follow the link and it is all very easy. If you can share far and wide, that would be great.

OP posts:
ArabellaScott · 12/11/2021 18:13

This is an Australian climate organisation, but I think the points are probably just as true here.

Writing to MPs
Why write?

The word from insiders in MPs’ offices is that letters and emails are taken very seriously – and counted! For everyone who takes the time to raise an issue with them, they know there are many more people who feel the same way. If they receive lots of correspondence on a particular issue, it will be discussed in policy meetings and can have an effect on decision-making.

MPs are supposed to respond to all communications from their constituents, but they are much more likely to sit up and take notice of a personal email or letter as it shows their constituent cares enough to take the time. And it doesn’t matter if it’s an email or handwritten letter - they all count.

You don’t have to be an expert. Keep it short (a page or less) and personal. Write what you feel. Explain why the issue matters to you and what you want your MP to do about it.
How to do it:

General tips (based on feedback from MPs and staffers)

Put your letter in the main email window - don’t send it as an attachment!
Keep it short - one issue per letter is good
Include an “ask” - a request of what you want the MP to do (see this article)
Don’t agonise over the wording:
    The word from politicians and staffers is quality is important but it's quantity that really counts
    Your MP probably won’t read your email/letter themself - it will be a staff member in their office who will scan it, count the number of letters they receive on particular issues, and present a summary of correspondence to the MP
    The more correspondence they get on climate issues, the more seriously they will take them
littlbrowndog · 12/11/2021 18:58

Lorna slater told us in Scotland to carry knives and forks in our bags so we wouldn’t get plastic knives and forks for our kebabs after a night out

Like that went down like a lead balloon.

2319inprogress · 12/11/2021 19:01

@littlbrowndog

Lorna slater told us in Scotland to carry knives and forks in our bags so we wouldn’t get plastic knives and forks for our kebabs after a night out

Like that went down like a lead balloon.

Ha! I never heard that one - how does that fit with the fixed blade law?! Sorry officer I was just going for a kebab Grin
Fukuraptor · 15/11/2021 18:10

Is there a deadline in this response being relevant? I'd like to write my own response but I dont want to reference a future vite if it has already taken place

Thanks

ArabellaScott · 15/11/2021 18:29

@littlbrowndog

Lorna slater told us in Scotland to carry knives and forks in our bags so we wouldn’t get plastic knives and forks for our kebabs after a night out

Like that went down like a lead balloon.

FFS. Has she never eaten a kebab? You go in facefirst, as any fule kno
ArabellaScott · 15/11/2021 18:30

Hope she remembered fish knives for a fish supper.

Rhannion · 18/11/2021 11:08

@ArabellaScott

Hope she remembered fish knives for a fish supper.
😂
littlbrowndog · 18/11/2021 11:12

From labour daniel Johnston

Thank you for getting in touch to share your concerns around the planned Gender Recognition Legislation. Let me start by saying that I think it is vital that we ensure that a calm and clear discussion on these matters is able to take place. Recently there has been an atmosphere of tension and hostility around the conversation on Trans rights, and this is concerning.

This is not a clear cut issue for me. I believe in equality for all, and fairness for Trans and non-binary people. I also hold concerns around the rights of women, and believe that medicalised approaches to many issues – such as a distinction between sex and gender and safe spaces for women – are important. As a dad of two daughters I take this issue very seriously, and it is important to me to listen to the concerns of all my constituents on both sides of this discussion.

Ultimately I stand by the stance Scottish Labour took on this in our manifesto, which stated: “We will ensure that Scotland's transgender communities gain new rights. A Scottish Labour Government will change the law to provide legal recognition for people who do not identify as men or women and remove the psychiatric diagnosis requirement from legal gender recognition process. Scotland's young people who wish to seek legal recognition of the gender they live would be entitled to do so from the age of 16 under Scottish Labour."

I will continue to seek opportunities to discuss this further with colleagues and will work to ensure that these issues are properly considered as the debate makes its way through Parliament.

Kind regards

littlbrowndog · 18/11/2021 11:14

Lorna slater

Good afternoon,

Thank you for writing to me about your concerns.

Myself, and the Scottish Green Party, wholeheartedly support the rights of trans people including that of self-identification. Trans rights and women’s rights are not in conflict, as all humans have the same human rights. The human rights of minority groups should not be open to debate and interpretation, they should be accepted.

The Scottish Greens stand firmly for inclusive, intersectional feminism which recognises the intersectional nature of power which creates additional barriers for women facing multiple discriminations. You can read more about this here: greens.scot/womens-pledge.

In the recent cooperation agreement between the Scottish Greens and the Scottish Government we agreed to reform the Gender Recognition act to establish a more straightforward system for obtaining legal gender recognition for trans people. I believe that trans people should not have to go through a degrading, traumatic and intrusive process to be legally recognised in their gender.

I hope that you agree that we must do more to improve the lives of the trans community who have been the target of a hate campaign for the past few years.

Regards,

littlbrowndog · 18/11/2021 11:15

Neither replied to me about SG not using the word women in their latest campaign on cervical cancer and why the word women was not used which I asked

Tobogganist · 18/11/2021 11:48

These responses are maddening.

Mochudubh · 18/11/2021 18:35

@littlbrowndog

Got this below. Nowt from slater so far just an automatic

Thank you for contacting me. This is an automated response to let you know that your email has been received.

There is a strict Parliamentary protocol which states that an MSP may only deal with enquiries and cases on behalf of their own constituents. Please ensure that included in your e-mail is your name, full postal address, including postcode. We require this information in order to deal with your email.

Please note that I am receiving an unprecedented volume of correspondence presently. My office and I will aim to respond to you as soon as possible. Thank you in advance for your patience and please bear with us.

Please stay safe and follow the Government’s guidance.

Best wishes
Foysol Choudhury MSP
Member of the Scottish Parliament for Lothian Region (Labour)

Got the same verbatim from Mercedes Vilalba (Labour MSP).
Mochudubh · 18/11/2021 18:45

Just got this from the tories, can I hold my nose enough to vote for them?

Thank you for contacting me about the proposed reforms to the Gender Recognition Act.

The recent consultation by the SNP-Green Government on this legislation showed that four in ten organisations did not support the proposed reforms, which include reducing the time it takes for people to legally change their gender from two years to three months, and allowing people aged just 16 and over to apply to change their gender, as you correctly state.

We must protect women’s rights and I take concerns that those rights are being eroded very seriously. For now, we await the details of this legislation and stand ready to scrutinise each aspect of it. But, from my personal perspective, I am against the damaging of the hard fought rights for women in our society. We cannot prioritise rights, holding one person’s rights above the rights of others, and I am sure that there is a way through this and that we can find a solution that respects the rights of all. Women have fought for many generations for equality, it was a hard fought battle and it should not be lost now.

The Scottish Conservatives will not stand by and allow the SNP-Green Government to push this legislation through Parliament without all parties’ concerns receiving due consideration

Thank you once again for taking the time to contact me on this issue.

Kind regards,

Douglas

Douglas Lumsden MSP

North East Scotland Region

Tobogganist · 18/11/2021 19:12

Got this from SNP MSP

Thank you for contacting me about this important issue. This is a complex and difficult topic, and I will try to respond to the individual concerns you have raised.

The Scottish Government has consulted twice, firstly on the principles of reform and again on the draft Gender Recognition Bill to alleviate concerns about the original proposals. This consultation was published at the end of 2019, alongside the draft bill. Work on the draft Bill was paused last year in light of the on-going impact of COVID-19. It is important to stress that the draft Bill did not make any changes to the Equality Act 2010.

Regarding some of the specific scenarios you mention, The Scottish Government strongly supports the single sex exceptions in the 2010 Equality Act which allow for trans people to be excluded “when this is a proportionate means of achieving a legitimate aim”. This means that single sex services, like domestic abuse refuges or rape counselling, are protected, as are single sex employment rights in relation to such services and the delivery of health care services, such as intimate examinations. This an issue where patient’s’ rights and wishes should take priority.

The Scottish Prison Service takes decisions about where to house transgender prisoners based on comprehensive individualised risk-assessment. The priority is always the safety of all prisoners. A trans woman can lawfully be held in a men’s prison estate if necessary for safety and vice versa. This will not change.

As you will be aware, at age 16 in Scotland young people can already marry, work, leave home, vote in Scottish elections, consent to medical treatment, and officially change their own name amongst other things. The proposal in the draft Bill to lower the age at which an individual can apply to legally change their gender from 18 to 16 brings the legislation into line with the Age of Legal Capacity (Scotland) Act 1991.

All of that said, I do understand and share the concerns which a number of people have expressed to me about the need to ensure that young people are not put in any position of taking life-changing decisions when they are not fully able to do so on an informed basis. I realise that teachers face a difficult task in navigating through these sensitive issues. So I am glad that the changes in this draft Bill would not apply to people under 16, and I will continue personally to work to ensure that the utmost caution is used in dealing with this issue among people under that age.

The changes proposed, however, as far as I understand them, are mainly intended to have a much more limited effect – to make the process less arduous for adults who want to change their gender legally, and to bring Scottish legislation into line with international human rights laws. In 2015, Resolution 2048 of the Parliamentary Assembly of the Council of Europe expressed concerns that requiring someone seeking legal recognition of their acquired gender to have been medically treated or diagnosed is a breach of their right to respect for their private life under Article 8 of the ECHR.

I hope this information has been helpful and offers some reassurance – however, if there is anything you would like me to look into further for you on this topic, or if there is anything else I can help with, please do let me know.

ArabellaScott · 18/11/2021 19:15

That's actually a reasonably thoughtful response, Tobogganist. So not all SNP MSPs are toeing the party line.

Tobogganist · 18/11/2021 19:21

I thought it was reasonable and well put. And he is a very intelligent man. But I don't have the knowledge and understanding of others on the MN feminist threads.

Acatcalledprince · 18/11/2021 19:55

My MSP Fiona Hyslop never replies. I get a generated response from her saying the email has been received but still waiting a fuller reply.

CharlieParley · 18/11/2021 20:50

and to bring Scottish legislation into line with international human rights laws. In 2015, Resolution 2048 of the Parliamentary Assembly of the Council of Europe expressed concerns that requiring someone seeking legal recognition of their acquired gender to have been medically treated or diagnosed is a breach of their right to respect for their private life under Article 8 of the ECHR.

How manipulative that answer is. If not to say dishonest.

1.) Scottish law is already in line with international human rights law on recognising the rights of people who identify as trans.

Not only is it in line with international human rights law, it is cited elsewhere as best practice. That's because only a minority of countries in the world allow people who identify as trans to change their legal sex at all. Fewer still allow this without requiring genital surgery and/or sterilisation. According to Wikipedia, as of July 2021 just 15 out of 195 countries in the world have such laws based on self-id. That's less than 8%.

  1. Resolution 2048 was neither debated in nor scrutinised by the European Parliament which is what most people would expect. It is actually a resolution passed by the Council of Europe, which most people don't know all that much about.

The Parliamentary Assembly of the Council of Europe (PACE) had 318 members eligible to vote in 2015. The resolution was not scrutinised by the assembly, there was no consultation, its potential impact on the rights of other groups, especially women, was not discussed.

Only 103 assembly members cast their vote, of which 67 voted for the resolution. That's far from universal agreement. I would argue this vote doesn't even meet minimum standards for a democratic assembly, with less than one in three members voting and just 21% of members wanting to adopt this resolution. The resolution is not legally binding, nor has it been cited in any judgement by the European Court of Human Rights. Which brings me to

  1. In 2017, fully aware of Resolution 2048 and resolutely ignoring its demands, the European Court of Human Rights ruled in A.P., GARÇON AND NICOT V. FRANCE that while surgery or sterilisation requirements before a legal sex change were a violation of the human rights of transgender people, the requirement for a medical diagnosis and proof of gender dysphoria was not. The ECtHR drew a line in the sand in 2017, and we are already on the right side of that line. The judges argued that states had an obligation not just to people who identify as trans, but also to the rest of society. The requirements for a medical examination and diagnosis served as important safeguards.

Just to demonstrate where Scotland stood in 2017: of 47 member states of the Council of Europe, 7 did not allow any change of anyone's legal sex. 22 did allow a legal sex change, but only after mandatory sterilisation and/or genital surgery. Only 18 allowed a legal sex change without sterilisation or surgery. Of those 18 only 3 (Ireland, France, Malta) had adopted self-id laws.

So Scotland was well ahead of the majority of European countries in having the GRA 2004.

Hazelnut5 · 18/11/2021 21:33

@talkingdeadscot

Angus Robertson MSP has responded and flat out denied there is any conflict between trans rights and women's rights

*Thank you for your e-mail of November 10th.

It is a source of considerable regret that the issue of gender recognition reform has become so polarised and plagued with misinformation. The gender recognition reform proposals simplify the process of obtaining a gender recognition certificate for trans people. This has no legal or practical implications for the established rules around access to single-sex spaces.

For further information, please see the Scottish Government’s consultation analysis which addresses the concerns you raise.

Yours sincerely,

Angus

Angus Robertson MSP
Edinburgh Central*

Basically go away and don't bother your pretty little head dear!

My reply from Angus Robertson MSP about the erasure of women from the cervical cancer screening campaign. I came to the same conclusion as you:

Thank you for your email of October 22nd regarding cervical screening.

I would always encourage all those who are eligible, to take up their cervical screening appointment. We know that these 5-minute tests can save lives, and as such it is important that we encourage anyone who is eligible, to attend.

It is important to note that not only women are eligible for a cervical screening appointment. Trans men, non-binary people, and intersex people may also be eligible to attend and it is important that the wording of the campaign reflects this.

I trust this information is of assistance.

howmuchistoomuch2021 · 19/11/2021 18:44

Response from Paul O'Kane MSP in support of GRA reform. Can't say I'm surprised 😞

Dear xx
Thank you for taking the time to contact me regarding reform of the Gender Recognition Act (GRA).

I am committed to achieving a world free from all forms of bigotry and discrimination. Transgender people are one of the most discriminated groups in society – two in five young trans people have attempted suicide, I find this totally unacceptable.
I believe in updating the GRA to enable a process for gender self-identification. I believe that the current process for obtaining a Gender Recognition Certificate can be lengthy and traumatic for individuals who wish to change their legally recorded gender.
As you may be aware, the Scottish Government have published the results of the further consultation into proposed reforms but they have not yet introduced a reform Bill to Parliament. As with any legislation I will of course look at the detail in the Bill closely when it is published.
I note that you raise the issue of single sex spaces – it is the Equality Act which allows for the provision of women only spaces, this law rightly assumes the inclusion of trans women, except in specific circumstances. I continue to support the implementation of this Act.
I trust that you find this email informative as regards my position on the matter.
Yours sincerely,
Paul O’Kane MSP
Member of the Scottish Parliament for West Scotland
Scottish Labour and Scottish Co-operative Party
Shadow Minister for Public Health and Social Care

ArabellaScott · 19/11/2021 20:04

I'd ask where he got those stats from.

FluffyFlimFlam · 19/11/2021 20:24

Got three responses so far, basically the party line for each by the looks of it but will share anyway....

FluffyFlimFlam · 19/11/2021 20:27

From SNP.

Thank you for contacting me regarding this important issue.

This consultation on a draft bill to reform the Gender Recognition Act is an early part of the process of making new law. Responses are taken into account, and a draft bill will be introduced into parliament which is then debated, further amended and voted on before being passed.

I look forward to seeing this bill being scrutinised and refined as it progresses.

The Scottish Government has committed to working with trans people, women, equality groups, legal and human rights experts to identify the best and most effective way to improve and simplify the process by which a trans person can obtain legal recognition, so that the trauma associated with that process is reduced.
SG remain committed to making necessary changes to the Gender Recognition Act that arise from this work at the earliest opportunity, while ensuring these changes do not affect the rights or protections that women currently have under the Equality Act.

SG is clear that all organisations need to take account the Equality Act when any changes in policy are being considered. All rights - those of women and trans people - must be protected. This includes the protection of women's safe spaces.
SG is developing guidance to make sure that policy makers and service providers understand better how to ensure that the rights of women and trans people can be collectively realised

The Scottish Government strongly supports the single sex exceptions in the 2010 Equality Act which allow for trans people to be excluded when this is a proportionate means of achieving a legitimate aim.

This means that single sex services, like domestic abuse refuges or rape counselling, are protected.
As are single sex employment rights in relation to such services and the delivery of health care services, such as intimate examinations.
The draft Bill on which we have consulted did not make any changes to the Equality Act 2010. .
All rights-those of women and trans people-must be protected. This includes the protection of women's safe spaces.

Our support for trans rights does not impact on or conflict with our continued strong commitment to advance equality for women and to protect women's rights.
Under the proposals, people applying for legal gender recognition would:

  • have to live in their acquired gender for 6 months (not current 2 years);

  • continue to make legal statutory declarations they will live in the acquired gender for life;

  • apply to the Registrar General, rather than the UK Gender Recognition Panel, a UK Tribunal; and continue to be subject to criminal proceedings for lying or making false declarations or applications.
    The draft Bill did not propose gender recognition for people under 16. We consulted on whether the minimum age for applying for legal gender recognition should be reduced from 18 to 16.

I hope that my response has addressed your concerns. If I can be of any further assistance with this or any other matter, please get back in touch.

Kind Regards

Maree Todd MSP

FluffyFlimFlam · 19/11/2021 20:30

From the Greens.

The Scottish Green Party is proud to support rights for all women, including disabled women, lesbian, bisexual and trans women. We recognise the intersectional nature of power, which creates additional barriers for women facing multiple discriminations, and the necessity for feminists to work together to dismantle the patriarchy under which we live.Trans rights and women’s rights are not in conflict, as all humans have the same human rights.

In accordance with this pledge, and our robust and proactive commitment to the rights of LGBT+ people, our manifesto commits us to deliver reform to the Gender Recognition Act, including statutory self-declaration. This commitment is reflected in the A fairer, greener Scotland Programme for Government, which embeds the cooperation agreement between ourselves and the Scottish Government. A fairer, greener Scotland confirms that:

“Within the next year we will bring forward the Gender Recognition Reform (Scotland) Bill, removing the current medical requirements and reducing the time that applicants for gender recognition need to have lived in their acquired gender from two years to three months.”

This reform is long overdue, after considerable consultation, and we will be working hard to ensure that it is now completed as soon as possible. As the European Court of Human Rights has confirmed, the human right to privacy requires that trans people are afforded proper legal gender recognition. Such fundamental human rights are not a matter for debate or delay, and we therefore robustly reject the divisive and procrastinating suggestion of a citizens’ assembly to discuss their existence.

Sadly, there has been much misinformation about what GRA reform does or doesn’t involve. The only effect of this reform will be to make the process by which a trans person can obtain a Gender Recognition Certificate less stressful, unfair, disrespectful and dangerous. It will have no effect upon the use of women’s spaces such as public toilets or upon participation in women’s sports, both of which are dealt with by the Equality Act. Neither will it change decisions about the type of prison to which offenders are sent, decisions which are made for individual prisoners on a case by case basis.

There is much work still to be done in protecting and enhancing the rights and the wellbeing of people throughout Scotland, including women, especially women prisoners, and LGBT+ people. This work includes many policy priorities set out in A fairer, greener Scotland: inclusive education, comprehensive childcare, an end to conversion therapy, access to trans healthcare and effective action on domestic abuse and sexual violence. We in the Scottish Greens are proud to have been in the forefront of many campaigns for equality, dignity and fair treatment, and will continue to speak and act for all who are still marginalised and oppressed within our society.

Kind regards,
Ariane Burgess

FluffyFlimFlam · 19/11/2021 20:33

From the Conservative.

Thank you for your email in relation to the Gender Recognition Act.

A recent consultation on this legislation showed that four in ten organisations did not support the proposed reforms, which include reducing the time it takes for people to legally change their gender from two years to three months, and allowing people aged 16 and above to apply to change their gender.

These consultation responses confirm what we already knew – this is a sensitive topic and opinions are firmly split. We must protect women’s rights and take concerns that those rights are being eroded very seriously. For now, we await the details of this legislation and stand ready to scrutinise each aspect of it.

The Scottish Conservatives will not stand by and allow this SNP-Green Government to push this legislation through Parliament without all parties’ concerns receiving due consideration. There must be a full and informed debate on this issue and that this can only truly be done once we see what legislation is being brought forward.

Thank you once again for taking the time to contact me on this issue.

Kind regards
Douglas

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