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Feminism: Sex and gender discussions

Secretary of State for Scotland looking at using Westminster powers to overule gender recognition bill

258 replies

fromorbit · 22/12/2022 15:55

Alister Jack has said he is willing to consider blocking the Gender Recognition Reform Bill under Section 35 of the Scotland Act.
twitter.com/JournoStephen

Detailed Review of the Legal case that powers that could be used:
ukconstitutionallaw.org/2022/12/21/michael-foran-sex-gender-and-the-scotland-act/

In short it seems there are potential good grounds to use Section 35 in this case due to contradictions in the legislation. [Lots of speculation that this was this Sturgeon's aim all along create legislation so bad it would be overturned and increase support for Indy? However I think this is just a case of pure ideology combined with incompetence.]

Writing into your MP especially if they are a Tory would be a good move at this point.

OP posts:
YourWinter · 22/12/2022 18:52

Whatthechicken · 22/12/2022 18:38

The problem I see if Westminster doesn’t step in - is that this then becomes the norm (men in prisons, shelters, hospital wards, toilets - those meant to be single sex). The ruling last week conflates sex and gender and that ‘sex is not determined purely by biology’. Stats will not be collected, men are women and their crimes will be recorded as such - it will be ‘women’ committing male crimes, therefore those not aware will not be made aware of the implications. If their are no stats - then there have been no consequences to this bad legislation. We are on notice in England, Labour are currently predicted to romp home to govern in 2 years. If no consequences are to be seen and the people are not revolting - this will be passed by Labour in England.

You’re absolutely correct. I’m in England, the mother of two adult daughters, and I’m horrified.

Hoping for guidance on wording a letter to my (Tory) MP.

rogdmum · 22/12/2022 18:52

This seems to be the solution. Don’t do S35, but instead modify the Equality Act to make it clear that sex is biological sex.

That is not a solution in an environment where providers are too scared, or just don’t care enough to provide single sex spaces. Clarifying the EA still leaves it as a choice as to whether or not to allow GRC holders access. Nor does it solve the sex offender issue, nor does it solve the 16-18 year olds issue. The EA needs strengthened, but that is by no means a answer to the issues in Scotland.

Whatthechicken · 22/12/2022 18:58

rogdmum · 22/12/2022 18:52

This seems to be the solution. Don’t do S35, but instead modify the Equality Act to make it clear that sex is biological sex.

That is not a solution in an environment where providers are too scared, or just don’t care enough to provide single sex spaces. Clarifying the EA still leaves it as a choice as to whether or not to allow GRC holders access. Nor does it solve the sex offender issue, nor does it solve the 16-18 year olds issue. The EA needs strengthened, but that is by no means a answer to the issues in Scotland.

I agree, it does need to be strengthened, but even now, in England they are scared to provide single SEX services. It was only a few months ago that ‘Katie’ Dolatowski (a convicted paedophile) ended up in Leeds women’s aid domestic violence refuge (for women and children).

bellinisurge · 22/12/2022 18:59

No point writing to my MP. Drunk on Kool Aid.
Westminster government should call her bluff and amend/clarify the Equality Act so that organisations feel more confident to protect single sex spaces.

bellinisurge · 22/12/2022 19:01

Coupled with specific guidance from the DoH and the MoJ to protect single sex spaces in hospitals and prisons. And from DCMS to protect single sex sport.

bellinisurge · 22/12/2022 19:04

Formal guidance from relevant government departments does make a difference and is an alternative to changing the law.

BlackForestCake · 22/12/2022 19:04

I think WM can’t not intervene, because this also changes things in England and Wales.

If they do try to strike it down, does that mean it doesn’t come into effect while the dispute is ongoing? Does anyone know?

Whatthechicken · 22/12/2022 19:05

6’5” ’Katie’ Dolatowski is now residing in a women’s prison in Scotland, because he beat the shit out of a male inmate in a male prison back in January…the world is fucking crazy.

Read again: Male paedo, in a women and kids refuge, then gets sent to a female prison for beating up a male in a male prison. And all people are bothered about is affirming ‘Katie’ and using the correct pronouns.

oldwomanwhoruns · 22/12/2022 19:06

Starting to work on my letter to my MP now.
I will certainly add that the legal fiction that is the GRA just HAS to be repealed. It was only invented to permit same sex marriage, which is now legal. The GRA must go.

BlackForestCake · 22/12/2022 19:11

Catswhisky · 22/12/2022 18:51

I’m in England but agree, I nearly wrote I was scared to contact him but thought it might sound OTT. I’m sure I would be blacklisted if I did though.

It’s become evident how alarmingly close some Green MSPs and staff are to the layer of “activists” who like to post publicly their fantasies about beating up women. I don’t want any of them being able to access my name and address. I would go so far as to advise avoiding any contact with members of the Scottish Green Party.

nilsmousehammer · 22/12/2022 19:11

rogdmum · 22/12/2022 18:52

This seems to be the solution. Don’t do S35, but instead modify the Equality Act to make it clear that sex is biological sex.

That is not a solution in an environment where providers are too scared, or just don’t care enough to provide single sex spaces. Clarifying the EA still leaves it as a choice as to whether or not to allow GRC holders access. Nor does it solve the sex offender issue, nor does it solve the 16-18 year olds issue. The EA needs strengthened, but that is by no means a answer to the issues in Scotland.

This.

Several steps are needed.

  1. Sort out the Equality Act and be very clear sex and gender are not the same, and defined single sex spaces are restricted only to users of that biological sex. Gender identification, degree of transition and GRCs have no bearing on this.

  2. Then sort out funding and legalities also connected to the Equality Act that in order to ensure females are not excluded from female services in the desire to be nice to males, that all authorities, public services and facilities must ensure an accessible single sex space for females alongside accessible spaces for everyone else. This will probably involve a mixed sex space. Males may want one too, but that's their problem, they can go and sort that out, women are busy.

  3. Then sort out policing and law to be VERY clear that when the inevitable few males attempt to deceive or force their ways into the designated single sex female spaces there will be real and decisive actions taken with consequences for attempting to invade the space of those females and depriving them of equality of access. Police turning up to stand around vaguely will have their arses handed to them by the MoJ.

There will be a mess - there is a mess, it's now bulging out from under the rug and it's this big because of truly stupid, lazy and cowardly politicians who have hoped if they did nothing that women would suck it all up quietly and they wouldn't have to get their hands dirty. So fuck that.

There will be tantrums and wails and howls. It'll pass. If there are accessible spaces for TQ+ identified people they have no need to enter single sex spaces and deprive other people of equality of access, and it has to be established that there is no human right to have your identity choices met at the expense of other people's equality and access.

Otherwise, the taxes of biological women need to be massively reduced, and men can pay more. Wtf should we pay for services that increasing numbers of us can't use and have no fucks to give about us?

bellinisurge · 22/12/2022 19:12

If Westminster strikes it down (or even talks about it) we get more sunlight on the detail. It's not about being kind to effeminate men and masculine women. Everyone will see it. Bring it on

nilsmousehammer · 22/12/2022 19:13

oh and 4) Make it a LOT easier for people experiencing discrimination and prejudice blocking them from any access to a service because TQ+ political bias doesn't like them, to get legal support and redress. And stop TQ+ political groups trying to discourage and punish anyone seeking justice by trying to bankrupt them through escalating costs and time, or to stress them to the point they give up.

Baldieheid · 22/12/2022 19:14

ItsAllGoingToBeFine · 22/12/2022 17:32

It pains me to agree with you.

I think Sturgeon has badly miscalculated this. Many many indy supporters, including me, will think this is too high a price to pay, and will have seen how badly the Scottish Government have handled this. I used to be a hard yes to indy, I'm a much softer yes now, and I'm certain I'm not the only one considering whether I want indy like this.

As Joanna Cherry said outside the Scottish Parliament yesterday, this is not the Scotland I want.

Agreed.
I was a hard yes. Now I'm an "over my dead body NO".
All Nippy Sweetie's doing, along with her mentally ill green pals.

MarieIVanArkleStinks · 22/12/2022 19:14

My MP would be one worth writing to, I think.

I'm uneasy with Westminster interference in devolved politics, and would be interested to hear what Scottish members think about this point. But at this point, for me, this issue takes precedence over all others. This is the worst assault on women's rights I've witnessed in my lifetime, and it leaves those over the border in a terrible position. It has to be fought with every bit of pushback we can muster.

@nilsmousehammer that is an excellent post. There are several points in it that I'd like to convey to my MP, if that's okay.

I've bookmarked this thread.

nilsmousehammer · 22/12/2022 19:15

Please use whatever you want. Writing is one of the biggest things you can do to support other women.

Tekkentime · 22/12/2022 19:26

How did all this even start? Seems to be spreading throughout western countries.

AndEverWhoKnew · 22/12/2022 19:27

MarieIVanArkleStinks · 22/12/2022 19:14

My MP would be one worth writing to, I think.

I'm uneasy with Westminster interference in devolved politics, and would be interested to hear what Scottish members think about this point. But at this point, for me, this issue takes precedence over all others. This is the worst assault on women's rights I've witnessed in my lifetime, and it leaves those over the border in a terrible position. It has to be fought with every bit of pushback we can muster.

@nilsmousehammer that is an excellent post. There are several points in it that I'd like to convey to my MP, if that's okay.

I've bookmarked this thread.

I'm Scottish. I'm uneasy about how WM intervenes. Boris was trying his damnedest to dial back devolution. A lot of people who don't care about Scotland or women are jumping on the self-id bill as a way to put Scotland back in its box.

In the short-term do I want this bill stalled or repealed? Yes. In the long-term do I want self-id to be the Trojan horse introduced by the Tories that means they pull back on devolved powers? No.

If WM turns this into an independence issue by proxy then I worry they'll push people who are neutral into self-id supporters. If WM can intervene without trying to claw back even more powers, then it buys Scottish women more time.

But WM involvement will be viewed with cynicism. After all there are lots of areas of life where the TRA agenda has crept into English and Welsh life eg schools, police. And WM has been slow to try to counter them with legislation and court cases.

bellinisurge · 22/12/2022 19:28

It's a big gamble that neutral or No voters in Scotland will fall for self-ID.

MarshaBradyo · 22/12/2022 19:30

From another angle I’d worry about WM pushing people to self iD and independence

So I’m torn between two things I care about

Whatthechicken · 22/12/2022 19:30

nilsmousehammer · 22/12/2022 19:15

Please use whatever you want. Writing is one of the biggest things you can do to support other women.

I’m also of the opinion that local women’s groups - ReSisters, WRN, SFW etc. need to coordinate more - strength in numbers and impact. And we are amazing when we organise - leave them no where to hide. If you are not already in a local group - join one. If you worry for your job, you can use any skills you have to help whether that be press, designing leaflets, letter writing, coordinating, admin, vetting new members - anything helps - you don’t have to be on the press photos, you can help from the background. We are under attack - and there is the very real possibility that in 2 years, the whole of the IK could be adopting self ID. Let’s do something now.

Whatthechicken · 22/12/2022 19:31

*UK

ArabellaScott · 22/12/2022 19:34

BlackForestCake · 22/12/2022 19:04

I think WM can’t not intervene, because this also changes things in England and Wales.

If they do try to strike it down, does that mean it doesn’t come into effect while the dispute is ongoing? Does anyone know?

A Section 35 woudl prevent Royal Assent, so the Bill wouldn't even come into effect.

oldwomanwhoruns · 22/12/2022 19:51

Seconding what @Whatthechicken said. Join your local WRN, now!
We have to be coordinated.
The time for 'be kind' is long gone.

dementedma · 22/12/2022 19:55

I was at the Scottish Parliament demonstrating this week. I am devastated at the result but Gov UK should NOT intervene. Scotland has made its bed and can lie in it! Any over rule will fuel the Indy agenda that big bad Westminster controls Scotland. Let people see and feel the consequence of voting SNP.
Sturgeon is even more despised now than before. Dont rescue her.

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