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Feminism: Sex and gender discussions

What do you think should happen to the Gender Recognition Act (GRA)?

604 replies

TERFisTHEnewTREND · 01/01/2024 22:28

Personally, I can't believe this act was ever passed! I know 2004 was a different time, but still!

I believe that the only way of moving past the gender madness in law is to revoke the GRA. "Gender" is about as useful as someone's favorite type of music, so it has no place on a legal document.

As for what should happen to those who already have a GRA... well, I think some of them are owed an apology by those who told them that this piece of paper would change their sex (which it doesn't).

What do others think?

OP posts:
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RapidOnsetGenderCritic · 02/01/2024 14:31

MargotBamborough · 02/01/2024 13:24

OK @PlanetJanette.

If I had unlimited time and money, this is what I would do.

I would have two groups bring legal action against the UK government, claiming that the current system is in breach of their rights under the ECHR and the Equality Act.

One group would be women from religious minorities, who argue that allowing members of the opposite sex into women's single sex spaces is a breach of their right to practise their religion peacefully and constitutes indirect discrimination against them because it has the effect of forcing them to self exclude from public places.

The other group would be non binary people, who argue that they have the human right to recognition of their gender identity, and that the fact that there are no toilets, other single gender spaces or sporting categories for non binary people is a breach of those rights.

Just as those were working their way through the court system we would introduce two more. One group of female survivors of male sexual violence who would argue that being forced to share single sex spaces with the bepenised sex amounts to degrading and inhumane treatment and is therefore a breach of their rights under the ECHR. And another group of catgender people, seeking the same provisions as the non binary people.

You just keep overwhelming the system until the inevitable outcome is the following:

  • single sex spaces are guaranteed in accordance with the Equality Act
  • service providers are required to provide single sex spaces and services but may also provide unisex/non binary/catgender spaces and services should they wish to do so
  • the GRA has no effect other than allowing people to be legally recognised as whatever "gender" - NOT SEX - they like
  • ID documents end up having a compulsory biological sex marker and an optional gender identity marker
  • "TERFs" troll the new system by getting gender recognition certificates which legally recognise them as icecreamgender, jedigender or donthaveapenisgender, which are of course every bit as valid as "non binary"

Any flack from the "international human rights community" is met with a, "Yes, we know, but the thing is, and I know this is a bit awkward, but people who aren't trans also have human rights too, and this is the only way we can see of balancing everyone's rights."

Edited

An excellent set of suggestions.

PlanetJanette · 02/01/2024 14:32

MargotBamborough · 02/01/2024 14:26

You are contradicting yourself at every turn.

Either the Equality Act can be updated making it clear that sex means biological sex and that holders of a gender recognition certificate must still use single sex spaces in accordance with their sex, not their gender identity, or international human rights law forces the UK to allow men to be women for all legal purposes.

Which is it?

Is reading comprehension a problem for you?

I have said throughout this thread:

It is possible - as far as I know at least - to change the Equality Act to change how access to single sex spaces are governed and there is no ECHR case law that I know of that would prevent that.

It is not possible for the Gender Recognition Act to be repealed within the ECHR.

It’s like you don’t have the first clue about the difference between the Gender Recognition Act and the Equality Act.

PlanetJanette · 02/01/2024 14:33

EasternStandard · 02/01/2024 14:29

None of this is set in stone. The people who brought in the GRA didn’t think through the ramifications

If enough people feel it’s a bad law with a bad outcome it can be dropped. And yes that means either changing the convention or leaving.

I don’t agree with @PlanetJanette that none of this can change. Society has messed up big time, we are not stuck with that.

OK but if you’re supporting leaving the convention then you too need to set out why ripping up the Good Friday Agreement is a price worth paying to ensure that a few thousand people can’t change their birth certificate.

MrsOvertonsWindow · 02/01/2024 14:34

MargotBamborough · 02/01/2024 14:22

So women must be forced to accept strange penis in women only spaces because otherwise peace in Northern Ireland will be destroyed and it will all be our fault for daring to believe that we should actually have equal rights to the penis people?

Jesus Christ, can you even hear yourself?

Don't forget responsibility for Covid, Shergar's disappearance, the fake moon landing and a host of other issues are all down to women and girls refusing to accept the strange penis in women's only spaces.

Stonewall law innit 😂

LoobiJee · 02/01/2024 14:34

PlanetJanette · 02/01/2024 13:05

Of course people can advocate to leave the ECHR. That is the only realistic way the UK can lawfully repeal the GRA.

I’d have a modicum of respect for those honest enough to admit they want to withdraw from the ECHR to repeal the GRA. Not much respect but at least they would be more honest than those pretending that the issue can be just wished away.

Of course those people should also then be honest enough to admit that they also think the Good Friday Agreement should be ripped up to facilitate the withdrawal from the ECHR.

“Of course people can advocate to leave the ECHR. That is the only realistic way the UK can lawfully repeal the GRA.”

Not true. The GRA could be repealed and replaced with something else that protects the right to marry and the right for respect of private life for persons who believe themselves to be living as a member of the opposite sex.

Repeal and replace would not involve disapplying the ECHR.

Repeal and replace is far more realistic as a solution than leaving the ECHR in order to repeal without replacement.

PlanetJanette · 02/01/2024 14:34

RapidOnsetGenderCritic · 02/01/2024 14:31

An excellent set of suggestions.

Except that none of them would change the fact that the GRA cannot be repealed or hollowed out within the ECHR.

MargotBamborough · 02/01/2024 14:35

PlanetJanette · 02/01/2024 14:29

Can you hear yourself, glibly saying Northern Ireland should just ‘get another treaty’ after you’ve ripped up the Good Friday Agreement.

Do you have any sense of irony when you talk about women’s rights while doing so? Do you have any concept of the suffering of women during the troubles? Of the women murdered, or widowed or who lost children. The women maimed, or left caring for those with life long disabilities? Of the mothers who lost children.

No one who cares about the wellbeing of women would so glibly and ignorantly just declare that Northern Ireland should just get another peace treaty so that less than 10,000 trans people can no longer have their sex changed on their birth certificate.

It's highly dishonest of you to be pushing this entirely false narrative that we have to choose between peace in Northern Ireland and women's rights.

Of course that isn't necessary.

We change the Equality Act, as explained above, to ensure that the rights of women, particularly minority women, are properly protected.

If people with gender identities want to go to the ECHR about that, they can bring it as far as I'm concerned. A big, high profile court case where they actually need to say the quiet part out loud, about how men with gender identities trump women's rights to safety and dignity, would be very welcome from my point of view. Either the court will be forced to recognise that trans people's right to swing their fists ends where everyone else's noses begin, or they will ignite a global discussion about whether the ECHR is actually fit for purpose.

If we eventually get to the point where the UK concedes that it cannot remain a party to the ECHR whilst also protecting women's rights, then it withdraws and negotiates a revised treaty with Ireland where the UK agrees to sign up to exactly the same legal obligations as before.

Nobody dies.

EasternStandard · 02/01/2024 14:36

PlanetJanette · 02/01/2024 14:33

OK but if you’re supporting leaving the convention then you too need to set out why ripping up the Good Friday Agreement is a price worth paying to ensure that a few thousand people can’t change their birth certificate.

a few thousand people can’t change their birth certificate

I wouldn’t phrase it this way, it undermines the impact on women and children.

The GRA was likely started with that aim but those who are interested in women’s sex based rights are aware of how much more it has become.

PlanetJanette · 02/01/2024 14:36

LoobiJee · 02/01/2024 14:34

“Of course people can advocate to leave the ECHR. That is the only realistic way the UK can lawfully repeal the GRA.”

Not true. The GRA could be repealed and replaced with something else that protects the right to marry and the right for respect of private life for persons who believe themselves to be living as a member of the opposite sex.

Repeal and replace would not involve disapplying the ECHR.

Repeal and replace is far more realistic as a solution than leaving the ECHR in order to repeal without replacement.

Edited

Yes it could be repealed and replaced but the replacement would need to include a process to change sex markers on official documents.

Froodwithatowel · 02/01/2024 14:37

MrsOvertonsWindow · 02/01/2024 14:34

Don't forget responsibility for Covid, Shergar's disappearance, the fake moon landing and a host of other issues are all down to women and girls refusing to accept the strange penis in women's only spaces.

Stonewall law innit 😂

Peace in Northern Ireland.... theorised as being paid for by a few thousand people with penises destroying the rights of half the population. All the losers women, all the winners men. Binary. Sex based.

I'm summarizing this conversation for my MP, the poor man could do with a good laugh.

LoobiJee · 02/01/2024 14:37

PlanetJanette · 02/01/2024 14:34

Except that none of them would change the fact that the GRA cannot be repealed or hollowed out within the ECHR.

Your assertion is untrue.

The GRA could be repealed and replaced without leaving the ECHR.

MargotBamborough · 02/01/2024 14:37

PlanetJanette · 02/01/2024 14:34

Except that none of them would change the fact that the GRA cannot be repealed or hollowed out within the ECHR.

WHY. NOT?

All the stuff about gender that is apparently in the ECHR was imagined into it by reading between the lines. It is not actually written anywhere.

It can be imagined out just as easily as it was imagined in, simply by remembering that WOMEN ARE PEOPLE TOO.

ResisterRex · 02/01/2024 14:38

So wims rage posting = end of GFA?

OK......

MargotBamborough · 02/01/2024 14:38

Froodwithatowel · 02/01/2024 14:37

Peace in Northern Ireland.... theorised as being paid for by a few thousand people with penises destroying the rights of half the population. All the losers women, all the winners men. Binary. Sex based.

I'm summarizing this conversation for my MP, the poor man could do with a good laugh.

Everybody will note that @PlanetJanette has not at any point suggested that men with gender identities might want to wind their necks in a bit and accept that not everything has to be for or about them, otherwise they are at risk of compromising peace in Northern Ireland.

PlanetJanette · 02/01/2024 14:39

EasternStandard · 02/01/2024 14:36

a few thousand people can’t change their birth certificate

I wouldn’t phrase it this way, it undermines the impact on women and children.

The GRA was likely started with that aim but those who are interested in women’s sex based rights are aware of how much more it has become.

Fine. By all means set out why repealing the Gender Recognition Act is worth scrapping the Good Friday Agreement for.

I mean specifically. Once the GRA is repealed what specific changes will women notice in their day to day lives?

Because I can tell you what differences the women of Northern Ireland will notice when the agreement that ended the Troubles is dead.

EasternStandard · 02/01/2024 14:39

LoobiJee · 02/01/2024 14:37

Your assertion is untrue.

The GRA could be repealed and replaced without leaving the ECHR.

Well this changes things

MargotBamborough · 02/01/2024 14:40

PlanetJanette · 02/01/2024 14:36

Yes it could be repealed and replaced but the replacement would need to include a process to change sex markers on official documents.

Nah. Optional gender category instead. Lying, and forcing other people to pretend to believe you, isn't a human right. It has actually got fuck all to do with the ECHR.

MargotBamborough · 02/01/2024 14:40

PlanetJanette · 02/01/2024 14:39

Fine. By all means set out why repealing the Gender Recognition Act is worth scrapping the Good Friday Agreement for.

I mean specifically. Once the GRA is repealed what specific changes will women notice in their day to day lives?

Because I can tell you what differences the women of Northern Ireland will notice when the agreement that ended the Troubles is dead.

The only person suggesting scrapping the GFA is you.

PlanetJanette · 02/01/2024 14:41

MargotBamborough · 02/01/2024 14:37

WHY. NOT?

All the stuff about gender that is apparently in the ECHR was imagined into it by reading between the lines. It is not actually written anywhere.

It can be imagined out just as easily as it was imagined in, simply by remembering that WOMEN ARE PEOPLE TOO.

Understanding case law is just as strong are understanding statute I see.

Case law developed by dozens of jurists over decades does not get discarded or undone like that in a system based on precedent.

PlanetJanette · 02/01/2024 14:41

MargotBamborough · 02/01/2024 14:40

The only person suggesting scrapping the GFA is you.

No. Every person suggesting withdrawing from the ECHR is doing so.

MargotBamborough · 02/01/2024 14:41

Is anybody else feeling quite upbeat thanks to this nonsense from @PlanetJanette?

I can't help but feel that suggesting that women saying no to men will mean the end of peace in Northern Ireland is real death throes stuff.

I can smell the desperation from over here in continental Europe.

PlanetJanette · 02/01/2024 14:42

MargotBamborough · 02/01/2024 14:40

Nah. Optional gender category instead. Lying, and forcing other people to pretend to believe you, isn't a human right. It has actually got fuck all to do with the ECHR.

That’s not what the Court has said over a number of cases over decades.

LoobiJee · 02/01/2024 14:43

PlanetJanette · 02/01/2024 14:36

Yes it could be repealed and replaced but the replacement would need to include a process to change sex markers on official documents.

the replacement would need to include a process to change sex markers on official documents.”

Sex markers? Or acquired gender?

This is what David Lammy MP said to Parliament in 2003.

The European Court of Human Rights interpreted the convention, which is now a part of UK law, in the case of Goodwin v. UK, and its judgment stated that a system for recognising transsexual people in their acquired gender must exist and that transsexual people must be granted their rights under article 8, the right to respect for private life, and article 12, the right to marry.”

Did David Lammy mislead Parliament at second reading of the bill when he said “acquired gender”? Should he have said official legal record of their biological sex?

PlanetJanette · 02/01/2024 14:44

MargotBamborough · 02/01/2024 14:41

Is anybody else feeling quite upbeat thanks to this nonsense from @PlanetJanette?

I can't help but feel that suggesting that women saying no to men will mean the end of peace in Northern Ireland is real death throes stuff.

I can smell the desperation from over here in continental Europe.

I suppose it’s easy to be upbeat when you don’t understand:

  • how case law and precedent works;
  • the difference between the Gender Recognition Act 2004 and the Equality Act 2010;
  • the complexities of the Good Friday Agreement.
PlanetJanette · 02/01/2024 14:45

LoobiJee · 02/01/2024 14:43

the replacement would need to include a process to change sex markers on official documents.”

Sex markers? Or acquired gender?

This is what David Lammy MP said to Parliament in 2003.

The European Court of Human Rights interpreted the convention, which is now a part of UK law, in the case of Goodwin v. UK, and its judgment stated that a system for recognising transsexual people in their acquired gender must exist and that transsexual people must be granted their rights under article 8, the right to respect for private life, and article 12, the right to marry.”

Did David Lammy mislead Parliament at second reading of the bill when he said “acquired gender”? Should he have said official legal record of their biological sex?

You know there is twenty years worth of ECHR jurisprudence that followed the Gender Recognition Act, right?

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