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Feminism: Sex and gender discussions
Thread gallery
12
lechiffre55 · 26/01/2024 19:06

Zita60 · 26/01/2024 19:00

I'd be interested to know too. In some circumstances I'd try to avoid using pronouns at all, but that could look a bit obvious.

That's my point. Even if it's clearly obvious that you are refusing to play the pronoun game is non compliance harassment ? Even if you don't deadname or misgender with wrong pronouns? Can you be compelled to use incongruent pronouns against your own beliefs?

ArabellaScott · 26/01/2024 19:10

'In the previous guidance, the EHRC stated it would be discriminatory – under the Equality Act’s protected characteristic of gender reassignment – to refer to a trans pupil using their deadname or former pronouns.

In the update, the EHRC removed this section entirely, suggesting that the watchdog no longer sees misgendering or deadnaming as discriminatory.'

MrsOvertonsWindow · 26/01/2024 19:12

Community note:
Certain posters (mentioning no names) display the quality of their thinking by the nature of their comments & occasionally reflected in their user names. Posters should be aware (as Mumsnet regularly remind us) that people may not be who they claim to be online.
Always worth looking for a persistent anti women bias, a disregard for safeguarding children & the rights of women to privacy from men, in the posts of those who rock up on this feminist women's board claiming levels of "expertise".

Have a wonderful women centred weekend wims and ignore the pigeons who descend in the hope of ruffling feathers. 😘😘

BezMills · 26/01/2024 19:58

Children cannot get a GRC so will not have the protected characteristic of gender reassignment

WickedSerious · 26/01/2024 20:03

DadJoke · 26/01/2024 13:33

Holding a gender critical belief is protected, as are the belief that gay people are sinful, that marriage equality is wrong, and that there are differences in intelligence between races, as, I suspect, is climate change denial. However, there are many circumstances in which expressing or acting on those beliefs are discriminatory and grounds for dismissal - for example, misgendering or deadnaming transgender employees or clients.

Employers are going to have to be a lot more careful in future.

It must be awful when reality bites you on the arse.

MrSand · 26/01/2024 21:36

Children cannot get a GRC so will not have the protected characteristic of gender reassignment.

The protected characteristic is broader than that:

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.

I'm not a lawyer, but I think that would cover a child who was taking puberty blockers and/or cross-sex hormones. Maybe a name change and a hairstyle would not be enough though.

ArabellaScott · 26/01/2024 21:44

I believe the government's lawyers were debating exactly that point and iirc decided children were able to be protected by gender reassignment characteristic. If that makes sense, I'm very tired!

GailBlancheViola · 26/01/2024 21:52

Ereshkigalangcleg · 26/01/2024 17:28

• It's important to emphasise that the ruling does NOT give Maya Forstater the right to finish up the last of the toilet paper without replacing it

• It's important to emphasise that the ruling does NOT give Maya Forstater the right to break into a museum and draw moustaches on all portraits

• It's important to emphasise that the ruling does NOT give Maya Forstater the right to redecorate your house if she doesn't like your wallpaper

• It's important to emphasize that the ruling does NOT give Maya Forstater the right to tempt your cat away from home with Dreamies and claim it was hers all along.

• It’s important to emphasize that the ruling does NOT give Maya Forstater the right to come round and sing opera through your front door

The side with the sense of humour is the side to be.

ditalini · 26/01/2024 22:01

MrSand · 26/01/2024 21:36

Children cannot get a GRC so will not have the protected characteristic of gender reassignment.

The protected characteristic is broader than that:

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.

I'm not a lawyer, but I think that would cover a child who was taking puberty blockers and/or cross-sex hormones. Maybe a name change and a hairstyle would not be enough though.

They do have the protected characteristic, but the "protection" is simply the right not to be treated worse than someone who isn't undergoing gender reassignment.

This sort of discrimination is the sort of thing any reasonable person would be against:

  • can't be chucked out of school because they say they're changing gender
  • can't be segregated from the rest of the class because they say they're changing gender
  • can't be bullied or ridiculed because they say they're changing gender

What they're not entitled to is to be considered the opposite sex from their actual sex in terms of single sex exemptions as they don't have a GRC (since under 18)

  • can't insist on using the opposite sex's toilets or changing facilities
  • can't insist on being housed in accommodation for the opposite sex on residentials

There's probably a huge grey area around uniform and other school rules on hair etc. Probably not reasonable for the school to insist on single sex rules for these.

RapidOnsetGenderCritic · 26/01/2024 22:04

DadJoke · 26/01/2024 17:11

I agree, although I think and unwanted expression of belief (outside of a conversation you have agreed to have) could easily be discriminatory. That's why I said "can." However, deliberately misgendering people, or suggesting that GNC people use another toilet, or offer unwanted prayers for patients could easily be.

We need more case law to see where the limits lie.

"the DWP’s insistence on using service users’ preferred pronouns, and requiring Dr Mackereth to confirm a willingness to do so, were necessary and proportionate means of achieving the legitimate aims of ensuring transgender service users were treated with respect and in accordance with their rights, and to provide a service that promoted equal opportunities."

Many people don’t "deliberately misgender" anyone, but they do both subconsciously, and on occasion deliberately, correctly sex people. If that turns out to be against the law, I for one am willing to defend myself in court for being honest and truthful.

duc748 · 26/01/2024 22:11

ArabellaScott · 26/01/2024 21:44

I believe the government's lawyers were debating exactly that point and iirc decided children were able to be protected by gender reassignment characteristic. If that makes sense, I'm very tired!

Poorly drafted legislation doesn't help this mess, does it?

Catabogus · 26/01/2024 23:24

ArabellaScott · 26/01/2024 18:53

If anyone is unsure about the ins and outs I suggest checking up on the EHRC website, reading SexMatters' website, or consulting a professional with expertise in the area.

'Dadjoke said it on Mumsnet' is not a sensible position to base HR decisions - or any decisions- on.

But don’t, whatever you do, consult Worknest! I hear they have some very poorly trained apprentices…

BezMills · 27/01/2024 04:35

Thanks @ArabellaScott and others. Every day is a school day. You live, you learn!

AuContraire · 27/01/2024 04:55

Catabogus · 26/01/2024 23:24

But don’t, whatever you do, consult Worknest! I hear they have some very poorly trained apprentices…

It's such a nightmare when you accidentally use the "Gross Misconduct" letter template instead of the "I'm sorry we harassed you" one.

AvacadoFieldsForever · 27/01/2024 05:49

ditalini · 26/01/2024 22:01

They do have the protected characteristic, but the "protection" is simply the right not to be treated worse than someone who isn't undergoing gender reassignment.

This sort of discrimination is the sort of thing any reasonable person would be against:

  • can't be chucked out of school because they say they're changing gender
  • can't be segregated from the rest of the class because they say they're changing gender
  • can't be bullied or ridiculed because they say they're changing gender

What they're not entitled to is to be considered the opposite sex from their actual sex in terms of single sex exemptions as they don't have a GRC (since under 18)

  • can't insist on using the opposite sex's toilets or changing facilities
  • can't insist on being housed in accommodation for the opposite sex on residentials

There's probably a huge grey area around uniform and other school rules on hair etc. Probably not reasonable for the school to insist on single sex rules for these.

This.
Disability is protected but that doesn’t mean we have to hire a blind bus driver, put someone in a wheelchair in a regular rugby team or ban speech so deaf people don’t feel left out.

It’s protections plus reasonable adjustments but it’s not do what you want.

LoobiJee · 27/01/2024 07:08

AuContraire · 27/01/2024 04:55

It's such a nightmare when you accidentally use the "Gross Misconduct" letter template instead of the "I'm sorry we harassed you" one.

Ha! 😄 Where’s that “chef’s kiss” emoji when you need it.

WickedSerious · 27/01/2024 10:09

AuContraire · 27/01/2024 04:55

It's such a nightmare when you accidentally use the "Gross Misconduct" letter template instead of the "I'm sorry we harassed you" one.

Aye and it's such an easy mistake to make.

Boiledbeetle · 27/01/2024 12:57
No Way Wow GIF

I'm just catching up.

TalcumX · 27/01/2024 13:03

Abouttoblow · 26/01/2024 15:52

Talcum X must be absolutely livid 😂

Appalling piece of writing. Absolutely dreadful!

Boiledbeetle · 27/01/2024 13:14

ArabellaScott · 26/01/2024 18:55

For that matter neither is ' ArabellaScott said it on Mumsnet'.

Read the source, the Equality Act, official guidance, consult a solicitor.

Well I'm screwed as I use that as an answer to just about everything in the real world! Unless it's cake related and then I invoke our dear own cakey username poster!

RedToothBrush · 27/01/2024 14:00

Is this a reverse ferret I see before me to say 'look we have never discriminated against staff members who have gender critical views'.

IcakethereforeIam · 27/01/2024 14:06
Blush
Slothtoes · 27/01/2024 21:54

Placemarking to read later

DadJoke · 29/01/2024 14:49

WickedSerious · 26/01/2024 20:03

It must be awful when reality bites you on the arse.

The reality that people with religious and pseudo-religious beliefs need to be accommodated in the work environment to the extent that it doesn't impinge on the rights of others? I'm very familiar with that.