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Feminism: Sex and gender discussions
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9
DadJoke · 07/03/2024 23:42

JanesLittleGirl · 07/03/2024 22:45

@DadJoke You can argue that transwomen are women until you are blue in the face but the Equality Act doesn't agree. If TW are W there would be no need for Schedule 3, Part 7, Paragraph 28 in that act.

Talking of the Equality Act, you have been trying to persuade us that excluding transwomen from the Ladies' pond would be unlawful under the EA and its associated statutory guidance. This is link to the EHRC guidance on sex and GR exceptions for service providers:

www.equalityhumanrights.com/sites/default/files/guidance-separate-and-single-sex-service-providers-equality-act-sex-and-gender-reassignment-exceptions.pdf

Careful reading of this guidance reveals that:

1 - excluding people with the PC of GR from a single sex facility is a proportionate means to achieve the legitimate aim of allowing access to people who would otherwise be prevented by their religion if a mixed sex facility is also provided.

2 - excluding people with the PC of GR from a single sex facility is a proportionate means to achieve the legitimate aim of protecting the dignity and privacy of that sex if a mixed sex facility is also provided.

3 - excluding people with the PC of GR from a single sex environment without providing a mixed sex alternative is not necessarily unlawful providing that there is a reasonable balance of impact on competing protected characteristics. If exclusion would cause a detrimental impact on 1,000 people with the PC of GR but cause a positive impact on 4,000 people with the PC of religion (practicing Moslems or Orthodox Jews) then that exemption would be lawful. The service provider would need to conduct an accurate survey to justify exclusion on this basis.

4 - there is no requirement to show that a majority of service users would benefit from the exercise of an exemption to exclude people with the PC of GR. A single letter or email from a woman who believes that including men with the PC of GR would remove her dignity or privacy or from a single Muslim or Orthodox Jewish woman who states that the presence of a biological man prevents her from accessing the service is enough for the provider to review their policy.

5 - any single sex provider who fails to justify their policy of allowing people with the PC of GR to use the facilities that they choose when challenged by a user from 4 will probably be acting unlawfully.

Readers may find it useful to retain the link to the guidance for the next time somebody tries to use Stonewall Law to justify men's access to women's single sex spaces.

That is not the statutory guidance, and it is never likely to be.

negeme · 08/03/2024 00:05

DadJoke · 07/03/2024 18:58

@negeme you think the category “woman” excludes trans woman. I do not. This usually does not matter. When you use the word “woman” I know you are excluding trans women by default. When I say “woman” you know I am including trans women by default.

If we are to discuss transgender issues we have to understand these differences. It’s not remotely as complicated as you are making out.

The forbidden term “cisgender” makes the whole thing much more complicated.

I'm amused and somewhat disconcerted you find it complicated. It's really very simple.

We both know what "woman" and its plural "women" mean. We disagree about whether trans women (sometimes 'transwomen') are women, which we couldn't if we didn't agree as we do about those meanings. (It wouldn't make sense to say we disagreed: what would we be disagreeing about?)

So what is a trans woman (a transwoman)? Of course this question is related to the question, "What does "trans woman" ("transwoman") mean?" in that if you know what "transwoman" (I'll stop with the alternative; fill in if you like) means, you'll very likely be able to answer the question as to what a transwoman is.

Simple enough?

OK, so let's think about what a transwoman is. The word "transwoman" is something of a neologism (OED has 1994, which seems recent to me, don't know about you), so it's probably worth getting clear about at least a part of what it might mean (which will help us get to grips with the metaphysical question about what a transwoman is, as I said just above).

OK? Well, some people (often perhaps misled by the "woman" occurring in "transwoman") have wrongly thought a transwoman is a woman who is trans. But that's not the case at all. No, actually "transwoman" doesn't mean that: actually a transwoman is a man who is trans. Hmm. (I note that we don't need to know what it is to be trans (or what "trans" means) to know that about what a transwoman is.)

So there you go. A transwoman is a man.

You know what "woman" means, @DadJoke. And you know (don't you?) at least the relevant part of what "transwoman" means. (I just reminded you.) So you know full well about transwomen being men.

But you want to say transwomen are women. OK, say it. Just don't ask me to take you seriously when you do.

And, back where we came in: I'm sure you now realise talk of "us[ing] different meanings for the same word [sc "woman"]" was just a silly mistake on your part.

Oh, and one more thing. Notice I haven't talked about definitions. Ime, "definition" comes with too much baggage of various sorts. Nothing I have said depends on definitions of words. That's something you might think about too.

Mainly, though @DadJoke, you should think about stopping being so silly.

negeme · 08/03/2024 00:08

@theilltemperedclavecinist: "I can't believe we're wasting our time like this....."

Indeed. Me neither. But, well, the internet ...

DadJoke · 08/03/2024 00:45

@negeme you are tying yourself in semantic knots for absolutely no reason. It’s you, not me, who is using and defining “transwoman.” I don’t use that term. Trans woman is the term I use and only to differentiate them from non-transgender women. Transgender (adjective) woman (noun). I mean, really, look it up in a dictionary.

trans woman

plural trans women
: a transgender woman : a woman who was identified as male at birth

I cannot believe that you are so ignorant of the debate that you would think otherwise.

Ereshkigalangcleg · 08/03/2024 02:31

But they aren't women Dadjoke. Women are female. In the absence of any rationale why would anyone care about your bizarre assertions that some males are women merely because they say so?

Ereshkigalangcleg · 08/03/2024 02:32

Fuck "the debate". Men are men and ever more shall be so. Come up with an actual reason why people should think men are women that isn't just pontificating nonsense. I dare you.

ApocalipstickNow · 08/03/2024 07:02

But why are they “identified as male at birth?” 🤔

By medical professionals who we trust to weight, measure and accurately state time of birth.

It comes down to whether you consider man and woman to be biological categories or a philosophical concept.

Most people go with the former.

Else you may as well say “my kid was born on a Friday but it felt more like a Wednesday so I’ll be changing their date of birth accordingly.”

SirChenjins · 08/03/2024 07:49

plural trans women
: a transgender woman : a woman who was identified as male at birth

And remains male because they are.

SinnerBoy · 08/03/2024 07:52

Deleted, but hilarious!

DrBlackbird · 08/03/2024 08:13

Honestly let’s just go to the non-men category and be done with the term ‘woman’ full stop. Men. Non-men. NB’s can keep being NB (although they may be happy being non-men?). We need to know our place. As non-men.

JanesLittleGirl · 08/03/2024 08:47

DadJoke · 07/03/2024 23:42

That is not the statutory guidance, and it is never likely to be.

And your point is?

MarkWithaC · 08/03/2024 09:00

DadJoke · 07/03/2024 20:55

I think trans women are a subset of women. You do not. We are not going to change each other’s minds. The purpose of this aside (which I did not instigate) was to suggest that in order to discuss transgender issues, people who support trans rights and gender critical people will need to accept that these two groups use different definitions.

I am not interested in a further derail into definitions of women.

The word 'think' here (as opposed to 'know') is key, isn't it.

Emotionalsupportviper · 08/03/2024 10:29

DadJoke · 07/03/2024 20:55

I think trans women are a subset of women. You do not. We are not going to change each other’s minds. The purpose of this aside (which I did not instigate) was to suggest that in order to discuss transgender issues, people who support trans rights and gender critical people will need to accept that these two groups use different definitions.

I am not interested in a further derail into definitions of women.

As far as I can see @DadJoke , you don't have ANY definition of "woman" other than they say so.

That's hardly a definition

Froodwithatowel · 08/03/2024 10:30

I'm not sure how 'I don't believe women should have rights or disobey men' is ever going to stand up really on a feminist board, but whatevs.

Surely basic fairness should say, if there's a mixed sex pond, and it's known that some woman can only use a facility at all if there's a female only provision, and this is part of their diversity, intersectionality, identity, culture, all the stuff the TQ+ lobby bore on for England about, only total bastards who are MRAs would exclude those women.

There is no need for this to happen. It is down to the extreme selfishness of those from the TQ+ political lobby. And it's unjustifiably grim, colonialist behaviour.

Emotionalsupportviper · 08/03/2024 10:33

JanesLittleGirl · 07/03/2024 22:45

@DadJoke You can argue that transwomen are women until you are blue in the face but the Equality Act doesn't agree. If TW are W there would be no need for Schedule 3, Part 7, Paragraph 28 in that act.

Talking of the Equality Act, you have been trying to persuade us that excluding transwomen from the Ladies' pond would be unlawful under the EA and its associated statutory guidance. This is link to the EHRC guidance on sex and GR exceptions for service providers:

www.equalityhumanrights.com/sites/default/files/guidance-separate-and-single-sex-service-providers-equality-act-sex-and-gender-reassignment-exceptions.pdf

Careful reading of this guidance reveals that:

1 - excluding people with the PC of GR from a single sex facility is a proportionate means to achieve the legitimate aim of allowing access to people who would otherwise be prevented by their religion if a mixed sex facility is also provided.

2 - excluding people with the PC of GR from a single sex facility is a proportionate means to achieve the legitimate aim of protecting the dignity and privacy of that sex if a mixed sex facility is also provided.

3 - excluding people with the PC of GR from a single sex environment without providing a mixed sex alternative is not necessarily unlawful providing that there is a reasonable balance of impact on competing protected characteristics. If exclusion would cause a detrimental impact on 1,000 people with the PC of GR but cause a positive impact on 4,000 people with the PC of religion (practicing Moslems or Orthodox Jews) then that exemption would be lawful. The service provider would need to conduct an accurate survey to justify exclusion on this basis.

4 - there is no requirement to show that a majority of service users would benefit from the exercise of an exemption to exclude people with the PC of GR. A single letter or email from a woman who believes that including men with the PC of GR would remove her dignity or privacy or from a single Muslim or Orthodox Jewish woman who states that the presence of a biological man prevents her from accessing the service is enough for the provider to review their policy.

5 - any single sex provider who fails to justify their policy of allowing people with the PC of GR to use the facilities that they choose when challenged by a user from 4 will probably be acting unlawfully.

Readers may find it useful to retain the link to the guidance for the next time somebody tries to use Stonewall Law to justify men's access to women's single sex spaces.

Thank you.

I've saved this very clear post for the next time somebody tries to bamboozle us.

Emotionalsupportviper · 08/03/2024 10:39

DadJoke · 08/03/2024 00:45

@negeme you are tying yourself in semantic knots for absolutely no reason. It’s you, not me, who is using and defining “transwoman.” I don’t use that term. Trans woman is the term I use and only to differentiate them from non-transgender women. Transgender (adjective) woman (noun). I mean, really, look it up in a dictionary.

trans woman

plural trans women
: a transgender woman : a woman who was identified as male at birth

I cannot believe that you are so ignorant of the debate that you would think otherwise.

Edited

Speaking of "definition"

  1. noun - the act of defining, or of making something definite, distinct, or clear:

We're still waiting for your definition of "woman"

Nice to see though that you admit that a transwoman is ": a transgender woman : a woman who was identified as male at birth" - not "assigned".

That SEX identification is paramount.

Dictionary.com | Meanings & Definitions of English Words

The world's leading online dictionary: English definitions, synonyms, word origins, example sentences, word games, and more. A trusted authority for 25+ years!

https://www.dictionary.com/browse/define

theilltemperedclavecinist · 08/03/2024 11:02

MarkWithaC · 07/03/2024 19:08

DadJoke, I'm really interested; can you supply some statements as theilltemperedclavecinist asks?

(and no, the disquotation property/principle isn't particularly complicated).

Someone started a thread about lipstick, as a result of which I think I've got one:

'The only people who wear full-face make-up and lipstick in the office are 'women'.'

I don't think it's completely trivial, in that it identifies 'men' as unlikely to want to make themselves look more like 'women' when in a formal setting.

It is, though, still all about either enhancing or aping features associated with actual women aka femininity. So still weak.

DadJoke · 08/03/2024 11:04

Emotionalsupportviper · 08/03/2024 10:33

Thank you.

I've saved this very clear post for the next time somebody tries to bamboozle us.

This is not the EHRC statutory guidance, is legally dubious and has no standing in law. The current statutory guidance does, and has survived legal challenge in AEA vs EHRC.

in particular - this section was challenged and upheld

If a service provider provides single or separate sex services for women and men, or provides services differently to women and men, they should treat transsexual people according to the gender role in which they present. However, the Act does permit the service provider to provide a different service or exclude a person from the service who is proposing to undergo, is undergoing or who has undergone gender reassignment. This will only be lawful when the exclusion is a proportionate means of achieving a legitimate aim

The judgment also said:

that even if a service has met the first requirement by showing it needs to be a single or separate sex service in order to exclude men, nevertheless, it must also meet the second requirement to exclude transwomen where necessary.

So, everything I said about the guidance and the law is correct. In order to exclude trans women from women’s spaces, first the service provider has to decide to do so, and second, they must demonstrate this is LAP. We can argue about whether it is LAP or not, but that’s the law as it stands.

https://www.parliament.scot/-/media/files/committees/equalities-human-rights-and-civil-justice-committee/correspondence/2022/briefing-note-from-robin-white-on-ehrc-guidance.pdf

https://www.parliament.scot/-/media/files/committees/equalities-human-rights-and-civil-justice-committee/correspondence/2022/briefing-note-from-robin-white-on-ehrc-guidance.pdf

PriOn1 · 08/03/2024 11:14

theilltemperedclavecinist · 08/03/2024 11:02

Someone started a thread about lipstick, as a result of which I think I've got one:

'The only people who wear full-face make-up and lipstick in the office are 'women'.'

I don't think it's completely trivial, in that it identifies 'men' as unlikely to want to make themselves look more like 'women' when in a formal setting.

It is, though, still all about either enhancing or aping features associated with actual women aka femininity. So still weak.

But then, as I never wear make up anywhere, your definition of woman doesn’t include me.

Back to square one, which is what do women and men who claim they are women have in common that nobody else does?

And no, claiming to be a woman cannot be the answer, because you can’t claim to be something unless you can define what it is.

If men are claiming to be women, it implies they know what a woman is in order to want to be one and it’s perfectly obvious they’re relying on the fact that everyone knows what a woman is… only they don’t fit that category.

theilltemperedclavecinist · 08/03/2024 11:15

In order to exclude trans women from women’s spaces, first the service provider has to decide to do so, and second, they must demonstrate this is LAP. We can argue about whether it is LAP or not, but that’s the law as it stands.

Agree. And the EHRC document provides guidance about when it can be LAP.

You've got real old man shouts at cloud energy today, @DadJoke

Emotionalsupportviper · 08/03/2024 11:17

DadJoke · 08/03/2024 11:04

This is not the EHRC statutory guidance, is legally dubious and has no standing in law. The current statutory guidance does, and has survived legal challenge in AEA vs EHRC.

in particular - this section was challenged and upheld

If a service provider provides single or separate sex services for women and men, or provides services differently to women and men, they should treat transsexual people according to the gender role in which they present. However, the Act does permit the service provider to provide a different service or exclude a person from the service who is proposing to undergo, is undergoing or who has undergone gender reassignment. This will only be lawful when the exclusion is a proportionate means of achieving a legitimate aim

The judgment also said:

that even if a service has met the first requirement by showing it needs to be a single or separate sex service in order to exclude men, nevertheless, it must also meet the second requirement to exclude transwomen where necessary.

So, everything I said about the guidance and the law is correct. In order to exclude trans women from women’s spaces, first the service provider has to decide to do so, and second, they must demonstrate this is LAP. We can argue about whether it is LAP or not, but that’s the law as it stands.

https://www.parliament.scot/-/media/files/committees/equalities-human-rights-and-civil-justice-committee/correspondence/2022/briefing-note-from-robin-white-on-ehrc-guidance.pdf

Sez you!

Why would I believe anything told to me by a person who claims men can be women?

negeme · 08/03/2024 11:20

DadJoke · 08/03/2024 00:45

@negeme you are tying yourself in semantic knots for absolutely no reason. It’s you, not me, who is using and defining “transwoman.” I don’t use that term. Trans woman is the term I use and only to differentiate them from non-transgender women. Transgender (adjective) woman (noun). I mean, really, look it up in a dictionary.

trans woman

plural trans women
: a transgender woman : a woman who was identified as male at birth

I cannot believe that you are so ignorant of the debate that you would think otherwise.

Edited

"Nothing I have said depends on definitions of words. That's something you might think about ..."

-Or not. Please yourself.

theilltemperedclavecinist · 08/03/2024 11:21

PriOn1 · 08/03/2024 11:14

But then, as I never wear make up anywhere, your definition of woman doesn’t include me.

Back to square one, which is what do women and men who claim they are women have in common that nobody else does?

And no, claiming to be a woman cannot be the answer, because you can’t claim to be something unless you can define what it is.

If men are claiming to be women, it implies they know what a woman is in order to want to be one and it’s perfectly obvious they’re relying on the fact that everyone knows what a woman is… only they don’t fit that category.

Yes, I seem to have defined a 'man' (someone who never wants to look more womanly at the office) rather than a 'woman' (someone who might want to look more womanly at the office). Oh well.

DadJoke · 08/03/2024 11:26

theilltemperedclavecinist · 08/03/2024 11:15

In order to exclude trans women from women’s spaces, first the service provider has to decide to do so, and second, they must demonstrate this is LAP. We can argue about whether it is LAP or not, but that’s the law as it stands.

Agree. And the EHRC document provides guidance about when it can be LAP.

You've got real old man shouts at cloud energy today, @DadJoke

The statutory guidance does, and those are the examples to which you should refer, not the non-statutory guidance.

The judge in the AEA case said the best way to approach this is a legal challenge by someone affected, which has the added effect of more case law.

if you disagree with this use of the Pond, then find a service user who objects (I suspect the woman in the video would be up for it) do a crowd fund and challenge it.

theilltemperedclavecinist · 08/03/2024 11:32

DadJoke · 08/03/2024 11:26

The statutory guidance does, and those are the examples to which you should refer, not the non-statutory guidance.

The judge in the AEA case said the best way to approach this is a legal challenge by someone affected, which has the added effect of more case law.

if you disagree with this use of the Pond, then find a service user who objects (I suspect the woman in the video would be up for it) do a crowd fund and challenge it.

The judge in the AEA case said the best way to approach this is a legal challenge by someone affected, which has the added effect of more case law

Agree and there are relevant cases ongoing. Its a slow old process though, so I think we (not you, DadJoke) should be thinking about the clarifying amendment we want to see.

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