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Feminism: Sex and gender discussions
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Waitwhat23 · 06/03/2024 14:20

RCC deciding to set up a trans-exclusionary centre for gender critical women (Rowling has).

Careful, your ideology is showing.....

MarkWithaC · 06/03/2024 14:21

DadJoke · 06/03/2024 14:17

No. The first statement is always true, the second, plus case law, determines the validity of the exceptions. For example, a support group for people with cervical cancer can clearly exclude trans women.

I am reasonably well versed in the case law around this, with Mackereth being the most recent. Certainly all the cases referred to in the article, plus FPW and Sex Matters. If you know of others, I'll take a look.

The most interesting will be the attempt to force trans exclusion on the Brighton Rape Crisis Centre. The law says that a provider CAN exclude trans women, and I can se no issue under the law with a RCC deciding to set up a trans-exclusionary centre for gender critical women (Rowling has).

This case will determine if they can be forced to do so. It's quite a clever framing, because it doesn't demand that trans women are excluded, merely that there be a trans-exclusive group. It's a wedge. I look forward to seeing the judgment.

An RCC that is single-sex is not by definition 'for gender critical women'.

Emotionalsupportviper · 06/03/2024 14:47

DadJoke · 06/03/2024 13:53

It does not. They are both protected characteristics, which interact in a complex way in the EqA. Just don't conflate "being gender critical" with woman.

There is a host of literature in medical and scientific journals on the nature of gender identity. Try google.

I've tried google, thanks.

It just comes up with the usual circular arguments and feelings in people's heads. Nothing real at all.

And gender reassignment* is a protected characteristic in that people can't be discriminated against because of it - "gender identity" isn't protected at all. You can't legally protect something that has no definition in law.

*Gender reassignment is very specific - and even then the Act specified that people with GRCs didn't have carte blanche to barge in anywhere and everywhere. The safety, dignity and privacy of sex was paramount, and where this would be compromised, it was legal to make exceptions excluding men from women's spaces, and women from men's.

And I certainly don't equate "being gender critical with woman" - I know plenty of men who are gender critical, too. I equate being gender critical with being truthful about the effects of biology ie men are male, women are female , and nobody can change sex.

Just don't conflate gender with sex. Stick with sex as the distinguishing characteristic - it can be observed and validated, unlike "gender'.

Emotionalsupportviper · 06/03/2024 14:50

Waitwhat23 · 06/03/2024 14:20

RCC deciding to set up a trans-exclusionary centre for gender critical women (Rowling has).

Careful, your ideology is showing.....

Plus - it isn't a "trans-exclusionary centre" as far as I am aware. Trans-identifying women (ie "transmen") will be accepted because they are female.

SinnerBoy · 06/03/2024 14:50

DadJoke · Today 13:49

I know your views reflect you protected gender critical beliefs, but the law, with exceptions, treats trans women as women for the purposes of access to single-sex spaces, and trans men as men.

The law supports organisations which want to exclude transw, for the lawful purpose of preserving the privacy and dignity of women, if they wish to do so.

SinnerBoy · 06/03/2024 14:52

Emotionalsupportviper · Today 14:47

And I certainly don't equate "being gender critical with woman" - I know plenty of men who are gender critical, too.

Yes, that describes me (a man).

Treaclewell · 06/03/2024 15:16

I keep hearing Mr Bumble in Oliver Twist whenever I read a particular poster. "If that is what the law supposes, the law is an ass" Probably misquoting a bit.

ScrollingLeaves · 06/03/2024 16:03

DadJoke · 06/03/2024 13:01

Excluding some women from the women's pool because some other women want them excluded is not legitimate or proportionate, and their legal advice apparently said the same thing. The statutory guidance makes this clear.

The only way this can be tested in law is to set up a single sex swimming pool session, exclude trans women from it, and then have a trans woman sue. There are some pick-mes who might even help you with that.

DadJoke
Are you talking about transwomen with or without a GRC?

Ereshkigalangcleg · 06/03/2024 16:38

Hampstead women's pond isn't short of pick mes.

theilltemperedclavecinist · 06/03/2024 16:51

DadJoke · 06/03/2024 14:17

No. The first statement is always true, the second, plus case law, determines the validity of the exceptions. For example, a support group for people with cervical cancer can clearly exclude trans women.

I am reasonably well versed in the case law around this, with Mackereth being the most recent. Certainly all the cases referred to in the article, plus FPW and Sex Matters. If you know of others, I'll take a look.

The most interesting will be the attempt to force trans exclusion on the Brighton Rape Crisis Centre. The law says that a provider CAN exclude trans women, and I can se no issue under the law with a RCC deciding to set up a trans-exclusionary centre for gender critical women (Rowling has).

This case will determine if they can be forced to do so. It's quite a clever framing, because it doesn't demand that trans women are excluded, merely that there be a trans-exclusive group. It's a wedge. I look forward to seeing the judgment.

You are arguing with yourself again. You and I agree about what the law says, but have different aspirations as to its interpretation.

Your characterisation of the BRCC case as a 'clever framing' and a 'wedge' is sickening. Because the law has been turned into a dog's breakfast, a traumatised woman has been forced to call on the protection of sex discrimination legislation in the hope of getting help in a women-only setting. No wedge involved, because the service would be as well as, not instead of the trans-inclusive service.

I'm looking forward to seeing Counsel explain why it is so important to make sure that a rape victim be refused help unless she lets a man get involved in the process, and why it is only women who are refused a specialised service.

And don't forget the man in the picture - a TW who wants to be in the room while she shares her rape trauma even though he knows she doesn't want him there. WTAF is wrong with him?

And WTAF is wrong with you?

Waitwhat23 · 06/03/2024 16:52

theilltemperedclavecinist · 06/03/2024 16:51

You are arguing with yourself again. You and I agree about what the law says, but have different aspirations as to its interpretation.

Your characterisation of the BRCC case as a 'clever framing' and a 'wedge' is sickening. Because the law has been turned into a dog's breakfast, a traumatised woman has been forced to call on the protection of sex discrimination legislation in the hope of getting help in a women-only setting. No wedge involved, because the service would be as well as, not instead of the trans-inclusive service.

I'm looking forward to seeing Counsel explain why it is so important to make sure that a rape victim be refused help unless she lets a man get involved in the process, and why it is only women who are refused a specialised service.

And don't forget the man in the picture - a TW who wants to be in the room while she shares her rape trauma even though he knows she doesn't want him there. WTAF is wrong with him?

And WTAF is wrong with you?

Well said.

IwantToRetire · 06/03/2024 16:57

It is really a shame that given what must now be the hundreds of threads on FWR on how the single sex exemptions (SSE) work are still being discussed.

The law allows for single sex (ie biological fact) provision where it is proportionate.

So please can we stop talking about the law but about why some institutions and services think that single sex provision is NOT proportionate.

ie why does the committee think that in terms of women's swimming it isn't proportionate for it to provide single sex swimming (particularly in this case when there are other ponds). Why does the committee think biological women are less important than trans women (with or without a GRC?).

Why does the NHS think that single sex provision for women in not important? It is a huge organisation but has decided than trans women's rights are more important than biological women's rights.

Let alone toilet provision whether public, at work or in schools.

The law is there but it isn't being used.

We need to be discussing the capture of the decision makers.

Or, as has also been discussed, the fact that so many institutions, including the civil service, BBC etc., all seem to have somehow been infiltrated by those who think the rights of biological females are not as important as TW's.

Being onf FWR can feel a bit like Ground Hog Day.

DrBlackbird · 06/03/2024 17:01

Be nice to have an answer to that question but likely it’d be along the lines of raped women not being allowed to weaponise their trauma. ‘… attempt to ‘force trans exclusion’ ffs. Talk about clever framing when BRRC already has a trans group. Can I add this jewel of an item to the ‘hating men’ thread?

theilltemperedclavecinist · 06/03/2024 17:06

IwantToRetire · 06/03/2024 16:57

It is really a shame that given what must now be the hundreds of threads on FWR on how the single sex exemptions (SSE) work are still being discussed.

The law allows for single sex (ie biological fact) provision where it is proportionate.

So please can we stop talking about the law but about why some institutions and services think that single sex provision is NOT proportionate.

ie why does the committee think that in terms of women's swimming it isn't proportionate for it to provide single sex swimming (particularly in this case when there are other ponds). Why does the committee think biological women are less important than trans women (with or without a GRC?).

Why does the NHS think that single sex provision for women in not important? It is a huge organisation but has decided than trans women's rights are more important than biological women's rights.

Let alone toilet provision whether public, at work or in schools.

The law is there but it isn't being used.

We need to be discussing the capture of the decision makers.

Or, as has also been discussed, the fact that so many institutions, including the civil service, BBC etc., all seem to have somehow been infiltrated by those who think the rights of biological females are not as important as TW's.

Being onf FWR can feel a bit like Ground Hog Day.

Yes, even the worked examples in the Act are ignored. I think women must have become invisible somehow.

Emotionalsupportviper · 06/03/2024 17:11

Invisible @theilltemperedclavecinist , and our tiny, high-pitched voices can be heard only by (grumpy old) bats . . . .

Froodwithatowel · 06/03/2024 18:47

It is becoming apparent that legislation is (eventually) going to have to restore and enforce women's equality, because men given the option will just take everything without conscience and stupid women will help them for head pats and good girl cookies.

LA (tax payer) funding absolutely should be conditional on female only facilities being provided, by law, alongside whatever other facilities the LA feels inspired to provide, and I would hope there are accessible options for everyone.

Which is the humane and GC position incidentally. Equal and accessible facilities for all. Instead of the TQ+ political party line of 'ha, we get EVERYTHING and you GET NOTHING, sucks to be you!' grotty toddler style thinking.

Ereshkigalangcleg · 06/03/2024 18:50

Instead of the TQ+ political party line of 'ha, we get EVERYTHING and you GET NOTHING, sucks to be you!' grotty toddler style thinking.

Perfectly put! It's childish, entitled and unfair.

Ereshkigalangcleg · 06/03/2024 18:51

Moreover it's a punishment for denying their ideology.

ScrollingLeaves · 06/03/2024 19:08

theilltemperedclavecinist · 06/03/2024 16:51

You are arguing with yourself again. You and I agree about what the law says, but have different aspirations as to its interpretation.

Your characterisation of the BRCC case as a 'clever framing' and a 'wedge' is sickening. Because the law has been turned into a dog's breakfast, a traumatised woman has been forced to call on the protection of sex discrimination legislation in the hope of getting help in a women-only setting. No wedge involved, because the service would be as well as, not instead of the trans-inclusive service.

I'm looking forward to seeing Counsel explain why it is so important to make sure that a rape victim be refused help unless she lets a man get involved in the process, and why it is only women who are refused a specialised service.

And don't forget the man in the picture - a TW who wants to be in the room while she shares her rape trauma even though he knows she doesn't want him there. WTAF is wrong with him?

And WTAF is wrong with you?

Thank you for explaining those points so clearly in contraction of DadJoke’s assertions.

Froodwithatowel · 06/03/2024 19:30

I'm looking forward to seeing Counsel explain why it is so important to make sure that a rape victim be refused help unless she lets a man get involved in the process, and why it is only women who are refused a specialised service.

And don't forget the man in the picture - a TW who wants to be in the room while she shares her rape trauma even though he knows she doesn't want him there. WTAF is wrong with him?

Very well said.

There's a hell of a lot wrong with him. And everyone who thinks the main purpose of rape support for women is to provide supply and experiences for men.

ArabellaScott · 06/03/2024 19:53

Emotionalsupportviper · 06/03/2024 14:50

Plus - it isn't a "trans-exclusionary centre" as far as I am aware. Trans-identifying women (ie "transmen") will be accepted because they are female.

Exactly. It's a women only facility. That excludes males, whatever identity they claim.

JellySaurus · 06/03/2024 22:01

DadJoke · 06/03/2024 12:53

No. They are women, and want to swim with women. That's a disadvantage.

In order to have a rational discussion with someone, you have to have a common language.

Redefining words to suit your narrative is the bully's tactic to win at all costs.

SinnerBoy · 07/03/2024 09:40

theilltemperedclavecinist · Yesterday 16:51

And don't forget the man in the picture - a TW who wants to be in the room while she shares her rape trauma even though he knows she doesn't want him there. WTAF is wrong with him?

I assume that it's because them is a twisted, sadistic bully.

DadJoke · 07/03/2024 10:02

SinnerBoy · 06/03/2024 14:52

Emotionalsupportviper · Today 14:47

And I certainly don't equate "being gender critical with woman" - I know plenty of men who are gender critical, too.

Yes, that describes me (a man).

Gender critical people conflate all women with gender critical women. Of course there are gender critical men. Most gender critical people are men.

ArabellaScott · 07/03/2024 10:03

DadJoke · 07/03/2024 10:02

Gender critical people conflate all women with gender critical women. Of course there are gender critical men. Most gender critical people are men.

Why are you here on the feminist board on Mumsnet, Dadjoke?