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Feminism: Sex and gender discussions
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35
EasternStandard · 03/06/2024 21:37

CassieMaddox · 03/06/2024 21:26

I have thanks. Here's a reminder - bold are the bits I think most relevant:

What is settled law:

  • The Equality Act protects both sex and gender reassignment. Sex refers to males of any age and females of any age. Gender reassignment refers to those who are proposing to undergo, are undergoing, or have undergone a process of changing attributes of sex.
  • Sex in law is, by default, biological sex. Everyone is legally classed as their biological sex except where a GRC changes sex for some purposes.
  • Being protected under gender reassignment does not change sex in law for any purpose. It protects against denial of employment, goods & services, or housing as compared to someone of the same biological sex who does not have the GR protected characteristic. So trans women by default men and are compared to non-trans men. (Green v Secretary of State for Justice).
  • Single-sex services are lawful. Schedule 3 of the Equality Act allows providers to set up and maintain single-sex services such as rape crisis centres and female-only changing rooms and toilets. It also allows them to exclude anyone on the basis of sex or gender reassignment once proportionate

What is currently uncertain:

  • Whether sex in the Equality Act means (i) biological sex or (ii) biological sex unless modified by a GRC.
  • Whether biological females are protected as a distinct group under the Equality Act.
  • How precisely the Schedule 3 exceptions which allow for single-sex services operate. If sex means sex as modified by a GRC these exceptions become more complicated to rely on and that can affect how useful they are in practice, given concerted campaigns to spread misinformation about the law here.
  • Whether single-sex associations defined by reference to biology (eg. Lesbian walking group, informal support network for female victims of male violence) are lawful. If sex doesn't mean biological sex, these are unlawful.
  • Whether trans men who become pregnant are protected from pregnancy discrimination. If a GRC modifies sex for the Equality Act they likely lose protection.
  • Whether sexual orientation is defined in the Act by reference to biological sex or biological sex unless modified by a GRC.

What this proposal will not do:

  • Remove the protected characteristic of gender reassignment.
  • Make it lawful to discriminate on the basis of gender reassignment in the provision of goods & services, employment, or housing.
  • Prevent services from offering a trans-inclusive service where proportionate.
  • Require a new analysis of biological sex. The common law position will be reverted to and there are decades of caselaw on how to define biological sex in law.

Did you delete

‘What this proposal will do’

From this list?

Why?

CassieMaddox · 03/06/2024 21:38

ResisterRex · 03/06/2024 21:33

A northern, working class, red headed woman. She's terrifying. Especially to feminists

Isn't this revealing? Stereotyping a woman as being "terrifying" because she is "northern, working class, red headed". Furthermore, that because of these features, feminists are scared of her. Meaning Rayner isn't a feminist.

I do agree on that latter point though. She is not. Nor is any woman who so happily betrays her own sex.

😂
A bit of a reach.
My opinion is lots of people hate Angela Rayner because she has smashed so many preconceptions of what a successful politician should be. It is rooted in misogyny a lot of the time.

EasternStandard · 03/06/2024 21:39

This was deleted from the X thread. Why?

Are we at the stage where positive facts need to be deleted?

What this proposal will do:

  • Clarify that sex in the Equality Act means biological sex, referring to the ordinary common law position from Corbett v Corbett.
  • Make it clear that single-sex services and associations are defined by reference to biological sex.
  • Make it clear that trans men are protected from pregnancy discrimination regardless of whether they have a GRC.
  • Make gender reassignment a reserved matter, preventing devolved parliaments such as in Scotland from legislating to introduce Self-ID, ensuring that the continuing operation of the s35 Order blocking the GRR Bill.
CassieMaddox · 03/06/2024 21:40

EasternStandard · 03/06/2024 21:37

Did you delete

‘What this proposal will do’

From this list?

Why?

Just a bad c&p - I'm on my phone and didn't notice

What this proposal will do:

  • Clarify that sex in the Equality Act means biological sex, referring to the ordinary common law position from Corbett v Corbett.

- Make it clear that single-sex services and associations are defined by reference to biological sex.

  • Make it clear that trans men are protected from pregnancy discrimination regardless of whether they have a GRC.

- Make gender reassignment a reserved matter, preventing devolved parliaments such as in Scotland from legislating to introduce Self-ID, ensuring that the continuing operation of the s35 Order blocking the GRR Bill.

NoWordForFluffy · 03/06/2024 21:40

It is rooted in misogyny a lot of the time.

As is claiming that those of us women who don't agree with you in relation to Labour's / the Tories' position have been manipulated in some way. Might as well pat us on the head and say 'there, there'.

ResisterRex · 03/06/2024 21:41

Cassie it's not "a reach". It's you stereotyping a female politician.

CassieMaddox · 03/06/2024 21:41

I think the root of the argument is the "Make it clear...." line. Labour (and the Tories in January last year) say it already clear enough. The Tories now disagree.

ArabellaScott · 03/06/2024 21:42

Well, I've had my fill of emoji based bullshit for one day.

borntobequiet · 03/06/2024 21:42

Isn’t it strange that I can admire both Angela Rayner and Kemi Badenoch as intelligent, articulate, successful women, and agree with both of them on some things while disagreeing vehemently with them on others? And that I can agree with some things political parties stand for and disagree with others, on both left and right? It’s almost as though I have a mind of my own.
Redefining sex as biological sex at birth will clear up many people’s misconceptions. It will startle those who thought it was obvious and didn’t need clarifying, and enlighten those who hadn’t realised that, in fact, men’s and women’s physiology is entirely different and incapable of magical transformation from one to the other.

CassieMaddox · 03/06/2024 21:43

ResisterRex · 03/06/2024 21:41

Cassie it's not "a reach". It's you stereotyping a female politician.

It was sarcasm! Obviously, in response to the bog standard "I don't like Angela Rayner, she calls people scum".

Listen to the podcast. She is awesome, we need more women like her in politics.

StMarieforme · 03/06/2024 21:43

This is to ensure that he gets the vote of people who want this. He hopes you'll forget all the other shitty things he's done.
Don't be fooled.

NoWordForFluffy · 03/06/2024 21:44

StMarieforme · 03/06/2024 21:43

This is to ensure that he gets the vote of people who want this. He hopes you'll forget all the other shitty things he's done.
Don't be fooled.

Another head pat, 'there there', comment!

BIossomtoes · 03/06/2024 21:49

NoWordForFluffy · 03/06/2024 21:28

If you look at the requirements, you either need a diagnosis of gender dysphoria, plus have been living as your preferred gender for two years. Or you don't have a diagnosis, but have lived as your preferred gender for 6 years and have had gender reassignment surgery.

At some point, both of those cohorts will have had medical contact (the first to get diagnosis, the second to have had surgery). So it can't be true that no medical / clinical involvement has been had.

I imagine access to medical records would allow a legal panel to assess whether you meet the diagnosis / living as or living as / surgery requirements.

My quote describes the decision making process - which does not necessarily involve anyone with medical training. It says or lawyers, not and.

BIossomtoes · 03/06/2024 21:51

ResisterRex · 03/06/2024 21:41

Cassie it's not "a reach". It's you stereotyping a female politician.

It’s a parody of someone stereotyping a female politician.

NoWordForFluffy · 03/06/2024 21:52

BIossomtoes · 03/06/2024 21:49

My quote describes the decision making process - which does not necessarily involve anyone with medical training. It says or lawyers, not and.

Edited

But they will either already have a diagnosis of gender dysphoria from a medical professional OR they've undergone gender reassignment surgery (hopefully!) from a medical professional.

Given that both of those can be checked via medical records, a legal panel is perfectly able to then assess the 'living as' requirement, as that's a fact / legal-based decision.

So of course both cohorts have had clinical input along the way.

Helleofabore · 03/06/2024 21:53

CassieMaddox · 03/06/2024 21:02

No. I don't. Neither does Susannah Reid. Neither of us are stupid women so I think its probably to do with the fact the Conservatives position is hard to follow unless you are a fan.

Here I have lifted it from the transcript of the interview that you, yourself, keep posting.

She says:

"if you as an organization say this is the service we provide it is only for biological women, you can't be sued by someone with a gender recognition certificate"

She then goes on to discuss 'legal sex' and how legal sex has not changed Biological Sex. She then says:

”I said we clarifying the law to say that the equality act where it refers to sex is talking about biological sex”

Sure, she is confusing. But once you understand that she also seems to be attempting to escape the flak from activists in repeating that in some instances that male people will be still allowed into spaces designated for 'Biological Sex and those with gender of woman', you cut through some of the confusion.

It also helps to not go into listening to this interview viewing it as something to mock and denigrate, and to actually listen to what she is and isn't saying.

She is quite clear in the part of the interview that you keep posting and pointing to as if it is saying something that it isnt. She keeps repeating that biological sex and 'legal' sex are different and should be separate if an organisation states that they are saying they are biological sex only . She is very clear that legal sex should refer to gender and that 'within the equality act, 'sex' means Biological Sex'.

That she mentions preventing organisations being sued, well, she says that she is hoping to prevent people with GRC from suing organisations that exclude them. It is right there in the longer interview. So, even when she is discussing organisations being sued, she used 'by those with a GRC' when they are excluded.

If it helps, I will post the timings where she says these things so you can see it. What makes it confusing is that Ed Balls is trying to mischaracterise what she is saying and she is not giving in to that mischaracterisation.

He is saying 'I read the newspapers and I assumed you were saying the opposite I thought you were going to to legislate to say that people cannot change their sex at Birth where you're actually telling us you're going to clarify the law to say that somebody can change their legal sex which is very different.'

She then is clear and says:
“I’m sorry Ed, that's not that's not what I said we clarifying the law to say that the equality act where it refers to sex is talking about biological sex . You can change your gender, uh of course, you can that is why we have uh transgender people. But we want transgender to mean transgender. Sex is immutable. Biological sex is immutable, it doesn't matter what a piece of paper says. You cannot change your sex”

The full interview is here, and there is a transcript which I have copied and pasted so that I hope that you can see that you have indeed misunderstood.

Can you please post the sections that you believe she is saying that a male person with a GRC will still be able to access a space designated as being for biological women only - in other words, where a male person with a GRC will be able to access a single sex female space designated as such using an exception under the EA2010?

Maybe post the time stamp so we can all see what you have been laughing at all day.

Tories to 'End Confusion' Over Gender

The conservatives today will promise to amend the Equality Act to ensure the protected characteristic of sex is defined as biological sex.Ed Balls questions ...

https://youtu.be/QfG9cI4_FBI?feature=shared

BIossomtoes · 03/06/2024 21:54

Along the way is not the same as the decision maker. You’re being disingenuous because the current reality doesn’t suit your argument.

BackToLurk · 03/06/2024 21:54

StMarieforme · 03/06/2024 21:43

This is to ensure that he gets the vote of people who want this. He hopes you'll forget all the other shitty things he's done.
Don't be fooled.

I don’t think it is tbh. It’s much more likely to be a cat among the pigeons policy. The Tories know they’re going to lose badly, this is about disrupting Labour rather than winning votes.

EasternStandard · 03/06/2024 21:54

NoWordForFluffy · 03/06/2024 21:52

But they will either already have a diagnosis of gender dysphoria from a medical professional OR they've undergone gender reassignment surgery (hopefully!) from a medical professional.

Given that both of those can be checked via medical records, a legal panel is perfectly able to then assess the 'living as' requirement, as that's a fact / legal-based decision.

So of course both cohorts have had clinical input along the way.

Thanks for this

Helleofabore · 03/06/2024 21:57

ArabellaScott · 03/06/2024 21:31

Northern? Whit?! What the fuck does her hair colour have to do with the price of cheese?

All I know about her is she calls other human beings 'scum'.

Calling other human beings 'scum' is highly suspect in my opinion.

NoWordForFluffy · 03/06/2024 21:58

BIossomtoes · 03/06/2024 21:54

Along the way is not the same as the decision maker. You’re being disingenuous because the current reality doesn’t suit your argument.

No I'm not. You not understanding the criteria doesn't make me disingenuous.

You either need a diagnosis of gender dysphoria by a medical professional or have had gender reassignment surgery by a medical professional. Plus the 'living as' requirement.

What part of this are you finding confusing to understand? You'll have one (or both!) of those before you can go before the panel on the 'living as' part of the criteria alongside.

NoWordForFluffy · 03/06/2024 21:59

To continue: the 'decision maker' doesn't have to be the one diagnosing or performing the surgery. But you do have to have had one or both, plus the 'living as' requirement to get the GRC.

BIossomtoes · 03/06/2024 22:03

So why the consternation about a GP being the decision maker? The requirements wouldn’t change.

Helleofabore · 03/06/2024 22:05

CassieMaddox · 03/06/2024 21:31

I think so. Until last year this was also the Conservative government position.

https://petition.parliament.uk/petitions/623243
Update the Equality Act to make clear the characteristic “sex” is biological sex
Under the Equality Act 2010, providers are already able to restrict the use of spaces/services on the basis of sex and/or gender reassignment where justified. Further clarification is not necessary.

And Kemi says in the very interview that you keep posting:

“the problem is that people have been wrongly interpreting it since is that right . So the equality the the equality act has sex as a protected characteristic and it also provides exemptions for single sex services. But we've seen lots of employment tribunals, lots of court cases where the the word is being used ambiguously. Being used to be synonymous with gender. So we are providing clarification about what it means so that public authorities, private institutions know what the law states.”

“There's been much confusion because organizations like Stonewall have put out guidance. People have been measuring themselves against other people's guidance. Other people's interpretation of the law. We are emphasizing what the law is to make sure that we can protect women and children”

So, because of the court cases and the misrepresentation, the government now felt it had to act. In other words, they responded to what was happening and the confusion to try to ensure that they could make it very clear.

She has also stated that she was due to put something to parliament later this year but the election was called. Meaning, she has all the work done, and she is ready to go with this.

Here you go: Here is the link to that interview you keep posting just so that you can see what she is saying.

LastTrainEast · 03/06/2024 22:05

My first problem with this is that the act always did mean biological women. It doesn't need changing. Instead those claiming they turned into women by magic need slapping down. If a burglar claimed a new interpretation of "ownership" that wouldn't fly would it.

But even if it passed it only allows employers, councils, companies etc to keep men out of women's spaces if they want to and they don't want to. Remember we don't even have a self ID law so it should only be GRC holders now, but they are all so eager to abuse women they acted as though it was a law and held the door open for all the men and punished women who spoke up.

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