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Feminism: Sex and gender discussions

For Women Scotland heading for Supreme Court

1000 replies

Imnobody4 · 07/10/2024 23:19

You can read the reasons etc in For Women Scotlands crowdfunder. They are launching this review
UK Supreme Court: The Definition of Sex in the Equality Act

The Inner House of the Court of Session Judgment

We believe the Equality Act was drafted on the basis of the ordinary, common law understanding of the biological differences between the two sexes. The protected characteristic of “sex” in the Equality Act is defined as a reference to a man or a woman, where man means “a male of any age” and woman means “a female of any age”. We think it is quite clear that these are distinct and separate groups and that “woman” is not a mixed-sex category.

However, in our recent judicial review, For Women Scotland v The Scottish Ministers [2023] CSIH 37, the Inner House took the opposite view and decided there is a relationship between the Gender Recognition Act 2004 (GRA) and Equality Act 2010 and held that the meaning of sex in the Equality Act incorporated the GRA framework.

The court decision stated that a person with a Gender Recognition Certificate (GRC) in their acquired gender has the protected characteristic of gender reassignment. Separately, they also possess the protected characteristic of sex according to the terms of their GRC and have a presumptive right to access the single-sex services of their acquired gender.

The Supreme Court will consider a request brought by For Women Scotland (FWS) who argue there are “strong grounds” for its challenge, which will almost certainly overturn contentious Scottish government legislation if successful.Campaigners for women’s “sex-based” rights reacted with delight to the news, including Magi Gibson, the poet, who posted on X/Twitter, that it was “game on” on in the “fight for the protection of women’s rights within the UK legal system”.Dennis Noel Kavanagh, a lawyer and the director of Gay Men’s Network, said: “Getting permission to go to the Supreme Court is really hard and very rare but FWS have it. The question ‘what is a woman’ in law will now be heard by our highest court. Massive news.”

www.thetimes.com/article/088ae0ce-fba9-4b97-8331-01a32195bef5?shareToken=3ada340957f5d2af2e20b01a7c15da3b

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Ereshkigalangcleg · 26/11/2024 16:12

Adjourned for day, back 10.30 am

OneOfLittleConsequence · 26/11/2024 16:12

Is the helpful comment standard politeness or can we read hope into them?

Signalbox · 26/11/2024 16:12

Positive ending. Thanking Sex Matters for their assistance and judges found their submissions very helpful.

chilling19 · 26/11/2024 16:12

ArabellaScott · 26/11/2024 16:12

Judges grateful to Sex Matters, found their submissions very helpful.

Encouraging

CriticalCondition · 26/11/2024 16:13

The court makes a point of saying they are very grateful to Sex Matters and have found their submissions very helpful.

GCITC · 26/11/2024 16:13

The Judge thanks Sex Matters for their submission and comments that it has been very helpful.

Go SuperBen!

Boiledbeetle · 26/11/2024 16:13

Finally I can go for a pee. And the cat is loudly proclaiming its gone past 4 pm and where is her tea!

Ereshkigalangcleg · 26/11/2024 16:13

Ben was great. They both were, in quite different ways.

highame · 26/11/2024 16:13

He emphasised so am hoping he meant it

lonelywater · 26/11/2024 16:13

OneOfLittleConsequence · 26/11/2024 16:12

Is the helpful comment standard politeness or can we read hope into them?

I think thats just even handed politeness, thats all.

OhBuggerandArse · 26/11/2024 16:13

Judge said Sex Matters' submissions were 'very helpful' 👏

TeamKenwood · 26/11/2024 16:13

Glad he managed to highlight the phenomenon of male lesbians as the last point of the day.

chilling19 · 26/11/2024 16:14

So what (infuriating) submissions will we be listening to tomorrow? We may need to resurrect the Allison Bailey bingo card.

Janie143 · 26/11/2024 16:14

lonelywater · 26/11/2024 16:09

That was a real jaw dropper. I thought these people were supposed to be the best of the best and they dont know what physiological means? WTAF?

Maybe confused physiological with psychological. I know some very clever people who get them mixed up

OneOfLittleConsequence · 26/11/2024 16:15

Most oppressed and just want to pee will feature I think

ickky · 26/11/2024 16:16

@chilling19 Lord only knows. I imagine there will be a lot of confused questions from the Judges tomorrow seeking clarity.

ArabellaScott · 26/11/2024 16:16

Boiledbeetle · 26/11/2024 16:13

Finally I can go for a pee. And the cat is loudly proclaiming its gone past 4 pm and where is her tea!

Has your cat been speaking to my cat?

Shortshriftandlethal · 26/11/2024 16:16

lonelywater · 26/11/2024 16:13

I think thats just even handed politeness, thats all.

I reckon he's just got back into the judge's breakout area and is saying to the others: " Dear God! So a Transwoman is actually a man, and he still has his man parts intact, but beauase he's still attracted to women he now wants to be called a lesbian"

BefuddledCrumble · 26/11/2024 16:16

Oooo damn work.

Eagerly awaiting the youtube upload. It sounds like it was unmissable!

Conkerjar · 26/11/2024 16:18

@BefuddledCrumble your username just made me grin

dunBle · 26/11/2024 16:19

MarieDeGournay · 26/11/2024 15:57

'Always Men' - sounds like an aftershave, doesn't it?Grin

Or just sanitary towels for transmen

IwantToRetire · 26/11/2024 16:19

Have only just been able to start to follow - just as today's session ends.

Have found this thread reader of tribunal tweets but seems to be only the morning session. https://threadreaderapp.com/thread/1861350480472924453.html

Anyone know, if there is a thread for the afternoon?

Many thanks

Thread by @tribunaltweets on Thread Reader App

@tribunaltweets: Good morning. Today we cover For Women Scotland v The Scottish Ministers being heard at the Supreme Court. "Is a person with a full gender recognition certificate which recognises that their gender ...…

https://threadreaderapp.com/thread/1861350480472924453.html

MarieDeGournay · 26/11/2024 16:20

ArabellaScott · 26/11/2024 16:12

Judges grateful to Sex Matters, found their submissions very helpful.

I imagine the Sex Matters' submission was readable, the words meant something and it all made sense, and Their Worships [or whatever they're called], exhaled, kicked off their shoes, put their feet up on the desk, and raised a glass to William of Occam and his razor as they read it: just two categories, long established in society, readily distinguishable, supported by objective science, already legislated for - ahhhh that'll do nicely..😄

IwantToRetire · 26/11/2024 16:20

ickky · 26/11/2024 16:19

TT from this afternoon.

https://threadreaderapp.com/thread/1861403730244989121.html

Starts again tomorrow at 10.30am

Thanks, must have cross posted.

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