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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

OP posts:
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ArabellaScott · 27/11/2024 10:56

'RC says unlike AO yesterday, she's not going to go into any historical perorations. She's just going to focus on whether the law in s9i means someone with a GRC becomes a man or a woman under the EA'

https://x.com/nickwallis/status/1861725641634156903

x.com

https://x.com/nickwallis/status/1861725641634156903

NoBinturongsHereMate · 27/11/2024 10:57

Shortshriftandlethal · 27/11/2024 10:56

All this submission is doing is making very plain and clear the mess that is the GRA.

It's also doing a proper number on the non-binary/gender fluid community.

fanOfBen · 27/11/2024 10:57

Does someone quickly have to hand where someone was live-tweeting on the TRA side? Would be interesting to follow what someone on that side thinks of what's going on here...

musicalfrog · 27/11/2024 10:57

Also having to stop my multi tasking and focus here....

Shortshriftandlethal · 27/11/2024 10:58

She's got a dry mouth; she's nervous, and she knows she is being manipulative with the legal detail.

ArabellaScott · 27/11/2024 10:58

'The consequences of a GRC is not just a legal fiction or symbolic. It has far reaching consequences, which are not just vertical ... state/individual and data recording ... it has we would say ... horizontal effects regarding relationships between individuals and private organisations. The consequence of a GRC is one of legal status and can ... properly categorised as a fundamental right' (paraphrase)

Boiledbeetle · 27/11/2024 10:58

This is going to be a long day

holiverterwist · 27/11/2024 10:59

She's got a hard job here. It's all nonsense. She must know it is nonsense. The judges' know its nonsense.

OneOfLittleConsequence · 27/11/2024 10:59

ArabellaScott · 27/11/2024 10:58

'The consequences of a GRC is not just a legal fiction or symbolic. It has far reaching consequences, which are not just vertical ... state/individual and data recording ... it has we would say ... horizontal effects regarding relationships between individuals and private organisations. The consequence of a GRC is one of legal status and can ... properly categorised as a fundamental right' (paraphrase)

Edited

Word salad? Or can someone explain where we’re going here?

GCITC · 27/11/2024 10:59

fanOfBen · 27/11/2024 10:57

Does someone quickly have to hand where someone was live-tweeting on the TRA side? Would be interesting to follow what someone on that side thinks of what's going on here...

bsky.app/profile/reactiveashley.bsky.social/post/3lbwd7oedla2k

holiverterwist · 27/11/2024 11:00

Well they're probably been literally erased.

Chersfrozenface · 27/11/2024 11:01

NoBinturongsHereMate · 27/11/2024 10:57

It's also doing a proper number on the non-binary/gender fluid community.

Thing is, they're arguing about the current law. Which only recognises two genders.

As court cases have shown.

musicalfrog · 27/11/2024 11:01

holiverterwist · 27/11/2024 11:00

Well they're probably been literally erased.

🤣

GCITC · 27/11/2024 11:02

Mere solicitor is also live tweeting

bsky.app/profile/ameresolicitor.bsky.social/post/3lbwbta76ks2e

ArabellaScott · 27/11/2024 11:03

Human right/fundamental right to be recognised in your own 'gender'

ArabellaScott · 27/11/2024 11:04

'no more a legal fiction than adoption'

Appalonia · 27/11/2024 11:04

Likening a GRC to adoption!

SallyForf · 27/11/2024 11:04

Now onto adoption and legal fiction (or not).

musicalfrog · 27/11/2024 11:04

Jeepers. They went there.

TeamKenwood · 27/11/2024 11:04

Feel bad about casting aspersions at the Justices yesterday. They’re very proactive today!

ItsAllGoingToBeFine · 27/11/2024 11:05

Why is a GRC different to an adoption?

SallyForf · 27/11/2024 11:05

TeamKenwood · 27/11/2024 11:04

Feel bad about casting aspersions at the Justices yesterday. They’re very proactive today!

They really are!

OneOfLittleConsequence · 27/11/2024 11:05

Yes but medically adopted children aren’t treated as though the biological child of their adoptive parents.

and they are recognised as adopted when it comes to education, safeguarding, etc.

Szygy · 27/11/2024 11:06

That’s a completely false equivalence surely

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