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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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35
Szygy · 27/11/2024 11:32

This would be a good place for the ‘pregnant man’ questions.

ItsAllGoingToBeFine · 27/11/2024 11:32

BettyFilous · 27/11/2024 11:31

This submission is making me cross. There is no recognition that other people have rights too and in a functioning society you can’t just ignore everyone else.

Surely the judges will recognise that. Isn't one of the main themes of the EA about balancing rights?

Boiledbeetle · 27/11/2024 11:33

OneOfLittleConsequence · 27/11/2024 11:31

Are we going to get to what living as a woman is? I hope I’m doing it right

I doubt you are doing it right. Unless you have a GRC, that seems to be the only way to be living as a woman correctly.

fanOfBen · 27/11/2024 11:34

Ah, she also doesn't believe a word she's saying. Jolly good.

Redshoeblueshoe · 27/11/2024 11:34

I've just had to turn it off. My brain can't cope with all this bollocks.

Shortshriftandlethal · 27/11/2024 11:34

"Two doctors/gender specialists to sign off, after two years living in opposite gender" ( is this really considered onerous?)

ArabellaScott · 27/11/2024 11:35

requirements:

2 medical reports - inc a diagnosis of gender dysphoria
2 statutory declarations

'there doesn't have to be treatment' - judge Rose

ILikeDungs · 27/11/2024 11:35

'great personal cost'
'onerous conditions to be met'
'living as the other'

But is any of this really true

Boiledbeetle · 27/11/2024 11:35

Shortshriftandlethal · 27/11/2024 11:31

Onerous conditions.......

As someone who has had to fill in a PIP form and be assesed, they can fuck off with their onerous conditions

Shortshriftandlethal · 27/11/2024 11:35

Boiledbeetle · 27/11/2024 11:33

I doubt you are doing it right. Unless you have a GRC, that seems to be the only way to be living as a woman correctly.

Genderists suggest that to live as a woman you have to use women's facilities......of course.

Signalbox · 27/11/2024 11:35

All these requirements are potentially changeable aren't they? And the Scottish Government wanted self ID and Labour are planning to scrap all these "onerous" requirements so I don't understand why any of this is relevant.

ArabellaScott · 27/11/2024 11:35

lived in acquired gender for 2 years
declaration to live in gender til death

Mmmnotsure · 27/11/2024 11:35

J so there needs to be details of treatments but no actual treatment

Barrister Yup

CriticalCondition · 27/11/2024 11:35

Judge seeks confirmation that there doesn't have to be treatment...

ArabellaScott · 27/11/2024 11:36

Judge Rose is keen to know more about this. Good.

ArabellaScott · 27/11/2024 11:36

'future intention requirement' - you mean they must pinky promise

HarpQuartet · 27/11/2024 11:36

My mind is wandering - did she say something like "living as the acquired gender as opposed to becoming that gender abroad"?

SallyForf · 27/11/2024 11:37

My laptop keeps crashing so am missing loads.

ArabellaScott · 27/11/2024 11:37

judge question - 'living in acquired gender?'

ArabellaScott · 27/11/2024 11:37

'using pronoun, various documents'

holiverterwist · 27/11/2024 11:37

So are you going to say anything about living in the acquired gender?

She's going to come back to that (after she's got her shit together in the break)

ILikeDungs · 27/11/2024 11:37

"I'll come back to that..."

CriticalCondition · 27/11/2024 11:37

J Are you going to say anything about living in the acquired gender?

Boiledbeetle · 27/11/2024 11:37

ArabellaScott · 27/11/2024 11:35

lived in acquired gender for 2 years
declaration to live in gender til death

And yet Freddy after getting a GRC to be a man, promptly got pregnant!

ArabellaScott · 27/11/2024 11:38

It's confusing because they are referring to guidance and Acts that have been updated.

'What it means to show that you've lived in the aquired gender, what is your position on that'

'after lunch, milady'

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