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Feminism: Sex and gender discussions

Trans former judge to take government to ECHR

475 replies

CervixSampler · 29/04/2025 09:58

Trans former judge is taking the government to the European Court of Human Rights over SC ruling

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SerendipityJane · 30/04/2025 15:52

If Strasbourg even hears this case,

If more people remembered Laconia, this thread could have been condenses to two letters 😀

DrudgeJedd · 30/04/2025 16:11

SerendipityJane · 30/04/2025 15:52

If Strasbourg even hears this case,

If more people remembered Laconia, this thread could have been condenses to two letters 😀

Well at least the crowdfunding will keep the lights on at GLP's snazzy Covent Garden offices for a while.

borntobequiet · 30/04/2025 16:19

CleaningSilverCandlesticks · 30/04/2025 08:55

They weren’t ever ok; women were never asked. Not one woman treats a space with a man in it the same as a single sex space, not even TRAs. Most women would keep their head down, avert eyes and leave as quickly as possible, steering young children discretely out the way. TRA women would fawn in order to try and placate the instinctive threat but kid themselves they were being ‘inclusive’.

I meant they had nothing to complain about, not that what they did was OK.

EasternStandard · 30/04/2025 17:11

WeeBisom · 30/04/2025 14:02

Here's why I think McCloud is bringing an action under Article 6 and I why I think it will fail.

If McCloud wanted to bring an action saying his privacy rights were violated by this decision (Article 8) or that it was cruel treatment to trans people (Article 3), McCloud would first need to have had these rights violated by a service provider (or it be likely that this would happen). He would then need to exhaust the remedies in the English courts first before going to Strasbourg - Strasbourg is a court of last resort. At worst, this could end up with a case going to the Supreme Court again which could take years and years. And then there's a massive waiting list to even be heard at Strasbourg (at least 5 years).

By going down the Article 6 route, what McCloud can do is bypass all that and argue that the way the Supreme Court made their decision was so unfair it violated McCloud's right to a fair trial. That is in itself a rights violation that can be heard by Strasbourg.

However, I think the case under Article 6 is likely to fail. I would be very surprised if Strasbourg even grants permission for this claim to be heard (they reject most of the cases they receive).

McCloud says the basis of the Article 6 claim is "that the supreme court refused to hear me, or my evidence, to provide them with information about the impact on those trans people affected by the judgment and failed to give any reasons.”

So, by not allowing McCloud to intervene in the case, and by not giving reasons for not allowing the intervention, the Supreme Court breached McCloud's Article 6 rights to a fair trial.

The problem is, individual people have never, as of right, been granted standing to be able to participate in Supreme Court proceedings if they aren't a party to the proceedings. You can't just participate and intervene in any case you like just because you have strong feelings about it and are liable to be impacted by a decision. The Supreme Court balances this by allowing NGOS and representative groups to participate in proceedings (such as Amnesty International) as they can make submissions on behalf of individuals. And quite frankly, the Supreme Court isn't interested in hearing about the impact of the decision on one person - how on earth could McCloud possibly have given evidence about the impact on trans people in general? All McCloud can do is speak about his own individual experience.

If Strasbourg even hears this case, they will consider that all the parties were properly represented, trans people got their voices represented by the Scottish government and by Amnesty International, and there was no unfairness at all and so no breach of the right to a fair trial. Strasbourg will say that if McCloud doesn't like the decision, then the correct route to challenging that is by political campaigning and by getting the government to change the law.

Thanks for this, makes sense.

Datun · 30/04/2025 20:09

DrudgeJedd · 30/04/2025 15:39

Ah I didn't know that about Crosby's wife, I've always loved that film because it reminds me of weekends spent with my grandparents. Way back when female impersonators were funny.

Yes, it's a lovely, gentle film. With a lot of hope and fun.

if you're eagle eyed, you can spot Crosby getting the words wrong two thirds of the way through and swiftly correcting himself but meeting Danny Kaye's comically accusing eye.

Merrymouse · 01/05/2025 07:35

Bad reporting from BBC

“The group had argued that women felt unsafe with trans women using female facilities”

https://www.bbc.co.uk/news/articles/cjwvx1z3l2qo

I’m pretty sure that safety would have been mentioned in the context of men, but in the context of the article the judgement is more relevant, which found that defining sex with reference to GRC made the members of the group heterogenous.

I think the thing that really convinced them was the mixed sex lesbian groups.

A fair amount about McCloud’s opinions. No reference at all to lesbian interveners.

Justice Secretary Shabana Mahmood speaks to the Human Rights Committee on 30 April 2025

'Unacceptable' to question Supreme Court gender ruling, says justice secretary

Shabana Mahmood said judges at the UK's highest court had provided "legal clarity".

https://www.bbc.co.uk/news/articles/cjwvx1z3l2qo

Cailin66 · 01/05/2025 08:04

Yes they knew. It was the House of Lords I think had that amendment put in. Which makes sense.

But it means in law a trans woman is NOT a woman for all purposes.

In the UK of course.

I don’t think at the time most people saw the ramifications of this legislation, it was a ‘be kind’ to trans. Certainly in Ireland with out GRC law I had no clue it would lead to the mess we are in now. Nor did we understand it would lead to TWAW.

TheOtherRaven · 01/05/2025 08:08

Cailin66 · 01/05/2025 08:04

Yes they knew. It was the House of Lords I think had that amendment put in. Which makes sense.

But it means in law a trans woman is NOT a woman for all purposes.

In the UK of course.

I don’t think at the time most people saw the ramifications of this legislation, it was a ‘be kind’ to trans. Certainly in Ireland with out GRC law I had no clue it would lead to the mess we are in now. Nor did we understand it would lead to TWAW.

Which is what happens when you make well intentioned gesture law based in sentiment and the Jolly Good Chap principle.

Which is a gift for the exploitation of bad actors who would like to destroy other people's inconvenient equalities and rights.

Peregrina · 01/05/2025 09:33

From the BBC report
but some trans campaigners have argued it did not take into account their view of the complexities of biology

This line of arguing by the transactive lobby angers me: they take examples of people with a medical condition, namely a DSD, to try to brush away sex. How low can they stoop?

Ditto, they now want to claim disabled loos. Don't people with disabilities have enough problems? Where were you transactivists when those with disabilities fought for their rights? That's right, nowhere.

I don’t think at the time most people saw the ramifications of this legislation, it was a ‘be kind’ to trans.

Norman Tebbit for one, did. But of course, he had come from a losing Tory Government so he was by definition a baddy and the right-on Labour party dismissed his concerns.

lcakethereforeIam · 01/05/2025 09:37

Yes, transmen and people with DSDs are really getting their moment in the sun. The LGB seem to have been jettisoned for now though.

Those expensive and fugly 'Save the Dolls' t-shirts. How do they help tm and DSD people btw?

Cailin66 · 01/05/2025 09:42

TheOtherRaven · 01/05/2025 08:08

Which is what happens when you make well intentioned gesture law based in sentiment and the Jolly Good Chap principle.

Which is a gift for the exploitation of bad actors who would like to destroy other people's inconvenient equalities and rights.

In the Irish case it wasn't properly debated at all, at least in the UK you had a debate. But neither country envisioned the mess we are in now. And in all honestly at the time I had no clue what it was, saw no debates on it, and I'd have probably had not much issue with the odd 'true' trans popping into the ladies loo. But never did it occur to me that men would want to change clothes with women, or that they would, for nefarious reasons, want children to transition. Puberty blockers were unknown. Basically none of this was publicly properly discussed. Certainly not the implications for women or children.

Being way beyond that now, my view is that there should be no GRC. It's a legal fiction. You cannot change sex. And this will only ultimately solved by parliamentarians undoing the mess they made.

EasternStandard · 01/05/2025 10:04

Cailin66 · 01/05/2025 09:42

In the Irish case it wasn't properly debated at all, at least in the UK you had a debate. But neither country envisioned the mess we are in now. And in all honestly at the time I had no clue what it was, saw no debates on it, and I'd have probably had not much issue with the odd 'true' trans popping into the ladies loo. But never did it occur to me that men would want to change clothes with women, or that they would, for nefarious reasons, want children to transition. Puberty blockers were unknown. Basically none of this was publicly properly discussed. Certainly not the implications for women or children.

Being way beyond that now, my view is that there should be no GRC. It's a legal fiction. You cannot change sex. And this will only ultimately solved by parliamentarians undoing the mess they made.

Yes I agree. It can’t be don’t without harm. Time to repeal bad legislation.

Peregrina · 01/05/2025 10:19

But neither country envisioned the mess we are in now.

I am going to reiterate - at least one Parliamentarian did anticipate this, and it's clearly recorded in Hansard.

Ereshkigalangcleg · 01/05/2025 10:34

Brilliant article from Jo Grin

Institutions and even our government caved in, to stop trans activists (metaphorically) pissing on the sofa and chewing their slippers.”

Not that metaphorical tbh!

LonginesPrime · 01/05/2025 10:46

Peregrina · 01/05/2025 09:33

From the BBC report
but some trans campaigners have argued it did not take into account their view of the complexities of biology

This line of arguing by the transactive lobby angers me: they take examples of people with a medical condition, namely a DSD, to try to brush away sex. How low can they stoop?

Ditto, they now want to claim disabled loos. Don't people with disabilities have enough problems? Where were you transactivists when those with disabilities fought for their rights? That's right, nowhere.

I don’t think at the time most people saw the ramifications of this legislation, it was a ‘be kind’ to trans.

Norman Tebbit for one, did. But of course, he had come from a losing Tory Government so he was by definition a baddy and the right-on Labour party dismissed his concerns.

Yes, re the DSDs, I was heartened to see a doctor on the doctors subreddit responding to the junior BMA’s “sex is too complicated to understand” motion who explained to their medical peers that people with DSDs still have a sex recorded at birth (although obviously it might take more tests to determine which sex it should be), and that the SC ruling obviously still applies to them as they will have the sex registered at birth as their biological sex in terms of the EA 2010.

If people were walking around with no sex at all registered on their birth certificates because doctors genuinely hadn’t been able to work out the best fit based on their medical presentation and refused to , I’m sure this would have been a legal conundrum that needed resolving before the SC ruling.

The NHS website says most babies born with DSDs manage to have their sex determined before the 42 day deadline for registering the birth, so that all checks out - they are still included in the EA and SC ruling as they have a biological sex recorded on their birth certificates just like everyone else.

nhs.uk

Differences in sex development

Find out about differences in sex development (DSDs), a group of rare conditions where the reproductive organs and genitals don't develop as expected. Some people prefer to use the term intersex.

https://www.nhs.uk/conditions/differences-in-sex-development/

Datun · 01/05/2025 12:06

I'm blaming the media for not reporting unequivocally on what DSDs mean.

I'm sure The Telegraph, The Times or the Mail could publish an article from someone like Emma Hilton, to show how vanishingly rare DSDs are, and the one specific one they keep banging on about, still means the person has a sex.

What their argument actually boils down to it you can't just use chromosomes.

Well no shit!

But a) it doesn't mean the person doesn't have sex, and b) it's irrelevant.

What you really need is a handy little statistic that shows the exact number of people who have the exact DSD that they are gleefully weaponising (I think it's the one with a Y chromosome, but the person looks exactly like a woman). Because, I'm sure you could actually count them, it's so few people.

And an explanation from someone who has it about how it affects their daily life. You know, be a bloody grown-up, and understand that some people have a medical condition. That it's not a bloody game to beat women over the head with.

That's all the light you need, and none of the heat.

Just an adult explanation of what DSDs are, how rare they are and why you shouldn't be using people who have them as a means to access unconsenting women.

CleaningSilverCandlesticks · 01/05/2025 12:18

The problem are there are so many TRA identifying as ‘intersex’ that you risk getting even more misinformation spread out there. Not least because the BBC have their preferred go to TRA agency for guests on this topic,

LonginesPrime · 01/05/2025 12:45

Exactly, @Datun- all a journalist would have to do is look at the NHS website and/or ask a competent doctor to explain it.

The fact they’re relying on transactivists as supposed medical experts on obscure DSD conditions that they’ve just commandeered to bolster their own flimsy argument is just lazy and/or biased journalism, especially when the NHS explains it so clearly and publicly.

I think I’m going to start sending the NHS link to publications when I complain about factual inaccuracy/bias on this bit going forward - it’s one thing transactivists saying this stuff, but journalists shouldn’t be blindly parroting it without fact-checking or providing balance.

NoBinturongsHereMate · 01/05/2025 13:56

Datun · 01/05/2025 12:06

I'm blaming the media for not reporting unequivocally on what DSDs mean.

I'm sure The Telegraph, The Times or the Mail could publish an article from someone like Emma Hilton, to show how vanishingly rare DSDs are, and the one specific one they keep banging on about, still means the person has a sex.

What their argument actually boils down to it you can't just use chromosomes.

Well no shit!

But a) it doesn't mean the person doesn't have sex, and b) it's irrelevant.

What you really need is a handy little statistic that shows the exact number of people who have the exact DSD that they are gleefully weaponising (I think it's the one with a Y chromosome, but the person looks exactly like a woman). Because, I'm sure you could actually count them, it's so few people.

And an explanation from someone who has it about how it affects their daily life. You know, be a bloody grown-up, and understand that some people have a medical condition. That it's not a bloody game to beat women over the head with.

That's all the light you need, and none of the heat.

Just an adult explanation of what DSDs are, how rare they are and why you shouldn't be using people who have them as a means to access unconsenting women.

Swyer's seems to be cureent talking point. Affects 1 in 200,000 people, or 0.0005%.

NoBinturongsHereMate · 01/05/2025 14:04

That's about 350 people in the UK.

SerendipityJane · 01/05/2025 14:12

NoBinturongsHereMate · 01/05/2025 14:04

That's about 350 people in the UK.

If you wanted to be inflammatory, you could point out there are more paedophiles in the UK. Will no one think of them ?

Luckily this isn't the sort of debate that attracts hyperbole, histrionics and hysteria.

MarieDeGournay · 01/05/2025 14:14

RedToothBrush · 30/04/2025 11:54

That was incelism. Not transincelism.

Oh yeah...sorry, I didn't think clearly before posting.

In response to Knotty's points about aspects of the perpetrators I referred to - whatever other issues may well have been involved, the fact remains that both of them sought out targets that would be overwhelmingly female.

In the case of Axel Rudakubana, he went out of his way - literally and figuratively - to locate the most female and the most vulnerable target imaginable to act out the consequences of being bullied.
And there were many mass-casualty targets Salman Abedi could have chosen, but he went for one where the victims were likely to be female.

It's femicide, with some additional issues.

ScrollingLeaves · 01/05/2025 15:29

EasternStandard · 01/05/2025 10:04

Yes I agree. It can’t be don’t without harm. Time to repeal bad legislation.

Absolutely.

Merrymouse · 01/05/2025 17:48

NoBinturongsHereMate · 01/05/2025 13:56

Swyer's seems to be cureent talking point. Affects 1 in 200,000 people, or 0.0005%.

The existence of Swyers doesn’t make sex irrelevant to law.

If sex really were a mystery and a surprise, don’t they think somebody could have made that argument in court by now?