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Feminism: Sex and gender discussions
OP posts:
WandaSiri · 05/05/2025 16:20

AnnaFrith · 05/05/2025 15:41

That seems clear on the rights of biological women to not be searched by men.

What about the male prisoners who want to be searched by women though? Is it sex discrimination against female officers to require them to search men, who in many cases will be getting a sexual thrill from the experience?

Same thing in reverse I think - human rights of the female officer.

MrsOvertonsWindow · 05/05/2025 16:35

The desperation of senior police officers to enable indecent assault by male officers on women does suggest that the predatory culture exposed by so many court cases stretches up into the most senior ranks of the police.

maltravers · 05/05/2025 16:38

The police seem to have forgotten that their job is to enforce the law, not to ignore or find ways to break it.

NumberTheory · 05/05/2025 18:02

WandaSiri · 05/05/2025 15:32

It's only a technical point.

The EA2010 does not apply, agreed, but the reasoning behind sex meaning sex holds for the PACE provisions as well. It's biological sex that matters in this case - a woman is undressed, she can reasonably object to the presence of a person of the opposite sex. Officers have to be of the same sex as the person they are strip-searching or intimately searching, according to PACE Code C. The human rights at play are not those of the officer, but of the detainee, whose body is being touched in a way that would be sexual assault were it not permitted by PACE. The British Transport Police have conceded the point (although they are trying to continue to implement the "same gender" policy covertly) and the Police forces should too. Not to do so is an infringement of the right to privacy, dignity and safety of the detainee.

It is technical. But the law is technical. The reasoning behind the ruling was that it was what parliament intended, they didn’t say it was because otherwise there would be an infringement of the right to privacy, dignity and safety. They said it was what parliament must have meant because they couldn’t make all the different bits make sense otherwise. They may come to a different conclusion with a different bit of legislation. Under our system parliament can (and has on quite a few occasions) make laws that violate privacy and dignity.

I’m not arguing that the police policy is right. I think, even under the old interpretation, they could and should have used the single sex exemption. I’m only saying that the idea that the Supreme Court ruling made a big impact on the law that covers prisoner searches is not true. Police forces have to juggle several laws when interpreting what they have to do and if they came to the conclusion they can prioritise trans rights over women’s dignity before, there isn’t much stopping them from doing so now. Change will be down to political pressure and, possibly, a more robust look at the risks of discriminating against women by not using the single sex exemption. Not because they hung everything on a belief the equality act supported TWAW and now know it doesn’t.

WandaSiri · 05/05/2025 18:38

NumberTheory · 05/05/2025 18:02

It is technical. But the law is technical. The reasoning behind the ruling was that it was what parliament intended, they didn’t say it was because otherwise there would be an infringement of the right to privacy, dignity and safety. They said it was what parliament must have meant because they couldn’t make all the different bits make sense otherwise. They may come to a different conclusion with a different bit of legislation. Under our system parliament can (and has on quite a few occasions) make laws that violate privacy and dignity.

I’m not arguing that the police policy is right. I think, even under the old interpretation, they could and should have used the single sex exemption. I’m only saying that the idea that the Supreme Court ruling made a big impact on the law that covers prisoner searches is not true. Police forces have to juggle several laws when interpreting what they have to do and if they came to the conclusion they can prioritise trans rights over women’s dignity before, there isn’t much stopping them from doing so now. Change will be down to political pressure and, possibly, a more robust look at the risks of discriminating against women by not using the single sex exemption. Not because they hung everything on a belief the equality act supported TWAW and now know it doesn’t.

It has made a big impact because the reasoning and arguments are the same if you (not you personally) are arguing that same gender officers can strip search or that a GRC turns a man into a woman for the purposes of PACE code 3.. The SC said that the biological sex of someone is what matters, not a certificate which you can't ask to see. (And it was already settled law that self-ID is not law.) So this will affect areas not covered by the EA.

NumberTheory · 05/05/2025 19:25

WandaSiri · 05/05/2025 18:38

It has made a big impact because the reasoning and arguments are the same if you (not you personally) are arguing that same gender officers can strip search or that a GRC turns a man into a woman for the purposes of PACE code 3.. The SC said that the biological sex of someone is what matters, not a certificate which you can't ask to see. (And it was already settled law that self-ID is not law.) So this will affect areas not covered by the EA.

They explicitly said it was ONLY about the definition of sex in the equality act. So no, it doesn’t cover laws that are not covered by the equality act.

WandaSiri · 05/05/2025 19:42

NumberTheory · 05/05/2025 19:25

They explicitly said it was ONLY about the definition of sex in the equality act. So no, it doesn’t cover laws that are not covered by the equality act.

As I said in my first post on this:
The EA2010 does not apply, agreed,

And in my second:
So this will affect areas not covered by the EA.
Wherever the principle is the same, this SC judgement will be influential.

JellySaurus · 05/05/2025 19:42

Can words mean different things in different laws?

WandaSiri · 05/05/2025 19:47

JellySaurus · 05/05/2025 19:42

Can words mean different things in different laws?

Possibly, but the SC judges said that words carry their normal everyday meaning.
So I suppose that means unless you define a word differently in the Act itself, the word means what the average person in the street thinks it means.

NumberTheory · 06/05/2025 00:55

WandaSiri · 05/05/2025 19:42

As I said in my first post on this:
The EA2010 does not apply, agreed,

And in my second:
So this will affect areas not covered by the EA.
Wherever the principle is the same, this SC judgement will be influential.

Edited

The principle was - what did parliament intend?
So the outcome of applying that principle to other acts cannot be assumed.

MarxistMags · 06/05/2025 01:54

Surely that wouldn't happen ? A man being strip searched would have to be done by a male PC or PG, never by a woman officer ?

Lyannaa · 06/05/2025 01:58

I love the fact that JKR is willing to put her money where her mouth is. She’s absolutely a role model.

Datun · 06/05/2025 08:38

What's infuriating and rather frightening is that the police are quite happy to ignore the ruling, unless someone with enough money threatens them with litigation.

(I now realise it might not specifically apply, but I don't think they would openly go down that road).

PriOn1 · 06/05/2025 08:50

Presumably the lack of clarity is what JKR is willing to pay to disperse. Successive court cases may be necessary to unravel all of this, then lobbying to change the law where it is discriminatory against women. Hopefully the latter will be rare, but it’s essential to know where we stand.

Incidentally, I think this type of strategic management is exactly why women are beginning to win this argument. Naomi Campbell mentioned on LinkedIn that the reason women were currently annihilating transactivists in court was because #NoDebate gave us time to rehearse and finesse all our arguments, while transactivists twiddled their thumbs. She even gave kudos to a lawyer who had started to formulate some more coherent legal arguments for “trans rights”. I hope they don’t get too successful, but I was interested to see that put forward.

BisiBodi · 06/05/2025 08:52

MarxistMags · 05/05/2025 14:10

Has JKR been redeemed and no longer vilified for her stance on trans people ?

Not in the least. I mean, sure, them edumacatid peeple - like them peeple wot believe in equali and digniti and that kind of stuff wot we know is bullocks - seem to hate her, but wot does they know, AIR?

BisiBodi · 06/05/2025 08:55

Lyannaa · 06/05/2025 01:58

I love the fact that JKR is willing to put her money where her mouth is. She’s absolutely a role model.

She is undeniably a role model, but not - I suspect - of the kind you believe, or would like to believe.

LeftieRightsHoarder · 06/05/2025 08:55

MarxistMags · 05/05/2025 14:10

Has JKR been redeemed and no longer vilified for her stance on trans people ?

I’m sure she is still vilified by all the fake feminists and the misogynists who identify as social justice warriors!

Her stance has always been live and let live, as far as I’ve seen. Just respect normal social courtesies and basic human rights such as women’s single-sex spaces.

Ereshkigalangcleg · 06/05/2025 09:08

BisiBodi · 06/05/2025 08:55

She is undeniably a role model, but not - I suspect - of the kind you believe, or would like to believe.

LOL. Why is that then? She’s a successful writer in multiple genres, has kept her intellectual property and is an incredibly smart businesswoman, set up a children’s charity, supported women getting their sex based rights clarified, set up a rape crisis centre, helped several women who were mistreated by their employers, and helped to save the lives of a number of female lawyers in Afghanistan. Not a bad role model in my book. What have you done, exactly?

WandaSiri · 06/05/2025 09:10

Datun · 06/05/2025 08:38

What's infuriating and rather frightening is that the police are quite happy to ignore the ruling, unless someone with enough money threatens them with litigation.

(I now realise it might not specifically apply, but I don't think they would openly go down that road).

An application for a judicial review could be the best option. They might cave then like British Transport Police did and no individual woman would have to go through litigation personally.

But I agree that they are just being misogynistic bastards, because the argument has been won. The state of the police is terrifying.

FlirtsWithRhinos · 06/05/2025 09:22

BisiBodi · 06/05/2025 08:52

Not in the least. I mean, sure, them edumacatid peeple - like them peeple wot believe in equali and digniti and that kind of stuff wot we know is bullocks - seem to hate her, but wot does they know, AIR?

Oh you mean the people who believe the fundamental difference between men and women is in how we think?

The people who believe women are people who embrace their sexist secondary position in society, because if we didn't we'd obviously identify as men?

The people who feel very strongly that women saying no to being defined by, undressing with or being intimately touched by men who claim to be women are offending those mens dignity? Who believe children's bodies have to match sexist ideas about gendered personalities and if they dont those bodies need to be corrected?

The people who believe some are more equal than others and women and gay people need to step up and redefine themselves to get with the program?

Those people?

Yes, those people still hate on JKR, but I wouldn't call them educated.

Indoctrinated maybe, but not educated.

BisiBodi · 06/05/2025 12:17

FlirtsWithRhinos · 06/05/2025 09:22

Oh you mean the people who believe the fundamental difference between men and women is in how we think?

The people who believe women are people who embrace their sexist secondary position in society, because if we didn't we'd obviously identify as men?

The people who feel very strongly that women saying no to being defined by, undressing with or being intimately touched by men who claim to be women are offending those mens dignity? Who believe children's bodies have to match sexist ideas about gendered personalities and if they dont those bodies need to be corrected?

The people who believe some are more equal than others and women and gay people need to step up and redefine themselves to get with the program?

Those people?

Yes, those people still hate on JKR, but I wouldn't call them educated.

Indoctrinated maybe, but not educated.

Not for the first time, looking at your posting history, you are rather missing the point.

But you are correct in one regard; there is indeed a blight of indoctrination at work here, its horrors made manifest in the tribalistic thinking that pervades certain areas of the internet.

EweSurname · 06/05/2025 12:27

She really could have just enjoyed the rest of her life without troubling herself with any of this, which is what makes it even more commendable that she’s taking a stand for women’s rights. That’s real moral fortitude.

MrsOvertonsWindow · 06/05/2025 12:33

BisiBodi · 06/05/2025 12:17

Not for the first time, looking at your posting history, you are rather missing the point.

But you are correct in one regard; there is indeed a blight of indoctrination at work here, its horrors made manifest in the tribalistic thinking that pervades certain areas of the internet.

Think you'll find that @FlirtsWithRhinos is usually spot on with her feminist / political analysis. But that of course is often a threat to those with a more casual acquaintance with reality, facts and the rights of women to safety and privacy from men.

ThisOpenMauveLurker · 06/05/2025 12:34

She could’ve splashed it all on scrabble and lawn boys. She will always have my admiration and appreciation.

Ereshkigalangcleg · 06/05/2025 12:36

BisiBodi · 06/05/2025 12:17

Not for the first time, looking at your posting history, you are rather missing the point.

But you are correct in one regard; there is indeed a blight of indoctrination at work here, its horrors made manifest in the tribalistic thinking that pervades certain areas of the internet.

I mean, carry on with the insults and DARVOs, we all know it’s all you have.

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