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Feminism: Sex and gender discussions

Our organisation has just published its response to the Supreme Court ruling

35 replies

PoisonCrystal · 06/05/2025 09:34

It’s an Arms Length Body and it’s the usual carefully worded sitting-on-the-fence waffle, including needing to wait for the statutory guidance from the EHRC. I do wonder about my colleagues, though. In the comments was the following gem:

“Do we know how the court is defining ‘biological sex’? Genetically? Chromosomally? Hormonally? Aesthetically?”

Does someone now need to get a court ruling on the definition of sex? Then what? A definition of “human”?

OP posts:
Sskka · 06/05/2025 12:30

TheOtherRaven · 06/05/2025 12:11

We have reached a point where either the govt and EHRC are going to have to force compliance with the law, or admit that law is on paper and in practice is whatever current fashionable/noisy lobby group can market. Currently it's GI, but the next lobby group could be Russian/extremist right wing/whatever. And there'll be no point whining about it.

It has been pointed out over and over to the GI lobby: the whole point of the laws and values set up at the end of WW2 was that equality for all is the key and law is for everyone. Even the people you hate. It's a standard thing everyone is entitled to. Once you get into the most powerful group can just push around or remove rights and protections from anyone they don't like or find inconvenient then no one has any protection at all: you're all in the hands of the most currently powerful group and you have nothing but hope that your own group is currently one of their mates. Sooner or later it won't be, and you'll be on the recieving end of what you were happily dishing out to others. With no recourse and no protections because you broke them.

Yes, I suspect we're in for years of whining, whingeing, wiggling around, any excuse to kick it in to the long grass and 'wait' for something else. And we can wonder why we pay MPs and the HoC so very much money to write laws that aren't actually meaningful or enforced, and what the point of them is. Or the point of going through the performance of voting.

This is one part of the picture that is looking increasingly likely to end in Reform getting into power.

Exactly. I knew we'd been slithering about in that swamp, I just hadn't really reckoned with the idea that we might be in a place where a final judicial decision could be treated as just another inconvenient fact for sophists to elide away.

(re whether Reform is inevitable, that line is the last one in Judges fwiw: the next thing that happens is that a king does appear)

Another2Cats · 06/05/2025 12:47

GreenFriedTomato · 06/05/2025 12:14

@Another2Cats thanks for all that.
I'm surprised it hasn't been made into a film or a tv drama. Paris, London, Marbella, Casablanca. Sex clubs, cross dressing castration. Court, Divorce
It's quite a story

Just to add a little bit extra to that, Arthur Corbett was the eldest son of Lord Rowallan who, at that time, was the Governor-General of Tasmania and had also been Chief Scout up until a year before Arthur met April.

When his father died in 1977 Arthur became the 3rd Baron Rowallan until his own death in 1993.

Merrymouse · 06/05/2025 13:27

‘Biological sex’ was used by the Scottish government, and the SC just used their wording.

In this instance it just means ‘not acquired sex conferred by a gender recognition certificate’.

LonginesPrime · 06/05/2025 13:35

PoisonCrystal · 06/05/2025 10:35

I’m not planning on commenting back as I’m expecting the discussion to disappear soon. Another commenter has replied agreeing that it’s not a solid basis for human rights legislation because of “rights based on original birth certificates or ‘masculine appearance or attributes’ “ which helps explain the use of “Aesthetically” earlier. It seems it’s just another way of saying assigned at birth. But apparently it’s also “vibes-based in the present”: a really helpful guide indeed!

Yes, “vibes” is definitely what laws should be based on - there are far too many laws based on objective facts and evidence already.

Legal certainty is sooo boring when we could instead keep people and organisations constantly guessing whether they’re acting lawfully or not.

Shortshriftandlethal · 06/05/2025 13:55

senua · 06/05/2025 10:00

“Do we know how the court is defining ‘biological sex’? Genetically? Chromosomally? Hormonally? Aesthetically?”

Comment back: I know. It's like when you have to decide if someone is being disingenuous or just plain stupid.
Grin

Common sense, commonly understood definitions is what the equalities act was predicated on.All of this nonsense about how "complex" the issue is, when it really isn't complex at all.

They could always try reading the ruling themselves. Nobody seems to want to go to source anymore...they jut want someone else to provide a precis, and these precises are themselves often just based on another ill informed or incomplete precis.

SerafinasGoose · 06/05/2025 14:05

Funny how those claiming not to know what a woman is always know where to aim their: unerring knowledge of which class of humans are required to function as support robots, expectations of silence and compliance on pain of punishment (usually being the process), accusations of bigotry, signs on lavatory doors demanding 'respect' of fellow service users, admonitions on toilet walls to protect others from harm by acting as human shields, doxing, tomato-soup missiles, rape threats, death threats ...

ItisntOver · 06/05/2025 14:16
Awkward Red-Faced GIF by moodman

Please let it be an ALB in areas other than health and social care.

StressedLP1 · 06/05/2025 16:15

Fucks sake.

Tell them: “It’s set out paragraph 7 of the judgment here as the sex of a person at birth. Screenshot attached. If you’re not sure of yours check your original birth certificate (ie the first birth certificate ever issued to you). Hope that helps ☺️”

Our organisation has just published its response to the Supreme Court ruling
IwantToRetire · 06/05/2025 18:04

Sorry no time to read all posts but in this and other cases can everyone on FWR remember that the EHRC has published the interim guidelines on what the ruling means.

And it states it is about SEX.

Please can everyone use the web link, or download it as a pdf any just share it at work or whatever. Or post in response to nonsense on the internet.

Which I would suggest the OP does to their employer.

There is no discussion.

Unless as some TRAs are trying to do which is to say Baroness Falkner is the enemy and should be ignored and sacked.

But in the meantime like it or not (or her) these are now the current legal guidelines that everyone should be following.

Quote:

The Supreme Court ruled that in the Equality Act 2010 (the Act), ‘sex’ means biological sex.
This means that, under the Act:

  • A ‘woman’ is a biological woman or girl (a person born female)
  • A ‘man’ is a biological man or boy (a person born male)
If somebody identifies as trans, they do not change sex for the purposes of the Act, even if they have a Gender Recognition Certificate (GRC).
  • A trans woman is a biological man
  • A trans man is a biological woman
and more at https://www.equalityhumanrights.com/media-centre/interim-update-practical-implications-uk-supreme-court-judgment
DisappearingGirl · 06/05/2025 18:34

Gah, you could play this silly game with all the protected characteristics.

Race - what if someone is almost entirely white but their great great great great great grandmother was black, can they apply for a black person's grant?

Age - what if they were born at exactly midnight on a leap year or in a different time zone?

Sexual orientation - what if someone identifies as gay but has never been in a same sex relationship but lots of opposite sex ones?

Marital status - what if someone got married but it was immediately annulled?

etc etc

Sex is actually one of the easiest to define!

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