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Feminism: Sex and gender discussions
AnSolas · 09/08/2025 13:44

Merrymouse · 09/08/2025 12:58

That is all true, but it would be disingenuous to suggest that 'gender reassignment' isn't now generally assumed to be the PC that protects trans rights, including people who are non-binary, of whom there is a growing number.

If I were them I would be wanting to seek clarification of what the law means, as FWS did, and if they felt it necessary then campaign for a change in legislation.

However, that all presupposes understanding of the equality law framework, and a belief that basic rights to education, work, housing etc. need to be protected.

Assumption is the problem

The law said nothing about NB.

So why write policy which uses the words NB or GNC or GF.
That is a choice of the staff involved.

Part of the problem is the idea of "being inclusive of.... " and working in a regulated industry where the regulation has not yet rolled down to the staff level.

If GR = obligations and consequence the staff would want to limit the number of people within the PC and/or use very clear language to establish where their duty starts and stops. And as you say they would seek legal advice.

The questions asked would be based on the Equality Acts own terms.

And NB etc would be managed under "is proposing to undergo" but its again issue of benchmarking the appropiate group. If the staff are not sure the benchmark should be all of non-PC group create the control. Problems began when the benchmark was set as of the other sex.

The Courts said that there are 2 groups and each benchmark for controls is set as of the same sex.

And as you say a presupposes understanding of the equality law framework etc

Take this gem...
https://www.mumsnet.com/talk/womens_rights/5386944-i-need-help-taking-a-complaint-further?page=1

On your question about why the Council ask questions about ......., and why it is relevant, as part of the Public Sector Equality Duty, The City of Wolverhampton Council has a responsibility to ensure that we do not unfairly discriminate in the services we currently provide, or plan to provide.

Therefore, by asking equality monitoring questions as part of our consultations, we can break down the responses we receive and assess whether any protected characteristics will be unfairly treated because of the proposal being consulted on and plan suitable adjustments accordingly.

The Equality Act 2010 recognises ....

On your question on why the Council does not ask questions about pregnancy or maternity, the council aligns our equality monitoring questions with the Census 2021, where the only question relating to maternity was an employment-based question which wouldn’t be relevant for the Council to ask as we do not gather data on employment as part of our equality monitoring questions on consultations.

I need help taking a complaint further. | Mumsnet

Do you remember I complained to the council about their consultation asking for 'gender ID'? Well today I got a reply. And I am not happy - please rea...

https://www.mumsnet.com/talk/womens_rights/5386944-i-need-help-taking-a-complaint-further?page=1

Ereshkigalangcleg · 09/08/2025 13:48

Merrymouse · 09/08/2025 13:14

That isn't quite the same thing though. There is a difference between saying that a non-binary person can't have their gender recognised, and that they shouldn't have protection from job discrimination.

Everyone should have protection from job discrimination. I’m not sure why people who identify as “non binary” should have it more than any other cultural subgroup like “goths” for example.

Ereshkigalangcleg · 09/08/2025 13:50

I would be very careful about enshrining something as incoherent and flimsy and subjective as “non binary” in equality legislation.

AnSolas · 09/08/2025 13:59

Merrymouse · 09/08/2025 13:14

That isn't quite the same thing though. There is a difference between saying that a non-binary person can't have their gender recognised, and that they shouldn't have protection from job discrimination.

It kinda, sorta, is🤨

Like a disability / pregnancy the job has to accomadate but first they have to know and there is a point where the GR clashes with other PC eg sex belief.
So the first issue is has person X the PC of GR if X has stated no propoposed /ongoing process no protection applies.

Kind of like what someone once said to me was ID into as many PC as possible and HR will manage you with a bargepole

Grammarnut · 09/08/2025 16:09

Merrymouse · 09/08/2025 10:27

From the 2021 census question "to provide the first official data on the size of the transgender population in England and Wales".

A total of 262,000 people (0.5%) answered “No”, indicating that their gender identity was different from their sex registered at birth. Within this group:

  • 118,000 (0.24%) answered “No” but did not provide a write-in response
  • 48,000 (0.10%) identified as a trans man
  • 48,000 (0.10%) identified as a trans woman
  • 30,000 (0.06%) identified as non-binary
  • 18,000 (0.04%) wrote in a different gender identity

So if you assume that the 118,000 were confused by the question, a third of respondents have some kind of non-binary gender. If you include the 118,000, most trans people don't fall within the 2016 idea of a transsexual and don't identify as a man or a woman.

I don't think it helps anyone to pretend that trans means what transsexual did in 2004, or 2010 or 2016 but I do agree that laws need to be changed by parliament, not by general assumption or 'getting ahead of the law'. I expect this kind of examination would not be welcomed by advocacy organisations, but that doesn't mean it isn't essential if they genuinely want to protect trans rights.

They don't want to protect trans rights they want to remove women's rights. That's why there is such a tantrum - women have told men to get lost and the SC has dared to back the women.

drhf · 09/08/2025 17:28

I think it’s Stonewall Law if I remember rightly?

The case was Taylor v Jaguar Land Rover Ltd in 2020 (gosh that was a lifetime ago) and the Tribunal indeed held that non binary claimants have the PC of GR on the basis that “It was very clear that Parliament intended gender reassignment to be a spectrum moving away from birth sex, and that a person could be at any point on that spectrum... it was beyond any doubt that somebody in the situation of the Claimant was (and is) protected by the legislation because they are on that spectrum and they are on a journey which will not be the same in any two cases.”

However it was a first tier tribunal decision and therefore not a binding precedent. A point which was lost in all the Stonewall coverage. https://www.lawgazette.co.uk/legal-updates/non-binary/gender-fluid-claimants/5105968.article

Employment tribunal

Non-binary/gender fluid claimants

Employment tribunal extends scope of Equality Act provisions.

https://www.lawgazette.co.uk/legal-updates/non-binary/gender-fluid-claimants/5105968.article

Ereshkigalangcleg · 09/08/2025 18:18

He was also a bog standard MTF on a “transition journey” rather than “agender” or whatever.

AnSolas · 09/08/2025 18:42

Yep from memory he wanted to be seen as female by accessing spaces eg toilets and changing his employment records so the argument would be focused on the end point which was to be "managed/registered" as a female/woman.

TempestTost · 09/08/2025 22:44

Merrymouse · 09/08/2025 13:14

That isn't quite the same thing though. There is a difference between saying that a non-binary person can't have their gender recognised, and that they shouldn't have protection from job discrimination.

If non-binary gender isn't a thing, than how can it be a category requiring job protection?

I think it's important to keep our eye on why certain catagories for protection are mentioned, when other things people might be discriminated for on the job are not mentioned, even when it might be unfair of the employer.

I can't see why some vague non-thing like "non-binary" should be there.

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