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Feminism: Sex and gender discussions

For which services is separate by "gender" appropriate?

215 replies

MyAmpleSheep · Yesterday 12:36

Assuming it to be compliant with all relevant legislation (which is another discussion), which public services make more (or enough) sense to separate by self-defined gender rather than by sex?

We are often told that segregating by sex is permissible but not the only way to split "men" and "women" and that it's proportionate and appropriate to split men-identifiers from women-identifiers in some services in "appropriate circumstances" or some other phrase.

What are those services, and what are the appropriate circumstances?

This is a question about services, so I'm explicitly not referring to what the EA2010 covers under associations. Social groups are not services, and they can already be split or made exclusive in a much wider range of ways; I'm not asking about them. Only about public services. For clarity it's probably best to avoid terminology like "single sex spaces" because it's easy to misunderstand whether a "space" is a service - or an association.

So - which services can appropriately be segregated as women+trans-identifying men (women+ "trans women") and men+trans-identifying women (men + "trans men")?

OP posts:
nicepotoftea · Yesterday 19:21

theilltemperedmonster · Yesterday 19:12

The problem already exists, and yet men don't march into the ladies saying "I may present like any other man, but inside I'm a woman, so you can't ask me to leave". So why would they start now? Unless as a really determined GC campaign to undermine 'trans inclusivity' 🤔(I guess this hasn't been suggested before now at least partly because it would be so unpleasant for female service users while it was going on).

I think it depends on the circles you move in.

https://www.theguardian.com/commentisfree/2025/jun/15/trans-australian-uk-britain-tolerance

This man seems to only present as a woman sometimes on nights out in the UK, and as above some men identify as non-binary and want to use women's facilities. It's vague enough that universities have policies that stress that users of facilities should not question whether anyone should use a single sex facility.

Speaking personally, I remember exactly the kind of man who would have pushed this boundary when I was a student.

As a trans Australian, I was kicked out of a UK toilet. This is not the open-hearted Britain I remember | Jack Nicholls

I used to be proud of my birthplace for its cosmopolitan tolerance. Visiting now, it feels like stepping back decades

https://www.theguardian.com/commentisfree/2025/jun/15/trans-australian-uk-britain-tolerance

JanesLittleGirl · Yesterday 19:23

theilltemperedmonster · Yesterday 19:12

The problem already exists, and yet men don't march into the ladies saying "I may present like any other man, but inside I'm a woman, so you can't ask me to leave". So why would they start now? Unless as a really determined GC campaign to undermine 'trans inclusivity' 🤔(I guess this hasn't been suggested before now at least partly because it would be so unpleasant for female service users while it was going on).

You must never have encountered the geezer, dressed in male business attire who, when challenged about his presence in the ladies' loo, responded with "I'm a gender non-conforming trans woman".

theilltemperedmonster · Yesterday 19:27

HenriettaSwanLeavitt2 · Yesterday 19:16

I wonder how that would/will pan out legally. There is still segregation by sex in the single-gender pair of toilets. For example, a non-trans man is excluded from a toilet that a non-trans woman can use, and vice versa. Is this inherently discriminatory, without the ss exception granted in the Equality Act?
IANAL

Michael Foran thinks this is an issue, but I think his book may have gone to press before judgment in R (GLP et al) v EHRC. Swift J thought one might hypothetically be able to fix the direct sex-discrimination problem without meeting the conditions of Schedule 3. But not so confidently that he told EHRC to delete their warnings about possible sex-discrimination!

This thread is more about the logic of these services than the existing law, though....

Pingponghavoc · Yesterday 19:29

theilltemperedmonster · Yesterday 18:50

Unusually, I find I'm in agreement with @alcovecupboards . What is this, the Twilight Zone?

Cupboards suggests a single-sex (women-only) service can exist side-by-side with an otherwise identical service that is for women and transwomen. This is logically possible.

Schedule 3 doesn't provide a sex-discrimination exemption for the latter. But imagine for the moment that you have created the former, with the usual Schedule 3 underpinning, but that now some potential users wish to share the service with men who have a female acquired gender as contemplated by the GRA.

They may believe wholeheartedly in gender identity theory. Or, in a weaker iteration, they may consider that the disadvantages of 'trans inclusion' (issues of safety and decency) are greatly outweighed by the advantage (mitigating psychological distress in the men), particularly as only a small number of men are involved.

I think this could only be justified if there is also sufficient women-only provision to meet demand. Otherwise you will run into problems with indirect discrimination as to sex (female) or belief (Muslim or Jewish) or even disability (PTSD caused by SA).

(The TRAs will kick off about the women-only service being transphobic, and come in anyway. How will you solve that, cupboards?

And some will complain that acquired gender is too nebulous, and you will get just any old man wandering in. But, they could have done this at any point in the last few years, and on the whole they don't. People do what's socially accepted, and that means at least popping on some lipstick or a skirt before entering the ladies, because it sends a readily understood signal.)

What does this mean for the OP's question? The users of the service are made up of:

Women who accept that they are women, and wish to share with men who claim a female gender identity.

And.

Men who claim a female gender identity.

The only thing these two groups have in common is a female gender identity.

It follows that the users of the parallel women-only service don't have a female gender identity, and this makes sense. Either they are transmen who have decided not to pop off to the gents, or they are women who have chosen the service on the basis of their sex and don't see what gender identity has to do with it.

So it's about belief. The woman gender service is for people who think that gender identity is important and that theirs is female.

Depending on the space, the gendered spaces will be universal inside.

So there'll be two single sex services - one for women, and one for men. Then two unisex spaces labeled for two genders - they would have to be to allow both sexes to use them.

Theres no need for two universal spaces labeled differently?

So it isnt based on need from a gender shared by all women and TW. Its humouring the trans people by pretending that the unisex space is gendered somehow. Again without the need to define anything.

Shortshriftandlethal · Yesterday 19:32

The only situation in which i can even imagine that gender categories might be useful or applicable is in a TQ+ space in which attendees hold store by such things.

theilltemperedmonster · Yesterday 19:33

JanesLittleGirl · Yesterday 19:23

You must never have encountered the geezer, dressed in male business attire who, when challenged about his presence in the ladies' loo, responded with "I'm a gender non-conforming trans woman".

Well, fair enough, the trans allies in the trans-inclusive toilets will just have to take the rough with the smooth, won't they? Or maybe they'll come and join us in the women-only toilets, and customer demand for trans-inclusivity will wither. Viva market forces.

nicepotoftea · Yesterday 19:34

theilltemperedmonster · Yesterday 19:27

Michael Foran thinks this is an issue, but I think his book may have gone to press before judgment in R (GLP et al) v EHRC. Swift J thought one might hypothetically be able to fix the direct sex-discrimination problem without meeting the conditions of Schedule 3. But not so confidently that he told EHRC to delete their warnings about possible sex-discrimination!

This thread is more about the logic of these services than the existing law, though....

I think we have to assume that nobody is going to get rid of the laws that prohibit sex discrimination.

But we still haven't really established who would be providing these services and why.

I don't get the impression that there is a big drive to provide single gender services that exclude non-binary people given that non-binary people make up a very significant segment of people who identify as trans.

Is this really what e.g. Lambeth council wants?

theilltemperedmonster · Yesterday 19:37

Pingponghavoc · Yesterday 19:29

Depending on the space, the gendered spaces will be universal inside.

So there'll be two single sex services - one for women, and one for men. Then two unisex spaces labeled for two genders - they would have to be to allow both sexes to use them.

Theres no need for two universal spaces labeled differently?

So it isnt based on need from a gender shared by all women and TW. Its humouring the trans people by pretending that the unisex space is gendered somehow. Again without the need to define anything.

Its humouring the trans people.

Well, yes.

BackToLurk · Yesterday 19:38

theilltemperedmonster · Yesterday 19:12

The problem already exists, and yet men don't march into the ladies saying "I may present like any other man, but inside I'm a woman, so you can't ask me to leave". So why would they start now? Unless as a really determined GC campaign to undermine 'trans inclusivity' 🤔(I guess this hasn't been suggested before now at least partly because it would be so unpleasant for female service users while it was going on).

What I mean is, men who identify as women don’t necessarily want to ‘dress as women’ all the time. It could be argued that, currently, they must signal in some way that they are women (rather than they are transwomen) in order to gain access to women’s spaces. The bar is higher than a ‘single-gender’ service where they don’t need to be women, just trans.

I’m not saying that is going to precipitate an influx of all sorts of men, but I don’t see there being any to police who is a transwoman. I’d also suggest that, even where members want to be transinclusive, there may be no consensus about what that means. Some will think fully transitioned, others ‘says he’s a woman’.

theilltemperedmonster · Yesterday 19:43

Pingponghavoc · Yesterday 19:29

Depending on the space, the gendered spaces will be universal inside.

So there'll be two single sex services - one for women, and one for men. Then two unisex spaces labeled for two genders - they would have to be to allow both sexes to use them.

Theres no need for two universal spaces labeled differently?

So it isnt based on need from a gender shared by all women and TW. Its humouring the trans people by pretending that the unisex space is gendered somehow. Again without the need to define anything.

Your comment is based on existing regulations. My hypothetical is based on the existence of women who are willing to share single-sex provision (door gaps, shared sink space etc) with certain men. Maybe there aren't very many, in which case it will fail for lack of demand.

nicepotoftea · Yesterday 19:48

BackToLurk · Yesterday 19:38

What I mean is, men who identify as women don’t necessarily want to ‘dress as women’ all the time. It could be argued that, currently, they must signal in some way that they are women (rather than they are transwomen) in order to gain access to women’s spaces. The bar is higher than a ‘single-gender’ service where they don’t need to be women, just trans.

I’m not saying that is going to precipitate an influx of all sorts of men, but I don’t see there being any to police who is a transwoman. I’d also suggest that, even where members want to be transinclusive, there may be no consensus about what that means. Some will think fully transitioned, others ‘says he’s a woman’.

It all seems to depend on gendered expectations being maintained and enforced, which isn't very progressive.

theilltemperedmonster · Yesterday 19:50

IwantToRetire · Yesterday 19:11

Who cares? It isn't a legal concept.

There are single sex services that the law allows.

And even if it were worth discussing you cant because gender is not an agreed description.

That's it.

Why bother with this as it only implies you think some people's lifestyles should somehow be catered for, and worse still is yet another thread that encourages the disrupters to drone on about attitudes that are contrary to the opportunity that FWR as a discussion, action forum for women who believe in sex based rights.

Why not ask a relevant question instead of pointless whataboutery.

eg what are you doing to help ensure that women's sex based rights are re-establish. Or is occasionally liking of groups like Sex Matters feel like doing enough to counter TRAism?

Confused

you think some people's lifestyles should somehow be catered for

We accommodate the needs of religious people all the time.

The trick is to ensure that the non-believers are also catered for, which was not the state of affairs pre-FWS.

Tears0fTheMushroom · Today 01:29

TransParentlyAnnoyed · Yesterday 16:58

We're living in a misogynistic world where every single one of us has a sexual assault story (often multiple, many of us from before we were adults), and your priority is 'what if a trans guy turned up at the barbers'. Here's your answer: they get a haircut, because hair is not gendered and cash is cash.

My older sons tend to go to the same barber because the woman there knows my middle son's deaf, and lip-reads to get by. She doesn't chat while cutting, and always moves in front of him to ask questions. Both of them like that she's so normal about this, rather than exaggeratedly mouthing words at him. (People can be very weird about difference, you see - it can make them resentful, defensive and very angry.)

I once asked her to cut my trans son's hair, long before he came out, and she hesitated because she didn't have the qualifications or experience to do all styles. When I said I just wanted his split ends trimmed and fringe cut, she was fine with that.

Barbers can set up with minimal training, while hairdressing (which is more complex styles) requires a lot more education and experience. Do I really need to say that cis men often maintain more complex hairstyles than your average pop-up barber can handle, so go to hairdressers instead? And that cis women wanting a quick trim go to barbers?

Anti-trans activism is popular with cis men because it promotes segregation and allows them to pretend that women are usually safe, with places to go which protect them from harm. That's not true in the slightest, but anti-trans panic is promoting it.

Working-class women work at very close quarters with men all day, share public transport with them, are vulnerable to predatory landlords and are far more likely to be sexually assaulted than more privileged women. 'Meeting someone trans' is not even on our radar as a threat. Diversity is not something most working -class women are unfamiliar with.

For example, I've been intimately examined by cis men in emergency departments many times, usually during pregnancy, when no female doctor was available. I always asked for a female chaperone. And I'd far rather have had a trans female doctor treat me, because trans women understand how vulnerable cis women feel in those moments. I'm an abuse survivor and find such moments incredibly difficult.

'What if' scenarios about trans people are no help to us, because we have actual problems.

Wow. The entire point of this thread went flying right over your head, didn't it?

Tears0fTheMushroom · Today 01:50

alcovecupboards · Yesterday 17:00

Male or female, surely? 'Men' and 'women' are gender constructs.

No they are not. They are the terms used to describe adult humans according to their sex.

An adult human female is called a woman
An adult human male is called a man.

It's like saying ram and ewe are gender constructs or bull and heifer. It's nonsense.

Masculine and feminine are gender constructs.

Tears0fTheMushroom · Today 02:03

alcovecupboards · Yesterday 17:26

My (very clear) point was that women and trans women can share the same experiences and feelings of vulnerability and it is nonsense to suggest they cannot.

Except they don't. The original point was that TiMs don't experience the same fear and vulnerability as women. This is a fact. They are men and they are statistically the safest demographic in the majority of the western world. Safer than both women and men who do not identify as trans. So the idea that they would have ANY understanding of how women feel about their safety is absolutely laughable.

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