> The Discrimination Of Being And Indeterminate Sex
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> The Discrimination Of Being And Indeterminate Sex
On Thursday last the UK EHRC, which is in theory at least tasked with
improving equalities and human rights, released its guidance to Parliament
regarding trans citizens access to single sex spaces, and it is fair to
say the guidance is devastating.But first a little history. Back in the early 2000s in a case brought
before the ECtHR it was ruled that the UK was in breach of human rights
law, in that the UK defacto rendered trans citizens an indeterminate
third gender. This ruling resulted in the GRA 2004 and the EA 2010
resulting in trans people being legally recognised as our acquired
gender, within certain bounds. This existed for a decade until it was
in essence overturned by the Supreme Court ruling in April 2025 which
ruled that under the EA 2010, sex meant "biological sex" without
establishing what this means. This created further confusion because,
under the EA 2010 it was already possible to discriminate against
trans people, albeit with a high bar, on a case by case basis and
in order to achieve a legitimate aim. In short, it was always possible
for women's groups to exclude trans women albeit within certain
bounds.This guidance now mandates that trans women only use men's facilities
and trans men use women's facilities, unless they look too feminine
or masculine in which case they may not, in which case some undefined
"third space" must be used. This puts trans people at risk and also
forcibly outing us, which is itself against the law. As for the risk,
it is highly likely that any such space would become known as "tranny
toilets" with all the risk of violence that entails.A more chilling possibility is that such guidance would make it effectively
impossible for any trans person in the future to medically transition.
This is due to the highly pathologised nature of trans medicine whereby
a diagnosis of gender dysphoria, which does not exist in ICD11, is
required for medical transition and a key part of this is demonstrating
living within acquired gender, including the use of appropriate gendered
spaces. This guidance will make that last part impossible and illegal.
The practical result of this will be to drive trans people from public
life. How for example can we go to the pub with our friends if we
are unable to use the toilet?This must be protested and fought against as the impact will not end
with trans people, indeed, already we are seeing cis women being impacted
if they do not look feminine enough. To this end protests are due to
be held across the UK with some already having been held.This is regressive, and must not stand.
-
> The Discrimination Of Being And Indeterminate Sex
On Thursday last the UK EHRC, which is in theory at least tasked with
improving equalities and human rights, released its guidance to Parliament
regarding trans citizens access to single sex spaces, and it is fair to
say the guidance is devastating.But first a little history. Back in the early 2000s in a case brought
before the ECtHR it was ruled that the UK was in breach of human rights
law, in that the UK defacto rendered trans citizens an indeterminate
third gender. This ruling resulted in the GRA 2004 and the EA 2010
resulting in trans people being legally recognised as our acquired
gender, within certain bounds. This existed for a decade until it was
in essence overturned by the Supreme Court ruling in April 2025 which
ruled that under the EA 2010, sex meant "biological sex" without
establishing what this means. This created further confusion because,
under the EA 2010 it was already possible to discriminate against
trans people, albeit with a high bar, on a case by case basis and
in order to achieve a legitimate aim. In short, it was always possible
for women's groups to exclude trans women albeit within certain
bounds.This guidance now mandates that trans women only use men's facilities
and trans men use women's facilities, unless they look too feminine
or masculine in which case they may not, in which case some undefined
"third space" must be used. This puts trans people at risk and also
forcibly outing us, which is itself against the law. As for the risk,
it is highly likely that any such space would become known as "tranny
toilets" with all the risk of violence that entails.A more chilling possibility is that such guidance would make it effectively
impossible for any trans person in the future to medically transition.
This is due to the highly pathologised nature of trans medicine whereby
a diagnosis of gender dysphoria, which does not exist in ICD11, is
required for medical transition and a key part of this is demonstrating
living within acquired gender, including the use of appropriate gendered
spaces. This guidance will make that last part impossible and illegal.
The practical result of this will be to drive trans people from public
life. How for example can we go to the pub with our friends if we
are unable to use the toilet?This must be protested and fought against as the impact will not end
with trans people, indeed, already we are seeing cis women being impacted
if they do not look feminine enough. To this end protests are due to
be held across the UK with some already having been held.This is regressive, and must not stand.
@alexadeswift The concept of "biological sex" as a meaningful legal classifier is intrinsically intersex phobic. There is no definition of biological sex that does not harm intersex people, and the concept is rejected by the scientific community.
By the way, intersex status is not a protected characteristic in the UK, which also still performs intersex genital mutilation on infants.
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@alexadeswift The concept of "biological sex" as a meaningful legal classifier is intrinsically intersex phobic. There is no definition of biological sex that does not harm intersex people, and the concept is rejected by the scientific community.
By the way, intersex status is not a protected characteristic in the UK, which also still performs intersex genital mutilation on infants.
As an intersex person myself, that is my daily lived experience!
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