This is really bugging me, I know it shouldn't but...
appose
/əˈpəʊz/
verbTECHNICAL
place (something) side by side with or close to something else.
"the specimen was apposed to X-ray film"
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You're right, the Haldane judgement was a game changer. I remain bewildered by it. A bill which makes it easier for a male to 'become a woman' already had clear implications for women's rights but the Haldane judgement, which means they don't only change their gender but their sex reduces the concept of womanhood from a biological certainty to a mere identity, something anyone can assume should they so wish. Madness.
For a supposed feminist like Sturgeon to have so stubbornly insisted we enter this land of make believe, refusing to countenance even amendments like banning sex offenders from changng sex, is mind-boggling. The unhinged nonsense spouted by the likes of Maggie Chapman this week also underlines the perils of making the Scottish Greens your bedfellows. This is a mess of Sturgeon's making no matter how stridently she tries to blame Westminster.
Sarwar got the right tone tonight on Scotland Tonight. Admitted he doesn’t agree with Starmer. I suspect his backbenchers had words.
Needs to not go into hiding for 24 hours when things are happening though but better non the less.
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You realize the bill works both ways right? It also "reduces the concept" of manhood from a biological certainty to a mere identity (if that's your way of looking at it). As a man, I can't say I really care to be honest. If a biologically born female wishes to transition into a male due to the way they identify themselves, that's none of my business and certainly not my place to tell them that they can't.
As for "stubborn Sturgeon", she (as pointed out multiple times already in this thread), put forward a bill that was backed by MSPs from every single party in Holyrood. SNP, Greens, Lib Dems, Labour and tory MSPs.
The only "mess" here is the one being stirred up by the 2 main parties at Westminster, who are in a race to the bottom to appeal to as many Daily Express readers as possible. There's absolutely zero justification for the actions being taken here and the "reasons" given for it. Because if there was any justification, a Section 33 order would have been enacted, rather than the nuclear option of Section 35 which allows the UK Government to effectively block any bill put forward by a devolved parliament, covering devolved areas, bypassing the court in the process.
12 of the 14 organisations funded by the Scottish Government.
https://archive.ph/f0kR9
"Gender bill lobbyists get millions from SNP"
"Scottish charities and civic groups that criticised the Westminster government’s decision to block Holyrood’s gender recognition laws receive millions in funding from the SNP-led administration"
I wonder if there is one single Scottish Government funded charity or civic group that is critical of the Bill? I haven't seen any.
Imagine if this was the Tory's funding these groups and they were coming out against the Bill supporting the UK Gov position, would the reaction really be nothing to see here, I am sure they are all impartial and don't let their funding situation influence their views? Either deliberately or via an unconscious bias. I would say that's highly unlikely, yet we seem to think it won't happen in Scotland but of course it would happen in England.
I am sure for many things they do, but on this occasion and in the past something doesn't add up. The accusations of the committee stage being stacked in favour of pro GRA activists and those against it being ignored or not even being called to give evidence. The multiple warnings about how this would impact the Equality Legislation in the UK widely ignored as well and then a coordinated response from SG funded groups all supporting the SG. You add it all together and it doesn't sit well.
I accept I have zero proof so I can't say this for a fact but when you look at this and add in everything else about the GRA it doesn't sit well.
Again only an opinion but it feels like a group of extreme trans activists have hijacked the Bill, people like Maggie Chapman, and they have taken the Scottish Government with them on the ride as seemingly willing participants.
I do wonder if there had been a free vote would we have seen more SNP and Labour MSPs vote against it. I saw one SNP MSPs basically say he had to vote for it as it was a whipped vote.
I have zero evidence but because I stand alone with the Conservative Party something must be wrong?
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My opinion is that you don't give a monkeys about trans rights or the women who might be affected by the law. Its all about your parochial vendetta against the SNP and "wee nicky".
The country as whole is in the **** but oh look, a wedge issue!
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No, you’ve got it all wrong. It’s all about protecting women. That’s why they are all over the other thread about protecting women on the board. It’s a real passion. They are so passionate about it they are now attacking women’s charities and wanting them defunded.
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See that wasn't that hard was it. My opinion is you are wrong, I disagree with allowing 16 year old children to self ID as a female or male at such a young age and I disagree with the fact convicted sex offenders can also self ID and potentially use it for committing yet further crimes. I also disagree with the path it's taking and the Greens talking about 8 year old children being able to self ID and be given puberty blockers. But if you support that kind of thing that's your right.
Maybe you just support it because like others you support everything the SNP do? Works both ways you know.
Do you support 16 year olds self IDing? If you do why? I have given my reasons why I don't.
I don't have any strong views on culture war issues and think a lot of equalities/rights legislation is flawed. I doubt you've noticed but I'm not the strongest supporter of the SNP.
I'm also reluctant to argue each and every issue with someone who's views are always going to be transparently biased, every day, in every post, on every issue.
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I support the SNP in their aim to make the lives of trans people easier, I just don't support some aspects of the Bill that I mentioned above like allowing 16 year olds to self ID and convicted sex offenders to do the same. I think you will find my views on these issues will actually be the majority position and I am not out of line with the majority of the public.
Yeah, yeah as in being sarcastic.
As in - I don't believe you are posting on certain issues in good faith and that the only reason for your participation on most threads is because you hate the SNP.
I might be wrong of course and if I am, ah well its only a forum.
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https://www.theguardian.com/commenti...e_iOSApp_Other
Guardian editorial.
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Hold on a minute. Society takes lots of rights away from people who commit offences. In some western societies the state is enabled to kill people. Fortunately we don't do that here, but the idea that restrictions on rights of offenders is somehow odd is just bizarre. Indeed we restrict the rights of people who haven't been convicted. Have you heard of remand? So the level and nature of restrictions on offenders is up for debate. Personally I think it is legitimate to restrict access to the process when a person is accused or convicted of sex crimes
This is from a blog which is run by people concerned with the legislation, but it does walk through the issues and process (so far as it is understood) https://murrayblackburnmackenzie.org...tin-amendment/
You are the one who keeps bringing up trans people and sex offenders and linking them. I am not concerned at all about trans people, I am concerned about sex offenders though. Shouldn't we all be?
I am intrigued as to why you support this part of the Bill though?
The registered sex offender has to notify the police themselves they are applying for a GRC. Now call me naive but why would a registered sex offender notify the police if they are planning to obtain a GRC if they have bad intentions. Another example of poor legislation.
I don't see why a safeguarding amendment to stop convicted sex offenders applying was voted down, or at the very least some stronger safeguarding was not put in place.
And no I never mentioned trans people once, it's not trans people that are the problem here, it's sex offenders. (For Oz)
Ta :)
MBM have a history of being against the bill, so I'm trying to put that to one side. :greengrin
It does, though, give a reasonable view of how things might work in practice. On the face of it, it seems sensible enough, although my non-lawyer brain has a bit of fog around some of it.
Like all new legislation, until we have some experience of how things work in practice, we can't know of any unintended consequences. That's what the review period is for. That said, if some of the more extreme predictions come to pass, I'd hope they'd be brought back to Parliament PDQ.
The reply was in response to Ozyhibby who appeared (although I can't really believe this) to be concerned that sex offenders and those accused of sex offences would have their right to apply for a GRC constrained. This amendment to the Bill was voted down and instead an amendment was passed which introduced the notification and risk assessment requirement.
Some (rather polemical) lived experience https://4w.pub/you-meet-more-perverts-when-poor/
I know you are joking, but I find it really instructive to read stuff by people I don't agree with supporting issues i don't agree with. It helps hone the arguments (and sometimes changes my mind). I'm less certain that there would be a quick referral to the Parliament if there were emerging issues. That's partly because of practical issues with legislation and also because this has become such an article of faith that I think it would be difficult to acknowledge flaws.
But even if they have a GRC, they are still a convicted sex offender and the same laws and restrictions will still apply to them. There seems to be people who think that a GRC will allow offenders to circumvent restrictions that are placed on them following their convictions. This simply isn't the case.
But this is a new law, so the same laws don't apply as this law doesn't exist today. I am sure if someone convicted of a crime that very likely involved lying and manipulation sees even the smallest advantage to be gained they will take it. I don't think it's unreasonable to ask for greater safeguarding to be in place. I guess we will just need to agree to disagree on this point.
This may be a new law, but it has zero effect over already existing laws pertaining to the restrictions that are already placed on convicted sex offenders. There has been over 5 years of parliamentary scrutiny to ensure that this is the case, which is why the bill received cross party support right across the board.
The 39 MSPs who opposed the bill are not interested in reforming the bill further, they just wanted to delay the bill indefinitely.
That's a telling phrase. The reason women's rights groups expressed such furious opposition to this bill is because making it easier for males to 'become women' poses a far more significant threat to women's rights than a female 'becoming a man' does to men's rights (such as they are). The UK government is correct to have taken the action they have to defend women's hard-won freedom of association from those who deemed this peculiar, unpopular bill a good idea. To erase the very idea of womanhood is to erase women's liberties. Just because a man says he is a woman doesn't make him one, no matter how loudly those who seek to dismiss biological reality claim it does. To denounce those who stand up for that biological truth and women's rights as somehow transphobic is desperate stuff.
As for the supposedly harmonious cross-party backing for the bill, I think I'm right in saying the Tories were the only party to allow a free vote. It would have been interesting to see whether it would have enjoyed such backing if the whip had been withdrawn, with the unprecedented SNP rebellion hinting at a deeper concern over a bill which IMHO transcends political allegiance.
Well not just elements of the SNP. The amendments in the Parliament to reflect the special status of marriage were led by now FM. It's interesting to look back on section 28. There was a very widespread keep the clause campaign. The main SNP funder led a campaign to oppose the bill, including a privately funded referendum. There was chatter at the time that the SNP used the Catholic church's opposition to the bill to drive a wedge into Labour voting heartlands. Arguably this was a smart long term strategy from Salmond. I think it's too strong to say this was a turning point, but I do think it was significant on the growth of the SNP. It might have been cynical, but it was effective in the long run.
The UK government took the cowardly action of blocking a devolved bill from reaching royal assent without legal scrutiny, as they were afraid that they were going to lose in a court of law. Hence the use of Section 35 rather than Section 33.
In doing so, they've effectively opened Pandora's box. What's to prevent them from enacting section 35 whenever a devolved government implements something into law that they simply don't like the look of, even if it has no effect on England?
There's your "union of equals" right there.
I'd say, and a lot of others have too, is the more obvious conclusion to be drawn is the Tories were looking to pick a fight for political/electoral reasons.
I don't think their recent legislative history in general supports an argument they were opposed to it because it's 'ill-advised'.
Lord falconer and Dominic Grieves debate on drive time on radio Scotland.
Seems clear that there is no change to whether those people who run refuges can prevent people accessing such places.
Totally. If you were looking to see which party was using this as a culture war battle (ie a distraction) you only have to look at their track records. Which politicians are more prone to
"Anti-Woke" bogeyman stuff? (..and bogeywoman stuff, just to stay on point...)
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I disagree with some of what this lady says, but equating her (who started an organisation against section 28) or Joanna Cherry of being like on the wrong side of section 28 is daft
https://mobile.twitter.com/joannacch...41573284036623
Joanna Cherry KC
@joannaccherry
My constituent Sally has written a very personal piece explaining why many #lesbians fear self ID & worry that gender identity theory forces lesbians back into the closet & enables #lesbophobia. I applaud her courage & eloquence
IIRC the Haldane ruling centred on a more recent piece of legislation regarding gender balance on public boards. For Women believed that this conflated with the Equality Act (which includes separate protections on the basis of gender reassignment and sex). They won their initial court challenge but believed (rightly IMHO) that the SG's commitment to reword the guidance notes failed to remedy the anomaly. Last December's ruling was, as far as I am aware, the first time it has been spelled out what a GRC does - a crucial development ahead of the GRA vote. Invevitably, those backing the bill claimed that we'd all known for years what it does but that simply wasn't the case. I cannot imagine the earlier legislation would have passed muster had it been made clear that a GRC results in a change of sex. That's why Haldane's ruling was so controversial.
As Susan Smith of For Women pointed out after the ruling: "We asked the Scottish government if they could give us their interpretation of what it meant for someone to have a GRC, and they said it was a simple administrative change and made no difference. And then they went to court and argued the opposite."
This page from May 2022 is consistent with Lady Haldane’s judgment from December. I haven’t read the equality act but from the 2 things, it seems to refer only to sex and that sex is determined by birth but can be legally altered by a GRC.
https://www.equalityhumanrights.com/...sex-and-gender
I see Alistair Jack is refusing to appear before the Holyrood equalities committee. Apparently it’s not his job. So much for working together for a solution.[emoji849]
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Personally I think UK Ministers should take up the Committee invitation. I also think Scottish Ministers should reciprocate when invited to Westminster. That is the grown up approach. I do wonder, however, whether there is a nervousness about this with the upcoming judicial review. If you were a lawyer what advice would you be giving Mnisters about making statements that could be used in the JR? I genuinely don't know the answer to this.
Cherry makes a good point here:
https://www.thenational.scot/politic...nge-post-indy/
So you keep claiming. I'm not going to pretend I know that that is, although it rings a bell with regard to a grim stand-off with the landlord of a flat I was renting many years ago. I guess there must be innumerable section 33s though.
I didn't know what an s35 was either until a few weeks ago, but whichever 'section' most effectively puts a hold on bad law makes sense to me.
Joanna Cherry: Gender bill might well have faced legal challenge in an indy Scotland
EVERYONE knows I am opposed to the Gender Recognition Reform Bill. However, I believe the problems it creates should be addressed in Scotland if not by our Parliament, then by our courts.
That said, to describe the use of the Section 35 power to block the bill as an attack on devolution doesn’t really make sense. It is of the essence of devolution that the devolved Parliament is subservient to the UK Parliament that’s why we as nationalists want independence.
In an independent Scotland the passing of the bill by a parliamentary majority would not necessarily have guaranteed that it would have become law without further challenge.
If we were an independent country with a written constitution, I predict this bill would be facing a legal challenge based on the concerns about its impact on equality law and human rights.
If you cast your mind back to the summer of 2014, you will recall that the transitional constitution (published in a white paper with a foreword by Nicola Sturgeon) enshrined the protected characteristics of the Equality Act and the rights protected by the European Convention on Human Rights (ECHR) in Scotland’s new constitution.
Those protected characteristics include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Not in a hierarchy but all deserving of equal treatment.
So, let’s have a little bit less hysteria and more cool heads. The women, the old ladies, people with disabilities and those who are same-sex attracted who have valid concerns about the impacts of this bill are as deserving of having their voices heard as the trans people whom it may benefit. They don’t deserve to have their voices drowned out by this issue being turned into a constitutional foootball.
I am not opposed to simplification of the process of gender recognition for trans people, as was promised in the SNP manifesto, but simplification should not mean eliminating safeguards. The First Minister has said repeatedly the bill gives no new rights to trans people. That is correct. You will search in vain for the word “trans’ in the bill. It’s not there.
Instead, the bill creates a new right for anyone to self-identify as the opposite sex with next to no meaningful safeguards. It’s pretty obvious that giving any man the right to be able to self-identify as a woman will impact on the rights of women to safety, dignity and privacy. And, for lesbians, the fact that any man can say he is a woman poses a threat to our right to be same-sex attracted.
Let’s just remind ourselves of the sort of safeguards to the bill that were voted down in the Scottish Parliament. An amendment to prevent known sex offenders from obtaining a gender recognition certificate (GRC); an amendment to prevent those awaiting trial on sex offences from applying for a GRC (which would have protected rape victims from the humiliation of having to use female pronouns to refer to their attacker in court); amendments to protect vulnerable women in prison; amendments to ensure those receiving intimate care could elect to receive it only from members of their same sex; amendments to allow the continuation of single-sex wards in health care settings.
Are we really saying this is acceptable and justifiable?
She argues her case well as always and given that she does have a legal background her words carry some weight. Up there with some of the best stuff from people with opposing views. Strip out the needless party political point scoring and there has been some really good debate around this.
She makes the point that if we were an independent country it would still have been challenged. I don't think anyone has argued that wouldn't be the case tbh.
You only need to look at the laws challenged in the last 10 years to see that.
We'll still be able to challenge laws made in an independent Scotland.