Dotty
@dottyzen.bsky.social
I absolutely agree with this ruling in terms of his human rights, but I don’t understand how it works legally - doesn’t it break one of the criteria for a GRC which is to live in our gender for the rest of our life ?
October 19, 2025 at 12:36 PM
I absolutely agree with this ruling in terms of his human rights, but I don’t understand how it works legally - doesn’t it break one of the criteria for a GRC which is to live in our gender for the rest of our life ?
Am guessing the legal advice they’re suggesting is bcoz it will become contentious as to what is legally “proportionate” for their service, ie is it proportionate to go gender neutral or single-sex :- this depends on the users & their needs. Most providers will probs opt for gender neutral.
October 1, 2025 at 9:08 AM
Am guessing the legal advice they’re suggesting is bcoz it will become contentious as to what is legally “proportionate” for their service, ie is it proportionate to go gender neutral or single-sex :- this depends on the users & their needs. Most providers will probs opt for gender neutral.
Sadly SC law becomes law on the day a judgement is handed down, ie it already became law on 16 April.
The EHRC guidance itself is not law, it’s a statutory guide as to how providers can meet their legal Eq Act duties, incl lots of examples.
The EHRC guidance itself is not law, it’s a statutory guide as to how providers can meet their legal Eq Act duties, incl lots of examples.
September 30, 2025 at 9:57 PM
Sadly SC law becomes law on the day a judgement is handed down, ie it already became law on 16 April.
The EHRC guidance itself is not law, it’s a statutory guide as to how providers can meet their legal Eq Act duties, incl lots of examples.
The EHRC guidance itself is not law, it’s a statutory guide as to how providers can meet their legal Eq Act duties, incl lots of examples.
I believe the law that Scottish schools have to follow is the School Premises Regulations 1967 which is obviously legally binding and specifies separate facilities for boys & girls. Have you looked at that ? I’d be interested in whether this is being followed given the current situation.
August 28, 2025 at 5:36 PM
I believe the law that Scottish schools have to follow is the School Premises Regulations 1967 which is obviously legally binding and specifies separate facilities for boys & girls. Have you looked at that ? I’d be interested in whether this is being followed given the current situation.
This makes sense. 👍 Just because it’s a binary system doesn’t mean everybody pops out perfectly in line with the blueprint and those disorders don’t make them any less of a man or woman.
August 27, 2025 at 2:11 PM
This makes sense. 👍 Just because it’s a binary system doesn’t mean everybody pops out perfectly in line with the blueprint and those disorders don’t make them any less of a man or woman.
Ok, I get that. So the primaries are the gametes + the bits that get the gamete to meet up with the other gamete. (sorry about language!). And occasionally they don’t grow properly. But that’s still a 2 gamete reproduction system to make a baby. What have I missed ?
August 27, 2025 at 1:49 PM
Ok, I get that. So the primaries are the gametes + the bits that get the gamete to meet up with the other gamete. (sorry about language!). And occasionally they don’t grow properly. But that’s still a 2 gamete reproduction system to make a baby. What have I missed ?
Could u explain plse ? I thought sex was binary in humans because there are only 2 gametes ie egg or sperm, we have one or the other.
August 27, 2025 at 12:47 PM
Could u explain plse ? I thought sex was binary in humans because there are only 2 gametes ie egg or sperm, we have one or the other.
Agreed it’s not 100% inherently tied, but it is for the vast majority of people whether hetero or gay. I made the point supporting orientation because people had commented implying same-sex desire was bigoted & therefore (illegal) deception is fine. Why don’t people like me matter ?
August 25, 2025 at 6:26 PM
Agreed it’s not 100% inherently tied, but it is for the vast majority of people whether hetero or gay. I made the point supporting orientation because people had commented implying same-sex desire was bigoted & therefore (illegal) deception is fine. Why don’t people like me matter ?
What you’re describing is bisexuality. For lesbian, gay and hetero people desire is sex-based and pretty hard-wired. We fought hard for same-sex rights in the UK and there’s plenty of room for those rights to be respected surely ?
August 25, 2025 at 10:40 AM
What you’re describing is bisexuality. For lesbian, gay and hetero people desire is sex-based and pretty hard-wired. We fought hard for same-sex rights in the UK and there’s plenty of room for those rights to be respected surely ?
I agree there can be homo/transphobia involved. But if sexual orientation is real, valid & legally protected then people have a right to know sex of partner. If you take the position that orientation doesn’t matter then law change is needed plus it’s basically an argument that mandates bisexuality.
August 25, 2025 at 8:47 AM
I agree there can be homo/transphobia involved. But if sexual orientation is real, valid & legally protected then people have a right to know sex of partner. If you take the position that orientation doesn’t matter then law change is needed plus it’s basically an argument that mandates bisexuality.
If the law’s trying to safeguard consent against risks incl inebriation, deception etc, then obviously the responsibility for obtaining consent will always be with the person who is potentially vitiating it, which can include trans people. Are you thinking orientation shouldn’t be included in this ?
August 24, 2025 at 8:47 PM
If the law’s trying to safeguard consent against risks incl inebriation, deception etc, then obviously the responsibility for obtaining consent will always be with the person who is potentially vitiating it, which can include trans people. Are you thinking orientation shouldn’t be included in this ?
Yes it can - the CPS page says “Consent can be vitiated by an express deception or by a failure to disclose.” So disclosure of birth sex is necessary and therefore protects both parties equally.
August 24, 2025 at 7:33 PM
Yes it can - the CPS page says “Consent can be vitiated by an express deception or by a failure to disclose.” So disclosure of birth sex is necessary and therefore protects both parties equally.
You may be right, I read it somewhere recently but can’t find any reference to it now.
August 24, 2025 at 4:15 PM
You may be right, I read it somewhere recently but can’t find any reference to it now.
I guess Passing is a type of ‘deception as to sex’ which is no-one else’s business except situations where we’re breaking someone else’s rights, eg in bed. I don’t think it’s consensual if you say ‘they probably think I’m something I’m not, but that’s their responsibility.’ I think consent matters.
August 24, 2025 at 2:55 PM
I guess Passing is a type of ‘deception as to sex’ which is no-one else’s business except situations where we’re breaking someone else’s rights, eg in bed. I don’t think it’s consensual if you say ‘they probably think I’m something I’m not, but that’s their responsibility.’ I think consent matters.
I guess they think that for most people it matters what sex of person you’re with, and that need (right ?) can’t be ignored as it’s part of the fundamental ‘nature’ of the encounter (CPS word). Is it linked to sex-orientation (L/G or hetero) being a protected characteristic ? Dunno. Hard to fix.
August 24, 2025 at 7:25 AM
I guess they think that for most people it matters what sex of person you’re with, and that need (right ?) can’t be ignored as it’s part of the fundamental ‘nature’ of the encounter (CPS word). Is it linked to sex-orientation (L/G or hetero) being a protected characteristic ? Dunno. Hard to fix.
I agree the assumption is you have to be clear upfront about birth sex to get legal consent. Otherwise it’s not “informed” consent. CPS call it ‘deception as to birth sex’. I don’t think it only applies to trans people though - there was the case of Gayle Newland a few years ago ?
August 23, 2025 at 8:49 PM
I agree the assumption is you have to be clear upfront about birth sex to get legal consent. Otherwise it’s not “informed” consent. CPS call it ‘deception as to birth sex’. I don’t think it only applies to trans people though - there was the case of Gayle Newland a few years ago ?
I think the law is something like : if you use deception to obtain consent then the consent is deemed as not legal so the sex is non-consensual ie an offence. Saying she was on her period etc was deceptive as to what sex she was. Other types would be eg saying you’re using a condom when you’re not.
August 23, 2025 at 8:02 PM
I think the law is something like : if you use deception to obtain consent then the consent is deemed as not legal so the sex is non-consensual ie an offence. Saying she was on her period etc was deceptive as to what sex she was. Other types would be eg saying you’re using a condom when you’re not.
The thing that’s a bit confusing here tbh, is that she hasn’t published what her argument was that she submitted to the Sup Court I don’t think. And also I’ve heard that when she was rejected she could of appealed but didn’t. I’m a bit hesitant to donate at the mo as it seems a bit hopeless ?
August 21, 2025 at 12:30 PM
The thing that’s a bit confusing here tbh, is that she hasn’t published what her argument was that she submitted to the Sup Court I don’t think. And also I’ve heard that when she was rejected she could of appealed but didn’t. I’m a bit hesitant to donate at the mo as it seems a bit hopeless ?
You might be right, it might not be proportional. Maybe depending on the demographics of the venue too.
August 2, 2025 at 5:54 PM
You might be right, it might not be proportional. Maybe depending on the demographics of the venue too.
That’s a law change tho, which could take a long time. What do we do in the meantime ? We need gender-neutral in lots more places so we can all get on with our lives.
August 2, 2025 at 5:47 PM
That’s a law change tho, which could take a long time. What do we do in the meantime ? We need gender-neutral in lots more places so we can all get on with our lives.
It wouldn’t be direct discrimination but yes, it could well be indirect discrim ? But then they would probably balance that versus the indirect descrim against women if no single-sex were provided. I’m guessing they’ll end up saying wherever there are single-sex there have to be gender neutral too.
August 2, 2025 at 5:31 PM
It wouldn’t be direct discrimination but yes, it could well be indirect discrim ? But then they would probably balance that versus the indirect descrim against women if no single-sex were provided. I’m guessing they’ll end up saying wherever there are single-sex there have to be gender neutral too.
Not in the EA tho sadly. Because sex is also protected it counts as a material difference between people, & the comparison test has to be versus someone with no material differences except for the PC being tested ie gender reassignment.
We have to be campaigning for gender neutral facilities now.
We have to be campaigning for gender neutral facilities now.
August 2, 2025 at 1:37 PM
Not in the EA tho sadly. Because sex is also protected it counts as a material difference between people, & the comparison test has to be versus someone with no material differences except for the PC being tested ie gender reassignment.
We have to be campaigning for gender neutral facilities now.
We have to be campaigning for gender neutral facilities now.
Please don’t shout at the messenger here, but in gender reassignment discrimination claims, the comparison is versus someone of their own sex who doesn’t have GR, and not versus someone of the opposite sex.
See judgement para 89 - says Harriet’s treatment was not less favourable than other AMABs.
See judgement para 89 - says Harriet’s treatment was not less favourable than other AMABs.
August 2, 2025 at 12:11 PM
Please don’t shout at the messenger here, but in gender reassignment discrimination claims, the comparison is versus someone of their own sex who doesn’t have GR, and not versus someone of the opposite sex.
See judgement para 89 - says Harriet’s treatment was not less favourable than other AMABs.
See judgement para 89 - says Harriet’s treatment was not less favourable than other AMABs.
It’s about Epithelium : “In women of reproductive age, the vaginal epithelium is a unique, estrogen-sensitive, non-keratinized stratified squamous epithelium…’ Functions eg obvious things like secretion, contraction, expansion, delivering a baby.
pmc.ncbi.nlm.nih.gov/articles/PMC...
pmc.ncbi.nlm.nih.gov/articles/PMC...
Molecular stratification of the human fetal vaginal epithelium by spatial transcriptome analysis: Spatial transcriptome analysis of the human fetal vaginal epithelium
The human vaginal epithelium is a crucial component of numerous reproductive processes and serves as a vital protective barrier against pathogenic invasion. Despite its significance, a comprehensive e...
pmc.ncbi.nlm.nih.gov
July 30, 2025 at 6:21 PM
It’s about Epithelium : “In women of reproductive age, the vaginal epithelium is a unique, estrogen-sensitive, non-keratinized stratified squamous epithelium…’ Functions eg obvious things like secretion, contraction, expansion, delivering a baby.
pmc.ncbi.nlm.nih.gov/articles/PMC...
pmc.ncbi.nlm.nih.gov/articles/PMC...
It was a clumsy phrase but I think perhaps the point being made is that the vagina is an organ, with specific cell types which don’t occur anywhere else, and which carries out a number of specific functions as part of one of the key body systems ie the reproductive system.
July 30, 2025 at 10:03 AM
It was a clumsy phrase but I think perhaps the point being made is that the vagina is an organ, with specific cell types which don’t occur anywhere else, and which carries out a number of specific functions as part of one of the key body systems ie the reproductive system.