I thought the accusation by JR that to use female pronouns in public but then "misgendering" in private is classic bully behaviour was a good argument. Of course misgendering is bullshit, but Sex Matters advises to do that, selecting when to use preferred pronouns.
It is an irrational compromise that exposes you precisely to the sort of charge that JR leveled at Sandie Peggie. As for the upcoming disciplinary hearing, it was the judge in Forstater to say we cannot misgender with impunity? What did people think that meant?
To decide when to grant and when to withdraw the "privilege" of female pronouns for a male is the sort of irrational behaviour that employers will not look at with favour. It is like being nice in public while abusing in private, they will think.
This case forces, at least, compromisers to make choices. Gender ideology cannot be both insane and toxic and worthy of respect. Pronouns cannot be withheld by personal choice and a standard that a judge will apply in harassment cases .
So I am not joining the outrage at NHS Fife's actions, outrageous as they are. You celebrate the Forstater judge saying we cannot misgender with impunity, and then wring your hands when an employer wants to punish misgendering?
Only those of us who warned about the ticking bomb that was the misgendering with impunity proviso can say, We told you so.
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I often thought most lawyers, and especially male lawyers, are not bothered with the arguments about repeal of the GRA because only women are directly affected. The same human rights arguments used to advance the rights of "transwomen" are discounted when used for women.
And in fact there are valid human rights arguments for repeal. I have made them repeatedly and also argued the ECHR does not prevent repeal as a matter of law. But there is another, and in my view more disturbing, dimension.
I have argued forcefully before that the GRA introduces a category error in law. This is well above what "deeming provisions" (the fashionable interpretation) do in law. A deeming provision introduces a legal fiction whereby something is to be "deemed as" something that it is not
If people who disagree with me on the repeal of the GRA were actually on top of the law they would be able to see the same aporias I can see.
For example, s9 GRA says that the GRC serves for all purposes. Surely this must include obtaining IDs in the acquired gender, right?
But no, if you are a man you can get an ID with a female sex marker without a GRC. So I deduce two things: 1. The all purposes proviso is clearly qualified, because it does not even include all legal purposes.
2. On top of not being relevant for marriage and pensions, the GRA is not relevant for documents (spoiler, it never was, thanks to the male lover of a future Lord, who wanted a female ID). So what is the GRA actually good for?
The last year has taught me one thing. There is a very powerful group of influential men and women who describe themselves loosely as gender critical who are obsessed with preserving the GRA, in a manner that finds no parallel amongst "trans people" and their allies.
I am trying to be generous and presume maybe they are so afraid of a potential amendment of the GRA in the direction of self-ID that they are intent in preserving it in its current form. But this does not explain their concerted attack against me. I am a foreigner with no job.
In January 2023 I published an article on @TheCriticMag laying out the case for repealing the GRA. The Critic contacted me after a thread I wrote on Twitter on this topic. The case for repealing the GRA thecritic.co.uk/the-case-for-r…
Sulla GPA/utero in affitto. Le persone che dichiarano di essere a favore, mostrano di non avere la minima idea di cosa comportino i contratti per GPA, persino in paesi con un sistema legale sofisticato come gli USA. Quindi un elenco dei problemi gravissimi nei contratti
1. La donna deve avere già avuto un figlio ed essere sposata in un matrimonio etero. Per il rodaggio si capisce. Bisogna ridurre il rischio di problemi legati a gravidanza e parto. Le gravidanze per GPA sono ad alto rischio comunque.
2. L'ovulo in genere deve provenire da un'altra donna, di modo che non vi sia alcun legame genetico tra la madre surrogata e il bambino. La donna è ridotta a contenitore. In tal modo è possibile avere un bambino bianco da una madre di colore, che magari costa anche meno.
The right wing man wants women to be empowered by being a homemaker.
The left wing man wants women to be empowered by being a sex worker.
The right wing man wants women to make babies for him.
The left wing man wants women to make babies to sell.
The right wing man says only women have a vagina.
The left wing man says men decide what women have.
The right wing man wants women not to have access to abortion.
The left wing man says not only women need abortions.
There is one basic intellectual mistake many legal commentators are making trying to find a compromise whereby sometimes transwomen can be considered as women by the law.
Thanks to the work of feminists (NOT of male legal commentators) the law has already been neutralised. Sex does not matter in many circumstances where it used to matter, such as voting rights and property rights.
Sex only matters when women, as females, need a specific recognition of their sex. When sex does not matter, it cannot be extended to cover transwomen as a form of woman. They are men.