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Prof. Stephen Whittle OBE, PhD, DLaws, FAcSS, Profile picture
@stephenwhittle
May 22 • 4 tweets • 1 min read • Read on X
1. Ok - Stephen for 50yrs
Prior to 1996
- I lost many jobs. The advice was that if an employer would also sack a trans women that was being treated equally.
So TP who have the human right not to experience discrimination (art 13 ECHR) had less rights than none TP
.,,
2. Prior the the GRAct:
- my wife & I couldn’t foster, or adopt, & was refused fertility treatment because I am trans (art 12 ECHR)
- if my wife had died, Soc services told us they would put the kids in foster care whilst deciding if I could look after them (Art 12 & 13 ECHR)
…
3. When we had 1st child we asked if I could be registered as a parent (nb not as a father)
It as refused - so our children lost any privacy as to their conception solely (Art 13 & 8 ECHR) ..,
4. That is just a tiny part of the story of me & my family
I fought for my wife, we fought for our children

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More from @stephenwhittle

Prof. Stephen Whittle OBE, PhD, DLaws, FAcSS, Profile picture
May 17
1. Can using pronouns to misgender a person, including a Trans person, constitute unlawful harassment?

The law does not as a rule regulate pronoun use. There are a few: e.g. Lord , Lady, Sit which carry legal constrsints in very limited settings…. 1/13
2. … But he/him, she/her, they/their are just matters of social convention, used by people to categorise individuals & to be polite.

There are 2 types of unlawful harassment:
- Criminal (The Protection from Harassment Act 1997)
- Civil (The Equslity Act 2010 s. 26)…
3. … CRIMINAL: the Protection from Harassment Act s.1. states a person must not pursue a course of conduct which

- amounts to harassment of another,
- which they know or ought to know amounts to harassment of the other.
Or
- that involves harassment of 2 or more people ….,
Read 15 tweets
Prof. Stephen Whittle OBE, PhD, DLaws, FAcSS, Profile picture
May 11
1. A fundamental problem with the decision of the SCt in FWS:

The Court said it was a matter of statutory interpretation but they don’t appear to properly assess the entirety of the statute, the EqAct.

EqAct s11 says man/male, woman/female. …
2. But If s11 was to be taken to only mean sex as gonads, genitals & chromosomes, the Ct ignored entirely the decision of the ECtHr in Goodwin v UK, by failing to address the Human Rights of TP with a gender recognition certificate …
3. The Court appears to have dismissed those rights as laid down in Goodwin & has determined sex was as held by Ormrod LJ in Corbett v Corbett (1971)

Other than regressing the law 55yrs, the Court did not consider why the EqAct schedule 3 exists. …
Read 5 tweets
Prof. Stephen Whittle OBE, PhD, DLaws, FAcSS, Profile picture
May 10
1. Ok - an answer to question 1

There is no moral imperative on anyone to do anything - that would require belief in an overarching set of moral & ethical principles guiding the world we live in.

But we are just a jumble of evolutionary chances, there is no omniscient mind. 1/5
2. In my world, we exist communally in society.

In order for society to be community, I hope we do what we can to afford each person the opportunities to live their best life during such limited time as they/we have.

I believe we choose - to beat our own path
OR
…
3. … we follow the path of the social imperative, wherein we improve life for all during our short time in this world.

I give regard to all as they present, & afford them respect until they do something to lose it. I hope for the same in return
Read 7 tweets
Prof. Stephen Whittle OBE, PhD, DLaws, FAcSS, Profile picture
May 8
@MForstater SM team could give the world proof of their sex (however they define it - but not just the easily lied about ‘I gave birth’ statements.)

Then we can see whether the rest of us needed to know that proof

Govt has many systems that records self reported ‘sex’…
2. Those records are cross correlated with already known data held by govt agrnces

HMRC, DSS, DVLA, school, clinical, & Passport records all keep a record of any ‘change of sex/gender’. Those are accessible to relevant parties e.g. for paying pensions, immigration etc
3. Further Govt can access records of all those with a gender recognition certificate

So who else lneeds to know: Spouses & partners

Partners have either reached the trust stage or they haven’t. But non-disclosure about being trans or telling a lie about …
Read 6 tweets
Prof. Stephen Whittle OBE, PhD, DLaws, FAcSS, Profile picture
May 4
1. But that still doesn't permit the EHRC to go beyond its remit and instruct service providers to discriminate

The EHRC's remit is to prevent arbitrary and unfounded discrimination
Discrimination is often acceptable, we don't let 5yr olds/Blind people obtain driving licences...
2. But when a SP chooses to provide a service, it is up to them to decide what, how and to who that service will be provided.
SP's have an absolute right to exclude anyone so long as they do not exclude anyone because of their protected characteristic, unless there is an...
3. ... an exemption contained within the Act.

e.g. SP's must provide equal access for those with disabilities, unless the cost of providing access is prohibitive for the business.

Single & Seperate Sex SP's can continue to choose how they provide services. The EHRC ...
Read 5 tweets
Prof. Stephen Whittle OBE, PhD, DLaws, FAcSS, Profile picture
May 4
1. I think I am correct & know that
Service providers (SPs) get to decide what services they provide, how & to whom
SPs have an absolute right to exclude any person provided it is not because of a protected characteristic
SPs who provide a single or Seperate sex service …
2. … may exclude a TP if it us both legitimate or proportionate to do do

Note the MAY

SPs of S/SS services may choosr to continue providing them to anyone who needs them including TP. They may choose to rename or reorganise a service so as not to exclude TP

The role of …
3. .., the @EHRC is to prevent arbitrary & unfounded discrimination because of a persons protected characteristic & to ensure the Human Rights of all are both balanced & upheld

The EHRC’s interim guidance is legally incoherent in that it gives insufficient consideration to …
Read 13 tweets

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