Yes, it makes sense, yes it was an observation. It wasn't a useful observation.
We shall disagree.
Yes, it makes sense, yes it was an observation. It wasn't a useful observation.
The difficulty is that this is what a lot of equality legislation demands. Each restriction has to be able to demonstrate that it is reasonable and proportionate, and if accommodations can be made then they must be made. You can no more keep transwomen out of women's sports, or women's changing rooms as a default, than men can keep women out of the boardroom. You have to be able to answer the question "why?" and evidence it and show there is no way of making it work.Why? Why would it be incredible or unethical to enforce the pre-existing criteria that no males are allowed to compete in female sports categories?
Transwomen are MALE. They are males that wish to circumvent existing limitations. Shouldn't it be expected that research needs to be conducted to support that subset of males being treated as an exception to an already in-place rule?
Psychologists don't diagnose anyone as being a transman or a transwoman.
It's simply not credible or ethical to try to resolve a dispute by revering the burden of proof.It's simply not credible or ethical ... to issue an evidence-free ban on transwomen competing in the women's category.
I am still intrigued by efforts to paint this as a left/right or progressive/conservative issue because it doesn't conform to that at all as I understand it. And it is pretty clear that at least one right of centre member here is pro selfID and more than one left of centre member is anti selfID. I can discern this because I am exactly in the centre of course.
In practical terms, we're talking about a subgroup of men that want access to sex-segregated spaces for women (both literal and abstract), on nothing more than their claim of entitlement to that access.I don’t think it should in the sense of an obligation, but I don’t see why we shouldn’t consider what this distinct sub group of men wants and where possible accommodate those wants.
sports administration bodies can and will exclude transwomen from competing in the women's category at the elite and sub-elite level. But (and here is the critically important kicker) they will only make that determination following a proper investigation into the scale of the advantage gained by transwomen as it relates to their particular sport.
Darat said:I don’t think it should in the sense of an obligation, but I don’t see why we shouldn’t consider what this distinct sub group of men wants and where possible accommodate those wants.
Darat said:But I do want to pick up on one thing: “…. There is no objective characteristic of "transwomen" that they have in common with women that all men do not have in common with women….” If research did find such a characteristic - say something like a region in the brain that was only found in women and in trans women would that change your mind as to whether they should be granted “special privileges”?
It's simply not credible or ethical - and it would potentially be unlawful in most relevant jurisdictions - if (say) the ITF (tennis world governing authority) were simply to issue an evidence-free ban on transwomen competing in the women's category.
It's simply not credible or ethical - and it would potentially be unlawful in most relevant jurisdictions - if (say) the ITF (tennis world governing authority) were simply to issue an evidence-free ban on transwomen competing in the women's category. They will need to have proper studies that are tailored specifically for tennis, with expert opinion and as many case studies as possible. Only after that process has been carried out will they have the authority to ban transwomen. And that's exactly as it should be.
Not aware of any transatlantic issue or divide.Progressive politics in the US strongly supports "inclusion"; in the UK this has been a much weaker argument.
This conversation would have gone very differently if it were actually about a medically-recognized psychological condition, with an established and ethically-sound course of treatment accepted by mainstream medicine.
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Now you say you think it seems like psychologists recognize transwomen**. But what does that even mean? What objective criteria distinguish transwomen from other men? Oh, right: They claim to be transwomen. But you don't need a psychologist to recognize that tautology. Is it your proposal that public policy should be based on fiat self-ID?
Or do you propose that public policy should be based on some other, perhaps medical, criteria?
...snip...
I have great sympathy for trans people, I can understand them just wanting to be themselves and they find it terrible when they can't be. I.e. a trans man being told they have to use the women's toilets.
I don't support the idea that one should be officially able to change their gender just by saying so, it isn't like changing a name.
If someone has as the case is currently in the UK been medically diagnosed and lived as their preferred gender for 2 years I think they should be able to have their gender officially changed.
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You do realise that what "Gender Critical Feminism" is apart from it being a genuinely held belief really had nothing to do with why she won the part she did? From the summary statement: The tribunal held that her gender critical belief that Stonewall wanted to replace sex with gender identity, that the absolutist tone of its advocacy of gender self identity made them complicit in threats against women, and that it eroded women’s rights and lesbian same-sex orientation, was a belief protected under the Equality Act. The tribunal did not have to decide whether that belief was correct. (If you want more details see 54 in the judgement.) She won - like the vegan case a few years back - because it was considered that her beliefs fell under the protected "beliefs/philosophy" section of the act. It's part of our human rights as set out in article 9 of the ECHR. i.e. a right to expression of our beliefs, our thoughts and so on and not be discriminated against for holding those views. The initial decision on that part was so obviously wrong.The first paragraph of Allison Bailey's defence against the complaint pretty much sums up my exact position on this issue (key phrases are highlighted)
Gender Critical Feminism is a well established and recognised strand of feminism. It holds that sex is an observable reality. A person's sex is defined by whether, if their body is functioning as it should, their organs produce sperm or eggs. There is no historical example of any human whose body produced both. As a result of this, gender is not a replacement or alternative to sex, but is merely an identity ...snip...
The reason that some leagues have been slow to come to firmly defined rules is not because of a lack of evidence. It's because they depend on public support and are afraid of a backlash, which could come from either direction. They are thrust into a politically divisive issue and know they will get burned no matter what stance they take. It's a no win situation for them. So they try to do little or nothing until they are forced to make a choice.
There is a significant transatlantic divide to take into account.
Progressive politics in the US strongly supports "inclusion"; in the UK this has been a much weaker argument.
The first paragraph of Allison Bailey's defence against the complaint pretty much sums up my exact position on this issue (key phrases are highlighted)
Gender Critical Feminism is a well established and recognised strand of feminism. It holds that sex is an observable reality. A person's sex is defined by whether, if their body is functioning as it should, their organs produce sperm or eggs. There is no historical example of any human whose body produced both. As a result of this, gender is not a replacement or alternative to sex, but is merely an identity concept. A person may feel that that they identify to a particular gender, but a person's gender cannot supplant their sex. As a result of this, a person who has the gender identity of a trans woman (a person born as a male, but who identifies as a woman) is not a woman. The same is true of a trans man. If they choose to so identify, then that is to be respected, and for example if they have chosen and adopted pronouns these can be used. But in any scenario in which that chosen gender identity conflicts with the rights of women, then the rights of women should prevail. A person cannot change sex and rights, freedoms and provisions that are reserved to women are reserved to women on the basis of their sex, not their gender.
Setting aside any adverse medical condition suffered by an individual, my criteria for whether an individual is a man or a woman (for the purposes of participation in sports and entry into sex-based safe spaces) is as follows...
1. A person who is biologically capable of conceiving and bearing a child, and not capable of fathering a child is female, and therefore a woman. Such a person can never be a man/male.
2. A person who is biologically capable of fathering a child, and not capable of conceiving or bearing a child is male, and therefore a man. Such a person can never be a woman/female.
This is immutable AFAIC. A man is perfectly within his rights to feel like he is a woman, to wear make-up and women's clothes, to change his name to a woman's name, to undergo medical therapies and/or surgery to change their appearance, and to insist on being referred to as she/her. However, none of that magically makes him a woman, and nor should it permit him to participate in women's sports, or allow him right of entry into sex-based safe spaces.
Pros and cons. The same process that might have given you those rights, could also give out rights you are less keen on.My impression is that the "inclusion" argument is stronger in the UK, in part because females have explicit rights and protections in place, which we in the US still lack after 50+ years of trying. Technically, all we have is the right to vote, everything else is state-by-state and convention.