In July 2018, the High Court rejected Elan-Cane’s argument that the passport application process was “unlawful” for not allowing individuals the option of requesting an ‘X’ in the sex marker field.The Court of Appeal upheld the ruling in March 2020.On December 15, 2021, the Supreme Court unanimously dismissed the appeal, finding that Elan-Cane’s interest in being issued a passport with ‘X’ in the sex marker field is “outweighed” by other considerations, including “maintaining a coherent approach across government.”Lord Robert Reed, President of the Supreme Court, determined: “The form is concerned with the applicants’ gender as a biographical detail which can be used to confirm their identity by checking it against the birth, adoption or gender recognition certificates provided and other official records. It is therefore the gender recognised for legal purposes and recorded in those documents which is relevant.”The United States issued its first passport with ‘X’ as the sex marker in October. Argentina, Australia, Canada, Denmark, India, Malta, Nepal, the Netherlands, New Zealand and Pakistan also permit sex-neutral passports.
- Some parents are concerned TikTok is fuelling a ‘social contagion’ of pressure
- More than a quarter of all British TikTok users are aged between 15 and 25
- Videos with the hashtag #Trans have been seen more than 26 billion times
- TikTok signed a partnership earlier this year with Stonewall, the controversial lesbian, gay, bisexual and transgender rights charity, to promote this material.
A trans-identified male inmate in South Dakota has filed a federal lawsuit against state Department of Corrections employees, alleging he is not being treated as a woman to his satisfaction.
Jenna Hansen, born Jason Lane Hansen, is a biological male who claims to identify as a woman. Hansen is currently serving a 70 year sentence, first detained after abducting an 8-year-old girl from a playground in Box Elder, South Dakota in 1998. The charges related to Hansen raping the girl during her abduction were dropped as part of his plea agreement.
Years after his imprisonment, Hansen’s DNA was used to connect him to the 1997 rape of a 5-year-old girl in Rapid City, for which he was found guilty and sentenced to an additional 40 years that would run concurrently with his previous sentence. During the trial, Hansen claimed insanity.
In his suit, Hansen is demanding to be provided accessories, hormones, and other amenities which he says were not provided to him, even being denied the accessories by the prison committee which exists specifically for transgender inmates.
Hansen is specifically requesting the court declare that the mistreatment outlined in his complaint were unconstitutional, as well as issue injunctions for the prison to provide him with make-up and other hygiene products such as sports bras, boxer briefs, body hair removal, head hair growth hormones, estrogen enhancers, testosterone blockers, private strip searches and showers while confined within the special housing unit, gender changing surgery, a legal name change, and counseling.
Hansen is also seeking $700,000 in damages.
NL — . A pregnant woman who identifies as ‘non-binary’ has won a court challenge against a law requiring those who wish to have ‘X’ put in the sex marker field of their passports – in lieu of male or female – to first undergo psychological assessment. The individual is still involved in a separate legal dispute to be named ‘parent’ rather than ‘mother’ on the child’s birth certificate.
As Verainer – who was addressed as she throughout the 15-minute hearing – walked into court, together with a helper, bells jangled from the costume.
At an earlier hearing – appearing in pigtails and sucking a dummy – Verainer had denied the charges.
In November 2016 Verainer was given a ticking off from a judge – after sitting in the dock during a case hugging a large doll.
On that occasion Verainer, asking to be called Jorven Seren and claiming to identify as a five-year-old girl, was jailed for 15 months for kissing a girl outside a cafe in Thanet.
A Central Coast public school gave children as young as seven a lesson telling them gender is “the way you feel on the inside”, sparking a backlash from some experts who say teachers must not peddle their views on gender theory in the classroom.
Umina Beach Public School deputy principal Melissa Harrison wrote to parents last month declaring gender lessons were needed because of “child protection” and were supported by the Anti-Discrimination Act.
“As part of our child protection unit Year 2 classes will participate in a lesson about gender diversity,” the message read. “Gender refers to the way that you feel on the inside. It might be expressed by how you dress or how you behave and for some people these things may change over time.
Opinion: A ban on victims selling their silence will have unintended consequences.
In most disputes about bullying or sexual harassment there is a common desire to seek resolution with minimal disruption to the careers and damage to the reputation of all stakeholders – employers and employees included. Most do not want media scrutiny. Most want confidentiality and privacy, which can be achieved with an NDA, which is often a two-way agreement.
Banning silence will not achieve these ends and would, in fact, stifle prompt and (comparatively) painless resolution of complaints and, importantly, fast access to compensation.Sexual harassment and bullying cases are not big dollar value claims, but employers are frequently prepared to be generous early for an economically efficient outcome. This is understandable given the cost to an employer for an investigation can be between $20,000 to $50,000, and defending formal proceedings much higher.
If respondents to claims are unable to buy silence from complainants, then there is more of an incentive to try to defend the matter and their reputation during formal litigation, involving vigorous attempts to discredit the complainant.Further, respondents are going to fear the implication that a settlement is an admission of wrongdoing. Given that there would be no chance of using an NDA to avoid adverse messaging, and paying a settlement early in the process may be seen as indicative of guilt, why would an employer strike any early bargain?
The expense in funding sexual harassment matters to the point of judgment is considerable. If the complainant fails to make out their case, then they are exposed to a costs order, which often leads to debts in excess of a $100,000.If there is no prospect of a substantial negotiated settlement, many complainants will not have the necessary appetite for risk or the resources to fund themselves while waiting for court-ordered compensation.
This will have the unintended result of fewer people complaining about misconduct in the workplace.And while there is merit to the contention that NDAs can hide habitual misconduct, our view is that this is a responsibility that sits squarely on the shoulders of boards and management who – in these times – would be foolish to protect employees who are repeatedly the subject of complaint.
UK — Northwich, England. A 60-year-old who has two prior convictions for sex offenses involving minors was recently handed 20 months behind bars for defiling an animal.Claire Goodier was convicted of possessing indecent images of children in 2006 and 2009 while still known as a man named John. As a condition of release, he has since been required to submit to police checks.Police carrying out a routine check at the home of Mr Goodier this year discovered 31 images of him engaging in sexually depraved acts with an Alsatian dog. Police had previously discovered searches for bestiality on Mr Goodier’s laptop on 19 July 2019.
When arrested on 17 June 2021, Mr Goodier, who now identifies as a woman, was found to be in possession of a pen drive containing the lewd images depicting him with a dog, as well as 3.5g of cocaine.
University College London has become the first university to formally cut ties to the LGBTQ+ charity Stonewall, saying its membership of Stonewall’s programmes could inhibit academic freedom and discussion around sex and gender.
UCL announced that it would end its involvement with Stonewall’s workplace equality index, which rates employers on their policies, and its diversity schemes, following a recommendation from the university’s most senior academics.
“Following a period of debate within our community and careful consideration of the issues, UCL has now taken the decision that we will not re-join Stonewall’s diversity champions programme or make a submission to the workplace equality index,” UCL said in a statement.
The university said its discussions had been “informed by thoughtful and respectful debates” at its equality, diversity and inclusion (EDI) committee and its academic board, with the EDI committee voting to retain involvement with Stonewall.
But UCL’s management instead sided with the academic board, which voted against retaining links after an anonymous ballot.
“In weighing up all opinions in this debate, UCL’s senior leadership team has accepted the academic board’s advice about the fundamental need to uphold academic freedom and freedom of speech in an academic context, recognising that a formal institutional commitment to Stonewall may have the effect of inhibiting academic work and discussion within UCL about sex and gender identity,” the university said.
An ex-police officer has won a legal challenge against a national policy for forces to record gender-critical views as non-crime “hate incidents”.
Humberside Police visited Harry Miller in January 2020 after a complaint over alleged transphobic tweets he made.
It was recorded on a national database as a non-crime hate incident.
But the Court of Appeal ruled on Monday the guidance was wrongly used and it had a “chilling effect” on Mr Miller’s freedom of speech.
Today’s ruling backs Harry Miller’s legal right to speak his mind and potentially cause offence – a freedom that he says is fundamental in the battle of ideas in a democratic society.
(ed: Judgement here.)