Author: FLC Admin

Warning: Disturbing content

Two things stood out as I followed the case on day two: that women (in Scotland in particular), were being gaslit by the Scottish government; and lesbians were, in effect, being told by the Scottish government that they were no longer protected in law according to their sexual orientation. By virtue of a legal piece of paper, it was argued, a “heterosexual male” could become a lesbian woman overnight. These were the words of Scottish government lawyers.

. . .

Watching proceedings felt at times like being in a strange parallel universe. Questions from the judges and answers from the legal teams were incomprehensible, such was the mess that both were getting into around language. There were sentences which began, “If you exclude a pregnant man…”; sex and gender were muddled; natal women and trans women were often confused; and a new concept of “certificated sex” was introduced. Lawyers representing the Scottish government seemingly had no idea how someone showed they had been “living in their acquired gender” for the purposes of gaining a GRC. Would a natal man with a GRC saying they were a woman, but who presented as a man, be discriminated against “as a woman”, one judge asked, if people perceived them to be a man? Crawford said she’d like to think about that question over lunch. It’s easy to laugh, but the outcome of this case is fundamental to the rights of women, and of those who are same-sex attracted.

. . .

And so to the erasure of lesbians. One of four interventions in the case was granted to “the Lesbian interveners” – a group of three organisations representing the rights of lesbian women. Among their arguments was that the Scottish government’s view of the law denies lesbians the right be protected as a group defined by their sexual orientation – one of the nine characteristics listed in the Equality Act.

Crawford confirmed to the court that a lesbian association of 25 members or more would not be able to restrict membership to those who are born female. Natal males – in the language of the court, meaning those born male – with a GRC who were attracted to females could not be refused entry. The only way for these trans women to be excluded would be to regroup as an association which seeks to advance a protected philosophical belief: in this instance, the gender-critical belief that sex is immutable. Those inside the court building have reported “audible intakes of breath”.

The Supreme Court judges will now decide, with a judgement not expected until well into the new year. It seems to me that the Scottish government’s interpretation of “sex” in the Equality Act is unworkable in the real world. Indeed, it is one where everyone loses: women, trans people, and gay, lesbian and bisexual people.

Source: The Scottish government is ignoring women’s rights – New Statesman

Good News:

Permission has just been granted by the Court of Appeal in Bailey v Stonewall Equality Limited. The reasons for granting permission are encouraging:

“The grounds have a real prospect of success but, in any event, raise issues of some general importance which should be considered by this Court. In particular, an issue arises as to the correct interpretation of section 111 of the Equality Act 2010 which does not seem to be the subject of previous authority. There is therefore a compelling reason to grant permission to appeal.”

We are listed for a hearing lasting 1 1/2 days. I will let you know when we get the listing, which will likely be next year at the earliest.

Thank you to everyone who has supported me.

Source: Update #16 – I’m off to the Court of Appeal – Permission granted — Allison Bailey

Bill 29, the Fairness and Safety in Sport Act, a law strongly supported by Premier Danielle Smith, has been approved in the Canadian province of Alberta to protection of women’s sports competitions and ensuring that athletes compete in women-only categories. Transgender people will be able to participate and compete in sports of their choice in dedicated categories. Based on government regulations, asports organizations will be required to identify eligibility criteria of athletes who take into account the new directives.

The news is also relevant because Justin Trudeau’s Canada has always been among the most trans-oriented nations. 

The new law has been welcomed with great satisfaction by the Save Women’s Sports network. Also Reem Alsalem, UN Special Rapporteur on Violence against Women and Girls, welcomed the new legislation: “Very welcome news out of Alberta in Canada,” she wrote on X, “regarding the protection of the female category in sport.”

Premier Danielle Smith plans more legislative changes soon. One of the proposals concerns the ban on “affirmative therapies” (puberty blockers and hormones) for minors. Doctors would also be prohibited from performing “sex reassignment” surgeries on minors. Another bill would introduce the Mandatory requirement for parental consent up to the age of 16 for so-called “alias careers” and to change names or pronouns at school. Those who are 16 or 17 years old will not need authorization from their parents, who however must be informed beforehand. It will be family consent is also required to participate in school lessons on sexual education, gender identity and sexual orientation, and any instructional materials must be approved by Alberta Education before being used in the classroom.

Prime Minister Smith replied that These new laws are necessary to protect children and female athletes, arguing that it is not uncommon to place limits on the decisions children can make for themselves. “We don’t allow them to smoke, we don’t allow them to take drugs, we don’t allow them to drive. So we think that making a permanent decision that will affect your fertility is a decision that should be left to adults.” Smith added that in court the government will argue that parents have the right to make decisions until their children are old enough to do so for themselves.

Source: Alberta, Canada: è legge. Fuori i corpi maschili dagli sport femminili | FeministPost

On Wednesday, the Supreme Court is due to hear United States v. Jonathan Skrmetti, Tennessee’s attorney general. The case involves a challenge to Tennessee’s SB1, otherwise known as a ban on “gender-affirming care” for minors — medical interventions aimed at aligning one’s outward presentation with one’s internal “gender identity.” The question at hand is whether the ban violates the 14th Amendment’s provision demanding equal protection of the laws.

But already something important has been excavated by the Skrmetti case and other lawsuits against youth gender medicine bans: evidence of a medical scandal.

WPATH published SOC-8 in 2022, having removed a draft chapter on ethics but adding one on “eunuch gender identity.” What it hadn’t added were the systematic reviews.

Johns Hopkins had in fact successfully conducted systematic reviews, which found “little to no evidence about children and adolescents” — a conclusion shared with the US Department of Health and Human Services (HHS). Nothing supported the oft-repeated mantra of medical necessity.

WPATH prevented Hopkins from publishing most of the reviews, insisting they share only the data with the “benefit of advancing transgender health in a positive manner.” Anything negative was suppressed.

Dr. Rachel Levine, urged WPATH to remove age limits — not because of evidence but because of politics: She worried they would “result in devastating legislation for trans care.” Age limits would add fuel to the bans’ fire.

When WPATH initially resisted such top-down revisions, the American Academy of Pediatrics (AAP) piled on, threatening “to oppose SOC-8 if WPATH did not remove the age minimums.”

WPATH leadership ultimately caved to please Levine and secure AAP’s approval, “without being presented any new science,” as one SOC-8 author noted. Documents surfaced in one lawsuit indicate that Dr. Marci Bowers, a trans woman and current president of WPATH, insisted they all keep mum, submitting to a “centralized authority” to appear united — as opposed to appearing politicized. Bowers wrote: “it is a balancing act between what i feel to be true and what we need to say.”

Bowers herself, a surgeon specializing in genital procedures, apparently makes over a million dollars a year. These supposedly scientific guidelines were created by those who stood to profit from them.

WPATH, AAP, and HHS twisted and concealed evidence, lied about research, protected and enriched themselves and their members, and politicized science. They indemnified practitioners instead of protecting patients.

Source: Challenges to youth gender care bans have illuminated a scandal

Spain’s ruling Socialist party intends to ban transgender women from competing in female sports and to remove the Q+ from the LGBTQ+ acronym.

The Socialists, led by Pedro Sánchez, the prime minister, included plans to limit participation in female sports to “people with a female biological sex” in a policy document decided on at the party’s congress over the weekend.

The passing of a transgender rights reform in 2023, allowing anyone to change their official sex simply by stating their wish to switch, caused a bitter rift within Spain’s ruling Left-wing forces.

Carmen Calvo, the former Socialist deputy prime minister, said at the time the reform would “destroy the powerful battery of equality legislation in our country”. Activists espousing what they call traditional feminism have flagged abuses of the law, including newly registered transgender women attempting to avoid convictions for violence committed against female partners.

[Ed: Great to see feminist resistance scoring a win in Spain! We don’t need to join the right wing of politics to resist what is clearly an attack on women’s rights.]

Source: Spain’s Socialists to ban trans women from female sports

he BBC has included a transgender Colombian scientist in its annual list of 100 inspiring women, just days after sparking controversy over its choice for women’s footballer of the year.

Every year, the broadcaster compiles a list of women who have achieved great things in public life.

Its nominees include transgender biologist Brigitte Baptiste, described in the citation as a “trans woman” who “explores the common patterns between biodiversity and gender identity”.

Last year Nepalese transgender activist Rukshana Kapali was chosen for the list following a legal fight to change gender officially from male to female.

In 2022, the BBC included Erika Hilton, the first black trans woman to be elected to Brazil’s National Congress, and Efrat Tilma, the first trans woman to volunteer for the Israeli police.

Zambian footballer Barbra Banda was honoured by the corporation despite being withdrawn from Women’s Africa Cup of Nations for high testosterone levels.

Source: Trans scientist makes BBC’s 100 Women list