Difference between revisions of "Transnegation Roundup/2020/09/20/1"
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* {{show/tweet|AnnMSinnott|1307635037756628992|2020-09-20 06:57|This a distortion of the law. {{hilite|Trans people do not have a legal right to access single-sex spaces.}} They can be excluded if it is a proportionate means to achieve a legitimate aim. Such exclusion doesn't equate to gender reassignment discrimination -Equality Act Sch 3, Part 7, s28}} | * {{show/tweet|AnnMSinnott|1307635037756628992|2020-09-20 06:57|This a distortion of the law. {{hilite|Trans people do not have a legal right to access single-sex spaces.}} They can be excluded if it is a proportionate means to achieve a legitimate aim. Such exclusion doesn't equate to gender reassignment discrimination -Equality Act Sch 3, Part 7, s28}} | ||
| − | At all? Did | + | At all? Did Ann really mean to say that? That would be, like, unless there's a "trans bathroom", you can't use the loo. |
| − | However, the law doesn't seem to back up | + | However, the law doesn't seem to back up her conclusion that "trans people do not have a legal right to access single-sex spaces". As far as I can tell, it says the opposite: they may not be denied access or harassed, regardless of the provider's religion or sexual orientation, except for certain practical reasons as given in '''item 738''' of the Notes: |
| − | * [https://www.legislation.gov.uk/ukpga/2010/15/contents Equality Act 2010] | + | * [https://www.legislation.gov.uk/ukpga/2010/15/contents Equality Act 2010]: index to the whole thing |
** [https://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/16/20/7 Explanatory Notes: Commentary on Sections: Part 16: Schedule 3: Part 7: Separate and single services]: '''item 738''' refers to "paragraph 28", which is presumably what is meant by "s28"<ref name=note1>The [https://www.legislation.gov.uk/ukpga/2010/15/schedule/3/part/7/paragraph/28 link given] is bad. Hunting through archive.org, it was apparently ''never'' correct, but in May 2013 there was a redirect in place which had disappeared by 2018. I got the correct link by letting archive.org follow that redirect.</ref>, which goes to: | ** [https://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/16/20/7 Explanatory Notes: Commentary on Sections: Part 16: Schedule 3: Part 7: Separate and single services]: '''item 738''' refers to "paragraph 28", which is presumably what is meant by "s28"<ref name=note1>The [https://www.legislation.gov.uk/ukpga/2010/15/schedule/3/part/7/paragraph/28 link given] is bad. Hunting through archive.org, it was apparently ''never'' correct, but in May 2013 there was a redirect in place which had disappeared by 2018. I got the correct link by letting archive.org follow that redirect.</ref>, which goes to: | ||
*** [https://www.legislation.gov.uk/ukpga/2010/15/schedule/3/paragraph/28 Equality Act 2010: SCHEDULE 3: Part 7 - Gender reassignment: '''Paragraph 28'''] "A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim." Sub-paragraph two is basically provision of sex-segregated services. | *** [https://www.legislation.gov.uk/ukpga/2010/15/schedule/3/paragraph/28 Equality Act 2010: SCHEDULE 3: Part 7 - Gender reassignment: '''Paragraph 28'''] "A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim." Sub-paragraph two is basically provision of sex-segregated services. | ||
**** [https://www.legislation.gov.uk/ukpga/2010/15/section/29 Equality Act 2010: Part 3 - Provision of services, etc.: '''Section 29''']: long list of rules, mostly "service-provider must not" harass, discriminate, victimise, etc. | **** [https://www.legislation.gov.uk/ukpga/2010/15/section/29 Equality Act 2010: Part 3 - Provision of services, etc.: '''Section 29''']: long list of rules, mostly "service-provider must not" harass, discriminate, victimise, etc. | ||
*** '''Item 738''' in the "notes", meanwhile, lists some specific exceptions to the Section 28/29 rules, none of which affect the general principle that trans people have a right to access same-sex spaces matching their gender identity. The exceptions are all about practical considerations (no medical need, lack of demand) or personal services where a provider's comfort is important. | *** '''Item 738''' in the "notes", meanwhile, lists some specific exceptions to the Section 28/29 rules, none of which affect the general principle that trans people have a right to access same-sex spaces matching their gender identity. The exceptions are all about practical considerations (no medical need, lack of demand) or personal services where a provider's comfort is important. | ||
Latest revision as of 15:50, 20 September 2020
No Right to Access Single-Sex Spaces
- 2020-09-20 06:57 @AnnMSinnott “This a distortion of the law. Trans people do not have a legal right to access single-sex spaces. They can be excluded if it is a proportionate means to achieve a legitimate aim. Such exclusion doesn't equate to gender reassignment discrimination -Equality Act Sch 3, Part 7, s28”
At all? Did Ann really mean to say that? That would be, like, unless there's a "trans bathroom", you can't use the loo.
However, the law doesn't seem to back up her conclusion that "trans people do not have a legal right to access single-sex spaces". As far as I can tell, it says the opposite: they may not be denied access or harassed, regardless of the provider's religion or sexual orientation, except for certain practical reasons as given in item 738 of the Notes:
- Equality Act 2010: index to the whole thing
- Explanatory Notes: Commentary on Sections: Part 16: Schedule 3: Part 7: Separate and single services: item 738 refers to "paragraph 28", which is presumably what is meant by "s28"[1], which goes to:
- Equality Act 2010: SCHEDULE 3: Part 7 - Gender reassignment: Paragraph 28 "A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim." Sub-paragraph two is basically provision of sex-segregated services.
- Equality Act 2010: Part 3 - Provision of services, etc.: Section 29: long list of rules, mostly "service-provider must not" harass, discriminate, victimise, etc.
- Item 738 in the "notes", meanwhile, lists some specific exceptions to the Section 28/29 rules, none of which affect the general principle that trans people have a right to access same-sex spaces matching their gender identity. The exceptions are all about practical considerations (no medical need, lack of demand) or personal services where a provider's comfort is important.
- Equality Act 2010: SCHEDULE 3: Part 7 - Gender reassignment: Paragraph 28 "A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim." Sub-paragraph two is basically provision of sex-segregated services.
- Explanatory Notes: Commentary on Sections: Part 16: Schedule 3: Part 7: Separate and single services: item 738 refers to "paragraph 28", which is presumably what is meant by "s28"[1], which goes to:
- ↑ The link given is bad. Hunting through archive.org, it was apparently never correct, but in May 2013 there was a redirect in place which had disappeared by 2018. I got the correct link by letting archive.org follow that redirect.