Thursday 11 April 2024

The Tickle v Giggle case

is one which all women need to be aware of and I am concerned that it is not being given the coverage it should be given. It is a case which will be pivotal in determining whether those born female have the right to female only spaces or whether those born male have the right to use them if they are transgender. In short the court is being asked the question "what is a woman?"

It is a big question. It is a very important question. It is a question of whether biological identity or gender identity should prevail. 

It is well known that the author of the Harry Potter books, JK Rowling, has been criticised for saying that traditionally women's only spaces should remain that way. It may be that she is right.  I have had a little to do with one of the women's shelters here in this state and I would say that allowing any biological male in there as a client would be extremely distressing to the biological females seeking shelter there. The Senior Cat did maintenance work there on a voluntary basis for over a decade. Before his death he was aware of the way Rowling was being criticised and he was upset, indeed very upset, by it. "Don't people realise how vulnerable these women are? Don't they realise how hard it has been for them to get there? The last thing they need is their safe space being invaded."  

When accused of "invading their space" himself he would just shrug and smile. After the first few weeks word got around that he was a "safe" person. The message was handed on to new arrivals. He never had any trouble. He was there simply to do small maintenance tasks. The women accepted that. It is quite different from going into a group expecting to be accepted as a female whatever the reality.

The problem here is that, in 2013, the government amended the "sex discrimination act". They removed the biological definitions of "man" and "woman" and allowed discrimination to be based on the gender identity of a person instead. The end result has meant that women actually have less protection than they had before 2013. Ten years later this has finally come to court. It should never have come to court. There were others who were aware of the problem but did nothing about it. They put their heads in the gender sand and hoped it would go away. It is legislation which could have and should have been written differently. 

The decision in this case will have far reaching implications - not just here but perhaps elsewhere as well. We need to be aware of what is going on.

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