What I find really fascinating about the response to this comment is the fear of “what if…” with respect to being challenged on it.
I’m not downplaying what a pain that will be. The alternative is making discriminatory rules based on something that isn’t even technically required, and that feels so… wrong? It’s so much easier to say “nah” to a “should” rather than a “shall”. It just takes a tiny bit of chutzpah.
Denjin@feddit.uk 1 week ago
Although I like this, it is currently against the law and they’re going to get drowned in litigation from the TERF lobby.
Quokka@quokk.au 1 week ago
It’s a guidance not a law. As such if taken to court a judge must take it into account, but it does not automatically mean it is a clear case of breaking the law. Actual ruling and case law are going to be what defines how much teeth it has.
Arcanepotato@crazypeople.online 1 week ago
I retain hope that case law will find the guidance unlawful because of how violating enforcement would be. But as another commentator pointed out, damage is already being done as it is being adopted.
Womble@piefed.world 1 week ago
Exactly. Its been one of the most depressing things of the past year or so to see some very specific legal guidance (essentially that it is allowable to have strict single sex spaces excluding trans people if it is essential to achieve certain aims (like women’s refuges)) being used to enact sweeping bans by governments and companies out of reflexive ass covering.