NickwithaC@lemmy.world 2 months ago
Yet another green W.
See how easy it is?
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.
What is chutzpah?
It’s a Yiddish word that I think originally had more negative connotations but means nerve or audacity. It is used in more positive ways today, more like courage.
Cheers!
Too early to tell if it’s easy, because they are likely to get sued to hell and back.
Presumably the EHRC guidance that led to this situation, based on the Supreme Court ruling, is itself legally challengeable, which might be the result… If so, the Supreme Court really fucked up by issuing such an ambiguous ruling.
Denjin@feddit.uk 2 months 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 2 months 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 2 months 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 2 months 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.