Jonathan Brown Profile
Jonathan Brown

@Broonjunior

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Advocate at Faculty of Advocates

Glasgow, Scotland
Joined April 2016
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@Broonjunior
Jonathan Brown
3 months
1/ Re Olympic boxing, I suspect this will be a moment, as Isla Bryson was, where a debate which mainly occupies the chattering classes will break out into the general public consciousness. Footage of a man punching a woman will go round the world.
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@Broonjunior
Jonathan Brown
5 months
Thinking further about the Adams judgment. Wadhwa’s “reframe your trauma” comments were so spectacularly damaging to the organisation that you’d expect independent trustees doing their jobs to have stepped in and demanded either a resignation or a substantial public apology.
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@Broonjunior
Jonathan Brown
2 months
Furiously deleting tweets and cowering in terror at incoming legal action latest.
@jk_rowling
J.K. Rowling
2 months
"It’s important to highlight that launching a PR campaign and applying layers of thick makeup requires far more time and effort than simply making DNA test results public." -- ✍️ @SwipeWright
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@Broonjunior
Jonathan Brown
3 months
2/ The overwhelming male physical advantage is most obvious in sports requiring strength, speed and explosive power. Boxing is the clearest example of that. And mismatches are uniquely obvious and brutal. There is widespread societal revulsion at male violence against women.
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@Broonjunior
Jonathan Brown
2 months
When I said earlier this week that self proclaimed progressives were going to have to learn that no amount of virtuous messaging will ever be effective to drown out footage of a male bodied person punching a female bodied person this was the sort of vacuous bollox I had in mind.
@zarahsultana
Zarah Sultana MP
2 months
Sending love and solidarity to Iman Khelife, Lin Yu-ting and anyone else who doesn’t conform to conventional standards of femininity 🫶🏽
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@Broonjunior
Jonathan Brown
5 years
This is a metaphor for our times. “Inside Britain’s best libraries” is the article title but the cover photo is the Long Room at Trinity which is in, well, Dublin.
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@Broonjunior
Jonathan Brown
1 year
I see that none of Nick Griffin, David Irving, Marine lePen or OJ Simpson speaking at the Oxford Union were deal breakers for the Student Union, but Kathleen Stock is. Very rational.
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@Broonjunior
Jonathan Brown
3 months
19/ So a plea. Do the work. Think it through. And come back with something that can be defended on its merits and in detail. And for the love of god understand that there is no progressive position that you can shout loud enough to drown out the image of a man punching a woman.
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@Broonjunior
Jonathan Brown
3 months
3/ That this would be a huge problem was blindingly obvious. Yet here we are. I was struck by something Jim Sillars said in his recent article on the defenestration of the SNP. He lamented the absence of intellectual rigour in policy making.
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@Broonjunior
Jonathan Brown
9 months
These concluding paragraphs from the Rachel Meade tribunal judgment seem quite significant. Perhaps the current vogue for witch burning by supposed progressives might soon come to an end.
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@Broonjunior
Jonathan Brown
3 months
7/ And the stress testing process ought to include questions like “Mixed-sex boxing? Really?” And if the answer to that is “of course not” then it is necessary to ask how a principled dividing line is to be drawn.
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@Broonjunior
Jonathan Brown
2 years
This is properly disgraceful. The bill is the product of years of careful work by the Scottish law commission. On no conceivable view does it bring back either poindings or warrant sales. Having coherent property law isn’t a party political issue.
@jackiebmsp
Jackie Baillie
2 years
I was pleased to announce to parliament that the Scottish Labour government would back the ending of poindings and warrant sales. Over 20 years on and the @theSNP want to bring it back in. Truly shameful. This has no place in modern Scotland.
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@Broonjunior
Jonathan Brown
3 months
8/ That leads us to philosophical underpinnings. Are trans women actually women in all senses of the word ? Has the meaning of the word changed? Is every one of the countless references to men, women, male or female found throughout law and policy now to be read differently?
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@Broonjunior
Jonathan Brown
3 months
5/ That sort of thing - politicians writing books on policy that are read only by small audiences - was very much of its time. But his point is that there is ultimately no substitute for properly thought through, reasoned, stress tested policy.
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@Broonjunior
Jonathan Brown
3 months
6/ And it seems to me that this is the original sin here, at least in the Scottish context. Anyone thinking about this in sufficient depth will quickly realise that there are clusters of difficult edge cases. Sport, prisons, rape crisis centres, some types of service provision.
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@Broonjunior
Jonathan Brown
11 months
This is very clearly nowhere within a mile of being a criminal offence and nothing that might have been elicited at the interview could have changed that. I hope there is litigation to follow.
@WeAreFairCop
WeAreFairCop
11 months
1. Yesterday, a lesbian woman was interviewed under caution by @northumbriapol for saying Trans Women are men. They interviewed her despite a warning from Fair Cop to leave her alone. This is the transcript. @SuellaBraverman @SpeechUnion Read it all. It is terrifying.
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@Broonjunior
Jonathan Brown
11 months
I must have missed the feminist campaign for mixed sex boxing.
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@Broonjunior
Jonathan Brown
3 months
9/ Because again the metaphorical raised eyebrows. Really? That seems somewhat far reaching. Has any work been done by way of worked examples of the consequences of this policy? Does something so profound command public support?
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@Broonjunior
Jonathan Brown
3 months
4/ (Some context here: Sillars spent the wilderness years between the 1979 referendum and the 1988 Govan by-election obtaining a law degree and thinking, and in 1986 published a book setting out a thought through policy position, reasoned from first principles.)
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@Broonjunior
Jonathan Brown
5 months
But nothing happened. Now this, where Wadhwa wasn’t even prepared to stand up under cross-examination and defend what was done, but they don’t appear to have tried to settle it either. Someone should be resigning here, and if it isn’t Wadhwa it should be the trustees.
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@Broonjunior
Jonathan Brown
7 months
Rajan here, a non-practising English solicitor, enraged that his unsolicited and very obviously wrong advice on Scots law was ignored.
@jk_rowling
J.K. Rowling
7 months
Totally agree. I have been DELIBERATELY DEFIANT, in spite of some random bloke’s advice. A full investigation MUST be mounted. #ArrestMe Also, visit Scotland, land of the free!
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@Broonjunior
Jonathan Brown
2 months
This is complete bollox. No one with even minimum legal understanding could responsibly consider that s195 EqA requires individual assessment. Across the board sex specific eligibility criteria are undoubtedly lawful.
@stephenwhittle
Prof. Stephen Whittle OBE, PhD, DLaws, FAcSS,
2 months
Blanket bans in any UK sport are unlawful The GRAct & the EqAct both say sporting boards should assess trans athletes individually & can exclude them if they would pose a risk to the safety of others or to fairness. Blanket bans are unlawful
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@Broonjunior
Jonathan Brown
1 year
@MhairiHunter Counter argument: refusing to engage with the detail of complex and nuanced policy questions and instead currying favour with the cool kids by insisting there was only one possible solution and opposing views were “not valid” tanked any prospect of building popular support.
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@Broonjunior
Jonathan Brown
1 year
Iain Anderson’s background is PR and lobbying, so there is zero chance he was unaware of the line of questioning that was coming. He also knew the consequence of departure from an existing line - that you have to identify the new line, and scope out whether it can be held./1
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@Broonjunior
Jonathan Brown
3 months
18/ (And if the Democrats don’t realise how watching mixed sex boxing is going to play with moderate centrist US voters they’re even worse at this than they look. I saw the governor of Minnesota spout the lazy “rights aren’t pie” line the other day. But sometimes they are.)
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@Broonjunior
Jonathan Brown
1 year
@dhothersall @KeithRSteele @RoddyQC @ronaldocfc @MonicaLennon7 @agcolehamilton The moral universe in which Kathleen Stock, Joanna Cherry and Julie Bindel are to be no platformed because their words are “literal violence” and this literally violent criminal is platformed and celebrated is not one that can or should command respect in a civilised society.
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@Broonjunior
Jonathan Brown
2 years
Whatever your view on the merits of either (a) the wider debate; or (b) the narrower charity law issues in the case, there’s a lot of hubris in a non-lawyer patronisingly dismissing one of the unquestioned leaders in the field of equality law before the judgment is out.
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@Broonjunior
Jonathan Brown
3 years
@zoesqwilliams @HaydenHewitt Sorry? You, a non-lawyer, wrote a piece riddled inaccuracies as to the law; your paper corrected it very materially; not a single lawyer of repute is on record suggesting the original was correct; many have pointed out in detail what was wrong; but you know you were right?
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@Broonjunior
Jonathan Brown
4 months
@dhothersall I think the eye rolling was directed at the vacuous proposition that public policy should be influenced by partisan reporting of unverified anecdotes of people saying they’ll kill themselves if they don’t get what they want.
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@Broonjunior
Jonathan Brown
8 months
Some thoughts on permission to appeal to the Supreme Court being granted in the FWS2 judicial review. First, as others have observed, it is rare to get permission to go to the UKSC. It is vanishingly rare to get permission from the Inner House. 1/.
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@Broonjunior
Jonathan Brown
3 months
10/ There is of course an entirely respectable response which is to point to Goodwin, Bellinger and the origins of the 2004 Act. But again the need for rigour. What were the philosophical underpinnings of the 2004 Act. Did Parliament decide that TWAW in every sense?
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@Broonjunior
Jonathan Brown
3 months
17/ And it is the failure to grapple with the hard questions, to do the thinking and working through the consequences, to ask whether particular outcomes can be justified and to find principled justifications that lands us here. The lazy cry of “no debate” as a pretend substitute
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@Broonjunior
Jonathan Brown
2 years
This is interesting. It’s a predictable ducking of the question but ducked on the basis of “not having enough information”. That seems to imply that in theory, and with sufficient information, one could answer the question:, “is Isla Bryson a woman?”. /1.
@HolyroodDaily
Holyrood magazine
2 years
Asked again about the case of Isla Bryson and whether the transgender rapist should be considered a woman, Nicola Sturgeon says: "I think that rapist should be considered a rapist." #FMQs
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@Broonjunior
Jonathan Brown
2 years
It is obvious why opportunistic transition might be attractive to the Isla Brysons of the world. Even if we discount predatory motivation (which seems a little rash) it is obvious that a rapist will have a much easier time of it in Cornton Vale than Barlinnie.
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@Broonjunior
Jonathan Brown
1 month
In which RCS frantically tries to distance itself from ERCC, hoping that by throwing ERCC under the bus the awkward questions stop there. ERCC’s trustees meanwhile remain silent and Mridhul Wadhwa is presumably still on the payroll. Nothing to see here.
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@Broonjunior
Jonathan Brown
2 years
Some thoughts on Isla Bryson. First, since the GRR bill is not in force this situation is not a consequence of it specifically. An amendment which would have addressed one of the issues that has arisen was voted down, but it would not have affected this case even if passed. /1
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@Broonjunior
Jonathan Brown
9 months
Whatever your position on the substantive issues, this is an extraordinarily unwise thing for a serving member of the judiciary to have done. Just as it would be if the publicly stated position had been the opposite.
@MForstater
Maya Forstater
9 months
High Court judge thinks: 1) That belief is not an "actual" protected characteristic 🤦‍♀️ 2) That S26 EqA harassment is based solely on feelings and does not have a reasonableness test 🤦‍♀️ 3) That manifestation of belief is not protected 🤦‍♀️ Quite worrying.
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@Broonjunior
Jonathan Brown
3 months
@dhothersall Looking forward to your application of this logic to the rape and death threats routinely made to the many women you airily designate as hateful for daring to hold different philosophical views to yours about the definitional criteria for womanhood.
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@Broonjunior
Jonathan Brown
3 months
16/ But it is not, and was never intended to be, a policy solution to be overlaid on much more radical philosophical underpinnings: self declared identification is the only definitional criterion for womanhood, and TW are, literally, and in the fullest sense of the word, W.
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@Broonjunior
Jonathan Brown
3 months
11/ Or did Parliament decide something rather less dramatic: that gender dysphoria is well documented in the literature, can be profoundly distressing and disabling, and that there is a cohort of people for whom affirmation in the chosen gender is the only effective treatment.
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@Broonjunior
Jonathan Brown
8 months
Finally, regardless of your view on the merits, this is an important case with a significant public interest, so it absolutely should be fully argued by properly resourced legal teams on both sides. Criticism of the crowdfunding arrangements is in my view misplaced. End/.
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@Broonjunior
Jonathan Brown
6 months
This may be an unpopular view, but if the misogyny bill is going to have an aggravation for misogyny then logically it will have to be capable of applying to trans women, if the evidence supports the inference that the offender did in fact perceive the complainer as female. 1/
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@Broonjunior
Jonathan Brown
2 months
@Rob_ThaBuilder I see the sarcasm was too subtle for you.
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@Broonjunior
Jonathan Brown
10 months
This is, if you’ll forgive the legal jargon, screeching bollox.
@teresamaryclark
Teresa Clark
10 months
Happy New Year, dear siblings all, from a cis woman who helped draft the Equality Act 2010. A gentle reminder that when EA2010 speaks of women it means ALL women. The word cis is absent from the act; there are NO cis-specific rights. Oh, and ‘sex based rights’ don’t exist.
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@Broonjunior
Jonathan Brown
2 months
@PantiBliss Or perhaps the parents believed that the child was female, based on the ambiguous external genitalia typical of the 46 XY 5 ARD DSD. Leading to the child being socialised as female and the DSD not being diagnosed until after male puberty occurred.
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@Broonjunior
Jonathan Brown
2 months
There’s a quite spectacular degree of cognitive dissonance doing the rounds here. I’m not sure one can accurately describe a complaint made to a prosecutor inviting the prosecutor to take action as a “lawsuit” or those mentioned in it as being sued. There’s no live prosecution.
@Variety
Variety
2 months
J.K. Rowling and Elon Musk Named in Cyberbullying Lawsuit Filed by Algerian Boxer Imane Khelif After Olympic Win (EXCLUSIVE)
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Jonathan Brown
3 months
14/But what the philosophical underpinnings were is pretty clear: this is a small cohort, for whom society can and should humanely make space, all of which can be done with little or no adverse consequences. And that it is a polite legal fiction is fine for that purpose.
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@Broonjunior
Jonathan Brown
3 months
12/ And, that being so, that a humane civilised ECHR compliant society needed to provide means by which that cohort could live effectively in their acquired gender, and could access fundamental rights such as the right to marry, without being outed.
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@Broonjunior
Jonathan Brown
3 months
13/And a significant part of the context as it stood in 2004 was the absence of same sex marriage. (In saying that I do not suggest that same sex marriage sufficiently meets the policy requirement- only that it would have gone some distance towards it).
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@Broonjunior
Jonathan Brown
1 year
@Scott_Wortley @douglasbrodie5 I don’t think I’m out on a limb here, but there’s a straightforward answer. Just say this event will take place. Any repeat of the blockading will be treated as a disciplinary matter for students or staff, and people who defy that will be forcibly removed.
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@Broonjunior
Jonathan Brown
2 months
@youngvulgarian One can feel desperately sorry for Imane Khelif, and, for similar reasons, for Caster Semanya, while recognising that the whole point of sex categories in competitive sport is the fundamental advantage XY chromosomes and male puberty confers, and the necessity of coherent rules.
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Jonathan Brown
1 year
But he’s now got the worst of both worlds. He hasn’t moved policy at all, and he’s been very publicly put back in his box. And he’s now not trusted by the true believers. More to come on this before very long I think./end
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@Broonjunior
Jonathan Brown
2 years
Important decision here on Equality Act claim including extensive discussion of remedy. From the Sheriff Court but very fully argued by heavyweight teams of counsel on both sides, and also helpfully appending both sides’ submissions.
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@Broonjunior
Jonathan Brown
3 months
15/ Difficulties were identified, and exemptions provided, including in the context of sport. It was fairly fully thought through and internally coherent.
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Jonathan Brown
1 year
The crowdfunder is entirely silent on what legal process is in contemplation based on what legal argument. S195 Equality Act is very clear on this, and rugby is very obviously a “gender affected activity” as the term is used there. (Which in fact means a sex affected activity).
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@Nancy_M_K
Nancy Kelley
1 year
If you can, support @tigergirl_70 in her fight for an inclusive rugby game #MakeSportEveronesGame
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@Broonjunior
Jonathan Brown
3 years
@dhothersall @rockpipit @MhairiHunter But that sex offender illustrates precisely the issue that proponents of this legislation say isn’t an issue. I would like just once to hear something approaching a reasoned argument rather than the mantra of “that’s not a thing/will never happen/straw man/transphobe/bigot”.
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@Broonjunior
Jonathan Brown
2 years
@HRwritesnews Targeted threats of violence against a woman who receives lots of them is joke material now? How very progressive you are.
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@Broonjunior
Jonathan Brown
3 years
@dhothersall @rockpipit @MhairiHunter 3. There is abundant research about a sub-set of male sex offender - colloquially flashers - for whom the gratification comes from the power exercised by forcing women to see them exposed. There is an association with a sub-set of those offenders with fetishised cross dressing.
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Jonathan Brown
10 months
@teresamaryclark @Scott_Wortley Why on earth would you think that your view of what the legislation intended to achieve has any significance at all in ascertaining what its proper interpretation actually is? Which is what Scott, a recognised expert in statutory interpretation, is gently pointing out to you.
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Jonathan Brown
1 year
@dhothersall @KeithRSteele @RoddyQC @ronaldocfc @MonicaLennon7 @agcolehamilton If I were anxious to carry the proposition that women’s fear of violence at the hands of trans women was truly unfounded and borne of moral panic, I would simply not platform a violent trans identifying criminal who used that platform to call for violence against women.
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Jonathan Brown
5 months
How far removed from reality and mainstream opinion do you have to be to make Ted Cruz, who I very much doubt cares at all about the rights of incarcerated women, look like the voice of reason and sanity?
@aniobrien
Ani O'Brien
5 months
I teared up watching this. It made me so viscerally angry I felt it in my gut. This woman is emblematic of every educated, leftist woman who climbed the ladder to power & then used it to shit on less fortunate women. Fuck her for making Ted Cruz a hero because he eviscerates her.
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Jonathan Brown
7 months
Quite telling that *the National* of all papers couldn’t find a Scots lawyer prepared to put his or her name to this evidence free bollox.
@SamFowles
Sam Fowles
7 months
We need a serious conversation about public attacks on marginalised communities. Hate crimes against trans people have increased in correlation with “gender critical” activism. The Hate Crimes (Scotland) Act fills an important gap in the law.
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Jonathan Brown
2 years
In other words, if you say you identify as a woman you presumptively go to the woman’s estate, there to be risk assessed. You don’t require a GRC. This is a policy that was developed with substantial input from an activist group. /3.
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Jonathan Brown
11 months
@dhothersall @MForstater @JacsiWomble @SexMattersOrg @ForWomenScot @Womans_Place_UK @StandingforXX @helensteel12 @terfasaurus @Aja02537920 Perhaps if you stopped treating the statement of the obvious - that some trans women, notably the convicted rapists and sex offenders, are very obviously a danger to women and children - as a bad faith slur against all trans people it would be possible to have a nuanced debate.
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Jonathan Brown
2 months
Just passively aggressively suggested to someone loudly playing you tube videos on his phone on the train that he might consider using a set of headphones. A significant escalation from my usual frowning, eye rolling and tutting. A real moment of personal growth.
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@Broonjunior
Jonathan Brown
2 years
A short thread with some further thoughts on Equality Act implications of yesterday’s vote to pass the Bill. Preliminary observation: the GRR bill does not - because it cannot - amend the Equality Act. This is a point much emphasised by the bill’s supporters. /1
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@Broonjunior
Jonathan Brown
3 months
@dhothersall Only if you conveniently frame it as only concerned with the rights of your chosen oppressed class, and ignore the substantial, direct and obvious harm to the rights of a different oppressed class which rights are eroded by the conferred if the rights you campaign for.
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Jonathan Brown
3 years
@zoesqwilliams @HaydenHewitt And the miraculous process by which you know you were right us that you spoke to an unnamed lawyer “who wrote the law”. Are you resigning from the Guardian in protest at them wrongly editing your plainly correct original? Or asking for space to publish a response to the edit?
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@Broonjunior
Jonathan Brown
3 months
@dhothersall But yet it’s the women who oppose who get the death and rape threats. Funny that.
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@Broonjunior
Jonathan Brown
1 year
If by “alternative” is meant the law as RMW would wish it to be, and would wish, inaccurately, to represent it as currently being then fine. As commentary on what the law actually is, this is seriously misleading. And not by accident. 1/
@ScottishLegal
Scottish Legal News
1 year
Robin White: The Equality Act and sex – an alternative view
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@Broonjunior
Jonathan Brown
1 year
This is, with respect, unfocused and far from coherent. Worked examples usually help. Para 27 of sch 3 contains the exemptions for singe sex services. Sub para 27(7) refers to services where there is likely to be physical contact between service provider and recipient. 1/
@stephenwhittle
Prof. Stephen Whittle OBE, PhD, DLaws, FAcSS,
1 year
1. You ask for what actionable rights we are claiming will be removed. Let’s imagine the Eq Act was altered removing those with a GRC from having their affirmed & recognised in law, gender (sex) (as the GR Act puts it) as their ‘Sex’ within single sex settings. There are …
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@Broonjunior
Jonathan Brown
9 months
@MammothWhale @Kat_Says_Stuff What you’ve quoted is not a definition at all. It’s certainly not a definition such as would appear in a bill, and it’s that - not the word salad in the consultation - which defines the ambit of the proposed offence. Why isn’t it properly scoped out?
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Jonathan Brown
6 months
In general we focus on the motivation we impute to the perpetrator. It matters not whether the motivation was the product of his mistake as to whether the complainer truly possessed the characteristic in question.
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@Broonjunior
Jonathan Brown
9 months
You wouldn’t know this data. It goes to another school.
@blairanderson35
Cllr Blair Anderson
9 months
Lots of misinfo in conversion therapy coverage Alex seems to suggest a ban “seems hardly worth bothering with” as electroshock therapy is rare. Yet data shows 1000s of Scots undergoing conversion therapy. Had the ban been in place for me, I could have been spared years of harm.
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@Broonjunior
Jonathan Brown
6 months
@dhothersall The counterpoint is to observe how remarkable it is to see politically aware and otherwise sensible people calling moral panic about objectively innocuous observations such as perhaps Isla Bryson might not actually be a woman.
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Jonathan Brown
2 years
There is of course no restriction on GRCs driven by what we might call “imminently impending imprisonment induced sudden onset gender dysphoria”. The defeated amendment would have barred issue of a GRC pending conclusion of trial. /12
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@Broonjunior
Jonathan Brown
3 years
@dhothersall @rockpipit @MhairiHunter and (iii) the fact that anyone getting a penis out in front of women abs girls in that setting is pretty likely to be arrested. 2. We are in a whole different world where the discourse is now “some woman have penises” and “if you don’t want to see don’t look” eg this guy, Yaniv
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@Broonjunior
Jonathan Brown
6 months
That is the approach taken to other aggravations. Effeminate straight men are commonly the victim of offences motivated by homophobia. Sikhs receive islamophobic abuse. Darker skinned caucasians receive racist abuse. Protestant Celtic supporters receive anti-Catholic abuse. 2/
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Jonathan Brown
2 months
Well this seems very well judged and not at all indicative of an absence of understanding of how this issue will play out.
@zarahsultana
Zarah Sultana MP
2 months
If you come for the Queen, you best not miss! 🥊🥇 #ImaneKhelif
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Jonathan Brown
2 years
Not a lawyer but well up for a bit of inaccurate lawsplaining.
@AdamBienkov
Adam Bienkov
2 years
A trans woman is not a woman says Rishi Sunak, who apparently does not understand how the law stands under his own government.
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@Broonjunior
Jonathan Brown
11 days
Packing up to take older son off to Uni in the morning. Despite much bravado in recent weeks it turns out I am very much not ready for this.
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@Broonjunior
Jonathan Brown
11 months
@dhothersall @MForstater @JacsiWomble @SexMattersOrg @ForWomenScot @Womans_Place_UK @StandingforXX @helensteel12 @terfasaurus @Aja02537920 Which would lead us quite quickly to another statement of the obvious - that it is maleness rather than trans identity that is the risk factor - and from there we could discuss why you maintain that that risk reduces or magically disappears because someone claims a trans identity
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@Broonjunior
Jonathan Brown
2 years
@jackiebmsp @theSNP It doesn’t. But leaving that to one side do you accept that it certainly doesn’t bring back poindings, and as a responsible holder of public office will you delete your misleading claim that it does?
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@Broonjunior
Jonathan Brown
2 years
It has yet to be tested in court. It may well be open to challenge. It differs materially from the equivalent policy in place in E&W./4
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@Broonjunior
Jonathan Brown
2 years
All of that being so, it isn’t quite the gotcha that some suggest to say this is nowt to do with the GRR bill because we’ve already dismantled the relevant safeguards by way of a policy decision and we don’t need the bill to do that./8
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Jonathan Brown
3 years
@anyabike It’s so intellectually lazy. If supply of this cake can be compelled, then an atheist, gay baker can be compelled to supply a cake that says “ban gay marriage - it’s against god’s law”. A trans baker can be compelled to supply a cake that says “trans women are not women”.
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Jonathan Brown
1 year
The timing - just as Nancy Kelley leaves at eye catchingly short notice and with no obvious reason for her departure - seems very unlikely to be a coincidence. It has to represent a conscious decision to try to move the conversation in a way that NK couldn’t or wouldn’t./3
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Jonathan Brown
2 years
Secondly, SPS has for some time been operating a policy that runs ahead of its legal obligations. In particular it does not differentiate between prisoners with a GRC and those without, and it presumptively assigns prisoners to the estate that matches their asserted gender/2
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Jonathan Brown
3 months
@dhothersall One might say it is glib and insulting to women to have Mridul Wadhwa in charge of Edinburgh Rape Crisis but yet here we are.
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Jonathan Brown
1 year
So why depart from settled Stonewall lines without first having scoped out the new ones? If there’s a move from “no debate” to “actually some debate is necessary and healthy” why not scope out in advance what the line is? It can’t be that he hasn’t thought about this./2
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Jonathan Brown
2 years
@yvetterusse11 Legal academic yet seemingly unaware of the cab rank rule. Even if you have a strongly held view that only one of the possible answers is right do you maintain that the contrary views are not properly arguable?
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Jonathan Brown
1 year
If the board didn’t know, would we not be in resignation territory? So if we assume the board knew and approved, why the volte face? My guess is almost universal staff opposition. That’s not lightly to be ignored, but nor is it the only consideration./6
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Jonathan Brown
11 months
@dhothersall @MForstater @JacsiWomble @SexMattersOrg @ForWomenScot @Womans_Place_UK @StandingforXX @helensteel12 @terfasaurus @Aja02537920 We might then get into slightly more controversial but nevertheless evidence based territory which is that male sex offending involving fetishised cross dressing is a well documented phenomenon. And perhaps the policy solution needs to deal with two very different cohorts.
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Jonathan Brown
1 year
The immediate backlash suggests he might have been testing the water without this being something that was an agreed strategy at board level. In the current parlance was he “rolling the pitch” for a subsequent evolution of policy?/4
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Jonathan Brown
2 years
Two reasons for that. First, SPS is directly answerable to ministers. There’s no equivalent to eg the statutory provisions preserving operational independence for the police. The minister could change the policy today. /9
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Jonathan Brown
2 years
It might have been helpful if there had been any acknowledgment at all by those in favour of the bill that this stuff remains to be sorted out and that Holyrood can’t do that. End
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Jonathan Brown
8 months
@dhothersall Yes, the traumatised women, who are disproportionately likely to have been victims of male sexual violence are imagining their fear of being incarcerated with male bodied people. Perhaps they should be assisted to reframe their trauma.
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Jonathan Brown
1 year
There’s a very significant decline in funds raised. And if that can’t be reversed there is going to be a necessity for significant cuts including in the headcount. If it accelerates it becomes an existential threat./7
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Jonathan Brown
3 months
@dhothersall You think the conduct revealed at the tribunal was acceptable? If so shame on you. But if acknowledgement that women have competing rights here, that oppression based on sex is real, and that none of this bollox withstands any sort of rigorous analysis is partisan then so be it.
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Jonathan Brown
3 years
@DavidMuttering @BarristerSecret Wait until you hear about the Badminton Horse Trials.
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