Cis doesn't just mean 'not trans'...
Notably a procedure that neither smokedout or spookyfrank have to endure.
I sympathise with the patient, both because she experienced something that made her uncomfortable and because the anti-trans brigade has dragged her into the gutter press on the back of it.
I also sympathise with the nurse, who deserves better than to be characterised as a rapist simply for doing, or attempting to do her job.
Yet many assert exactly that. And others imply it. For instance, smokedout seemed to be suggesting it. When I queried it, they threw their toys out of the pram. And have studiously ignored the question of whether someone can be neither cis nor trans, that's been repeated since.
Yet many assert exactly that. And others imply it. For instance, smokedout seemed to be suggesting it. When I queried it, they threw their toys out of the pram. And have studiously ignored the question of whether someone can be neither cis nor trans, that's been repeated since.
Looking at the current law, if the nurse in question had legally changed gender, as it stands now, it appears that the hospital would have been prevented from acting. Exception is made for religious marriages and competing in sport, but there's nothing else in there, and indeed an employer even revealing that a person has changed gender is in most cases illegal. Reading the act, the issue doesn't appear to have been considered at all.I sympathise with the nurse as it was entirely avoidable - the hospital could have taken steps to prevent this situation arising.
Although, if the law passes and someone’s gender can be declared by themselves, would the hospital have any legal standing to somehow prevent it happening in future?
Do you apply the same standards to non-trans women? Are they only deserving of support if they reject gender binaries altogether (a miniscule fraction of the worldwide female population)? Are they all right-wing if they don't agree? Or is it only transgender people who's support is qualified in this way.
it appears that the hospital would have been prevented from acting.
I think much distress would have been avoided both to patient and nurse (I can't think the situation as outlined was easy on the nurse) by asking patients who make these sorts of requests whether they include/exclude transgender people in those requests. Don't hospitals have a duty of care toward their staff as well as their patients? Or do they think society has evolved beyond gender issues just because of a change in the law? Such a simple measure would have avoided much controversy, it would've denied the newspapers a story and it would have protected the nurse herself without outing them.
Looking at the current law, if the nurse in question had legally changed gender, as it stands now, it appears that the hospital would have been prevented from acting. Exception is made for religious marriages and competing in sport, but there's nothing else in there, and indeed an employer even revealing that a person has changed gender is in most cases illegal. Reading the act, the issue doesn't appear to have been considered at all.
The relevant law comes under the Equalities Act which permits discrimination if it is proprtionate to meet a legitimate aim, which in this case almost certainly would be.
Having a gender recognition certificate makes no difference to discrimination laws which are based on whether someone is perceived or known to be, or to have undertaken gender transition.
Self declaration would not affect this, the whole man could just fill in a form and demand to access womens spaces thing was a lie.
The references to the protection of women are references to protecting women in relation to—
(a)pregnancy or maternity, or
(b)any other circumstances giving rise to risks specifically affecting women.
so much repetition in such a short postIt still seems mixed up and unclear to me. It doesn't help that the law currently doesn't make a clear distinction between sex and gender. So the nine protected characteristics currently include 'sex' and 'gender reassignment'.
There is this, Schedule 22: protection of women. This paragraph, perhaps:
There is potential for a clash between the protected characteristics of sex and gender reassignment, which would then need clarification, I think. I don't think the law is clear at the moment. It's not unique to this situation: there are also other clashes, such as between religious belief and other protected characteristics such as sexual orientation.
Do people think it appropriate to refuse a nurse because they are trans?I think much distress would have been avoided both to patient and nurse (I can't think the situation as outlined was easy on the nurse) by asking patients who make these sorts of requests whether they include/exclude transgender people in those requests. Don't hospitals have a duty of care toward their staff as well as their patients? Or do they think society has evolved beyond gender issues just because of a change in the law? Such a simple measure would have avoided much controversy, it would've denied the newspapers a story and it would have protected the nurse herself without outing them.
I don't know about 'people' but I think yes on balance that should be a thing you are allowed to choose, that when you said you want a female nurse for something like this procedure you should be able to state whether you did (or didn't) mean a biological female. As littlebabyjesus says though there are two competing 'rights' in play so its not a simple question.Do people think it appropriate to refuse a nurse because they are trans?
It still seems mixed up and unclear to me. It doesn't help that the law currently doesn't make a clear distinction between sex and gender. So the nine protected characteristics currently include 'sex' and 'gender reassignment'.
There is this, Schedule 22: protection of women. This paragraph, perhaps:
There is potential for a clash between the protected characteristics of sex and gender reassignment, which would then need clarification, I think. I don't think the law is clear at the moment. It's not unique to this situation: there are also other clashes, such as between religious belief and other protected characteristics such as sexual orientation.
I suffered that as a younger woman with asthma - as a 16 yoear old I wondered how many doctors needed to listen to my chest, but now I'm older there wouldn't be such a queue.Junior doctors used to boast about how many "Tubes" they had done. The initials stood for Totally Unnecessary Breast Examinations.
Health: Hands off my chest, doctor
Do people think it appropriate to refuse a nurse because they are trans?
I haven't thus far ever requested a male medical practitioner and have never been presented with a choice either.I think it's useful to ask yourself/ourselves the questions we ask of others...
Are there any procedures that you would absolutely prefer a male medical practitioner performed on you?
If so...walk yourself through a scenario where you are attending a clinic to have that done...you will be feeling anxious/worried/uncomfortable <------that's how I feel about smear tests because of the fucking victorian anti-female apparatus that is still used
I prefer a female nurse, it just makes me hope that they will understand and be more gentle (wishful thinking sometimes, I know)...I have had smears performed by male nurses and tbh it just made me more tense, which in the case of smears equals more pain...'Just relax, let your legs flop. Millions of these are done every day.'..MANFUCKINGSPLAINING...no lie Errrrrrrrrrrrrrrrrrrrrrrrrr, no, I can't, male or female, this actually hurts!
So I asked myself the same question and wondered if I would have refused the smear if my most recent nurse had been trans and looked more male/masculine to me... I think I would have at least questioned/asked.
I agree that it's useful, but we need to be careful with it. There is no situation where I'd care either way, but I need not to use that as a way of judging the sensitivities of others, because I know full well that others are not like me over this.I think it's useful to ask yourself/ourselves the questions we ask of others...
The point of asking ourselves is to seriously ponder what our own associations, preferences and experiences are. Yes be careful but my request is more about being real and honest. You need to be real and honest about the fact you don't have smear tests so I have found a situation where I do care either way and you haven't...that is a useful acknowledgement for you I think.I agree that it's useful, but we need to be careful with it. There is no situation where I'd care either way, but I need not to use that as a way of judging the sensitivities of others, because I know full well that others are not like me over this.
I made the same point. Thanks.That said, FOD makes a good point - a person who also has the thing they're examining is going to know what it feels like and perhaps be a bit more gentle.
Ok. But maybe you could confirm what you do now think. Does cis just mean not trans? Or is it possible to be neither?No I haven't, but I'm not interested in getting into petty point scoring over things you think I've said.
Do people think it appropriate to refuse a nurse because they are trans?
I think I would have at least questioned/asked.
You'd be surprised at my wishlist. I'd spent my childhood/adolescence with a slight fear of needles but, my mum being one of the main community nurse in charge of vaccinations and drawing bloods and stuff I'd more or less come to terms, "Okay! So it's a needle. It's never as bad as all of that." Until I left my home town. My experience of white people trying to find my swollen bloody veins is terrifying to think of, culminating the time when my hand was perforated 21 times (you read correctly, twenty one) as they tried to give me the amoxicilin intravenously. Then they called the anesthetist to numb my hand before they could carry on pricking me some more. The worst about that particular experience, is that my mum was on hand and I could see it in her eyes that she knew exactly where the vein was and so I started begging her to do it herself (anyone who knows about my relationship with my mum at that point knows that I must have been on my knees to ask her anything). She had come especially so the whole "White people suck at finding black people's veins" as gone into the epic retelling of my son's birth. :-D Anyhoo... shift change or something and enter black midwife, and a minute later amoxicilin is flowing as the doc ordered. Of course, by then, I'm screaming for the epidural I had previously decided not to undergo " I JUST WANT ALL THIS PAIN TO STOP!"... and it's too late for it.
In all seriousness, If I didn't feel embarrassed to ask (I curse my fucking conscience every fucking time), I'd never let a white person near my veins. As it is, I keep putting off blood analysis (I have a sometimes bad case of anaemia, that needs monitoring), until my GP (who has no idea why we always go through the rigmarole) tells me off for it.
Hell fucking yeah! Me too.
The relevant law comes under the Equalities Act which permits discrimination if it is proprtionate to meet a legitimate aim, which in this case almost certainly would be.