Previous video:
https://www.youtube.com/watch?v=X93x1ijIvdw
Articles:
https://sex-matters.org/posts/updates/for-women-scotland-in-the-supreme-court/
https://www.telegraph.co.uk/us/news/2025/03/17/parents-asked-if-newborn-babies-identify-as-transgender/
https://x.com/MichelleDewbs/status/1902332941084082208
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IMPORTANT DISCLAIMER:
I'm a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action. Videos on my channel are not legal advice and should not be taken as such. I accept no liability for any reliance placed upon the content of these videos or references, therein. Description may contain affiliate or sponsored links, for which we may receive commissions or payment.
https://www.youtube.com/watch?v=X93x1ijIvdw
Articles:
https://sex-matters.org/posts/updates/for-women-scotland-in-the-supreme-court/
https://www.telegraph.co.uk/us/news/2025/03/17/parents-asked-if-newborn-babies-identify-as-transgender/
https://x.com/MichelleDewbs/status/1902332941084082208
Free £50, bonuses, and more:
https://share.octopus.energy/happy-human-326
https://linktr.ee/blackbeltbarrister
Become a Channel member: https://www.youtube.com/channel/UCrmxzSIf7J66qvlOAT9AlZQ/join
IMPORTANT DISCLAIMER:
I'm a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action. Videos on my channel are not legal advice and should not be taken as such. I accept no liability for any reliance placed upon the content of these videos or references, therein. Description may contain affiliate or sponsored links, for which we may receive commissions or payment.
Category
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NewsTranscript
00:00Imagine for a moment, if you will, that you've just given birth, or your partner's just given birth,
00:04and the midwife asks you, is your baby lesbian, or gay, straight, or heterosexual?
00:11Now that might sound like quite a strange thing to be asked, having just given birth,
00:14and even as I create this video, I remember reading, I think just yesterday or the day
00:19before, that the word midwife apparently is going to be offensive to some people, but
00:24I'm going to continue to use the word midwife, and I think that's perfectly acceptable. Let me know
00:27what you think in the comments, but first of all, if you would do me the favour of subscribing to
00:31the channel, help me grow the channel, and I'd really appreciate that. I have no big media
00:34company behind me, it's just me. So what are we talking about here? Well, this is actually
00:40across the pond, so to speak, to New Jersey, and this is a very real story from the Telegraph, and
00:47it relates very much to what's happening in the UK, and if we are not careful, we are going down
00:53this road of complete confusion, because this is a very real form called the Sexual Orientation and
01:00Gender Identity Questionnaire, and this is from the Inspira Health. They say our mission is to
01:08provide safe and compassionate experience that improves the health and well-being of our community,
01:12etc., and they provide this questionnaire on babies being born, to be completed presumably by the
01:19parents, because I don't think the baby's going to be filling out this form. It says, what sex was
01:24your baby assigned at birth? I suppose that's a perfectly reasonable question to ask, female or
01:29male? Prefer not to answer, perhaps, but then we get into some strange territory here, and it gets even
01:37more confusing than this, but it gets into some strange territory here. It says, do you identify
01:42your baby as female or male? Now, I find this, now, with great respect to anyone that has genuine
01:49gender dysphoria and they don't identify with the body into which they were born, that is to say that
01:54they were born male but they identify as female or vice versa, with great respect, and I have great
02:00respect, and I appreciate how difficult that must be, this cannot be a legitimate, sensible question.
02:08Objectively, in my opinion, it just cannot be a sensible, objective question. If the baby is
02:14assigned female because the baby appears female, female genitalia and so on, or male because they
02:22are identified as male, that is it. As far as anyone is concerned at that point in time, nobody
02:28can really say any different. It may be that that baby grows up and does not identify with the body
02:34into which they were born, that is a genuine issue that a lot of people face, but where this form
02:41asks, do you identify your baby as male or female? This, is it not, is setting up this baby and everyone
02:51caring for this baby for a whole range of difficult issues, but then it gets worse.
02:59It then says, do you identify your baby as transgender female, trans woman, male to female?
03:06So, this form is asking parents whether they identify the baby, having just been born,
03:14newborn, you can see it says newborn on the form here, do the parents identify this newborn baby
03:21as a trans baby, male to female, or the other way around, a transgender male, trans man, female to
03:28male. So, actually born female, but they identify this baby as male or gender queer, and I'm still
03:36not quite sure what that is and what that really means, but then it says neither exclusively male
03:41nor female. So, I really, I don't fully understand that, I confess, but then additional gender
03:49category self-described, please specify, so you can make something up, but then it goes on to ask you
03:55as well, in addition to all of those things, and I'm reminded of a conversation I had on X yesterday
04:00about the, I'll try and find it and bring it on screen if I remember to find it, but the flow chart
04:07that was presented in the For Women Scotland case at the Supreme Court in the UK to determine
04:14whether or not someone is a woman or not. And so, as I recall, if you were a man with a GRC,
04:21but with a partner who's female without a GRC, somehow you're lesbian. I'll find, I kid you not,
04:27I'll find the flow chart and I'll put it on screen after, in the edit, but then this goes on to say
04:32with a newborn baby, remember, that you're identifying whether you're, first it asks you the
04:37question, was it assigned female or male at birth, but then what do you identify it as, and then
04:43what best describes your baby, lesbian or gay, straight, heterosexual or bisexual.
04:47I'm sorry, but I mean this with the greatest respect, but how on earth would anyone possibly
04:52know that of a baby? This is a completely ridiculous question. Even if it's meant as
04:58sincerely as possible, it's just utterly ridiculous. But that's what's going on here, and they say that
05:06they've created this form to comply with the new law under New Jersey state law, and this was a
05:12genuine form distributed by hospitals to ask patients about their newborn baby, about all
05:17these things. Lawmakers said that the form was not required to be filled out for patients so young,
05:22however the group which represents the hospital distributing the form insisted that it's a legal
05:25requirement. I am beside myself, but why is this such an issue? Because, you may remember a video
05:33I did not too long ago, and I'll show you here a tweet from Michelle Dubree of GB News,
05:40quote posting my video from previously, so I'll link this again in the description below,
05:47where she experienced a difficulty in Virgin Active, where basically a man was in the female
05:56changing rooms, self-identifying as a man. She queried this with Virgin Active, and they said
06:00that their policy is that they allow people to use these facilities as they best describe
06:06themselves, and I think this is unacceptable. My personal opinion here, I think this is unacceptable.
06:14Even if they have a GRC, I think it's unacceptable. That's my personal opinion,
06:18and I'm entitled to express that. I'm entitled to express that in robust terms. I'm not being
06:22discriminatory, I'm not being rude, I say that with the greatest respect, but even with a GRC,
06:28I don't think it's acceptable, because there is a legal exemption under the Equality Act,
06:34Schedule 3, that allows companies like Virgin Active to restrict and exclude anyone who is
06:42of the opposite biological sex from using that single-sex space. So, I'll link that video below,
06:48I go into greater detail there, you can watch that and hear about Michelle's difficulty with
06:55Virgin Active there. Now, even when we come to non-binary, this went to the Supreme Court
07:04regarding passports. In essence, the passport office did not permit a third box, so it was male
07:11or female. There was no third box for non-binary, and so this ended up again at the Supreme Court.
07:20Now, the court found here that the current policy of the passport office not to permit
07:25the appellant to apply and be issued with a passport with an X marker, the third category,
07:30does not at present amount to an unlawful breach of the appellant's Article 8 private life rights.
07:35Now, of course, the court did note that the way that somebody identifies is absolutely part of
07:41your private life, etc. But, in essence, it doesn't mean that the state has to provide that third
07:47option. Now, one thing that is seriously at risk here, which we are imminently, I'm not sure when,
07:57but we are imminently awaiting a result in the For Women Scotland case from the Supreme Court.
08:04This case, a lot of people misunderstood what this case was actually about, but it was nothing
08:11to do with self-identification. This was concerned with those that have been issued with a gender
08:17recognition certificate under the Gender Recognition Act, having already been established that for the
08:23purposes of the Equality Act and all other laws, people who identify as the opposite sex or non-binary
08:29remain legally their biological sex, which is why, particularly those that don't have a GRC,
08:36should not be in the opposite sex changing rooms, in this case here with Michelle's case.
08:42This case was specifically about the guidance which said that a woman includes a person whose
08:49acquired gender is female under the Gender Recognition Act. So, the main arguments here,
08:53summarised, this is on the Sex Matters website and that flowchart that I mentioned is further
08:57down on this page, the Scottish Government's argument said that the GRA, the Gender Recognition
09:03Act, says that when a person gets a gender recognition certificate their sex changes for
09:07all purposes to be that as their acquired gender, and for all purposes was already covered to cover
09:13only for legal purposes, and that the Gender Recognition Act goes on to expressly limit the
09:18for all purposes clause in several respects including parenthood, sex-specific crimes,
09:21and inheritance. The Scottish Government argued that since the Equality Act post-dated the GRA
09:26must be taken to be among the purposes for which the GRC changes a person's sex, and the Scottish
09:31Government argued that since the Equality Act 2010 post-dated the GRA, the Gender Recognition Act
09:372004, it must be taken to be among the purposes for which a gender recognition certificate
09:43changes a person's sex, i.e. protecting their acquired sex. That was inherently their argument.
09:50EHRC's position was something in the middle. It focused on the Equality Act and said that as a
09:55matter of law it does change the person's sex, but would be better if it didn't, and Parliament
09:59should act to fix the problem, thus expressly disapplying the Gender Recognition Act from the
10:04Equality Act, because we've got these two that somewhat don't work together very well. We have
10:10the Equality Act saying that women have specific protection and men have specific protection,
10:15but the Gender Recognition Act says you can switch between the two. So the simple argument here is
10:21you cannot protect one if the other one can change into that one, and then where's the protection
10:26gone? The protection essentially in many respects has just vanished, in my view obviously, and again
10:33I say that respectfully, but that's the way that I see it. Amnesty agreed that the Gender Recognition
10:38Certificate changes the person's sex for the purposes of the Equality Act, although they go
10:42even further and they support gender self-identification, meaning that they say the
10:47Gender Recognition Certificate is not necessary for someone to count as a member of the opposite
10:52sex, or indeed as non-binary or gender fluid, and for what it's worth, personal opinion, I don't agree
10:58with that either. For Women Scotland's central point was that the Equality Act was replacing the
11:05Sex Discrimination Act of 1975, so it was updating and modernising the protection with various
11:12protected characteristics, but in this case specifically man and woman, meaning biological
11:17sex of a man and a woman. They were unambiguously sex-based terms. Now that would be the absolute
11:23reality in biology, in my view, and that any change to that baseline could not possibly have been what
11:29Parliament intended when passing the Gender Recognition Act, and I tend to agree because I
11:35would say that the Gender Recognition Act would say that if somebody does not identify with the
11:39body into which they are born, they obtain the certificate, therefore if somebody were directly
11:45and unfairly and unlawfully discriminating against that person because they've been through
11:49that process, then that would be unlawful unless there's a legitimate reason to do so, and the
11:56example would be male or female changing spaces, as just one example, which should remain protected
12:03for men and women. So you can see the inherent problems that we're going to have here if the
12:07Supreme Court decides that the GRC changes the person's sex for the purposes of the Equality Act.
12:13In essence, quite arguably, it is going to remove the protection for biological women
12:19in that category under the Equality Act because the GRC just overrides that protection. Again,
12:25this is somewhat my view, let me know what you think in the comments, but this is the flowchart
12:30that was handed up to show exactly what would happen and how this would have to be decided.
12:35So it starts, what sex are you? Let's say you start male. Do you have a GRC? Then we follow the
12:43yes, let's say that we follow the yes arrow, blue going down, and then it asks what sex is your
12:49partner? If your partner is female, then do they have a GRC? And if the answer is no, so it's a
12:57female without a GRC, then this biological male is then a lesbian. And you can do this the other
13:05way around as well. You can say, start with what sex are you? Female with a GRC, with a partner who
13:11is male with no GRC, then somehow that biological woman is gay as opposed to lesbian. So you can see
13:18the very real problems we are going to have with this on a daily basis across the country if we've
13:24already got places like Virgin Active allowing biological men to self-ideas women and access
13:31female changing rooms. I've read stories about places in the States forcing girls in changing
13:37rooms to undress in front of transgender girls, so that is to say a biological boy in the girls
13:43changing rooms. And I just think that's abhorrent, quite frankly. But also now we get these forms
13:48asking you to identify what your baby is, and I think this is utterly ridiculous. Now, albeit this
13:54is in the States, I think it's only a matter of time before it comes here unless this is just
13:58clarified for all concerned. Now, I reiterate that this video is meant with the greatest respect to
14:02those that suffer gender dysphoria. It is not intended to upset anybody. It is a real thing
14:07that people experience, and so please any comments and anything that you do or say, please be mindful,
14:13be respectful, no insults please. But otherwise, do let me know your thoughts and comments in the
14:17box below, politely and respectfully please. And with that, please do subscribe to the channel,
14:21and I'll see you next time.