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Guest editor: Dr Angela Dwyer and Dr Olivia Rundle

Abstracts due September 8, 2017. Final papers due February 5, 2018.

The Journal of Lesbian Studies, a peer-reviewed academic journal published by Taylor and Francis, invites proposal submissions for a special issue on the subject of Lesbians and the Law. The Journal of Lesbian Studies examines the cultural, historical, and interpersonal impact of the lesbian experience on society, keeping all readers – professional, academic, or general – informed and up-to-date on current findings, resources, and community concerns. The journal is interdisciplinary in scope and is essential reading for independent scholars, lay people, professors, and students.

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Charlotte O’Brien, University of York

[This post was originally published in The Conversation and is reproduced here with the kind permission of that blog and the author]

It has emerged that the team being sent to Brussels to lead on talks to take Britain out of the EU includes just one woman – out of nine named negotiators.

This imbalance is not only embarrassing. It’s negligent. Failing to include women on the frontline of this incredibly important process jeopardises the quality of the negotiations.

Men don’t know (or do) what’s best for women

Having women on your team matters – and not just because of optics. It affects the quality of the laws that are made. The Equal Pay Act of 1970 and the Sex Discrimination Act of 1975 were both passed by parliaments that were 96% male and 4% female. Both pieces of legislation are great achievements on the surface but both were deeply flawed. The original equal pay rules required a job evaluation survey, effectively meaning that women had to seek permission from their employers (back then: men) to mount an equal pay claim. Until the EU intervened, the Sex Discrimination Act appeared to require pregnant women to be compared to sick men, making it easier to sack them. This unfavourable treatment on the grounds of pregnancy was not considered sex discrimination. (more…)

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Professor Alex Sharpe, Keele University10689909_1016854768344392_8793741729286128967_n

Today, at Manchester Crown Court, Gayle Newland was, after a second trial, convicted of three counts of the sexual offence of assault by penetration,[1] on the basis of ‘gender identity fraud.’[2] After serving eleven months of an eight year sentence, the Court of Appeal set aside her original conviction in 2015[3] because they found it to be ‘unsafe’ due to the summing up of trial judge, Roger Dutton.[4] In my view, prosecutions of this kind should not be commenced. My reasons for taking this stance include, but are not exhausted by, opposition to criminal law overreach (criminalisation of non-coercive, desire-led intimacy constitutes a step too far), and concern over legal inconsistency (contrast prosecution of gender non-conforming people for sexual fraud with the fact that deceptions, for example, as to wealth, social status, drug use, criminal convictions, religious belief and/or ethnic status produce no legal consequences), and discrimination (‘gender history’ is not only singled out for special legal attention, but it is the gender histories of LGBTQ kids, rather than people at large (for we all have gender histories), that appears to exhaust state interest in historical facts about gender). (more…)

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Kate Gleeson

Dr. Kate Gleeson, Macquarie University, NSW, Australia

The Australian Royal Commission into Institutional Responses to Child Sexual Abuse is in its closing stages, preparing its final report due at the end of this year. The Royal Commission was established in 2013 in response to allegations of cover-ups of child sexual abuse in religious and secular institutions.

The Commissioners have since embarked on an extensive project of truth recovery and restorative justice, investigating the organisational practices of institutions ranging from dance schools, swim schools and yoga ashrams, to schools, Churches and orphanages of different denominations, although most allegations concern the Catholic Church.

Throughout the past four years the Royal Commission has held public hearings into more than 40 investigatory case studies, and conducted over 6700 private hearings for survivors to tell their stories unchallenged. Another 2000 private sessions are scheduled before the end of the year. Information gathered in hearings is believed to have led to at least 120 prosecutions of historical child sex offences across the country. (more…)

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10689909_1016854768344392_8793741729286128967_nAlex Sharpe is Professor of Law at Keele University

Let’s begin by recognising that women, as a collective group, face many serious problems in today’s society. These include, but are not exhausted by, sexual and physical violence, workplace harassment, a domestic division of labour, sexist media representation and slut shaming. There are also a range of other important issues that affect particular groups of women, such as, and perhaps most notably, female genital mutilation. In view of these issues, and at least in relation to some, their obvious urgency, one would think that who counts as a ‘real’ women would be low down, very low down, on any list of feminist priorities.

Any yet, it is precisely this issue of who counts as a woman that continues to preoccupy us. Most recently, Jenny Murray, host of the radio 4 show, Woman’s Hour, has helpfully reminded us that, although she is not “transphobic or anti-trans,” trans women “are not ‘real’ women.” Murray is the latest in a long-line of privileged cisgender media personalities to use their privilege, and considerable media platform, to take it upon themselves to be the arbiters of which women count as ‘real’ and which  do not.

Let’s focus on this question of ‘realness,’ and not allow ourselves to be distracted by issues of free speech and censorship which inevitably arise in the wake of twitter storms and the weighing in of those keen to defend Jenny’s right to tell the ‘truth,’ or at least to express her opinion. For my concern here is not to become embroiled in an argument over whether celebrities like Jenny Murray, Germaine Greer, Julie Bindel, Ian McEwan or Barry Humphries have a right to express their (usually ill-informed) opinions, or embarrass themselves publicly. That is, it is not the said or the sayable with which I am concerned, but the politics and ethics of claims about ‘realness’ itself.

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Snapshots of law, gender and sexuality news from the past couple of weeks.

“It’s grim, I’ve got to say”: the future of LGBTQ+ rights following the US presidential election

Holly Khambatta-Higgins, University of Manchester

On Wednesday 8th November, it was announced that Donald Trump will be the next President Elect of the United States of America. The result followed a long election campaign which saw the Republican Party proposing its most ‘homophobic party platform in years’. With January bringing the introduction of a Republican President, congress and house, the prospect of what this means for the future of LGBTQ+ rights is being extensively debated, with a growing consensus that the election outcome is ‘grim’.

The election has brought in its wake a great sense of panic, fear and uncertainty from the LGBTQ+ community, which has been both fuelled and captured by numerous media outlets. During his campaign, President Elect Trump made multiple public statements regarding legislation that would directly affect the LGBTQ+ community. This included his pledge to sign the Republican ‘first Amendment Defence Act’ which would in theory, protect an individual’s right to discriminate against members of the LGBTQ+ community, due to the individual’s religious and moral beliefs.

It is not just the President Elect who has warranted concern from the LGBTQ+ community; it is reported that the vice president Mike Pence could pose an equal (if not greater) threat. Mike Pence has been particularly open about his opposition to same sex marriage. However his views extend further than this; it is reported that Pence is in support of conversion therapy, a treatment that aims to ‘correct’ homosexuality, and has proposed that this should be financially supported by relocating the funding that is currently being used to treat HIV and AIDS. In addition to Pence, Trump’s transition team contains a plethora of anti-LGBTQ+ politicians, including Ben Carson who has reportedly likened homosexuality to bestiality and paedophilia. (more…)

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IB imageSnapshots of law, gender and sexuality news from the past couple of weeks.

H&M’s 2016 Autumn Collection: a step forward for feminism?

Begüm Elif Yılmaz, University of Manchester

A recent H&M film advertisement for the fashion company’s 2016 Autumn Collection has been the centre of attention for feminists on the web in recent weeks. The ad seems perfect on the surface. With the song “she’s a lady” playing in the background, it is made up of footage of a host of ‘real’ women enjoying their lives. The apparent aim of the advert is to challenge people’s understanding of what being a lady really means and to celebrate those women who do not conform to the gender standards of society. In short, the advertisement highlights the important idea that all women are still women regardless of what they look like, where they come from, what they do and how they do it. It includes a trans woman, a woman in a restaurant picking her teeth with her fingers, a curvy woman in her underwear comfortably admiring herself in the mirror, a woman with an unshaven armpit enjoying junk food, a woman with a shaven head, a strong executive directing a meeting, a proud androgynous woman who would traditionally be ridiculed for her so-called “masculinity”, an older woman and a woman in an empty subway spreading her legs. These women come from various backgrounds, making the advertisement not just a feminist one, but also one that adds a broader diversity element to the conversation. Challenging the societal norm that women can and ought to only have a specific look and possess a certain collection of traits, this advertisement seems to reflect a deeply progressive presentation of modern women. Almost all women have been warned at least once in their lives for doing something “inappropriate” because it is “unladylike”, and as such the new advert’s overarching theme seems to be largely positive.

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