JK Rowling at conflict towards new legislation condemning transgender hatred | EUROtoday

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Le alternative of 1er April to go such a controversial legislation was hazardous. This Monday, the much-discussed Hate Crime Bill got here into pressure in Scotland, after its tough adoption three years in the past by the Holyrood parliament, by 82 votes to 32. The legislation goals to consolidate the Kingdom's current laws -United on hate, racial and sexual crimes, and introduces a brand new offense for “threatening or abusive behavior aimed at stirring up hatred” towards age, incapacity, faith, orientation an individual's gender or transgender id. It additionally supplies harsher penalties for these convicted of crimes thought-about “aggravated by prejudice.”

It is on the final attribute, transgender id, that the controversy is especially virulent. Alongside this legislation, the invoice facilitating id change in Scotland has given rise, in recent times, to a really marked opposition between feminist activists and transgender activists. The first contemplate that organic intercourse takes priority over gender and insurgent towards a system which might see “predatory men” slip into areas reserved for ladies, equivalent to altering rooms, bogs or prisons. They are protesting at this time towards what they contemplate to be an assault on freedom of expression. Furthermore – and they aren’t the one ones – they denounce the shortage of safety for ladies, who usually are not coated by the legislation.

The latter consider that the legislation should shield them as a minority. Supported by Scottish Prime Minister Humza Yousaf, it would, in keeping with him, allow us to struggle towards “a rising tide of hatred”. He informed Sky News that it's not “the Twitter police, nor the activists, nor the media […] nor even politicians”, but that it will be up to “the police to investigate”. He promises a separate law criminalizing misogyny.

” Stop me ! »

On Monday morning, JK Rowling was able to strike again. Having turn into the spokesperson for the feminist motion in Scotland, she shared along with her 14 million subscribers on X ten extremely publicized portraits of transgender individuals, turning them into ridicule. Like Isla Bryson, “a pretty young Scottish girl and double rapist (who) found her true feminine identity shortly before she was convicted,” she quipped. Real identify Adam Graham, Isla Bryson was despatched to a girls's jail, however confronted with controversy, in 2023, Nicola Sturgeon, then Prime Minister, needed to “reassure the public” by transferring her to a males's jail .

” April Fool ! » exclaimed the author of the Harry Potter saga, Scottish by adoption. I'm kidding. Obviously, the people mentioned in my tweets are not women at all, but men, all of them. » In a long story on her platform, she continues: “ Freedom of speech and belief ends in Scotland if accurately describing biological sex is considered criminal. She ends by saying she is “overseas, but when what I’ve written right here is taken into account a criminal offense beneath the brand new legislation, I look ahead to being arrested after I return to the cradle of the Scottish Enlightenment.” . »

No prosecution against JK Rowling

On Tuesday morning, Prime Minister Rishi Sunak expressed his support for JK Rowling in the Telegraph : “People should not be penalized for stating simple facts about biology. We believe in free speech in this country, and conservatives will always protect it. » A line – appreciated by his electorate – that he has always kept. Last year, his government got judges to block a Scottish bill making it easier to change gender.

On Tuesday afternoon, police said JK Rowling's comments “usually are not thought-about felony.” » What the author praised on X: “ I hope that all Scottish women wishing to speak out about the reality and importance of biological sex will be reassured by this announcement. ” A whole lot of noise for nothing ?

Ambiguities of the legislation

Beyond the controversies, a number of jurists are calling for calm. Adam Tomkins, former Conservative MP and head of Holyrood's justice committee concerned within the adoption of the legislation, estimates within the Scottish every day Herald that it doesn’t criminalize feedback which can be offensive to others.

“The law does not cover simple controversy,” says jurist James Chalmers of the University of Glasgow. Incitement to hatred is a really excessive threshold, as are calls to hurt or kill members of a specific group. » Regarding freedom of expression in personal house, the professor explains that this isn’t a primary. “One difference, however, was that the previous offense of inciting racial hatred had what was called a 'dwelling protection', under which the offense could not be committed at home. This protection no longer exists in the new legislation. But in practice, it is difficult to see how a private conversation could have the effect or purpose of stirring up hatred. »

Faced with these concerns, the Scottish government has been reassuring and refers any questions relating to a specific case to the police. However, according to Police Scotland's general secretary, David Kennedy, a third of police have still not benefited from the “two-hour” online training set up. He criticizes the fact that the police are embedded “in a criminal law environment”, whereas the funding they want has not been offered.

The ultra-media protection of the legislation in addition to the ambiguities in its software threat inflicting the variety of complaints and procedures to blow up.