April Fools
On 1st April the Scottish Hate Crime Act is law. This embraces perception based recording of non crime hate incidents, despite the Miller ruling. I set out all my hate below, for easy access.
I have written before about the absurdity of hate crime laws that seek to make the malicious and the thin skinned the arbiters of what may be lawfully said.
I set out here my grounds based on article 8 ECHR which would have been used to challenge the College of Policing guidance in England, but happily they caved after Harry Miller’s Court of Appeal victory and the police in England and Wales are now directed to the proper respect for article 10 ECHR with revised guidance.
If you are unsure about the importance of freedom of speech, a good judgment to read is the first judgment in Miller v College of Policing. The court cites and relies upon in particular R v Shayler [2003] 1 AC 247, [21] where Lord Bingham emphasised the connection between freedom of expression and democracy:
The reasons why the right to free expression is regarded as fundamental are familiar, but merit brief restatement in the present context. Modern democratic government means government of the people by the people for the people. But there can be no government by the people if they are ignorant of the issues to be resolved, the arguments for and against different solutions and the facts underlying those arguments. The business of government is not an activity about which only those professionally engaged are entitled to receive information and express opinions. It is, or should be, a participatory process. But there can be no assurance that government is carried out for the people unless the facts are made known, the issues publicly ventilated…
Scottish legislators however, appear to disagree. On 1st April the Hate Crime and Public Order (Scotland) Act 2021 comes into force. This positively encourages perception based recording by ‘victims’ of ‘hate’ and promises have been made that ALL complaints will be investigated.
The Association of Scottish Police Superintendents appear to be on the ball, telling MSPs last week that there was “enough anger and hateful bile online to occupy every police officer in Scotland”.
Given that if something is read in Scotland, it is considered to be published there, it seems pretty obvious that those of us who hold the lawful and protected belief that sex is real and it matters, are going to be the subject of malicious reports to the Scottish police. We may end up recorded on a police data base at best, or subject to investigation and our electronic devices seized. Of course, when it finally gets to court it is likely to be thrown out, but that isn’t the point. The point is, as ever, that the process is the punishment.
I hope this is challenged in court as soon as possible. I would like to do my bit. So I set out below my beliefs about sex and gender identity. I hope that some of my Scottish readers will be sufficiently outraged to report me for my disgusting hate. Then on the 1st May 2024 I will made a data subject access request of Police Scotland and we will let the dance begin.
Here are my 10 articles of faith
It is not possible to change sex
Sex is immutable, binary and fixed at conception
Only women have a cervix
Only men have a penis
‘Non binary’ is an absurd affectation
Sex is the salient organising category; gender identity is not
Medical transition of children is child abuse
‘Misgendering’ is not a criminal offence
Gender identity ideology is akin to a religious faith
A gender recognition certificate creates a legal fiction that a person has changed sex; I cannot be compelled to agree that this has happened
In a decision of monumental idiocy and with an ostensibly bizarre lack of awareness, this act comes into force on April Fool's Day. Sadly, I think it is safe to say that it will not be ineffectual after the traditional midday cut-off point for Fool's Day spoofs. Although it clearly should die such a death.
Yet despite Fool's Day thankfully lasting but a single half-day per year, I would suggest that each day afterwards will seem to be filled with equivalent imbecilic, authoritarian legalities brought upon those people whose only 'crime' is to accept reality, by fabulating, vituperative and coercive gender fundamentalists with no jobs or lives.
I fully agree. This law is completely absurd. I am not going to comply and expect Scottish police to be in contact shortly.