Good. I think the other option - setting a precedent allowing businesses to skirt discrimination laws by claiming their behaviour was art - would have been a rather poor decision.
I don’t really see it this way. Fernwood, a women only gym, is allowed to exist. I don’t really see it as problematic for a discriminated class to seek to foster a space free from those who perpetuate that discrimination. Men-only spaces have existed for quite literally most of civilised history. I don’t think it sets a precedent for protected classes to be discriminated against as “art” because men aren’t a class that needs protecting (from discrimination about their status as men). This whole case just feels like a hissy fit.
Note for any other trans women in the audience: Fernwood as a company is trans-inclusive.
Because there are sections of the law which allow exemption from the gender discrimination section for various reasons, and they have successfully argued that there are benefits to having a women only gym which are important enough to deserve an exemption (to provide substantive equality). They also only allow women patrons, so men are not charged for a service that is not equally provided.
I don’t really see it as problematic for a discriminated class to seek to foster a space free from those who perpetuate that discrimination
Neither do many other people, which is why such examples as Fernwood have received exemptions from the law and why there is a specific exemption in the laws for both female and male only clubs.
I don’t think it sets a precedent for protected classes to be discriminated against as “art” because men aren’t a class that needs protecting
Allowing discrimination based on gender without substantiating the businesses eligibility for an exemption under the law absolutely would set a precedent for the courts. While you may agree with this particular case of discrimination it is not a good idea to open an opportunity for more discrimination in the future - keep in mind it may not always be the type you agree with.
While you may agree with this particular case of discrimination it is not a good idea to open an opportunity for more discrimination in the future - keep in mind it may not always be the type you agree with.
I think this sort of slippery slope argument is a cop out. I agree, there are plenty of situations where discrimination based on gender would not provide a substantive benefit to society. For example, a women’s only supermarket would be ridiculous. This conversation, and the article, is specifically discussing the realm of art exhibitions, and a marginalised groups right to have an exhibit be an exclusive place. I am a woman, and you’re right that it does give me a bias here. As an example though, I’m white, and I would be perfectly okay being excluded from an exhibit that was set aside for Indigenous Australians. I think the cultural significance of art can be really important, while also generally not causing a person harm to miss out on.
They also only allow women patrons, so men are not charged for a service that is not equally provided.
In the example I just gave I’d personally be fine paying regardless for say, the admission to a whole gallery with just one exhibit inaccessible to me. I do see how this could be a problem though. Would it be a good enough resolution then, if that was a seperate ticket than the general admission? What if that exhibit ticket was then free though? Free as in, for anyone of that group even without a gallery ticket.