At the weekend, a group of trans women protested topless at the Scottish Parliament about the recent Supreme Court ruling that the Equality Act defines women as "biological women". The police couldn't arrest them, because to arrest them for showing their breasts would be to define them as women (it's not illegal for men to be topless). And, of course, the right-wing press that reported on it censored their breasts, thereby making their point for them.
@brucelawson hold on. It illegal for women to be topless in Scotland?
@TheComfortableSpotPodcast Dunno; I think it could be considered "indecent exposure", which is against the law. One protester said “If the Supreme Court can see these woman legally as men, then they’ll have zero issue with them going tops off.” https://www.thepinknews.com/2025/05/17/scottish-parliament-holyrood-trans-protest-supreme-court/
Topless trans protest outside Holyrood a ‘public act of grief, resistance and solidarity’

Trans women staged a topless protest outside of the Scottish parliament to condemn the UK Supreme Court's ruling on the definition of 'sex'.

PinkNews | Latest lesbian, gay, bi and trans news | LGBTQ+ news
@brucelawson it's bonkers that women topless is considered indecent but men aren't. Yet another example of inequality.

@TheComfortableSpotPodcast @brucelawson
@jebantyk

I am told, by wiser people than I, that in #England & #Wales, the #crime of indecent exposure requires an "indecent" component. Merely walking about as your Deity/mother nature made you is not - in and of itself - a criminal act. One's accuser must explain to the judge's satisfaction why your exposure was indecent (maybe you needlessly jiggled something about, for example).

They went on to tell me that this is not the case in #Scotland, where one may be detained simply for rambling naked. They did not know whether or not one would successfully be prosecuted in the Scottish #court, but they thought it probable. It was not their area of expertise.

I did thank them for their advice, and put my clothes back on ;)

#law #lawfare #UK #God #nudity #art #policing #police #courts #rambling

@doboprobodyne @brucelawson @[email protected] I would be fine with whatever legislation is in place as long as it applies in the same way to everyone. Women don't have a choice in how their brests grow but they shouldn't be treated as if this part of their body is obscene.
@doboprobodyne @TheComfortableSpotPodcast @brucelawson @jebantyk I went and found the Scotland-specific legal guide written up by British Naturism, it seems that they could have been fully in the buff and there would not have been anything inherently illegal about it. If they swore at someone who told them to put a top on though, it might be! Police sometimes detain naked ramblers anyway, but this is in spite of the law. https://www.bn.org.uk/files/file/739-legal-guides-public-place-naturism//
Legal Guides - Public Place Naturism

There are three legal guides; one for Scotland, one for England and Wales and one for Northern Ireland. Please ensure that you download the correct version. Here in the UK we are lucky enough to have a legal system that we believe can be relied upon to maintain order and to support us in times of...

British Naturism

@compost_funeral @TheComfortableSpotPodcast @brucelawson @jebantyk

Further, I must caution readers to great care in how they interpret this thoughtful and excellently written guidance. I note this 2011 article on the re-arrest of the Naked Rambler in Scotland: https://www.bbc.co.uk/news/uk-scotland-tayside-central-14649394

Being convicted of a crime, however egregiously wrongful the conviction, can be terribly inconvenient.

At any rate; the manner of protest of these ladies is tremendously elegant.

#law #lawfare #nudity #crime #police #policing

'Naked rambler' Steven Gough jailed again

Naked Rambler Stephen Gough has been jailed for another 657 days after enjoying less than 60 seconds of freedom.

BBC News
@doboprobodyne @compost_funeral @brucelawson @[email protected] the enforcement of these norms is less about the act itself (a woman being topless) and more about controlling public reaction—especially from men. This essentially punishes women for the potential inability of others to behave appropriately, which is deeply problematic from a gender equality and human rights perspective.
@doboprobodyne @compost_funeral @brucelawson
This kind of logic reinforces several troubling ideas:
1. That women's bodies are inherently sexual, even when they're not being presented in a sexual way.
2. That men cannot or will not control themselves, which is insulting to men and infantilisng.
3. That public space is implicitly male by default, and women must modify their behavior to avoid provoking a reaction.
@doboprobodyne @compost_funeral @brucelawson
Laws and social norms based on this kind of thinking contribute to a broader culture of victim-blaming and control over women's autonomy. Instead of teaching and expecting men (and everyone) to behave with respect and self-control, society too often shifts the burden onto women to avoid being seen or "provocative."
@doboprobodyne @compost_funeral @TheComfortableSpotPodcast @brucelawson regardless of the merits or otherwise of his behaviour, I would consider the behaviour of the police in hanging about outside the prison waiting to re-arrest him as being harassment.
Surely he should be allowed to go free in the hope that he will rehabilitate .
I don’t think this is particularly good use of prison accommodation or police time

@peterbrown @compost_funeral @TheComfortableSpotPodcast @brucelawson

I concur. I would say it is a damning indictment of the system on many levels. I regret the cost of it to all concerned. At the risk of sounding silly, but I say it because it is the benchmark I try to use for myself, I do not think the actions of the police are driven by love.

@doboprobodyne @TheComfortableSpotPodcast @brucelawson @[email protected]
"Rambling naked" will be a reference to the (in)famous naked rambler. Exposing ones genitals in public "in a sexual manner" is an offence, but merely being naked (with no sexual intent) is not.
However prudish PFs took objection to the Naked Rambler's expeditions, arrested him for breach of the peace, then when he attended court he was ordered to dress; he refused, so was done for contempt of court

@HighlandLawyer @TheComfortableSpotPodcast @brucelawson

Thank you! I did wonder. I should say the court is probably deserving of contempt, if it cannot stomach the human form, although I'm sure the court would disagree.

#law #lawfare #nudity #police #policing

@TheComfortableSpotPodcast @brucelawson Especially men with breasts bigger than most women... Or massive belly they flaunt around so proudly. That's pretty indecent yet just allowed.
@rejzor @TheComfortableSpotPodcast @brucelawson there's no need to be fatphobic to make a point in this matter, tho.
@TheComfortableSpotPodcast @brucelawson
No, not in and of itself. If in public it might be part of another offence.
@TheComfortableSpotPodcast @brucelawson Im pretty sure its illegal in many european countries, or at least you can get fined for it.
@TheComfortableSpotPodcast @brucelawson same in many countries. In Germany exibitionism (§ 183 StGB) can only be committed by men.
@brucelawson @janl and then Glinner further proved their point by trying to claim that several of them are cis women because they clearly don’t look like men 😆
@brucelawson waiting for Joanne to turn up, wave a magic wand... "BREASTUS DISAPPEARUS"
@brucelawson
👍🏼👍🏼👍🏼😆😆😆
@brucelawson Did anyone have the courage to report it *without* censoring the pic? Though it's a piss-poor job of censoring 🙂
@kauer I don't know. Trawling through all the press in the UK would be a deeply dispiriting process.
@brucelawson It’s a glorious bit of demonstration
@brucelawson
What a world: we are bombarded day and night with images of deported, starving, drowning, abused, mangled bodies, but nipples ... nipples are the final enemy for the shitty, bigoted pack -,-
@brucelawson I applaud the tenacity of these women. Catching the system at its own game is brilliant!
@brucelawson
Brilliant just brilliant.❤️ 
@brucelawson I already said this elsewhere: cis women need to join in and make them utterly lose their shit.
@brucelawson Brave, wonderful women. Hell yes.
@brucelawson Female toplessness is actually legal in large chunks of the US (it's a patchwork of local laws and rulings) but frequently the police aren't really aware of the legal situation, so I wouldn't recommend trying unless you're attempting to make a point by getting arrested.
@mattmcirvin @brucelawson this was in Scotland, which is not a part of the US
@brucelawson I was at this. Bloody good protest!
@brucelawson In Europe the faces would be blurred, not the nipples, silly Americans
@jrsikken @brucelawson didn't realize the Scottish parliament was located in the Americas
@brucelawson In Ontario Canada, Gwen Jacob was charged with indecency when she took her top off on a hot day. That led to a legal fight that eventually granted women the right to be topless in Ontario, since 1996.
@lauriekay9 @brucelawson And if a woman goes topless in Ontario, she receives cat-calls and harassment (except in a Pride parade), while police do nothing. Net change: virtually nil.
@alan @brucelawson That is 💯correct. Women have the legal right to be topless in Ontario, but it will be a long time before the collective maturity exists to cope with it.
@brucelawson As far as I know public nudity of any kind is not illegal, providing you are not "causing distress or alarm". So the police can't arrest women for simply being topless.
@brucelawson In Scotland you have to be "offending public decency" but simply being naked is not illegal.
@howard @brucelawson
They kept arresting the naked rambler just for being naked.
@geoffl @howard @brucelawson
Technically they kept arresting the Naked Rambler for contempt of court, although that was for breach of an order to put on clothes.
@brucelawson But unless they do genetic testing on every person declaring themselves to be a different gender from what their genitalia might indicate, nobody can possibly know whether they’re “biological women” or not. If people are concerned about different genders competing in the same sports, I believe their worries are misplaced. Why not create classes of competition based on levels of testosterone rather than gender? It’s more complex; but so are humans.
@BrendaAnna @brucelawson Genetic testing costs money. But it's not needed here because trans is defined as having a gender different from the sex assigned at birth. So when a baby is born, they look at it and decide what it is and put it on the birth certificate. If someone has a different gender from what they decided at that time, they are trans.
@duco @brucelawson I agree that it would be absurd to do genetic tests on people who are Transgender. Ideally, we would all just take their word for it. Unfortunately, there are currently a lot of ignorant people who are not willing to see beyond the 2 gender status quo. Given positions of power, these people will make considerable efforts to ensure Trans people are not acknowledged.
@BrendaAnna @brucelawson most trans people fit into the 2 gender status quo, though. They are men or women.
But I agree that there are people fighting trans and other queer people. There is still a lot of fighting for trans rights needed.
@duco @brucelawson All the fears that some people express as grounds for being dismissive of the Trans community are so easily addressed without dehumanizing anyone. Unisex bathrooms with private stalls and focusing on testosterone levels rather than gender in sports events are a couple of examples.

@duco @BrendaAnna @brucelawson genetic testing is also irrelevant from a UK law perspective, the Court defines ‘biological gender’ to be ‘the sex of a person at birth’ — so it doesn't matter if a woman originally assigned male turns out to be XX or XY or anything else on any test: It's that original assignment — and only that — which counts.

No test can tell you what a person's original assignment was.

There is no definitive official document that states what someone's assignment was.

@zbrown @duco @brucelawson I hope we can evolve to that point in the US; but it isn’t looking likely soon, sadly.

@BrendaAnna @duco @brucelawson what? why? this situation is completely unhinged!

Access to services, and not just toilets, is now supposed to be gated on ‘biological sex’ except there is absolutely no way to know what a person's ‘biological sex’ is, nor can you ‘prove’ your own!

Not only is it completely unjust, it's totally unworkable — you fundamentally cannot comply with it even if you wanted to (and unfortunately there are many who are).

@zbrown @duco @brucelawson I meant that I hope we’ll eventually stop attempting to assign gender at birth.