Judgement day

 I don’t suppose many trans deniers have read the full judgement or the law report. It is being widely interpreted (including, shamefully, by the media) as setting out an all encompassing legal principle that sex and gender in law refers to “biological sex”. It doesn’t. It points out that the way the Equalities Act (“EA”) refers to sex, particularly as it relates to discrimination regarding pregnancy cannot make sense unless sex means biological sex. 

In other words, (a) the judgement applies to the EA and no other statute; (b) the Gender Recognition Act (“GRA”), remains in force. The GRA states that the possession of a gender recognition certificate makes the holder their assigned gender for all legal purposes unless specifically disapplied; (c) the EA offers protection to trans people elsewhere. It seems to me that sets up possible areas of conflict where treating a trans woman as a man creates discrimination of itself. I’m not a lawyer. I will leave it to lawyers to sort that one out. But the point is that the court recognises trans as a reality.  It doesn’t say that a trans woman is a man. 

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