Discover and read the best of Twitter Threads about #Xpassports
Most recents (5)
Day 2 #Xpassports case in the Supreme Court.
Christie Elan Cane says per case concerns "the community of non-gendered, non-binary and intersex persons and others whose gender identity is neither, or neither exclusively, male or female.”
Starting in a minute....
Christie Elan Cane says per case concerns "the community of non-gendered, non-binary and intersex persons and others whose gender identity is neither, or neither exclusively, male or female.”
Starting in a minute....
You can watch live here
supremecourt.uk/live/court-01.…
@fairplaywomen are also watching and commenting
supremecourt.uk/live/court-01.…
@fairplaywomen are also watching and commenting
Today it is Sir James Eadie QC for the Home Office who will say that the decision made by the Court of Appeal was correct
#XPassports
TODAY TWO
Follow this thread for live tweeting of the government defending its position to refuse X on passports at the Supreme Court.
You can also watch the proceedings here. Starts 10.30am /1
supremecourt.uk/live/court-01.…
TODAY TWO
Follow this thread for live tweeting of the government defending its position to refuse X on passports at the Supreme Court.
You can also watch the proceedings here. Starts 10.30am /1
supremecourt.uk/live/court-01.…
Sir James Edie QC is speaking for the government. (The same Sir James we beat in the ONS case but we won't hold that against him :-D) /2
JEQC: Does respect for private life (Article 8) impose a positive obligation on the state to take action? If so then EVERY country that doesn't allow X in passport is in breach. The fact they don't is because there is a wide margin of appreciation (leeway) for each state /3
We are back with part II of the live tweets of the #XPassports case #ElanCane
Kate Gallafent QC for the Appellant Christie Elan Cane
Judges Lord Reed, Lord Lloyd-Jones, Lady Arden, Lord Sales, Lady Rose
Kate Gallafent QC for the Appellant Christie Elan Cane
Judges Lord Reed, Lord Lloyd-Jones, Lady Arden, Lord Sales, Lady Rose
KCGQ: starts again on the margin of appreciation in the case of Hammeleinen (a Finnish case on gender recognition)- wide or narrow
1)Narrow is it important to a person's identity? (Passport is customarily used for identity)
2)Consensus?
3) Wide: competing public & private rights
1)Narrow is it important to a person's identity? (Passport is customarily used for identity)
2)Consensus?
3) Wide: competing public & private rights
Margin she says is not a factor in itself - it goes to the balancing exercise, rather than a factor. the degree of latitude given to the state vs the private actor?
Even if there is a wide margin it would still be possible to see if the state has exceeded it.
Even if there is a wide margin it would still be possible to see if the state has exceeded it.
#Xpassports
Discussions begin round Human Rights Article 8 (right to private life). Court has previously agreed that Article 8 IS engaged. Refusing X on a passport does interfere with human rights. The issue before the court is whether this interference is justified /1
Discussions begin round Human Rights Article 8 (right to private life). Court has previously agreed that Article 8 IS engaged. Refusing X on a passport does interfere with human rights. The issue before the court is whether this interference is justified /1
Appellant QC raises the issue of how human rights leads to positive obligations on the state. What is the margin of appreciation when considering the impact on wider society? Wide or narrow? /2
Appellant QC argues there is a positive obligation on the state to 'recognise' a non-gendered identity. The UK gov has not yet accepted this obligation. Therefore refusal to allow an X on a passport is a lack of recognition rather than an implementation issue. /3
Sex Matters will be live tweeting the #XPassports Elan Cane case today which is at the Supreme Court.
Starting at 11 am
Starting at 11 am
Counsel for the appelant: The appelant transitioned to non-gendered by two surgeries.
Secretary of state says Gender identity is inate sense of gender - male female both neither or fluid
Secretary of state says Gender identity is inate sense of gender - male female both neither or fluid
HMPO has undertaken internal review identified 8 concerns for X passports . None of which are now relied on . Says passport will only be issued for M or F under sex /gender
