Census legislation imposes legal duties on respondents to the Census. One of these is that returns “must state” “sex”.
The sex question in #Census2021 is "What is your sex" /1
The sex question in #Census2021 is "What is your sex" /1
In contrast to questions prescribed by the Regulations about, for instance, national identity or ethnic groups, the question is not
“How would you describe your sex?”, or
“Which of the following best describes your sex?”.
It is: “What is your sex?”. /2
“How would you describe your sex?”, or
“Which of the following best describes your sex?”.
It is: “What is your sex?”. /2
The meaning of “sex” is a question of statutory interpretation. It is not a question to be determined by the “expert judgement” or “evaluation” of the ONS on what data it thinks it “most useful” or “reliable” to collect. /3
Nor can it be determined by how certain respondents to the Census would or would prefer to understand a concept of “sex”.
It is a question of law.
The Court arrives at that meaning using familiar, common law principles of statutory interpretation. /4
It is a question of law.
The Court arrives at that meaning using familiar, common law principles of statutory interpretation. /4
Properly applying the principles of statutory interpretation, the word “sex” means “legal sex”, the respondent’s sex according to law
That is the sex on a birth certificate or the sex a person has 'become' with a GRC /5
That is the sex on a birth certificate or the sex a person has 'become' with a GRC /5
Properly construed, “sex” does not include a concept of self-identified sex or gender identity, where that differs from birth sex or sex which is deemed by operation of the GRA /6
The @ONS Guidance is therefore in breach of public law principles and unlawful because it is predicated on an erroneous understanding of the law, or misstates or is misleading as to the law; and if followed, would be liable to result in unlawful acts /7
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