Everyone needs accurate data on sex in the census. It's important for the LGB & T communities too.
Accurate information on birth sex is important so it can be placed alongside the new voluntary question on sexual orientation /1
Ticking the box “gay or lesbian” necessarily requires accurate sex data to disaggregate the two distinct groups of gay men from lesbian women. Forms of discrimination against lesbians can be different from forms of discrimination against gay men, as can their health issues /2
We need good data regarding which young people are identifying as transgender and why most are now natal females. It will be of crucial importance for the ongoing independent review into gender identity services for children and young people led by Dr Hilary Cass /3
Transactivists claim that gender identity trumps sex, and therefore we don’t need data on sex. We say, on the contrary, we need accurate data on both sex and gender identity to order to investigate the way both factors influence people’s lives /4
It is possible that such analysis will reveal that sex is unimportant in certain contexts - only then should we stop collecting data on sex in those contexts /5
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Judge: Mr Justice Swift
Defence Counsel: Sir James Edie QC
Claimant Counsel: Mr Jason Coppel QC
/1
Permission for live tweeting granted by the Judge.
Some IT technical issues delaying the start of the hearing /2
Claimants Counsel sets out the legal arguments.
Census law mandates citizens to answer "What is your sex" according to their legal sex (birth or acquired by GRC).
Guidance conflates and confuses the concepts of sex and gender identity /3
TODAY: @ONS must defend its decision to redefine the meaning of sex in the #Census2021 in the high court.
Follow #FPFWvONS for live twitter updates throughout the day. Proceedings start 10am Tuesday 9th March /1
This legal challenge is necessary because @ONS published unlawful Guidance to accompany the question "What is your sex?" on the #Census2021.
The ONS expanded the definition of sex to include self-declared gender identity. This means accurate data on birth sex gets lost /2
The Guidance was published on 12th February. Just 10 days before @ONS was due to start accepting census returns and just 5 weeks before Census Day on 21st March 2021.
We started legal proceedings within 7 days and just 27 days after publication @ONS are in the high court /3
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
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
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
Since 1804 the census has always asked "What is your sex". That question has always been answered without reference to any guidance except for a mere 1000 people who referred to some in 2011. /1
It's always been lawful to collect data on biological sex and it's always been important. In 2016 the ONS still was claiming that biological sex was "one of the most frequently used and important characteristics the census collects"... /2
.... and that it's "critical that the collection of information on gender identity for a small population does not jeopardise the quality of data collected on sex" for everyone else. /3
Initial reflections after the trans prison JR hearing
1) Good data collection matters - how can there be a workable policy on how to deal with transwomen with a GRC when the MOJ doesn't even know how many there are in prison. /1
2) Having a GRC is more than 'just admin'. MOJ says its a 'weighty matter' when it comes to making decisions about balancing risks
In essence, having a GRC enables a high risk male-born sex offender to get supervised association with women without their consent /2
3) This is the first time court has considered the interactions between the GRA2004 and EA2010 single sex exceptions. Turns out its not as straightforward as Stonewall has been telling everyone.... /3 🤔