1. A fundamental problem with the decision of the SCt in FWS:
The Court said it was a matter of statutory interpretation but they don’t appear to properly assess the entirety of the statute, the EqAct.
EqAct s11 says man/male, woman/female. …
2. But If s11 was to be taken to only mean sex as gonads, genitals & chromosomes, the Ct ignored entirely the decision of the ECtHr in Goodwin v UK, by failing to address the Human Rights of TP with a gender recognition certificate …
3. The Court appears to have dismissed those rights as laid down in Goodwin & has determined sex was as held by Ormrod LJ in Corbett v Corbett (1971)
Other than regressing the law 55yrs, the Court did not consider why the EqAct schedule 3 exists. …
4. The relevant part of Sch3 are those providing S/S Sex services with a defence if a claim for excluding a TP is brought.
But if a TP is always of the sex as per Corbett, not as their grc says, then sch. 3 would have been unnecessary.
But sch. 3 does exist!
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There is no moral imperative on anyone to do anything - that would require belief in an overarching set of moral & ethical principles guiding the world we live in.
But we are just a jumble of evolutionary chances, there is no omniscient mind. 1/5
In order for society to be community, I hope we do what we can to afford each person the opportunities to live their best life during such limited time as they/we have.
I believe we choose - to beat our own path
OR
…
3. … we follow the path of the social imperative, wherein we improve life for all during our short time in this world.
I give regard to all as they present, & afford them respect until they do something to lose it. I hope for the same in return
2. Those records are cross correlated with already known data held by govt agrnces
HMRC, DSS, DVLA, school, clinical, & Passport records all keep a record of any ‘change of sex/gender’. Those are accessible to relevant parties e.g. for paying pensions, immigration etc
3. Further Govt can access records of all those with a gender recognition certificate
So who else lneeds to know: Spouses & partners
Partners have either reached the trust stage or they haven’t. But non-disclosure about being trans or telling a lie about …
1. But that still doesn't permit the EHRC to go beyond its remit and instruct service providers to discriminate
The EHRC's remit is to prevent arbitrary and unfounded discrimination
Discrimination is often acceptable, we don't let 5yr olds/Blind people obtain driving licences...
2. But when a SP chooses to provide a service, it is up to them to decide what, how and to who that service will be provided.
SP's have an absolute right to exclude anyone so long as they do not exclude anyone because of their protected characteristic, unless there is an...
3. ... an exemption contained within the Act.
e.g. SP's must provide equal access for those with disabilities, unless the cost of providing access is prohibitive for the business.
Single & Seperate Sex SP's can continue to choose how they provide services. The EHRC ...
1. I think I am correct & know that
Service providers (SPs) get to decide what services they provide, how & to whom
SPs have an absolute right to exclude any person provided it is not because of a protected characteristic
SPs who provide a single or Seperate sex service …
2. … may exclude a TP if it us both legitimate or proportionate to do do
Note the MAY
SPs of S/SS services may choosr to continue providing them to anyone who needs them including TP. They may choose to rename or reorganise a service so as not to exclude TP
The role of …
3. .., the @EHRC is to prevent arbitrary & unfounded discrimination because of a persons protected characteristic & to ensure the Human Rights of all are both balanced & upheld
The EHRC’s interim guidance is legally incoherent in that it gives insufficient consideration to …
1. Motion passed b the British Medical Association (BMA) at the weekend:
“This meeting condemns the Supreme Court ruling defining the term 'woman' with respect to the Equality Act as being based on 'biological sex', which they refer to as a person …
2. … who 'was at birth of the female sex', as reductive, trans and intersex-exclusionary and biologically nonsensical.
We recognize as doctors that sex and gender are complex and multifaceted aspects of the human condition and attempting to impose a rigid binary has no basis…
3. … in science or medicine while being actively harmful to transgender and gender diverse people.
As such this meeting:
i. Reiterates the BMA's position on affirming the rights of transgender and non-binary individuals to live their lives with dignity, having their…
2. Since inception, the EqAct has had an exemption for Single & Seperate Sex Service Providers, which allows/allowed Service providers to exclude TP from A service, provided:
a. It is a genuinely Single or Seperate Sex Service (S/SSS)
b. there is a legitimate reason …
3. … for the exclusion of Trans people
c. The exclusion of TP is a proportionate response to that legitimate reason
For example:
a Sexual Assault Referral Service which sees victims individually & seperately, would struggle to say it had a legitimate reason to exclude..,