Gender again. Sorry!

[CXRAndy]

I bet it has a bearing on the outcome 👍

 

[monkers]

I bet it has a bearing on the outcome 👍

Explain.

 

[CXRAndy]

Supreme court judgement

affirmed and clarified the existing law by applying standard principles of statutory interpretation to resolve ambiguity in how the EA 2010 interacts with the GRA 2004.

 

[monkers]

Supreme court judgement

affirmed and clarified the existing law by applying standard principles of statutory interpretation to resolve ambiguity in how the EA 2010 interacts with the GRA 2004.

Funnily enough, with the bolded part you are correct. So gosh, you've been right twice this evening.

However in saying that you've also said that the Supreme Court judgment is nonsense. You see they had one job - to examine the evidence to see what parliament intended. If there was no evidence, then yes, they could look to other legal tests, such as those used in human rights cases. Instead they have produced a result that disregards and is incompatible with the 1999 and 2008 amendments to the Sex Discrimination Act 1975, the Christine Goodwin vs the UK judgment, the subsequent Gender Recognition Act 2004, and the much later Same Sex Recognition Act.

The principal question which the court addresses on this appeal is the meaning of the words which Parliament has used in the EA 2010 in legislating to protect women and members of the trans community against discrimination. Our task is to see if those words can bear a coherent and predictable meaning within the EA 2010 consistently with the Gender Recognition Act 2004 (“the GRA 2004”).


They could have ruled that some of the drafting of the EqA 2010 was not consistent with parliament's intention. That would have required a fix to be provided by government / parliament. This would have avoided the accusations of the Supreme Court legislating from the bench. However those accusations do exist, so this is unfinished business.

Now you have the opportunity to go for the hattrick and be right three times on the trot in one evening.