spen666
Well-Known Member
It's a point of view. However some people might think that 140 characters including spaces rather long. Of course it could be covered in four words - ''trans women are women''.
In the spirit of trying to be helpful, and find some level of agreement with you, I invite you and other readers to compare relevants laws such as the GRA2004 and the EA2010 with their motor insurance certificate.
There is the section that first lists who and what is covered - the application. Example, the policyholder, spouse, named drivers, the vehicle or vehicles, the selected extent of cover, legal protection, windscreen, etc.
The is the section that lists exceptions - the disapplication. Example, Acts of God, use in connection with hire or reward, use in connection with the motor trade, racing, etc.
The EA2010 is a consolidating act of prior legislation attempting to bring various prior discrimination law into one place without modification of those acts. The DDA1995 and SDA1005 for example are both replaced by the EA2010 whereas the GRA2004 is not. This is because unlike the DDA1995 and SDA1995 the GRA2004 is a 'deeming' act, rather than a discrimination act and therefore not repealed or amended by the EA2010. People who acquire a GRC through the legal process become the gender and sex of the amended birth certificate.
The EA2010 consolidates the SDA1995 and the GRA2004 within it. Therefore definitions of 'sex' are carried over from each in consolidation.
While the GRA does not provide a legal definition of 'sex', it makes clear that both 'gender' and 'sex' are amendable categories under the law.
Statute law treats both sex and gender identity as binary. In turn the EA2010 does not provide a legal definition of 'sex'.
The EA2010 accordingly accommodates 6 pathways of protection within its scope in a 3 by 2 framework.
Natal men and women are protected under 'sex' but not gender reassignment.
Natal men and women intending to undergo, or are undergoing gender reassignment are protected in their birth sex and under 'gender reassignment'.
Natal men and women who have undergone transition and have obtained a full GRC are protected under both 'acquired sex' and 'gender reassignment' depending accordingly on the nature of the discrimination.
These provisions are for 'all purposes' except where they are disapplied. For example, parenthood, gender affected sport.
This is what the law says as intended by parliament. There are those who disagree with the law. They are free to disagree with the law, but as the High Court has said, that does not mean they are very much not free to discriminate.
The Supreme Court have the role of discerning whether the lower courts are correct in their construction or whether parliament intended something else.
Claims that ''we all know what a woman is'' fail to address the legal point. That is that the Supreme Court must find fault with the construction of the lower court in order to dismiss it, and instead find in favour of the appellants.
TLDR - more than 140 characters