Mastodawn

RE: https://flipboard.com/@pinknews/uk-news-3r20qt2qz/-/a-VPy5LCg7RJeT7JxM-CYtlQ%3Aa%3A2382343751-%2F0

#PoliceScotland's new policy as reported here is illegal, because it takes no account of a #GenderRecognitionCertificate (#GRC).

The atrocious #UKSC decision in #FWS allows a GRC to be disregarded for purposes of the #EA2010. But it doesn't override a GRC for other purposes.

#GRA2004 §22 still applies: https://www.legislation.gov.uk/ukpga/2004/7/section/22

Disclosing info relating to a GRC is a criminal offence. The police focus on "BiologicalSex" risks routine illegal disclosure. I hope #trans are ready to sue

#scotpol

Claire McNab Feb 15

@tony The #UKgov has only 2 possible levels of appeal:

1/ to the Court of Appeal (#EWCA)
2/ to the Supreme Court of the United Kingdom (#UKSC). The #HomeSecretary #ShabanaMahmood says she wants to appeal, but I dunno if leave to appeal has been granted.

Both levels of appeal would probably take ~18–24 months to get a final answer from UK courts.

However, if the UK courts back the govt, then #HudaAmmori could appeal to the European Court of Human Rights (#ECtHR). Probably another 2–3 years.

Show thread

Claire McNab Nov 15

@GeofCox I share @benofbrown's caution.

#BridgetPhillipson's track record on #trans rights is atrocious. If #Phillipson wanted to support trans people, the simple remedy would be to pass a one-sentence amendment to the #EA2010 making a GRC define sex in the EA as it does elsewhere. The #UKSC ruling in #FWS would be redundant.

This intervention marks a useful but small retreat from the #EHRC's extremist #transExclusion agenda. Phillipson just wants to crap on us less crudely.

Claire McNab Nov 4

Excellent letter in #TheGuardian from Labour #MP Rachel Taylor about the destructive role of the #UK #EHRC's chair, the hardline #transphobe #KrisherFalkner, whose "ideological interpretation" of the #UKSC judgment in #FWS "risks marginalising transgender people". https://www.theguardian.com/society/2025/nov/03/equality-commission-guidance-after-sex-ruling-is-fundamentally-unworkable

Of course, Taylor diplomatically understates the problem. Falkner does not "risk marginalising #transgender people"; #trans exclusion is her clear goal.

There are also signs of possible govt caution ...

Show thread

Claire McNab Nov 3

Absolutely, @simon_brooke. The #UKSC inverted reality, and stripped rights that parliament had clearly intended to confer.

That could have been done honestly by Parliament. It could have voted to clarify definitions either way, and it could still do so. A simple amendment could undo the #FWS judgment.

But my meta point is that both with Andrew and with #trans people, UK law was simply pulled out of a conjurer's hat, then solemnised as if it was ancient. The "#BritishConstitution" is a farce.

Show thread

Claire McNab Nov 3

Smilarly, the #UKSC's stripping of trans rights in #FWS could have been done in a very simple bill amending the Equality Act 2020. That would still have been a cruelly devastating breach of #ECHR rights, but at least it would have been procedurally honest.

#UKania does sometimes do procedural honesty. But it's optional.

END OF THREAD

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Claire McNab Nov 3

This is of course what happened In the #UKSC's judgment in #FWS. The judges refused to hear any opposing arguments, ignored all the evidence in parliamentary proceedings of the clearly stared intent of ministers. They then proceeded to not just gut the existing statutory framework and overturn it, but to do so on the basis of absurdist concepts such as "biological sex", which they didn't even attempt to define.

In both cases, sleight of hand is masquerading as law.

staringatclouds Jun 11, 2025

#Trans #UKSC #Legal

Mastadon #legal hive mind may I beg your opinion please

The #UKSC ruled that #Trans people are the sex they were identified as at birth based on the Equality Act 2010

They also suggested amending the Equality Act would be difficult

What would be the effect of deleting or amending the Gender Recognition Act 2004 Section 9(3) ?

To me it looks like this'd return #Trans people to the state they were in before the #UKSC ruling

Happy to be corrected

https://www.legislation.gov.uk/ukpga/2004/7/section/9

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