Member

The Supreme Court has now clarified that “sex” in the Equality Act means biological sex, which is helpful, but that ruling was not intended to and does not solve the operational confusion faced by prisons, hospitals and public authorities, which must navigate two legal regimes without clear guidance while we are still waiting for the Government to publish their advice. It is my understanding that the court judgment is narrowly concerned with the definitions of “man” and “woman”, and therefore any policy choices regarding the certificate regime will be outside of the guidance. In short, the legal status of the gender recognition certificate is unchanged. Without this amendment, therefore, a sexual predator can still obtain one.