Sex, Equality and the Law: Cutting Through the Noise – Explaining the Supreme Court Ruling and What’s Next

Alison Jenner sets the scene for a key fringe meeting.

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Akua Reindorf - King's Counsel; Susan Smith - For Women Scotland; Maya Forstater - Sex Matters

The fringe meeting offered by the LD group Liberal Voice for Women at York Novotel on Friday evening 13 March at 8:00 pm, looks set to enliven the whole weekend.

The panel members are stellar names in feminist politics: Susan Smith is one of the successful appellants in the ‘For Women Scotland’ case against the bumbling SNP ministers. They had tried unlawfully to include transwomen (holders of a separate protected characteristic) in a positive action measure intended to appoint more female members to public boards in Scotland. Susan will recount her experiences of combatting injustice before, during and since that famous victory in the Supreme Court.

Maya Forstater is the eponymous campaigner whose successful appeal against her unfair dismissal led to her widely shared philosophical tenets – that sex is real, cannot be changed, and is materially important in all our lives – becoming a “protected belief” under the Equality Act. Maya, who is CEO of the charity Sex Matters which was an intervenor in the Supreme Court case, intends to point to the clarity which the judgment now provides to organisations, and the endorsement of this clarity by a recent High Court case, and will explain what councils and organisations need to do now – implement, without further delay, the legal provisions which have been uncontroversially  enacted in law since the 1970s.

Akua Reindorf, KC, a leading barrister in equality cases, will be speaking in a private capacity to cut through the noise, dispelling the myths and obfuscations which have been peddled about the Supreme Court ruling, handed down almost a whole year ago. Liberal Voice for Women hopes liberal and democratic members who like to engage in rational discussion of policy will join us in exploring the issues contained in the case; and which will be the basis of F14, “Diversity, Inclusion and Representation,” due to be debated at conference on Saturday afternoon.

Get tickets for this event here.

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2 responses to “Sex, Equality and the Law: Cutting Through the Noise – Explaining the Supreme Court Ruling and What’s Next”

  1. “Noise…myths, and obfuscations”… Unfortunately, that sums up the way in which equality law (as well as workplace regulations designed to ensure that workplaces have adequate facilities for women) has been subverted over more than a decade, and in which the Supreme Court ruling is being still resolutely ignored on the basis that “it’s complicated” – it isn’t – or even that the ruling it isn’t even law until the Statutory Guidance has been published.
    The noise, myths and obfuscations continue.

    1. Andrew MacGregor avatar
      Andrew MacGregor

      Well made points Toby.
      The immediate responses in my view, were firstly that the ruling didn’t define ‘biological sex’ which is not merely wrong, it is a misrepresentation of the ruling. The second response came quickly afterwards, which was to suggest that nothing needed to be changed, which was on close inspection also wrong, in the main due to the points you noted. The third and most annoying is the ‘we will wait for the full guidance from the EHRC’ which really didn’t need to be waited for, where there was clear male and female changing facilities. Lastly, and this was funny, was the claim that the UKSC contradicted itself in the ruling by providing the definition then saying that you can’t discriminate against trans people, as though that overrode the first part of the ruling.
      Parties in UK politics need to get to grips with the law as very clearly laid out and explained in the judgement. Delays and obfuscations are unlawful and it needs to be made clear that unlawful behaviour costs money and reputation.

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