Supreme Court UK

The New EHRC Code Demonstrates Why Sex‑Based Laws Need a Root‑and‑Branch Review

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Ed Davey, Leader of the Liberal Democrats, and Marie Goldman, the Liberal Democrat Spokesperson for Women and Equalities, have recently written to Bridget Phillipson protesting the publication of the EHRC’s new Code of Practice for the Equality Act 2010 and declaring it not fit for purpose. Quite how balanced the evidence base was in reaching this conclusion is unclear. Nevertheless, their letter calls for the need for post-legislative scrutiny of the Gender Recognition Act and the Equality Act by a cross-party committee, “Taking evidence from all communities who have been impacted.” It suggests that the purpose of this is to…

Clarity: Not Erasure

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What has actually happened The Supreme Court did not remove rights from trans people. It clarified which legal characteristic protects which interest. The Equality Act 2010 contains nine protected characteristics. Two of them are relevant here: sex and gender reassignment. For years, ambiguity existed about how these interacted – particularly whether a trans woman (i.e. a man) with a Gender Recognition Certificate should be treated as a woman for every purpose under the Act, including access to single-sex services. The Supreme Court, unanimously, said no: for the purposes of the Act, “sex” means biological sex. A GRC does not alter that…

Thought‑Terminating Clichés Are the New Normal

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Over the past week I have spent some time on Blue Sky. Partly because this is where a lot of Lib Dem MPs are now posting and I wanted to read their reactions to the EHRC guidance (in summary they have been largely silent except for the Women and Equalities spokesperson who condemned it as a huge step back for human rights – which I disagree with). However, I ended up in several conversations with trans activists on the app who are making the same kind of arguments that failed on Twitter (X) three years ago. One of the key…

Comment Is Free – if You Know Where to Look

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Censorship is central to the mission of LibDemVoice, the long established “independent” party platform. Its moderators guard their single interpretation of the party’s vision with passion. Opinions that question their beliefs and views from members who suffer from independent thought do not sully their website. This has become such a problem that many members no longer read its articles and those who do rarely attempt to respond, because they know that their contributions will end up in the bin. It was John Stuart Mill who famously wrote: “He who knows only his own side of the case knows little of…

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

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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…





