Important - The Equality Act guidance has just changed

Could this be a candidate for judicial review? The guidance interprets the acts for the public, but has it been drawn up with consideration for how this interpretation of the law for one group impacts on other groups and makes it practically impossible to use the exemptions?

And in the context of what looks like a shift to remove sex from the law, this really isn't a drill is it.

Those definitions....
Gender reassignment is the process of changing from one sex to another?!
That's not actually physically possible, dear UK government!

Gender reassignment - The process of changing or transitioning from one sex to another. See also transsexual person.

I think that's quite significant. The pretence that this is about 'gender' is gone. It highlights the conflict between the GRA and the Equality Act. The GRA needs to go.

In short, ask for a birth certificate for proof of sex. Don't ask to see a GRC.

Fat lot of use that is.

When you've arrested someone and they claim to be a woman, but look like a man, and they don't have their birth certificate on them, what are you going to do? Who carries their birth certificate on them? (Answer: possibly transexuals but no-one else)

The detainee has to be searched and either put in a male or female cell (ie a different wing of the building, supervised by a female). An instant decision is called for - will a male or female officer perform the search and care for the detainee?

What are you supposed to do? Take the detainee's word that they are female? Go ahead and search them using a male officer - and open yourself up to a civil action? Put them in a female cell with another woman, with all the attendant risks - and possibly a civil action brought by the woman?

Come on, EHRC. This isn't guidance. This isn't even helpful.

Exclusion of male-bodied transwomen needs to be the default position. (Even with a female birth certificate and a GRC)

I don’t see anything positive there at all

We need to be actively campaigning to repeal.

So the definition of gender reassignment now explicitly states changing from one sex to another? It used to say one gender to another. That's interesting.

Thank you Potatoes for all these posts.

gender recognition certificate - A certificate issued under the Gender Recognition Act to a transsexual person who seeks such a certificate

ALL THE FOLLOWInG removed . ( and has, or has had, gender dysphoria, has lived in the acquired gender throughout the preceding two years, and intends to continue to live in the acquired gender until death)

Looks like they are planning to get rid of GRC altogether. No conditions except to seek one.
No-one can "routinely" see it. Think Mordaunt will just recommend self ID and straight to birth certificate change . No questions asked. Questions are transphobic don't ya know?

Nothings about dysphoria in there, then. Just that you are issued one if you seek it.

I'll have to read it properly. Does it say against the whom the less favourable treatment is measured? i.e. Is it comparing males or females when considering MTF or FTM?

I don't think the changes are anything to celebrate. I am still baffled by the lack of consideration of other parties in this whole area of legislation and practice. Has the effect on others been considered and discounted or just not considered at all?

Very useful thread. I’m still in the process of working on my answers to the consultation and I will be working some of this information in somewhere. Thank you all.

Both birth certificates get changed. You get a short one free but have to pay the standard fee if you want a new long certificate (literal violence! ).

It's well worth reading the current guidance for applying for a GRC before responding to the consultation.

The problem is how amibiguous the wording is, it needs to be much more clear. An awful lot of businesses will err on the side of caution with all this anyway, it's too confusing for people and no one wants to get on the wrong side of trans people. No business wants the TRA effectively destroying their business on social media and god knows what else they'd do.

The amended birth certificates I've seen look like the replacement short form ones you get if have lost the original.

One old transsexual friend wasn't born in Britain so used his GRC prob more often than most.

It's saying "If you need to ascertain someone's sex e.g. for employment in a women's shelter, their birth certificate is enough. However much you might think they are a biological male, you are not to ask."

This is bad news.

It's not really news. It's been that way since the GRA came in and it was predicted in the debates at the time as a problem.

twitter.com/HairyLeggdHarpy/status/1049337934820904961

The difference is that up 'til now this has only been an issue when encountering one of

However when we campaign at least we can counter the TRA nonsense that changes to the GRA won't affect us.

Yep. At least the gaslighting "it's just admin," is clearly shown to be a flagrant lie now. Which women knew.

This is bad news.

I think how bad news depends on what happens with the GRA. If self ID goes through its very bad. However when we campaign at least we can counter the TRA nonsense that changes to the GRA won't affect us.

*as opposed to the physical sex they were born with

• as opposed to the sex recorded at birth*

At first this looks like a really minor change but I don't think it is. 'Sex' isn't described as physical any more, it's just admin - something that's 'recorded' not a property of your body

Yes Pencils. This is a very concerning change.
So you can't ask to see a GRC but just the new faked birth certificate. It should never have been possible to backdate documents. I was horrified in 2004 but never thought things could get this bad.

You've got no legal way of saying they are trans though, even if it's extremely obvious they are not female. If they say they are a woman and don't say they are trans and have a birth cert that says female, there's no legal way to ask.

It's saying "If you need to ascertain someone's sex e.g. for employment in a women's shelter, their birth certificate is enough. However much you might think they are a biological male, you are not to ask."

This is bad news.

I think it's becoming more and more obvious that the gender recognition act needs to be completely repealed as it is no longer fit for purpose.

It never was. A GRC is one thing. A changed birth certificate should never happen except in a case of genuine error.

That is confusing, deliberately I suspect.
Does anyone else think it's some sort of preparation for changes to the EA?

I suppose with things like pub toilets they are expecting everything will move to gender neutral mixed sex anyway.

Does this mean we have already lost the fight?

No it means that unlike in 2004 when they pushed the GRA through 'quietly' without anybody noticing, this time round we have our eyes open and can see clearly what is happening.

Fuck off.

Not on my watch

This.