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Original poster

Can Goodwin be overturned?

29 replies

Mermoose · 23/04/2025 09:01

I know nothing about how the law works, so apologies if this is a stupid question. But I've heard it (from not unbiased sources) a few times that the Supreme Court ruling is in conflict with Goodwin vs UK. I believe it's unlikely that there will be a case at ECHR level about this but if there is - if a trans person seeks to be treated as the opposite sex in the UK and their case ends up in the ECHR - could Goodwin be overturned or superseded?

OP posts:
RoastOrMash · 23/04/2025 10:01

It's nicely ironic that his privacy case has become infamous as really bad law!

Thanks for asking this question, I am also interested. Really thankful that the SC have taken the teeth out of a GRA but I still don't like the legal fiction thing.

I guess if all the problems can be resolved then I don't mind so much the concept of GRAs apart from mild annoyance at legal lying; but the problems need fixing - criminal record checks, GMC male Dr impersonating female Dr and lack of informed consent for examination, data collection being buggered.

I have seen an interview with Michael Foran explaining why it would be a bad move to repeal the GRA but I didn't follow it properly.

JoanOgden · 23/04/2025 09:59

I don't think it is in conflict, because Goodwin was about changing sex on personal documents, pensions etc. That was resolved by the GRA, which is still in force.

Of course that leaves a rather confusing situation where a TW with a GRC can have a passport and updated birth cert that show female sex, but not be allowed into women's spaces. I'm sure there is more litigation to come on this.

Original poster
Mermoose · 23/04/2025 09:55

JellySaurus · 23/04/2025 09:36

Was that the case that resulted in the idiocy of the GRA?

Yes. As far as I know it was found that for a person who'd "transitioned" to have documents showing their actual sex was an infringement of privacy.

OP posts:
JellySaurus · 23/04/2025 09:36

Was that the case that resulted in the idiocy of the GRA?