I've been wondering if the 'sex=biological sex' definition is really only restricted to the Equality Act - I know that's all the SC was ruling on, but I wonder how permeable the law is around definitions.
To me, it would make sense that if 'sex=biological sex' in one law, it must mean the same thing in any other law. But I know the law is more complicated than just making sense to li'l ol' IANAL me
How significant is this extract from BC's analysis?
16. The position at common law is that sex is binary, biological and fixed at birth (Chief Constable of West Yorkshire Police v A (No 2) [2005] 1 AC 51, HL, §3 per Lord Bingham, §19 per Lord Rodger, §30 per Baroness Hale; Forstater v CGD Europe [2022] ICR 1, EAT, §114 per Choudhury J).
[my emphasis]
This reads to me as 'sex=biological sex in common law', but I don't understand UK (or any other for that matter!) law so I don't know if I'm reading too much into it.
Can any legal experts clarify the 'permeability' of definitions across different laws, please?