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Feminism: Sex and gender discussions

Should the UK have a simple, clear legal definition of sex, male and female?

83 replies

SingleSexSpacesInSchools · 30/05/2026 22:09

To follow on from https://www.mumsnet.com/talk/womensrights/5533120-5533120-should-the-gender-recognition-act-be-repealed?page=6&reply=152596360 where 96% of voters said the Gender Recognition Act should be repealed

However, repealing the GRA alone could leave a legal gap. The GRA is not the only source of confusion. Some of the problem comes from older case law too.
There is already case law with the phrase "woman for all practical purposes" in it. This comes from a 2004 House of Lords case involving a transsexual police applicant. The applicant was male, had undergone surgery, and wanted to be treated as female for the purposes of police work. The issue was whether that male could be excluded from the job because police officers sometimes had to carry out same-sex searches. Before the GRA, the court decided that a post-operative transsexual person could be treated as their acquired gender for some practical purposes, including same-sex searches.

That is exactly the kind of ambiguity that needs fixing. Parliament should not simply repeal the GRA and leave older “practical purposes” arguments sitting there as the fallback position.

Whether the GRA is repealed, amended or left in place, we need legislation that clearly and unequivocally states the legal definition of sex, male and female.

The legal definition should say something like:

  • for the purposes of any Act, statutory instrument, public function, policy, data collection, sex-based rule, sex-based exception, sex-based service or sex-based protection, sex means biological sex in human beings, being male or female
  • male means a person whose body developed along the male pathway, organised around the production of small motile gametes, sperm
  • female means a person whose body developed along the female pathway, organised around the production of large immobile gametes, ova
  • man and boy mean male
  • woman and girl mean female
  • sex is observed and recorded at birth, not assigned; a birth record may be corrected where there has been a genuine recording error, but sex is not created by paperwork
  • actual fertility is not required; a person does not stop being male or female because of age, infertility, miscarriage, menopause, hysterectomy, vasectomy, injury, difference or disorder of sex development, medical treatment or surgery
  • people with DSDs are still male or female; DSDs are variations in the development of male or female bodies, not a third sex, and people with DSDs should always be treated with dignity, privacy and respect
  • sex is not determined by chromosomes alone, hormone levels, height, strength, appearance, clothing, hairstyle, voice, breast size, genital appearance, personality, social role, stereotypes, brain claims, feelings, belief or identity
  • sex is not changed by a Gender Recognition Certificate, passport, driving licence, NHS record, deed poll, self-identification, social transition, hormones, puberty blockers, cross-sex hormones, surgery, certificate, document, administrative record, or any other document or procedure
  • non-human examples, such as clownfish or plants, do not alter the legal definition of sex in human beings
  • gender reassignment remains a separate protected characteristic
  • trans people remain protected from discrimination, harassment and victimisation under the Equality Act; this is about defining sex clearly, not removing ordinary legal protections from trans people

This would not stop anyone living as they wish. It would not remove ordinary protections against discrimination, which should always remain. It would simply stop the state and public bodies from treating sex as a paperwork exercise.
Sex is real, binary and immutable. Most of the time, sex does not matter. But in the contexts where it does matter, it matters profoundly: safeguarding, privacy, dignity, data, sport, prisons, healthcare and single-sex services.

A proper legal definition would cut through years of ideological confusion and make the law clear again.

OP posts:
5128gap · 31/05/2026 11:12

No. You are making an error in thinking that if sex were defined in detail it would be defined as per your specifications. The last thing we need is to open up the idea that sex is something insufficiency well understood it needs a new definition of any sort.
We know what it means. If people want to argue it means something different the onus is on them to prove their case.

SingleSexSpacesInSchools · 31/05/2026 11:11

MyAmpleSheep · 31/05/2026 11:09

If you’re asking whether there should be a statutory definition (which we don’t have) vs a legal definition, what your opening post asks about - which we already do have, then no.

We have had a Dangerous Dogs Act since 1991. If decades later we legally classify certain cats as dogs then it radically and retroactively changes the perceived intentions of Parliament when in 1991 it passed that law. And there is no way that politicians will be able to avoid changing the legal meaning sex as it stands.

Edited

This could well be where my complete lack of legal knowledge falls down - maybe I am talking about a statutory definition?

Can you expand a bit more?

OP posts:
SingleSexSpacesInSchools · 31/05/2026 11:10

"Yes but we already have this definition in law"

Yes things are much better post FWS Supreme Court

But - if we truly already had a clear, unarguable definition, we would not keep ending up in court over whether male people can sometimes be treated as female in law.

A definition that needs repeated litigation, Supreme Court clarification, EHRC guidance, workplace tribunals and public bodies being dragged back into line is not clear enough in practice surely?

The law has left enough gaps, contradictions and paperwork loopholes for institutions to pretend they do not know.

OP posts:
MyAmpleSheep · 31/05/2026 11:09

If you’re asking whether there should be a statutory definition (which we don’t have) vs a legal definition, what your opening post asks about - which we already do have, then no.

We have had a Dangerous Dogs Act since 1991. If decades later we legally classify certain cats as dogs then it radically and retroactively changes the perceived intentions of Parliament when in 1991 it passed that law. And there is no way that politicians will be able to avoid changing the legal meaning sex as it stands.

OpheliaWitchoftheWoods · 31/05/2026 11:07

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

SingleSexSpacesInSchools · 31/05/2026 11:01

"Everybody Knows"

I know

you know

But that is not enough when institutions, HR departments, hospitals, schools, prisons and even tribunals are still having to argue about it.

The Sandie Peggie / Beth Upton tribunal is a good example. Dr Upton gave evidence along the lines that because Upton was biological and identified as female, Upton was therefore “biologically female”. The tribunal did not accept that. It said Upton’s sex for the purposes of the Equality Act was male, and that sex under the Act is biological, binary and immutable.

But the fact that this argument could be made at all, in a serious employment tribunal, shows the problem.

We also had the tribunal discussing things like appearance, transition, “physiological attributes of sex”, whether those attributes had changed, and whether a male person could be allowed to use a female changing room depending on the circumstances.

People know what sex is. The issue is that public bodies have been allowed to behave as if they do not, or as if paperwork, presentation, hormones, surgery, HR policy or “being kind” can somehow change it.

Thats why we need a definition, even though we all know. People aren't confused (generally), institutions keep pretending to be confused.

OP posts:
lcakethereforeIam · 31/05/2026 10:43

I think there should be a law to make it an offence to lie about your biological sex if asked to disclose it by any authorised person and to lie about your biological sex to anyone if asked to disclose it if providing or receiving any intimate service.

The devil would obviously be in the detail.

OpheliaWitchoftheWoods · 31/05/2026 10:37

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

Shedmistress · 31/05/2026 08:36

DBS needs sorting too.

theilltemperedamateur · 31/05/2026 08:27

I agree with PPs that we already have a definition of sex, from Corbett v Corbett.

It's what's on your original birth certificate. Case law such as W v W has given us robust guidance on what retroactive changes the Registrar can make in case of a DSD.

It would be useful to confirm that every reference to sex in law means this. I believe this will follow logically from R on app. GLP et al v EHRC, where Swift J elegantly demonstrated that a sex-relevant instrument that lies outwith EA2010 by virtue of Schedule 22 must have the same meaning for sex as EA2010 does.

ID needs sorting.

Shedmistress · 31/05/2026 08:15

I think the UK should have one and now it does with the Supreme Court Ruling.

In each instance where people want rights outside of that, for example the man who says he is a woman and not getting a job because that role will involve the rights of women to same sex treatment not being met, then that is clearly a good reason to not get that job. We need to go back to the original reasons why single sex treatment or spaces and if there is good reason, that reason needs to stand.

SexRealistic · 31/05/2026 08:04

Igmum · 30/05/2026 22:32

Yes but we already do (from the EqA2010 supported by the Supreme Court).

In Croft (not the Police case - Royal Mail I think) there were some obiter (aside/in passing) comments from the judge that a TW might get to a point in transition when he could use the ladies but that isn’t what happened in Croft and when the GRA was brought in they chose not to differentiate between different points of/actions to transition and the EqA2010 followed the GRA’s lead.

So we do have sex very clearly defined in law. Many TRAs might wish it weren’t, or were defined differently, but it’s still there.

(Note, IANAL so don’t take this as gospel)

For NAL nice analysis.

Everyone knows what the words means.

Tthe illegality of the trans movement alleged to change terms. But did not.

Any legislative change would be dangerous. It opens the door to the unknown.

Also you’ve ignored NI, how EU sits and how any significant change can be challenged.

We know what’s what, people will get in line.

The trans delusion will wane.

You’ll be left with the odd old man prancing around in a skirt.

There will be a wave of now teens suing in next 10 years when they realise drugs have rendered them asexual or surgery has rendered them infertile.

MyThreeWords · 31/05/2026 07:48

I think that passing a new law with an explicit definition of sex is unnecessary. The case law seems to be adequate, now that we have the SC judgement. And any remaining legal pushing and shoving around the issue just reflects a real set of social tensions. It isn't the business of Parliament to erase social division by pre-empting any remaining skirmishes in court.

It also isn't the business of Parliament to state material reality as extensively as suggested in the OP. That would seem authoritarian, and might even place some legitimate researchers in the same situation that Galileo found himself in. After all, scientific definitions are meant to be open to testing and revision. As obviously true as the components of the OP's definition are, it isn't right to take them away from science and give them to the law.

I think that in the US there have been some instances of legal overreach, such as defining sex and creating criminal offences relating to wrong toilet use? When unnecessary laws like this are passed, it seems ideological and persecutory. It would create some basis in truth for the TRA claims of being victimised.

LlynTegid · 31/05/2026 07:47

I think the Supreme Court judgment settles the matter. As it should have been years ago, which would have saved a lot of heartache.

Wearenotborg · 31/05/2026 07:45

WallaceinAnderland · 30/05/2026 22:53

We don't need any more discussion about this. Male and female humans have existed forever. We know what those terms mean. We need to move on, not have inarguable statements, which will be argued over anyway.

Get over it.

But you have males claiming to be female. Are you saying they are just batshit and deluded?

GCAcademic · 31/05/2026 07:22

SingleSexSpacesInSchools · 31/05/2026 00:11

I mean I don’t disagree. Clearly. But the fact people keep arguing about it means we clearly DO lack a shared definition?

They are not arguing in good faith. Playing chess with pigeons springs to mind.

Taztoy · 31/05/2026 07:19

I agree with @MyAmpleSheep we already have law. And it’s good and makes sense. The problem is that some individuals dont accept that, and that will still be the case regardless.

CotswoldsCamilla · 31/05/2026 00:30

SingleSexSpacesInSchools · 31/05/2026 00:11

I mean I don’t disagree. Clearly. But the fact people keep arguing about it means we clearly DO lack a shared definition?

For some folks, there’ll never be a shared definition unless it includes men. And for the rest, the definition is pretty clear.

MyAmpleSheep · 31/05/2026 00:28

SingleSexSpacesInSchools · 31/05/2026 00:12

I don’t disagree with the material reality.

but in law. Things are very very different and it

keeps
getting
Argued
about

so let’s define it?

Edited

But it is defined. In law. It was defined in Corbett v Corbett. It has been defined in law since 1970.

It's only argued about by people who are ignorant of the fact that it has already been defined. That's a problem of ignorance, nothing else.

Do I think the definition needs to be more widely known, especially by those people who think it hasn't been defined? Definitely. Does it need defining? No. It's already defined, and it's a very good definition.

WallaceinAnderland · 31/05/2026 00:27

SingleSexSpacesInSchools · 31/05/2026 00:11

I mean I don’t disagree. Clearly. But the fact people keep arguing about it means we clearly DO lack a shared definition?

The people that keep arguing are those that just refuse to accept any definition that separates males from females, no matter how you define them.

okroger · 31/05/2026 00:19

@SingleSexSpacesInSchoolshow??

SingleSexSpacesInSchools · 31/05/2026 00:18

okroger · 31/05/2026 00:15

How is this still being discussed?
There’s male and female. That is it.

Look I don’t disagree. But it seems the law disagrees quite a lot.

OP posts:
okroger · 31/05/2026 00:15

How is this still being discussed?
There’s male and female. That is it.

SingleSexSpacesInSchools · 31/05/2026 00:12

MyAmpleSheep · 30/05/2026 23:31

We already have a clear definition of sex in law. It was decided in Corbett vs. Corbett, in 1970, when Mr. Justice Roger Ormrod (later Lord Justice Ormrod) said that sex is determined by a combination of three things - gonads, chromosomes and genitals, as they exist at birth, when those things are congruent. Where those three things are not congruent and there is doubt a court will make a decision based on medical advice.

That seems perfectly watertight and beyond argument.

We don't need any new laws to weigh in. It's already established.

I don’t disagree with the material reality.

but in law. Things are very very different and it

keeps
getting
Argued
about

so let’s define it?

OP posts:
SingleSexSpacesInSchools · 31/05/2026 00:11

WallaceinAnderland · 30/05/2026 22:53

We don't need any more discussion about this. Male and female humans have existed forever. We know what those terms mean. We need to move on, not have inarguable statements, which will be argued over anyway.

Get over it.

I mean I don’t disagree. Clearly. But the fact people keep arguing about it means we clearly DO lack a shared definition?

OP posts:
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