jennifer james and her 'legal advisers' have been made very clear they don't have a leg to stand on.
Well no, what's happened is Labour's 'legal advisers' have responded to a pre-action-protocol letter with a strange justification of why they imagine they are not breaking the law.
I'm not going to share the leaked letter because it shouldn't have been leaked in the first place. I've read it though, and their justification appears to hinge on two things:
One is the definition of gender reassignment and the bit that says for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.
They are arguing that therefore any tw, grc or not, is kind of a bit like an actual woman because look! It says sex!
This is exactly what I mean when I say sex as a protected characteristic will no longer have any meaning.
The other argument they are using is that s104 doesn't specifically say that all members of an AWS must be women, just that you can only have a single protected characteristic shortlist if the PC is sex, and it's therefore fine to include some other people with any PC if they are underrepresented.
So by that logic we could have 'all women plus a few black men' shortlists, or 'all women plus some gay men' shortlists etc. I've no objection to reserved spaces on shortlists for male trans people, BAME men, gay men, disabled men whatever, but not at the expense of another underrepresented group - not on AWS. Let the men budge up.
And they're using both of these arguments at the same time. This is not 'very clear', this is a fudge. What is very clear is that they don't have a strong argument and so are using two weak ones instead which do nothing to support each other.