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Feminism: Sex and gender discussions

How is 'gender reassignment' defined in the EA?

9 replies

QuimReaper · 07/01/2021 21:53

Does it refer to only individuals with a GRC?

OP posts:
DontBuyANewMumCashmere · 07/01/2021 21:56

No! Of the top of my head it includes anyone undergoing or preparing to undergo gender reassignment which does not just mean medical or surgical intervention.

Basically anyone who says they're trans.

DontBuyANewMumCashmere · 07/01/2021 21:59

"A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex."

www.legislation.gov.uk/ukpga/2010/15/section/7

Ereshkigalangcleg · 07/01/2021 22:00

That's right.

gardenbird48 · 07/01/2021 22:15

but it doesn't confer the rights of the 'acquired sex' on the person undergoing 'gender reassignment' - the comparator for a mtf transgender person when considering discrimination should be a male person.

It is just protection against discrimination (employment, bullying etc) for undergoing that process afaik. Although the waters seem to have been deliberately muddied by the EHRC etc giving out incorrect advice.

Feminist Current has blog posts on this which are helpful.

QuimReaper · 07/01/2021 22:41

Thank you guys! I'll check out that blog post.

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Ereshkigalangcleg · 07/01/2021 23:26

Yes, gardenbird is correct and Feminist Current is always a good read.

ChattyLion · 08/01/2021 00:43

The explanatory notes also give examples:
www.legislation.gov.uk/ukpga/2010/15/notes/division/3/2/1/4

NonnyMouse1337 · 08/01/2021 00:45

Legal Feminist have lots of good articles too.

This one might be of interest to you -

legalfeminist.org.uk/2020/07/17/does-the-law-say-that-trans-women-are-women/

UppityPuppity · 08/01/2021 07:23

Good question and good links provided.

Complete conflation of the law - you cannot exclude a trans man - biological woman - from women’s single sex spaces - hospital wards, prisons etc as that would be discrimination based on gender reassignment, but you can a trans woman - biological men - as it is based on sex. Hence single sex exemptions.

Note T**fs don’t and have never sought the exclusion of trans men - only biological males - irrespective of how they identify.

Stonewall law pervades the institutions and ignores this.

Might be worth remembering but original references were to transexuals - now everyone things it includes everyone under the very wide Stonewall umbrella.

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