NicolaSturgeonsSOGIbottom · Today 02:24
It makes me dizzy too! The GRA was an utterly bonkers bit of law making.
here’s the Guardian report on the decision in the F McC judicial review:
https://www.theguardian.com/society/2019/sep/25/transgender-man-loses-court-battle-to-be-registered-as-father-freddy-mcconnell
Thank you, NicolaSturgeons
Re the judge’s comment:
“It is now medically and legally possible for an individual, whose gender is recognised in law as male, to become pregnant and give birth to their child. Whilst that person’s gender is ‘male’, their parental status, which derives from their biological role in giving birth, is that of ‘mother’.”
To me,
’biological role’ = ‘mother’
means
’biological role’ = ‘sex’ [of the type with female gametes]
So sex in the EA (as there is no legal fiction entailed) would surely be biological.
Here in this judgement the judge is showing that sex trumps gender.
So shouldn’t Lady Haldane be wrong?
On a separate point,
This sentence by the judge is misleading (my bold):
“It is now medically and legally possible for an individual, whose gender is recognised in law as male, to become pregnant and give birth to their child.”
“It is now medically ..possible” suggests there has been an innovation in medicine making this possible.
No, there has not been any advance in medicine to make this possible.
This pregnancy and birth is only possible because the pregnant female human animal, with the legal gender of human ‘male’, is in fact still biologically a human female just as they always were.