Human Rights Demand that the GRA is Not applied to the EA – (EHRC?)

[IwantToRetire]

“ … The problems in the operation of the Equality Act could be fixed by Parliament expressly disapplying the Gender Recognition Act from the Equality Act.

A GRC changes a person’s sex for the purposes of the Equality Act, but it would be better for human rights and for the comprehensibility and operation of the law if it didn’t. … “

See https://sex-matters.org/posts/updates/for-women-scotland-judgment-to-be-handed-down-next-week/

Nice simple summary. Thanks.

Yes I found it very useful.

And was really pleased to see about the comments from the EHRC who have so clearly laid out the core of the problem.

I assume they’ve published this because they are anticipating a negative ruling?

Not at all.

If you read their entire statement I think they have done a really good job in explaining the limited options open to the court who are confined by the law as written by Parliament.

I started this thread because the points made by the EHRC are for me the core of the problem.

The law as written is discriminatory.

Parliament needs to be lobbyed to do this.

Not hope that by some abstract court case the law might be ammended.

The EHRC seems to be the only ones bold enough to say it is the law itself as written that is the problem.

I am sure a well mounted campaign would be far cheaper that all the thousands that have gone in legal costs todate with no guarantee it will resolve anything.

As Sex Matters points out, the Court could just go, yes this law is badly written and leads to confusion. And thousands of ££s and years later we are no further forward.

Good to know others don’t see it with the same spin as me!

The problem is a law deliberately based on a lie. Politicians force us down a dangerous path when they order us to pretend to believe something we know is impossible. Of course it leads to all kinds of complications. How could it not?

“ … The problems in the operation of the Equality Act could be fixed by Parliament expressly disapplying the Gender Recognition Act from the Equality Act.“

This is an interesting idea, but if the actions of the GRA make the EA unworkable, then simply disapplying its effects from that one act leaves us with the potential for it creating problems in other areas. What is really highlighted here is that the GRA in itself is problematic.

That’s no surprise to any of us here, of course.

The outcome of this case will be very interesting. I imagine the suggestion of disapplying the GRA from the EA would create a huge angry response from all those who have spent so much time with their campaign to muddy the waters and ensure the EA was applied incorrectly all this time.

Am I correct that Labour brought in the GRA and have said that they are proud of it and aim to make getting a GRC easier to obtain? How likely is this to happen? Have Labour changed their mind? Could they? (Noting that Lisa Nandy has changed her mind this week about abolishing the Royal Family I wonder whether public U turns are possible in this, not feeling any are imminent).

The EHRC is doing some bold stuff atm - which I applaud - but Baroness Kishwer Falkner has her appointment extended until end of Dec 2025. That makes he somewhat worried. Any chance to make her such a popular figure that she (and her good work) cannot be easily swept away?

I think as others have said the real problem is the GRA.

No other act was allowed to underming the purpose and intent of the EA.

And in doing that the law was used by Labour, and all those who nodded it through, to effectively make what is little more than social engineering, a legal obligation on society.

I think this is where even if the Court says yes, clarify that sex in the EA is about biology, there would then be any number of amendments, just like the SSE but the other way round to say all the way that TW with a GRC must be taken as though they were biologically female.

In other words, undermine the court decision.

Although to be positive, maybe it would be the first step to repealing the GRA!

I welcome a proposal and agree the GRA is the issue and should be repealed.

Not sure Labour will want to work against something they created.

What other legislation is the GRA relevant to?