I sort of see their point on this. I don’t think the Supreme Court Ruling changed anything legally regarding police search policies.
The law has always been clear even under the previous, incorrect, interpretation of the equality act that a single sex exemption could be used to exclude trans officers from searching someone who wasn’t the same biological sex. The polices’ choice to prioritise trans officers’ desires over dignity and common sense was a clear “fuck you” to women.
The Supreme Court ruling was clear. But one of the things it was clear about was that it was limited to the use of “man” and “woman” in the Equality Act.
The powers for police to strip search and the requirement for same sex officers to do the search do not stem from the Equality Act, they stems from PACE. PACE has a statutory instrument that includes direction for which sex officer should search a trans person. This state, basically, that for the purposes of sex the officer searching a trans detainee should be chosen according to the trans person’s certificated sex. But it does not make any mention of how a trans officer should be categorized for these purposes. So the GRC changing sex for all legal purposes bit could well be considered to apply.
This leaves forces with only the single sex exemption to rely on in order to legally exclude trans officers. And they could have applied that in the past as easily as they can today.
I’m not suggesting here that the police are right to have a policy that allows trans identified officers to search someone of the opposite sex. I think an indirect discrimination claim could win against them. Just pointing out that I don’t think the Supreme Court ruling materially changed the understanding of the laws that apply.
Edited for spag.