I can hardly believe what I have just read on another forum.
OP - Correct me if I've got this wrong, but isn't biological sex something different to the gender you were assigned at birth? Have I got this right? If I have, isn't it the case that a trans person could understand their gender identity as being their biological sex, and could therefore use the services that correspond to that whilst still being in-keeping with the wording of the EHRC guidance?
Responses:
- Yes, you're right - sex assigned at birth and biological sex are different things.
- The Supreme Court judgement, however, creates its own definition not based on any scientific classification. According to the ruling, "biological sex" simply means "sex of a person at birth." They make no further attempt to describe what sex at birth actually means.
- Applied to humans, the term "biological sex" is meaningless except as a generalisation. It excludes all sorts of human bodies.
- You've got this exactly right actually, biological sex is not as simple as what the doctors decided you were when you were born.
- It's a term with no definition or bounds.
- “Biological sex” isn’t a scientific term, it is a buzzword anti-trans groups like to use to describe birth sex. They also claim it’s binary and can’t change, which is reductive and just factually wrong.
- Sex is just as much of a construct as gender.
- What's on your birth certificate isn't evidence of your biological sex. It's a record of a doctor taking a look see at your genitals at birth and making a declaration.