Just to go over the history of how women only was made by Labour's EA to be able to mean biological women and trans women as well as only biological women. Never forget this was the aim of Labour.
As written and interpreted women only could mean women and trans women, and where "proportionate" only biological women. This was because practitioners and later courts accepted that men with a GRC were "Legal Women". (*)
Most people suspect that this was a trojan horse because in the future Labour would change the protected characteristic of gender reassignment to be not a medical route but just self id.
The Surpeme Court in ruling that the word woman in the EA can only refer to a biological female,which under mines the verbal trickery that those who drafted the EA thought they had got away with.
And is why the only people directly impacted by the Court ruling are those with a GRC. (less than 10,000)
But what nobody, including the WEC yesterday want to talk about is all those who were taken in, encouraged by Stonewall to think that self identifying, being gender fluid were part of the very limited number of people covered by the protected characteristic of gender reassignment.
--
(*) One of the problems with the way the EA was worded meant when advertising jobs etc., instead of being able to say in day to day words eg only biological women you had to quote the relevant section of the EA. I think but dont take this as absolute fact that you could either say:
-
Exempt under the Equality Act 2010, Schedule 9, and Part 1. Section 7(2) e of the Sex Discrimination Act 1975.
-
Exempt under the Equality Act 2010, Schedule 9.
1 = biological women only
2 = biological women and trans women
So 2 can no longer be used because the Supreme Court ruling has said woman is about biological sex and it was discriminatory against the protected characteristic of sex. No other protected characteristic can have its intregal fact appropriated by someone with a certificate.
But leaving aside those who went out of the way to say TWAW (ERCC etc.) it is hardly surprising some got it wrong. ie the law was badly written (some might say deliberately, I couldn't possibly comment).
And why Kemi Badenoch asked the EHRC to write something more user friendly to explain the contradiction.
This led to the EHRC basically saying the impact of the GRA on the EA meant this couldn't be done logically so it should be disapplied! I think this as much as the later Interim Guidelines is what has made Labour TRAs so angry with her. Because she summarised, made clear, Labour's original duplicitous intention to undermine the meaning of the word sex. (Thanks to the teaching of queer politics in universities etc..)