91: The question is whether the Tribunal was correct to consider that the existence of a GRC means that the Claimant is not entitled in any circumstances to refer to a trans woman holding such a certificate as a man.
94: there is nothing in the Act that requires a person acting in any private capacity to refer to a person’s UKEAT/0105/20/JOJ -46- A B C D E F G H acquired gender or to refrain from referring to a person’s gender before it became the acquired gender.
97: Although s. 9, GRA refers to a person becoming “for all purposes” the acquired gender, it is clear from these references in decisions of the House of Lords and the Court of Appeal, that this means for all “legal purposes”. That the effect of s.9, GRA is not to erase memories of a person’s gender before the acquired gender or to impose recognition of the acquired gender in private, non-legal contexts is confirmed by the comments of Baroness Hale in R (C) v Secretary of State for Work and Pensions [2017] 1 WLR 4127 (SC).
99: The effect of a GRC, whilst broad as a matter of law, does not mean that a person who, like the Claimant, continues to believe that a trans woman with a GRC is still a man, is necessarily in breach of the GRA by doing so; the GRA does not compel a person to believe something that they do not
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