The two fundamental planks of today’s decision are:

1. the Gender Recognition Act 2004 did not change the meaning of ‘man’ and ‘woman’ in the Sex Discrimination Act 1975, although the relevant section of the GRA on its face did not contain any limitation on the application of a certificate in determining who is a ‘man’ and who a ‘woman’

2. the Equality Act 2010 inherited from the SDA 1975 this definition wholesale, since its purpose was to consolidate existing law

I think both of these are wrong individually – in using the long title of the EA 2010 to ascertain its purpose, it appears to have ignored the potential effect of the word ‘reform’ in ‘harmonise and reform’ – but this is now the law.

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