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.
The good news:
This case was fought by the Scottish government, which could now introduce primary legislation in Holyrood to reverse the effect of the decision in Scotland. I expect there would be another fight over this: ‘Equal opportunities’ is, with some exceptions, a Reserved Matter in the Scotland Act 1998. They may well be able to get this in under an exception.
Trans people in England and Wales and NI could not benefit from this, though.
We’ll see how the Scottish govt plays this now.
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