Scottish Trans, the trans equality project of LGBTI equality and human rights charity the Equality Network, has welcomed that the Court of Session has today confirmed that the effect of possession of a Gender Recognition Certificate (GRC) remains unchanged from when the Gender Recognition Act 2004 was passed.
Issuing judgement, Lady Haldane wrote “I conclude that in this context, which is the meaning of sex for the purposes of the 2010 [Equality] Act, “sex” is not limited to biological or birth sex, but includes those in possession of a GRC obtained in accordance with the 2004 [Gender Recognition] Act stating their acquired gender, and thus their sex.”
Vic Valentine, Manager of Scottish Trans, said “We welcome this ruling, which confirms the position as we and many others have understood it to be for well over a decade, and upholds trans people’s existing rights. A trans person who receives a GRC might be discriminated against because of their recognised sex, and they would be protected from that discrimination by the Equality Act.
“It is important to add that this ruling does not affect the exceptions in the Equality Act which mean that single-sex services can exclude trans people or treat them less favourably where it is a proportionate means to a legitimate aim, although services are not required to do so. They can do that whether or not the trans person has a GRC. In short, the ruling confirms the status quo and the rights of women and trans people under it.”
