As in, any "male" or "female" facility includes trans people in their preferred gender unless there is an explicit declaration otherwise posted.
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How would this apply in situations of sex segregation due to bodily privacy (e.g. Under Schedule 3, s27 6b) "The circumstances are such that a person of one sex might reasonably object to presence of a person of the opposite sex"? This says nothing about preferred gender
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s28 (not the historical one. though the coincidence is fun) has to be invoked to exclude any trans people, and I would add a requirement to state this explicitly and publicly.
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No it doesn't. S 26 & 27 allow services to be provided to persons of *one sex*. This will also exclude people who happen to have other protected characteristics in addition to sex, but they are not being excluded because of those *other* protected characteristics.
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Sex in this law is a legal, not a biological, category, and the GRA 2004 explicitly states that some people change legal sex. The ECHR Nicot case also requires this, with criteria more loose than GRA, so one way or the other reform will have to happen (with or without self-ID).
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Replying to @Nespresso821 @MForstater and
No. The law can not refer to sex without recognizing the legal change of sex that the GRA provides for. Especially since this particular law was written when the GRA was well established.
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Replying to @Nespresso821 @ramendik and
I know. It makes no sense. Take S27.2 The condition"that only persons of that sex have need of the service", for which the eg. given is cervical screening. It makes no sense to interpret this as 'legal sex' since some legal (trans)men need cervical screening & TW w a GRC do not
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And people who interpret them Fiona. Here Baroness Hale in House of Lords ruling, seems to assume that no TW are sexually attracted to women; as a reason for thinking about whether it might be rational for a woman to object to intimate care by a TW... http://www.pfc.org.uk/caselaw/A-v-West%20Yorkshire%20Police%20House%20of%20Lords%20Ruling.pdf …pic.twitter.com/N1fXvHeT3g
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