Tag: Gender recognition
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Michael Foran: Human Rights, Gender Recognition and Single-Sex Spaces
In For Women Scotland v The Scottish Ministers, the Supreme Court held that references to ‘sex’ in the Equality Act 2010 pertained to biological sex. In doing so, it affirmed the default common law position, first explicitly stated in Corbett v Corbett and later upheld in Bellinger v Bellinger, that sex means biological sex unless legislation otherwise dictates. The Gender…
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Thomas Horsley: Managing the External Effects of Devolved Legislation: Virtual Representation, Self-Rule and the UK’s Territorial Constitution
The Scottish Government is presently seeking judicial review of the UK Government’s decision to block Royal Assent for the Gender Recognition Reform (Scotland) Bill (GRRB) using s.35 of the Scotland Act 1998 (SA). The Court of Session’s decision, which may yet end up before the UK Supreme Court on appeal, is eagerly awaited, not least given the electricity of…
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Tarunabh Khaitan: NALSA v Union of India: What Courts Say, What Courts Do
The Indian Supreme Court has recently delivered an important judgment in the case of National Legal Services Authority v Union of India (NALSA). A two-judge bench comprising Justices Radhakrishnan and Sikri declared, among other things, that hijras (a traditional Indian male-to-female trans group) must be treated as a ‘third gender’ for all legal purposes, and…