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NI commission seeks legal clarity on US Supreme Court gender ruling

Geraldine McGahey said the commission wants to create a robust framework for guidance
Geraldine McGahey said the commission wants to create a robust framework for guidance

Northern Ireland's Equality Commission is to go to the courts seeking legal clarity on the implications of a recent UK Supreme Court decision on the legal definition of a woman.

The Supreme Court ruled in April that a person's sex for the purposes of the Equality Act 2010 is biological sex.

The act for the most part does not apply in Northern Ireland, which has its own equality legislation.

But the Equality Commission is working up new guidance for employers, public authorities and service providers.

It says its view is that the judgment will be "highly persuasive" in Northern Ireland courts and tribunals in certain respects.

However, it said that "significant legal uncertainties" remain.

Most importantly it said the Supreme Court judgment did not consider the Windsor Framework, which ensures no diminution of rights for people in Northern Ireland due to Brexit.

The commission said it intended to apply to the Belfast High Court for legal certainty on whether the Windsor Framework protections do in fact apply.

After that judgment is given the commission said it would bring forward final guidance.

It said that process could take up to a year.

In the meantime it said it would continue to work with employers and public authorities to address any issues that might arise.

"Ultimately, maximising legal certainty and transparency is at the heart of our strategy," said Chief Commissioner Geraldine McGahey.

"We aim to create a robust framework for offering guidance, rather than being subject numerous legal uncertainties that may be contested in the courts over the coming years a potentially create cost to the public purse.

"By adopting this approach we hope to avoid the toxicity which has sometimes characterised the debate around how to balance the rights of biological women and transgender women by creating a space for debate and adjudication by the courts."