My black cat getting cuddles from me

Just my cat

Accordingly, a person with same sex orientation as a lesbian must be a female who is sexually oriented towards (or attracted to) females, and lesbians as a group are females who share the characteristic of being sexually oriented to females. This is coherent and understandable on a biological understanding of sex. On the other hand, if a GRC under section 9(1) of the GRA 2004 were to alter the meaning of sex under the EA 2010, it would mean that a trans woman (a biological male) with a GRC (so legally female) who remains sexually oriented to other females would become a same sex attracted female, in other words, a lesbian. The concept of sexual orientation towards members of a particular sex in section 12 is rendered meaningless. It would also affect the composition of the groups who share the same sexual orientation (because a trans woman with a GRC and a sexual orientation towards women would fall to be treated as a lesbian) in a similar way as described above in relation to women and girls.

(2) Freedom of association for lesbians and gay men: If sex means legal sex, then sexual orientation changes on acquiring a GRC: some trans women with a GRC become legally lesbian, and some trans men with a GRC become gay men. As things stand a lesbian support group (for instance) may have to admit a trans woman with a GRC attracted to women without a GRC or to trans women who had obtained a GRC. On the biological definition it could restrict membership to biological women.

Thus, as well as the inevitable loss of autonomy and dignity for lesbians such an approach would carry with it, it would also have practical implications for lesbians across several areas of their lives (as described by Ms Monaghan KC in her written case for the second interveners). Of particular significance is the impact it would have for lesbian clubs and associations governed by Part 7 of the EA 2010, including relatively small associations (they must have at least 25 members and admission must be regulated by the association’s rules and involve a process of selection). Part 7 of the EA 2010 prohibits discrimination, harassment and victimisation against applicants for membership, members and their guests, of clubs and associations: sections 101 and 102 of the EA 2010. However, Schedule 16 paragraph 1 allows an association to restrict membership, access to benefits, services and facilities, and access to guests to “persons who share a protected characteristic”. In other words, clubs and associations can restrict membership and access to women or to same sex attracted people without contravening sections 101 and 102 of the EA 2010. But there is no exception permitting the exclusion of trans women (biological men) with a GRC (so legally female). Accordingly, if a GRC changes a person’s sex for the purposes of the EA 2010, a women-only club or a club reserved for lesbians would have to admit trans women with a GRC (legal females who are biologically male and attracted to women). Evidence referred to by the second interveners suggests that this is having a chilling effect on lesbians who are no longer using lesbian-only spaces because of the presence of trans women (ie biological men who live in the female gender).

The UK Supreme Court has defined the legal meaning of lesbian as “AFAB loving another AFAB”, since when are straight judges (3 men and 2 women) allowed to decide things on behalf of lesbians?