Bostock v Clayton County

US Supreme Court, 590 US_ (2020)

As Europeans, it is easy for us to assume that we have nothing to learn from the USA when it comes to anti-discrimination law. Surely a legal system which tolerated de jure racial segregation until 1965, and which was still prosecuting gay men in the 1990s, has nothing to teach the nations of Europe, with their well-established and comprehensive codes of equality laws? Well, perhaps. Continue reading

R (McConnell & Anor) v Registrar General for England and Wales

[2020] EWCA Civ 559, [2020] 2 All ER 813, Lord Burnett CJ, Singh and King LJJ

Case

The effect of a certificate issued under the Gender Recognition Act 2004 is (s9) that the recipient “becomes for all purposes the acquired gender”. The question which arose for the Court of Appeal in the McConnell case was whether this recognition entitled the appellant, who became pregnant and gave birth to a child after having acquired male gender under the 2004 Act, to be listed on the child’s birth certificate as its father. Continue reading