24 April 2025

Back to Binary Basics

On April 16 2025, the UK Supreme Court delivered its decision on a fundamental question regarding the interpretation of the terms “sex” and “woman” under the Equality Act. The Court unanimously held that, under the Equaliy Act, the meaning of the word “woman” must be restricted to “biological” women, and does not include trans women, even those who have legally changed their gender under the Gender Recognition Act. The decision risks undermining the UK’s equality law framework and marks a troubling regression in gender rights. Continue reading >>
0
09 August 2024
,

Non-Binary Gender Markers in Italy?

In July, the Italian Constitutional Court recognised the existence of non-binary people for the first time in Italian history. Although the decision as such is a big step for queer rights in Italy, the Court stops halfway. In contrast to the German “Dritte Option” decision, the Court does not set clear instructions or deadlines for the Parliament. Italy’s current far-right political climate likely means non-binary gender markers will not be introduced by the Italian Parliament anytime soon. Continue reading >>
0
05 June 2024

Trans Rights and Gender Recognition before the CJEU

On May 7, 2024, the Advocate General of the CJEU issued his Opinion on the Mirin case concerning the right to Legal Gender Recognition (LGR) for transgender persons. Yet, the solution offered by the AG deviates from the Court’s previous case-law on LGR, by making it about free movement rather than protection against discrimination, or fundamental rights. It also places the applicant, and those in a similar position, in an administrative situation that is defeating the very purpose of LGR – an issue that the AG himself acknowledges. A more satisfactory and ambitious alternative would instead be to frame the LGR as protected under the EU Charter. Continue reading >>
Go to Top