This article considers and rejects claims reform of the Gender Recognition Act 2004 (GRA) to allow gender selfâdeclaration will undermine nonâtrans women's rights and lead to an increase in harms to nonâtrans women. The article argues that these claims are founded on a mistaken understanding of the proper legal relationship between the GRA and the Equality Act 2010 (EA), and that the harm claim, in any event, lacks a proper evidential basis.
The article considers three legal arguments made by gender critical feminists: that sexâbased exceptions under the EA cannot be invoked against trans women with a Gender Recognition Certificate (GRC), that the appropriate legal comparator for a trans woman non GRCâholder in a discrimination case is a nonâtrans man, and that section 22 of the GRA, which protects the privacy of GRCâholders, undermines the ability of women's organisations to regulate access to womenâonly spaces.
TERFs stay losing đ