The present difficulty in British equality law is structural. Once section 7 Equality Act 2010, section 9 Gender Recognition Act 2004, the Supreme Court’s reasoning in For Women Scotland, and the EHRC’s draft Code of Practice are read together, the scheme no longer appears to hold its own concepts in a stable relationship. The language remains familiar. The legal function of that language is less clear. The older statutory architecture was imperfect, but it was at least intelligible. Section...

The present difficulty in British equality law is structural. Once section 7 Equality Act 2010, section 9 Gender Recognition Act 2004, the Supreme Court’s reasoning in For Women Scotland, and the EHRC’s draft Code of Practice are read together, the scheme no longer appears to hold its own concepts in a stable relationship. The language remains familiar. The legal function of that language is less clear. The older statutory architecture was imperfect, but it was at least intelligible. Section...