Charity suggests ignoring sex

Campaigners proclaim that transgender charities are encouraging people to "ignore" a High Court ruling that sex must not be self-identified on the 2021 census.

 

The Office for National Statistics (ONS) backed down from a legal battle when campaigners argued that the original guidance for the question "what is your sex?", which read, "If you are considering how to answer, use the sex recorded on one of your legal documents such as a birth certificate, Gender Recognition Certificate, or passport"... allowed people to unlawfully self-identify as male or female.

 

High Court judge Mr Justice Swift ruled the sentence should be rewritten and the words "such as" and "passport" removed as sex listed on a passport can be changed without a legal process.

 

The ONS withdrew from the legal proceedings, changing its guidance to advise people to use the sex as recorded on a birth certificate or Gender Recognition Certificate when answering the question.  Despite this change, campaigners say transgender charities are encouraging people to ignore the new guidance.

 

A charity that supports transgender children, Mermaids, said in a blog post: "It is not mandatory to read the ONS guidance before completing the census. Individuals must answer to the best of their knowledge and belief. You should not feel pressured to give an answer that you know to be false."

 

Following the ruling, trans-led charity Gendered Intelligence shared a blog post titled, "How best to respond" to the sex question. "Our advice to non-binary people is to respond with whichever one feels closest to your understanding of your sex," the charity said, and added: "The guidance around using any identity document as proof may have been withdrawn, but this does not mean you should feel obliged to put down incorrect information."

 

The group which brought the legal action, Fair Play For Women, are accusing the charities of looking for loopholes, it's director Dr Nicola Williams said the charities are being "careful" with the working and language they used, but added: "They're saying if you don't look at the guidance you wouldn't know what you're supposed to do, and as long as you're filling it in the way that you believe to be correct, that would be OK. They're suggesting people ignore the High Court order."

 

A spokesman for Gendered Intelligence said: "It is quite clear from our blog that we are urging people to fill out the census to the best of their ability, whilst also being mindful to not put down incorrect information."

 

It is a legal requirement to fill out the census in England and Wales and you can be fined up to £1,000 for failing to do so. It is also an offence to supply false information.

 

 

E&K Solicitors

Rusholme