Eric Clive
ericclive.bsky.social
Eric Clive
@ericclive.bsky.social
Retired law professor and law reformer. Pro EU. Anti Brexit. Pro UN, pro international law and civilised international relations. Supporter of Scottish independence in Europe for pro European, internationalist, democratic, progressive and other reasons.
I may be too much of an optimist but I believe that good arguments win in the end. Anent religion, we have learned to cater for no religion. EqA s 10 "(1)Religion means any religion and a reference to religion includes a reference to a lack of religion." Something similar could be done for gender.
November 29, 2025 at 9:03 AM
This case confirms my impression that the definition of gender reassignment in the Equality Act needs to be changed. Quite apart from the semantic point noted in the decision, the emphasis on reassignment is unfortunate. Who does the reassigning? Also, the word "process" is vague and confusing..
November 29, 2025 at 8:49 AM
The Scottish Government has accepted and implemented the SC judgment in FWS. The judgment said its published interpretation of the Equality Act was wrong. It has corrected that interpretation. Correctly applying the new interpretation of the Equality Act is a different, and contested, matter.
November 28, 2025 at 8:50 AM
So England isn't a country either. Andrew Bowie should tell this to the English football fans and the "patriotic" English flag flyers.
November 27, 2025 at 9:06 AM
What an incredible amount of high level work! Well done. A great service to anyone interested in this issue. Thank you.
November 21, 2025 at 7:48 PM
Great point - and there is the rule of interpretation that exceptions should be construed narrowly, precisely to avoid them becoming the rule.
November 21, 2025 at 3:50 PM
That could actually be nice, because services are not like financial benefits; it is much easier to manage, say, toilet facilities in a relaxed and inclusive way than in a policed way.
November 20, 2025 at 10:33 PM
Is there any new statutory guidance? The Interim Update has (rightly) been withdrawn and the suspect new code has (rightly) not yet been approved by the Minister. I hope it never will be. The sensible course would be to send it back to a reconstituted Commission for a complete rethink.
November 20, 2025 at 7:32 PM
The justification for separate toilet facilities is now up in the air. WCs are in cubicles. Urinals can be removed. We are talking of wash basin areas. It surely can't be a legitimate aim to protect women from having to wash their hands in the presence of anyone who doesn't look feminine enough.
November 20, 2025 at 4:58 PM
Only an idiot would approve of guidance which is logically, morally, socially, economically and legally suspect and which goes well beyond anything required to implement the Supreme Court's judgment.

Only ten days now until there is a new chair of the EHRC.
November 20, 2025 at 9:00 AM
I learned one thing from this.
"The new guidance also removes a suggestion in an earlier draft that those running services could in “necessary and proportionate circumstances” ask to see a birth certificate or gender recognition certificate (GRC) if they suspected someone was lying about their sex."
November 20, 2025 at 8:50 AM
Nicely put. I think the EHRC argument breaks down at two points. 1 The idea that a flexible operation of a separate or single sex facility necessarily makes it a mixed sex facility. 2 the insinuation that a mixed sex facility will very often involve indirect discrimination. It may, but need not.
November 19, 2025 at 3:11 PM
Fond memories. Walked and ran it years ago. We would leave the car, walk a section and then, while K explored some delightful place, I'd run back and fetch the car. Those were the days.
November 18, 2025 at 10:06 AM
Reposted by Eric Clive
Strange that this isn't bigger news.
EXCLUSIVE: Michael Prescott himself doctored Trump quote in his anti-BBC report
A report alleging Panorama broadcast misleading Trump quotes contains misleading quotes itself
www.thenewworld.co.uk
November 17, 2025 at 11:38 AM
Yes. This was glaringly obvious at the time. Same on reporting events in Gaza.
November 18, 2025 at 8:49 AM