SEXUAL ORIENTATION AND GENDER IDENTITY Case Solution And Analysis, HBR Case Study Solution & Analysis of Harvard Case Studies

SEXUAL ORIENTATION AND GENDER IDENTITY Case Solution

Under the Act, the transgender persons were given a full gender recognition status and they are allowed to get new birth certificates. The transgender started enjoying their personal identity in the UK’s law, for the first time in history. These moves led to the development of “Equality Act” in 2010, passed by the UK government bodies. The Equality Act 2010, banned the discrimination based on gender reassignment, at different workplace and human aspects of life.

However, apart from these steps; UK law still does not incorporate the nuances incorporate-din the gender identity and sexual orientation among individuals. The birth certificates still present only two options, i.e. male and female, which means that the non-binary genders are not given recognition in law. In 2020, a transgender man lost his legal battle in registering himself as his child’s father by the Supreme Court of United Kingdom. (Booth, 2020).

After suspending the gender reassignment hormone treatment; Freddy McConnell-gave birth to a child in 2019. He was 34 years and worked as freelancing journalist for the “Guardian”. At the age of 25;he started taking testosterone and hormone treatment but soon he stopped, and went on to conceive through a sperm donor and gave birth to a baby in 2019. All of his NHS records and passports’ names were changed with his “male” gender. But he faced challenges in getting the legal status of being a father or the parent of the child.

In 2019 by the high court and in 2020 by the appeal court; it was ruled that although he was recognized as a male in certificates and law;he would not be granted the status as a father or parent of the child.He filed a lawsuit in the court claiming to be given a recognition as the legal father of the child. He ruled in the court that getting pregnant didn’t change his transgender identity as a man. He believed that motherhood refers to pregnancy, despite of the fact that who gave birth, a male or afemale. (specified in UK’s Law).

The Lord Brunet, in the appeal court, was with a firm view and in favor the child to know about his biological birth’s reality rather than recognizing the right of the parent as the father of the child. However, McConnell argued that such opinion had breached the Human Rights Act.However, the Lord Brunette said that according to the Gender Recognition Act; Freddy McConnell would be given status as the mother of the child and this requirement did not breach the human rights act and his rights to a private and a family life. (BBC News, 2020).

Hannah Markham, a Queen’s Counsel, said that McConnell could have won the legal case due to several reasons. She proposed that there were errors made in the determination of the term “motherhood” as it is not defined as gendered term in law. She said that the judge was wrong in determining the parental rights by focusing just on giving birth as specified in the documentation. The judge was of the belief that the one who gets pregnant or the one who gives birth, is directly inherent to the role as the mother of the child. However, motherhood is a generic term, which is not based on gender. She also claimed that the decision by the court has breached the right to a private and a family life of John McConnell (BBC News, 2020). The success of the case would have led to his son with a status of being the first child in England, not having a legal mother.

As a Human rights advisor to McConnell; he should file a case with the European Court, as his rights to a private and a family life, have been violated. Though he has given birth to the child, while being a male in the legal documentations; it does not snatch the parenting right as a father from him. The court has shifted away from the general understanding of the term “mother”, which is not dependent on the gender of the person. It is an expression of a parental status. Anyone, a male or female, can get pregnant and can be regarded as the mother of the child. The advisory-firm needs to collaborate with the government bodies, NGOs anti protesting campaigns in determining the laws related to surrogacy and passing out a law with “motherhood”, being independent of the gender and society set standards in giving birth to a child. Same as other normal human beings, transgender individuals must be given rights to parenthood or a private life equally and without any discrimination, as it would lead towards a healthy as well as a stable economy.......................

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