The issue at the heart of the Law Commission report is contentious because it addresses the distinction between sex on the on hand and gender on the other. In essence one is a biological reality whereas the other is a construct which is subjective in the beginning but which may be manifested in a physical sense by the use of drugs and/or surgery.
The problem is summed up by Lord Robert Winston in this video clip.
In this article I discuss how the Law Commission identifies the various contending elements that it had to deal with in its assessment.
I shall start with an over view of the tension between sex and gender. I shall then proceed to consider how the Law Commission defines and details sex on one hand and gender on the other.
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