
Michael Foran
Michael Foran is Associate Professor of Law at the University of Oxford and Tutorial Fellow in Law at Keble College, writing on sex, gender identity and discrimination law (author of "Sex, Gender Identity and the Law", CUP).
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Sep 28, 2026
Examining the Legal Context of Sex and Gender in Higher Education
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11:49AlanHOST
as intersex conditions.

Michael ForanGUEST
So this was something the law was considering, you know, about just over 20 years before the Supreme Court decision in For Women Scotland.

Michael ForanGUEST
And in that case, the House of Lords distinguished what it described as physiological from non-physiological indicators of sex.

Michael ForanGUEST
And the court concluded that sex is determinate where an individual's physiological criteria are congruent around either the male or the female category.

Michael ForanGUEST
And so for most individuals, the vast majority of trans people, this is determinative because if you don't have a difference or disorder of sex development, then as far as the common law is concerned, your sex is your biological sex.

Michael ForanGUEST
And again, it's confirmed back in 2003 that medical intervention to alter someone's secondary sex characteristics is not sufficient to change their legal sex status.

Michael ForanGUEST
Things are more complicated when you're dealing with an individual who has a DSD and in the case of Bellinger and Bellinger the House of Lords considered the the way in which you might account for that and set out a list of further considerations that would be taken into account to determine an individual sex in that purposes.
26 MINS LATER
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38:48AlanHOST
or where