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The Supreme Court ruling on the definition of a woman has “clarified” the 2010 Equality Act, Harriet Harman has said – as she urged people to feel “confident they can use their common sense”.

The Labour peer and former minister put forward the Equality Bill, now the Equality Act 2010, which protects people from discrimination in the workplace and in wider society.

The legislation had become the centre of controversy in the debate about transgender rights as it was not clear whether the term “sex” referred to biological sex or “certificated” sex as legally defined by the 2004 Gender Recognition Act (GRA).

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Last week, the Supreme Court unanimously ruled that the definition of a “woman” and “sex” in the Equality Act 2010 refers to “a biological woman and biological sex”.

It means that some single-sex service providers will be able to exclude trans women if they deem it proportionate and necessary.

But speaking to Beth Rigby on Sky News’ Electoral Dysfunction podcast, Baroness Harman said the providers of single-sex spaces were always able to do this under the Act.

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She said: “What we’ve got to do now, is with the Supreme Court having clarified what we said all along in the 2010 act, that consensus has got to be rebuilt.

“I strongly believe that most people don’t like to see trans people discriminated against and persecuted, and they want to just live and let live and let people get on and live the best lives they can.

“And most people understand that if you’re dealing with women who’ve been traumatised by male violence, it might be that actually a trans woman there prevents them feeling they can be comfortable in a refuge or in a counselling session.”

During the podcast, Baroness Harman, Beth Rigby and Baroness Davidson were played audio sent in from Ellie, a 25-year-old trans woman from Glasgow.

She said she was “devastated” by last week’s ruling.

“I’m scared and I am angry,” she said.

“I don’t think there’s clarity yet as to what this ruling actually means for my community in law.

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“The GRA has now been rendered practically meaningless, and the UK government could respond by saying ‘yep, fair enough, let’s get them updated so that we can make sure that trans people are respected and protected in society for who they are’, but instead, they’ve pounced on us – with government ministers even suggesting that trans women can’t use women’s spaces like toilets.

“I mean, where am I supposed to go?

“It’s clearly not safe for so many trans women like me to use the men’s toilets, not to mention completely dehumanising.

“It’s not appropriate for a male police officer to get to pat down my chest, and it’s also clearly completely unworkable.”

She added: “This whole thing is being done under the guise of making some women feel safer, while actually making so many of us, whether trans or not, materially less safe, and I don’t even think we’d be having this conversation if the media and some politicians hadn’t spent the past five years demonising us.

“It just feels so, so cowardly and cruel.”

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US SEC, CFTC operations set to resume after 43-day government shutdown

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US SEC, CFTC operations set to resume after 43-day government shutdown

Employees who were furloughed during the US government shutdown are expected to return to work at the Securities and Exchange Commission and Commodity Futures Trading Commission after 43 days away.

According to the operations plans with the SEC and CFTC, staff are expected to return on Thursday, following US President Donald Trump’s signing of a funding bill late on Wednesday to resume federal operations.

The two agencies’ respective plans require employees to come in on the “next regularly scheduled workday […] following enactment of appropriations legislation,” which acting CFTC chair Caroline Pham appeared to confirm in a Thursday X post.

Government, SEC, CFTC, United States
Source: Caroline D. Pham

Amid the government shutdown, both agencies had fewer staff and reduced operations. In the SEC’s case, this limited its ability to review applications for exchange-traded funds, including those tied to cryptocurrencies. The CFTC’s plan said it would “cease the vast bulk of its operations,” including enforcement, market oversight and work on regulatory rulemaking.

With the reopening of the government, however, the SEC and CFTC may need some time to catch up on activities, such as reviewing registration applications submitted in the previous 43 days. Some companies submitted IPO and ETF applications amid reports that the shutdown would likely end soon.

“I’m sure some [companies] took the position that they could just submit [an application to the SEC] knowing it’s not going to be looked at until they get back, but at least they’re in the queue,” Jay Dubow, a partner at law firm Troutman Pepper Locke, told Cointelegraph.

He also warned of the possible ramifications of the SEC going through repeated shutdowns:

“Every time you go through something like this, there’s the risk of things just slipping through the cracks in various ways.”

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During the shutdown, officials with both financial regulators regularly spoke at conferences on their approach to cryptocurrencies, sometimes commenting on their availability and addressing the reduced operations. 

“Within limits, we’re still obviously functioning,” said SEC Chair Paul Atkins on Oct. 7, less than a week into the lapse in appropriations. “There are restrictions on what we can and can’t do, especially for staff […] I can still come and do things like this [referring to the conference].”

Before the funding bill had been resolved, Akins said that the SEC planned to consider “establishing a token taxonomy” in the coming months, “anchored” in the Howey test to recognize that “investment contracts can come to an end.” Pham, similarly, said the CFTC had been pushing for approval of leveraged spot cryptocurrency trading as early as December.