ABSTRACT
Chromosomal sex permits the phenomenon of transsexualism to be integrated into a direct sex discrimination analysis, which assumes the existence of two stable categories of male and female requires the classification of the complainant as a member of one category, and requires the identification of a comparator who is usually a member of the other. Direct sex discrimination exists whenever a person's chromosomal sex is used directly to limit their choices in life, or to determine which benefits they receive. Most discrimination against gay, lesbian and bisexual individuals, and same-sex couples, can be analysed as a kind of direct sex discrimination. In doing so, it is unnecessary, and potentially misleading, to argue that sexual orientation is included in sex, as a result of a broad interpretation of the term sex or otherwise. Once a principle of non-discrimination on any ground has been unleashed, it may take many years for its full implications to be realised and implemented.
