UK Supreme Court Declines Appeal of Mother Who Wants to Be Identified as Father on Birth Certificate

LONDON — The U.K. Supreme Court has declined to hear an appeal of a mother who wants to be identified as the “father” on her son’s birth certificate since she identifies as a man.

The nation’s highest court simply said that “the applications do not raise an arguable point of law which ought to be considered at this time, bearing in mind that the cases were the subject of judicial decision and reviewed on appeal.”

The single 34-year-old, who goes by the name Freddy McConnell, conceived via in vitro fertilization and gave birth in 2018. She had been taking testosterone since 2013 and underwent a double mastectomy the following year. McConnell retained her female reproductive organs and paused the hormones to allow her menstrual cycle to resume so she could carry a child.

After giving birth, McConnell launched a legal challenge as the hospital listed her as the mother rather than the father, although her medical records reflected her male identity. She asserted that the General Register Office had engaged in unlawful discrimination.

But the courts sided with the hospital, concluding that there is a “material difference between a person’s gender and their status as a parent.” Andrew McFarlane, of the Family Division of the High Court, ruled last September that a person who gives birth is a mother, no matter what their “legal” identity.

“Being a ‘mother’, whilst hitherto always associated with being female, is the status afforded to a person who undergoes the physical and biological process of carrying a pregnancy and giving birth,” he wrote. “It is now medically and legally possible for an individual, whose gender is recognized in law as male, to become pregnant and give birth to their child.”

“Whilst that person’s gender is ‘male,” their parental status, which derives from their biological role in giving birth, is that of ‘mother.’”

The Court of Appeal agreed, stating that “every child should have a mother and should be able to discover who their mother was.” It also determined that the matter surrounding the labeling of birth certificates is more for Parliament to consider and not the judiciary.

In now losing her battle a third time, McConnell says that she is considering taking the matter to the European Court of Human Rights as she considers the denial a violation of her “right to respect for [her] private and family life” under Article 8 of the European Convention on Human Rights.

“The law around birth registration doesn’t treat LGBT people equally on any level,” she told The Guardian, where she works as a freelance journalist. “There needs to be a series of cases to address this or a change in the law. I feel I am too deep into this to stop now. I am going to keep fighting …”

McConnell released a video to social media a few weeks ago, stating that she is “ready to be pregnant against as a transgender man.”

THE GOSPEL 

As previously reported, while some view transgenderism and gender confusion as a medical condition, Christians believe the matter is also, at its root, a spiritual issue and a result of mankind’s fallen state.

The Bible teaches that all are born with the Adamic sin nature, having various inherent feelings and inclinations that are contrary to the law of God, and being utterly incapable of changing by themselves.

It is why Jesus came: to “save His people from their sins” (Matthew 1:21).

Scripture outlines that Jesus came to be the propitiation for men’s sins (1 John 2:2; 1 John 4:10), a doctrine in Christianity known as substitutionary atonement, and to save men from the wrath of God for their violations against His law (Romans 4:25, Romans 5:9, Romans 5:16), a doctrine known as justification.

The Bible also teaches about regeneration, as in addition to sparing guilty men from eternal punishment, Christ sent his Holy Spirit to make those who would repent and believe the gospel new creatures in the here and now, with new desires and an ability to do what is pleasing in the sight of God by His indwelling and empowerment (Ezekiel 11:19, 2 Corinthians 5:17, Titus 3:5).

Jesus said that men must be born again, and have their very nature transformed by the Spirit from being in Adam to being in Christ, or they cannot see the Kingdom of God (John 3:3-8).

Ezekiel 36:26-27 states of this inner rebirth, “A new heart also will I give you, and a new spirit will I put within you, and I will take away the stony heart out of your flesh, and I will give you a heart of flesh. And I will put My spirit within you and cause you to walk in My statutes, and ye shall keep My judgments and do them.”

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