Rishi Sunak is set to rewrite equality law to protect women by clarifying ‘sex’ is biological, making it easier to bar trans people from female sports and single-sex spaces. The Telegraph has the story.
On Tuesday, it emerged that the Government had asked the equalities watchdog for advice on changing the wording of the Equality Act to specify that it protects “biological sex” rather than “sex”.
The Equality and Human Rights Commission (EHRC) recommended that such a change would “bring legal clarity” in eight areas, including sports and single-sex areas.
A source close to the Prime Minister said on Tuesday night that he remained committed to his leadership election pledge to ensure the facts of biology are written into the Act.
During 2022’s Tory leadership campaign, Mr. Sunak said: “I think biology is critically important as we think about some of the very practical functions, like toilets or sports.”
The source said he remained committed to this, and that he had asked Kemi Badenoch, the Equalities Minister, to take this work forward.
“The Prime Minister remains committed to his campaign pledge,” the source said. “This is a sensitive and complicated issue but the Secretary of State is taking that work forward and he supports her in doing so.”
At present, the equalities legislation states that people can be protected on the basis of their “sex”, but some have since interpreted this to mean the gender someone identifies as rather than the sex they were assigned [sic] at birth.
It has caused confusion over whether trans women can be barred from participating in women’s sports or entering female-only spaces such as hospital wards, changing rooms and rape refuges.
Anyone who has been granted a gender recognition certificate is at present legally recognised as belonging to the opposite sex.
In February 2023, governing body U.K. Athletics said that it could not prevent trans women from competing in women’s categories because of the Equality Act. It changed its stance last week after receiving assurances around the law.
The law could now be changed to make it clear that the word “sex” in the Equality Act means “biological sex” and not gender.
However, the EHRC also said such a definition of “biological sex” could cause problems in three areas regarding the rights of trans people. It called on the Government to do more work to ensure this does not result in discrimination.
On Tuesday night the EHRC’s guidance was warmly welcomed by campaigners.
Maya Forstater, co-founder of the group Sex Matters, said it was a “huge step forward for common sense”.
“The Equality and Human Rights Commission is taking leadership to protect everyone’s human rights,” she said.
“It has listened to women concerned about single-sex services, including more than 100,000 people who signed my petition to Parliament. It has also listened to businesses and charities that say they are confused about the law and frightened that they will be sued if they provide a changing room, shower, women’s refuge or a sports competition that is female-only. We are looking forward to a debate in Parliament on this after Easter. We hope the Government quickly amends the Equality Act to make it clear.”
Worth reading in full.
Thanks to all Daily Sceptic readers who signed Maya’s petition, which she wrote about for the site. This does look like progress.
Incidentally, shame on the Telegraph for using uncritically the misleading activist phrase “sex assigned at birth”, by which I assume it means biological sex, particularly in an article all about the importance of biological sex. A person’s biological sex is obviously not “assigned” at birth, as though someone has arbitrarily designated it one way or the other. It is recorded based on observing the child’s anatomy. When even the more conservative press uses nonsense phrases like this and insists on using ‘preferred pronouns’ rather than accurate ones, you sometimes despair.
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