The Conservative Party has pledged to amend the Equality Act to ensure protections based on sex apply exclusively to biological sex, aiming to clarify definitions and enhance safety for women and girls, as reported by The BBC.
Prime Minister Rishi Sunak stated that the “current confusion around definitions of sex and gender” is unacceptable.
The Tories argue that this change will simplify operations for women-focused service providers, such as those running domestic abuse sessions, by allowing them to exclude biological males without legal repercussions. Sunak insists this move will safeguard women and girls while respecting everyone’s privacy and dignity.
Labour’s shadow defence secretary John Healey criticised the proposal, calling it an unnecessary distraction from core issues. He acknowledged the need for clearer guidance but maintained that the Equality Act already protects single-sex spaces for biological women.
Liberal Democrat deputy leader Daisy Cooper expressed willingness to provide further guidance for public services but warned against dismantling legislation that protects both women and trans women. She stressed that these protections were hard-fought and should not be undermined.
The proposed changes would also see UK government decisions on gender reassignment applied uniformly across the UK, including Scotland. Scottish National Party leader John Swinney accused the Conservatives of targeting the Scottish Parliament and devolved government.
Under the Equality Act 2010, it is illegal to discriminate based on “protected characteristics” like age, disability, religion, race, sex, and sexual orientation. Interpretations of “sex” have varied, with some viewing it strictly as biological sex and others including individuals with a gender recognition certificate (GRC).
The Conservatives want the Act to apply solely to biological sex, stating that single-sex spaces like public toilets and hospital wards, as well as services like rape crisis centres, should not have to accommodate biologically male individuals who identify as female. They argue that the Act has not kept pace with evolving interpretations of sex and gender.
The party’s stance has sparked controversy, with critics accusing them of seeking to divide and demonise transgender people. Badenoch also indicated that the proposed changes would allow service providers discretion in accepting trans women with GRCs into women-only spaces without fear of legal challenges.
The Equality Act currently allows service providers to exclude certain groups if it is a “proportionate means” of achieving a “legitimate aim”.
In 2023, Badenoch sought advice from the EHRC on the impact of these changes. EHRC chair Baroness Kishwer Falkner said that while the change could clarify a contentious issue, it might also introduce ambiguity, particularly regarding equal pay and sex discrimination.
