The Conservatives have pledged to change the Equality Act to define the protected characteristic of sex as “biological sex”. They claim the change will make it simpler for service providers for women and girls, such as those running sessions for domestic abuse victims, to prevent biological males from taking part.
The Tories say that Labour’s Equality Act has not kept pace with evolving interpretations and is not sufficiently clear on when it means sex and when it means gender. The proposed change to the law will not remove the existing protections against discrimination on the basis of gender reassignment provided by the Equality Act.
Prime Minister Rishi Sunak said: “The safety of women and girls is too important to allow the current confusion around definitions of sex and gender to persist. The Conservatives believe that making this change in law will enhance protections in a way that respects the privacy and dignity of everyone in society. We are taking an evidence-led approach to this issue so we can continue to build a secure future for everyone across the whole country.”
The sex of those with a Gender Recognition Certificate will still align with their acquired gender in law outside the Equality Act, for example in marriage law. The Conservatives will also establish in law that gender recognition is a reserved matter. Women and equalities minister Kemi Badenoch said, “it is impracticable for gender recognition regimes to vary in different parts of the country”.