The legal definition of 'sex' could soon be changed by the UK's equality minister
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The UK's equalities minister, Kemi Badenoch, is reportedly considering changing the legal definition of 'sex' in the 2010 Equality Act to mean 'biological sex' – in a move that could see transgender people excluded from same-sex spaces, including hospital wards, events and sports.
It is known that Badenoch, who was previously accused of referring to transwomen as "men" on a recording from 2018 (which she later claimed was taken out of context), has sought advice from the Equality and Human Rights Commission (EHRC) about the potential wording change. In an open letter, the EHRC replied that to make a change such as this, careful consideration is required as "there is no straightforward balance, but we have come to the view that if 'sex' is defined as biological sex for the purposes of the Equality Act, this would bring greater legal clarity."
However, there are concerns that this could see trans people miss out on everything from employment opportunities, to women's book clubs.
Tweeting about the proposed change, Kishwer Falkner, the Chair of the EHRC, said: "We have advised the UK Government that a change to the Equality Act 2010 - so that 'sex' means biological sex - could bring clarity in a number of areas, but potential ambiguity in others. We have suggested that they carefully identify and consider the potential implications."
The equalities watchdog have also acknowledged that choosing to amend the Equality Act in this proposed new way would make it possible for trans people to to be barred from spaces even if they're in possession of a gender recognition certificate (GRC). However, at present it seems Badenoch still has the backing of Downing Street when it comes to continuing to explore changing the wording of the act.
Speaking about the potential changes, LGBTQ+ charity Stonewall tweeted: "We work with hundreds of employers week in week out. They would say that the Equality Act is working well and do not see a world where cis women are desperate to exclude trans women from their spaces.
"We would expect the EHRC to make further reference to some of the challenges [of] defining 'biological' sex, how these measures would interact with the Equality Act's protection for people who are 'perceived' to hold protected characteristics, and consider rights for intersex people."
It added, "Rather than finding a way forward on this discussion, this move risks opening yet another chapter in a manufactured culture war that will see little benefit to women, cis and trans alike. The EHRC is right to consider how trans men miss out on provisions and protections [such as on labour wards], but it is fundamentally wrong to imply that trans women do not experience sexism, which cuts far beyond biology."
In contrast, groups that describe themselves as gender critical, such as Sex Matters, have encouraged the proposed change.
The EHRC have also pointed out the very obvious need to evolve the language used in the 2010 act in other ways, given it still "refers to trans people as 'transsexuals', and uses the terms 'sex' and 'gender' at times interchangeably".
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