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Original poster

Is GI a protected characteristic?

37 replies

BlooDeBloop · 10/05/2023 09:21

I just checked my son's secondary school PSHE curriculum and they will have a lesson on gender identity. The materials aren't available online but the notes say they are using the accepted definitions. Well, I don't accept GI exists. I think it is a controversial concept that is far from being accepted wisdom. I'm thinking of challenging it (as I would if the school were teaching creationism instead of evolution) but then the thought occurred to me, is GI protected in UK law? I'd be in a weak position if I'd argued it wasn't an accepted idea if it is in fact endorsed in law. A quick search gives me a yes, GI is protected but further reading suggests no. What is the MN take?

Is GI a protected characteristic?
OP posts:
Transparent2 · 10/05/2023 10:14

BlooDeBloop · 10/05/2023 10:02

Gender ISN'T protected? You see, I thought I followed this closely yet I wasn't aware. I assumed gender was protected....

Show quote history

It is the Equality Act (2010) which lays out what is protected in law. It does not include gender (but does include sex). It does not include gender identity (but does include gender reassignment). When you see people claiming that gender identity and gender are protected characteristics, they are misquoting or at least misrepresenting the law, though they might argue that they are just putting it into clearer English. Misrepresenting the law is either very careless or deliberate misleading.

Naturally the law is not quite completely cut and dried, as words have multiple meanings, so lawyer can argue about those meanings. Usually case law eventually sorts it out by clarifying what the law states.

LangClegsInSpace · 10/05/2023 10:12

HairyKitty · 10/05/2023 10:03

Biological sex, actual official gender reassignment, and holding gender critical beliefs are protected

What do you mean by 'actual official gender reassignment'?

The EA says:

A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.

https://www.legislation.gov.uk/ukpga/2010/15/section/7

It's vague enough to cover pretty much anyone who IDs as the opposite sex.

Importantly, while it protects someone from discrimination for being trans, it doesn't give them the right to be treated as the opposite sex.

AlecTrevelyan006 · 10/05/2023 10:12

Stonewall went round telling everyone that GI was a protected characteristic and in most organisations they just naively believed it.

Original poster
BlooDeBloop · 10/05/2023 10:11

Right, thank you. I'll need a screen shot of the gov page on protected characteristics to hand. That should be enough to rebuff any 'accepted definition' bs.

OP posts:
Isitisit · 10/05/2023 10:09

if you ever want to check look up the equality act 2010 and protected characteristics. Look on government websites, ACAS and legal sites not just generic google searches.

HairyKitty · 10/05/2023 10:09

@BlooDeBloop you need to look critically at your sources. A .gov source should be accurate but various info pages are just Joe Bloggs’ interpretation.

HairyKitty · 10/05/2023 10:04

Self identification, gender, gender beliefs, self perceived gender etc, none of this is protected

HairyKitty · 10/05/2023 10:03

Biological sex, actual official gender reassignment, and holding gender critical beliefs are protected

PronounssheRa · 10/05/2023 10:03

Sex is the protected characteristic not gender

Original poster
BlooDeBloop · 10/05/2023 10:02

PronounssheRa · 10/05/2023 09:25

No it's not.

Gender reassignment is the protected characteristic
www.gov.uk/discrimination-your-rights

Gender also isn't a protected characteristic

Gender ISN'T protected? You see, I thought I followed this closely yet I wasn't aware. I assumed gender was protected....

OP posts:
Original poster
BlooDeBloop · 10/05/2023 10:01

How come this is so widely misunderstood? If I go to the school and say GI is ideological and they say it's in the statute book, I'm going to be red faced even though I'll be right. I will have to argue hard as they no doubt will have received 'training' and be sure of themselves.

OP posts:
PronounssheRa · 10/05/2023 09:25

No it's not.

Gender reassignment is the protected characteristic
www.gov.uk/discrimination-your-rights

Gender also isn't a protected characteristic