Thelastempressofconstantinople ·
06/07/2018 22:59
I’ve just been looking at the consultation documentation. One of the things that struck me about it is the repeated ‘reassurance’ that there is no intention of amending the Equality Act exemptions.
Er, isn’t this completely disingenuous and misleading? So misleading that it suggests whoever framed the consultation had a very poor grasp of the legal issues?
At the moment the Equality Act exemptions effectively permit the exclusion of transwomen from certain female only spaces and services if certain (fairly demanding) tests are met. Unless these tests are met, transwomen (but not men) have to be admitted.
But at the moment the transwomen who benefit from this have a GRC. The effect of the change to self id is that a far wider range of transwomen (self identified) will have to be admitted to female only spaces and activities unless the tests for exclusions in the Equality Act are met.
Presumably this effect could be avoided by doing exactly what the consultation boasts won’t be done - amending the Equality Act to provide for a far wider range of circumstances in which transwomen may be excluded from female only spaces and activities.
If the sole intention behind amending the GRA really was to ease the ‘bureaucratic’ process of applying for a GRC, why wouldn’t this corresponding amendment be made to the Equality Act? After all, if the concern really was just bureaucracy, that would deal with the problem, wouldn’t it? Protect women and single sex spaces while assisting transpeople by permitting self id?
It seems that (a) whoever issued the consultation hasn’t understood how the Equality Act and the GRA fit together and (b) that what is driving this isn’t just a wish to avoid bureaucracy, expense, etc- but a wish to invade women’s spaces.
Why not deal with this by amending the Equalities Act too? What is the excuse given in the consultation for not doing this? Have I missed it?