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Feminism: Sex and gender discussions

Can anyone help me challenge this please?

37 replies

EenyMeenyMinyNo · 27/06/2021 15:21

I'm a school governor and we subscribe to a company that offer guidance and support to schools in the way of policies, resources and best practice. The attached is within a resource for schools to use as their Equality and Diversity policy. Have I missed something?

Can anyone help me challenge this please?
OP posts:
CatherinaJTV · 27/06/2021 15:23

As far as I know that is correct (according to the EA2010)

BlueberryCheese · 27/06/2021 15:24

There's nothing to challenge. This is perfectly correct.

Theeyeballsinthesky · 27/06/2021 15:27

The equality act refers specifically to gender reassignment not gender identity and/ reassignment. It is important they use the correct terminology as to what the protected characteristic is

WarOnWoman · 27/06/2021 15:31

The Equality Act says that you must not be discriminated against because:
• of your gender reassignment as a transsexual. You may prefer the description transgender person or trans male or female. A wide range of people are included in the terms ‘trans’ or ‘transgender’ but you are not protected as transgender unless you propose to change your gender or have done so. For example, a group of men on a stag do who put on fancy dress as women are turned away from a restaurant. They are not transsexual so not protected from discrimination

Is this outsourced company "getting ahead" of the law again?

EenyMeenyMinyNo · 27/06/2021 15:33

That was my understanding too - I wasn't aware it had changed to include gender identity. Happy to be corrected though!

OP posts:
WarOnWoman · 27/06/2021 15:35

OP, the language used in the EA2000 is as clear as mud and outdated and not fit for purpose.

Hazycoffeek · 27/06/2021 15:36

Sex is a protected characteristic under the EA. Does the resource include a section for sex?

Agree with others that the words ‘gender identity’ shall be deleted.

ValancyRedfern · 27/06/2021 15:37

I don't think it's far wrong. It's true you don't have to have undertaken medical transition to be protected under gender reassignment. However the term gender identity does not feature in the equality act and isn't a protected characteristic.

EenyMeenyMinyNo · 27/06/2021 15:38

Yes it does state sex as a protected characteristic

OP posts:
ValancyRedfern · 27/06/2021 15:39

Is there a section which correctly lists sex? My school's policy includes sex as a protected characteristic (good) but puts gender in brackets after every time it is used (bad)

Thelnebriati · 27/06/2021 15:40

Children cannot obtain a GRC (gender recognition certificate), and while they may be considered to be in the process of transitioning their rights do not override sex based rights.

You need to be clear about the right not to be discriminated against, and how that differs from the right to actively participate in exemptions made on the grounds of sex.

So for example, schools still have to provide single sex toilets, changing facilities and dormitories. Sports are also a sex affected activity.

CuriousaboutSamphire · 27/06/2021 16:04

@WarOnWoman

OP, the language used in the EA2000 is as clear as mud and outdated and not fit for purpose.
Only if you don't read the accompanying guidance notes.

If you do then there is no ambiguity.

CatherinaJTV · 27/06/2021 16:23

EA2010, section 7

Gender reassignment
(1)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.

my bold and underline - you do not need to have undergone gender reassignment. It's enough to state you plan to.

Thelnebriati · 27/06/2021 16:26

A person without a GRC has not changed their legal gender, and you can only apply for a gender recognition certificate if you are 18 or over.

So while children cannot be discriminated against on the grounds of gender reassignment, they also cannot be granted rights of the opposite sex.

Theeyeballsinthesky · 27/06/2021 16:26

Yes that is correct but nowhere does it mention gender identity so that needs to go from what the OP has posted

WarOnWoman · 27/06/2021 18:09

Curious. Duh at me. HmmBrain not working. Getting mixed up with GRC. ConfusedBlush

Tinysalmonswimminginastream · 27/06/2021 18:19

This is not correct is it? Its 'gender reassignment' not 'gender identity' and when was the 'act changed'?

I can see though that it does state that you only have to 'plan to' undergo gender reassignment to be protected though, although I have no idea what it means by 'changing physiological or other attributes of sex'?

Pps are right, it is as clear as mud, which is why it has been so easy for TRAs to misinterpret it.

Clymene · 27/06/2021 18:38

The act has not changed and gender identity is not a PC

NewlyGranny · 27/06/2021 19:06

Gender identity is not a PC. Gender reassignment is. Sex is. Sexual orientation is, too.

Whoever provided this suggested policy has not followed the law. School will be outside the law of they adopt it.

Show them the wording of the Act. It's on the .GOV website. If the need reminding, ignorance of the law is no excuse.

snowcobra · 27/06/2021 19:16

@BlueberryCheese

There's nothing to challenge. This is perfectly correct.
As far as I know only gender reassignment (NOT gender identity) is a protected characteristic, and gender reassignment is not synonymous with being transgender. Hence this guidance is incorrect.

Happy to be corrected if I'm wrong.

CharlieParley · 27/06/2021 19:24

Gender identity and/or reassignment

Gender identity and gender reassignment are not the same thing.

There is no legal definition of gender identity in UK law. Where it is defined, it is described as an internal feeling.

There is a definition of gender reassignment in the UK Equality Act (as stated by pp). It describes a process of transition. Whatever that means we might argue about, especially from a feminist viewpoint, but various judgements allow us to conclude that this is not understood to be a mere innermost feeling. There has to be a stated intent at the very least, if not an action taken towards transitioning.

So conflating an ideological belief with an action (undertaken, in progress or planned) is not correct. As this is a list of the protected characteristics, it should be noted that they cannot be designated or changed at will - it takes an Act of Parliament to do so. Until that happens, the list of mandatory (i.e. named in the Equality Act) protected characteristics must be the ones stated in the Act. It is legal to add additional characteristics (such as class or education or gender identity) but even then the protected characteristics under the Equality Act take precedence.

The Act protects transgender people.

Well, to be precise, the Act protects transsexual people. However, its protections can be applied to transgender people, just not today's trans umbrella in its entirety.

The Act no longer requires a person to be under medical supervision to be protected, so a person who does not undergo any medical procedures would be protected.

This is an inaccurate representation of the Equality Act. It never required a medical transition before a transsexual could be protected under gender reassignment. And although it is correct that the Act protects those who have no intention to medically transition, someone who merely states "I identify as" but has no intention to change any aspect of themselves would not be protected. A social transition or even a plan to socially transition would however be enough to engage this protected characteristic.

The focus on a medical transition is also misleading, because their text could be interpreted to mean that while you don't have to medically transition, you do have to socially transition before you are protected under the characteristic of gender reassignment. You don't. An employee for instance who informs their employer that they are planning to come out as trans and, for instance, wish to be addressed by a different name or wear the uniform mandated for employees of the opposite sex, would be protected under gender reassignment from that moment onwards.

CuriousaboutSamphire · 28/06/2021 08:03

@WarOnWoman

Curious. Duh at me. HmmBrain not working. Getting mixed up with GRC. ConfusedBlush
I did think it was odd. But then we've had so many odd posts recently... Grin
GrownUpBeans · 28/06/2021 22:17

Gender identity is protected as a belief. But so is not having such a belief. If they want to mention gender identity, it should be in the 'religion and belief' section with wording that lack of belief is also protected (similar to the wording they have used for religion).

stumbledin · 28/06/2021 23:56

Just in case OP needs to provide "evidence" in relation to the protected characteristics these are the links incorporating latest changes:

Protected characteristics - all
www.legislation.gov.uk/ukpga/2010/15/section/4

Gender reassignment - definition
www.legislation.gov.uk/ukpga/2010/15/section/7

Sex - definition
www.legislation.gov.uk/ukpga/2010/15/section/11