What is currently uncertain:
Whether sex in the Equality Act means (i) biological sex or (ii) biological sex unless modified by a GRC.
Whether biological females are protected as a distinct group under the Equality Act.
How precisely the Schedule 3 exceptions which allow for single-sex services operate. If sex means sex as modified by a GRC these exceptions become more complicated to rely on and that can affect how useful they are in practice, given concerted campaigns to spread misinformation about the law here.
Whether single-sex associations defined by reference to biology (eg. Lesbian walking group, informal support network for female victims of male violence) are lawful. If sex doesn't mean biological sex, these are unlawful.
Whether trans men who become pregnant are protected from pregnancy discrimination. If a GRC modifies sex for the Equality Act they likely lose protection.
Whether sexual orientation is defined in the Act by reference to biological sex or biological sex unless modified by a GRC.
What this proposal will do:
Clarify that sex in the Equality Act means biological sex, referring to the ordinary common law position from Corbett v Corbett.
Make it clear that single-sex services and associations are defined by reference to biological sex.
Make it clear that trans men are protected from pregnancy discrimination regardless of whether they have a GRC.
Make gender reassignment a reserved matter, preventing devolved parliaments such as in Scotland from legislating to introduce Self-ID, ensuring that the continuing operation of the s35 Order blocking the GRR Bill.
What this proposal will not do:
Remove the protected characteristic of gender reassignment.
Make it lawful to discriminate on the basis of gender reassignment in the provision of goods & services, employment, or housing.
Prevent services from offering a trans-inclusive service where proportionate.
Require a new analysis of biological sex. The common law position will be reverted to and there are decades of caselaw on how to define biological sex in law.