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Feminism: Sex and gender discussions

Should "Queer" be a protected characteristic in the Equality Act?

43 replies

IwantToRetire · 23/05/2025 19:03

Mock Amendment to the Equality Act 2010

Equality Act 2010 (Amendment) Bill

Clause 1 – Addition of 'Queer' as a Protected Characteristic
In Part 2 of the Equality Act 2010, after Section 12 ("Sexual Orientation"), insert:

Section 12A – Queer Identity

  • A person has the protected characteristic of queer identity if they identify with or are perceived to embody sexual orientations, gender identities, or expressions that do not conform to conventional heterosexual, cisgender, or binary norms.
  • The protected characteristic of queer identity includes, but is not limited to, individuals who identify as non-binary, genderqueer, pansexual, asexual, or who reject fixed identity labels altogether.
  • The expression of queer identity includes non-normative presentations of gender, sexuality, and relationality, where such expressions may give rise to differential treatment, harassment, or discrimination.

Excerpt from Government Consultation Paper: "Expanding Equality—Inclusion of Queer Identity in Equality Protections"

1. Introduction

This consultation seeks public and expert input on a proposed amendment to the Equality Act 2010, to recognise "Queer Identity" as a protected characteristic. This proposal acknowledges the social reality that many individuals experience discrimination based on non-normative expressions of gender and sexuality, which may not be fully encompassed by existing categories such as "sexual orientation" or "gender reassignment".

2. Conceptual Framework

As social theorist Judith Butler notes, “categories of identity are never merely descriptive, but regulatory and exclusionary.” The term queer has historically functioned both as a slur and as a form of resistance—a way of naming oneself outside normative frameworks of sex, gender, and desire. The very elasticity of the term gives it power: it is not fixed, but capacious.

This amendment does not aim to crystallise “queer” into a rigid category, but to recognise the risk and vulnerability that accompany non-normativity. As society evolves, law must acknowledge that identity is not always linear, static, or legible within binary frames.

3. Legal Implications

Recognising queer identity as a protected characteristic would provide explicit legal coverage for individuals whose lived realities fall outside current legislative definitions. This includes:

  • Non-binary and genderfluid individuals who may not medically transition.
  • Individuals who reject traditional sexual orientation labels.
  • People who face discrimination not because of what they are, but because they visibly refuse or subvert social norms of gender and sexuality.

4. Questions for Consideration

  • Should "queer identity" be understood as a distinct protected characteristic, or should existing categories be broadened instead?
  • What are the risks of institutionalising a term that derives its power from resistance and fluidity?
  • How can statutory language balance clarity and inclusivity without foreclosing the multiplicity of queer lives?

Reflection

Adding “queer” to the Equality Act forces legal systems to grapple with what law often resists: ambiguity, instability, and refusal. The irony is that queer may only gain legal recognition by becoming what it resists—a stable, nameable category.

But this doesn’t have to be a contradiction. It could be an act of strategic essentialism (à la Spivak): using identity categories to gain rights, even while knowing they’re socially constructed.

OP posts:
Lurkinghomomale · 23/05/2025 19:48

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Chloe793 · 23/05/2025 19:52

Horrible term that seems to mean nothing and anything all at the same time.

Menopausalsourpuss · 23/05/2025 19:54

I personally think the Equality act is a load of bollocks and the sooner we get rid of it the better as its led to alot of the two tier justice we keep hearing about. It was written by Harriet Harman. Nuff said.

SionnachRuadh · 23/05/2025 20:03

I hate the word myself, but I'm probably on a losing wicket with that one.

I get the point though! If spicy straights want to be a protected group, they should emerge from under the rainbow umbrella and fight to have their own protected characteristic.

And the rest of us can comment as we please on their weird fetishes.

Gingernaut · 23/05/2025 20:05

No

It's such an nebulous and ever changing definition, it's meaningless

Trying to enshrine it in law would be like nailing fog to a wall

TheywontletmehavethenameIwant · 23/05/2025 20:06

To some gay people queer is as bad as the N word to black people so NO.

TheKeatingFive · 23/05/2025 20:15

What does it even mean? Blue hair?

ItsAllGoingToBeFine · 23/05/2025 20:42

Potentially covered already under religion / belief?

Delphinium20 · 24/05/2025 01:24

I'm still waiting for a coherent, distinct definition outside it being a slur for gay people.

ResisterOfTwaddleRex · 24/05/2025 22:49

Am I high?

BellissimoGecko · 24/05/2025 22:56

No, don’t be so silly. Gender reassignment and sexuality are PCs. That’s enough.

TempestTost · 24/05/2025 23:15

It does make me ponder how it is decided what things can be protected within various sorts of equality or anti-discrimination legislation. These sorts of laws are fairly young and in recent years there seems to be a push to include more and more kinds of qualities or categories.

I can see it becoming a problem.

And I do think, as a poster mentioned above, that sometimes it can lead to a kind of hierarchical thinking on harms. As if it's worse to be beat up, for example, because someone doesn't like your religion or sexual preference, than if they didn't like the way you dress or your musical tastes. Or just didn't like you personally.

RedToothBrush · 24/05/2025 23:43

Individuals who reject traditional sexual orientation labels

What could possibly go wrong here?

No safeguarding issues at all, to see here?

Dominoodles · 25/05/2025 00:09

'Queer' means nothing. Its a political/ideological identity. How often do you see straight, non-trans people calling themselves this? Equality and discrimination laws should be about immutable characteristics.

Not to mention the historical use of that word. Many still consider it a slur and writing it into law would be offensive to all those who suffered abuse with that word before it got 'reclaimed'

SingleAHF · 25/05/2025 06:16

Yes, plus I would add protection for people who are eccentric, weird, nerdy, anoraky, cranky, and who dress in an interesting fashion.

ChazsBrilliantAttitude · 25/05/2025 08:31

All of the protected characteristics can be clearly and unambiguously defined (even if it did require the Supreme Court to step in and state the bleeding obvious).

Age is measurable, pregnancy has one meaning, race and religion are categorised.

Queer means what the individual thinks it means for them.

I also have a strong belief that the only people who can reclaim a word are those who were the original targets of the abuse. No straight person can ever reclaim the word queer.

HardyCrow · 01/06/2025 10:37

SingleAHF · 25/05/2025 06:16

Yes, plus I would add protection for people who are eccentric, weird, nerdy, anoraky, cranky, and who dress in an interesting fashion.

indeed

MotherOfCatBoy · 01/06/2025 11:08

It would muddy the meaning of the legislation which I think (I could be wrong, but logically.. ) protects characteristics which the holder cannot help having. You can’t help or choose or change your sex, sexuality, age or race. Pregnancy and disability likewise are physical conditions you either have or you don’t. Religion can be so socially constructed and maintained that those who grow up with one cannot choose otherwise (although many opt out or choose another).
Gender identity and transition start to cross the line because they are to some extent chosen. If you add Queer to that list then you might as well add football team or profession or having a tattoo.

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