Equality Act 2010
Equality Act 2010

Thank you for writing to me so passionately and honestly about the Equality Act 2010 and the UK Government and Parliament petition ‘Commit to not amending the Equality Act’s definition of sex’.

Firstly, I would like to assure you I am absolutely committed to trans rights and ensuring trans people can live their lives with equality, dignity and respect. In my view everybody should be able to be their true self, and nobody should suffer discrimination, abuse or violence because of who they are. 

In short, I have always believed that Trans rights are human rights. We must ensure trans people can access the support and services they need, and we must do everything we can to tackle discrimination, hatred and bigotry against the trans community.

As you may know, the Government responded to the petition in January saying: “There are processes with appropriate checks to allow for those who wish to legally change their gender. Changes to the Equality Act are not necessary.” The full Government response is on the petition website.

Then, in February, the Women and Equalities Minister wrote to the Equality and Human Rights Commission (EHRC) to ask for its advice on the definition of the protected characteristic of sex in the Equality Act. The response from the Chair of the EHRC said: “A change to the Equality Act 2010, so that the protected characteristic of ‘sex’ means biological sex, could bring clarity in a number of areas, but potential ambiguity in others.” The EHRC recommended detailed policy and legal analysis to be undertaken, in compliance with the Public Sector Equality Duty and with due regard to any possible disadvantages for trans men and trans women.

In response to a Written Question, on 24 April the Equalities Minister advised that “no decisions on any next steps have been made.”

As you rightly highlight, the petition is scheduled for a debate on 12 June. This will be an important opportunity for MPs to again attempt to seek clarification on the Government’s exact plans from a Government Minister. Any proposals the Government finally brings forward will need to be looked at very carefully, and every viewpoint needs to be heard respectfully.

I am incredibly proud of the way in which the Equality Act has strengthened people’s protections from disadvantage and discrimination. Therefore I firmly believe that we must not weaken its protections for people with protected characteristics.

More widely, I am proud of the work done by my colleagues both past and present that has taken Britain forward, such as same-sex civil partnerships, better maternity and paternity leave, and the minimum wage. 

I am committed to restoring the UK’s rightful place as a beacon of LGBT+ equality by banning all forms of conversion therapy, building consensus and modernising the gender recognition process and introducing tougher sentences for LGBT+ hate crime.

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