EHRC: study impact before redefining ‘sex’

The Equality and Human Rights Commission (EHRC) has told the government it needs “detailed policy and legal analysis” before changing the definition of “sex” in the Equality Act 2010 to mean “biological sex”.

Responding to a request for advice from women and equalities minister Kemi Badenoch, the EHRC said the government should “carefully identify and consider the potential implications” of any such change.

Redefining sex as biological sex, “could bring clarity in a number of areas, but potential ambiguity in others,” commented EHRC chairwoman Baroness Kishwer Falkner. “We recommend detailed policy and legal analysis be undertaken … with due regard to any possible disadvantages for trans men and trans women.”

The change in definition could mean trans people are excluded from single-sex places and activities, but the EHRC pointed to areas where the current act is unclear in its use of the terms “sex” and “gender”. It identified eight areas where clarity would be improved, including pregnancy and maternity, positive action and sport, plus others where it could create ambiguity, such as equal pay and discrimination.

The response was welcomed by campaign group Sex Matters but criticised by LGBTQ+ charity Stonewall, who said it was “fundamentally wrong” to imply that trans women do not experience sexism due to biological sex.

Falkner called for a less polarised discussion. “There is a clear need to move the public debate on issues of sex and gender to a more informed and constructive basis,” she said.