A key architect of the UK’s Equality Act has stated that the Supreme Court’s recent ruling on the legal definition of a woman conflicts with the legislation’s original purpose. Melanie Field, who led the drafting of the 2010 act, said it was designed to grant transgender individuals with gender recognition certificates (GRCs) the same sex discrimination protections as biological men and women.
The court ruled this week that the term “woman” in the Equality Act refers solely to biological females a decision Field called a “very significant” departure from Parliament’s intent when passing both the Equality Act and the Gender Recognition Act 2004. She warned of potential “unintended consequences” for trans and natal women and men across various sectors, including healthcare and sports.
Former Supreme Court justice Lord Sumption clarified that while institutions may exclude trans women from single-sex spaces like sports, they are not required to do so. Meanwhile, the Equality and Human Rights Commission (EHRC) is preparing new guidance on how the ruling affects services such as single-sex toilets and sports.
The judgment maintains that trans people retain protections against harassment and discrimination under equal pay laws, but its wider implications have sparked debate over the balance between trans rights and single-sex provisions.
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