State IntegrityReceipts, not verdicts

Petitions to Parliament · 2019 to 2024 Parliament (archived)

Update the Equality Act to make clear the characteristic “sex” is biological sex

The Parliament petitions site records 109,461 signatures for this petition, which closed on 20 April 2023. The Government responded on 26 January 2023. MPs debated it in Westminster Hall on 12 June 2023.

Signatures
109,461
final count
Government response
26 January 2023
Cabinet Office
Debated
12 June 2023
Westminster Hall

The petition

The petition's creator is not named in the Petitions site's published record. Quoted in full from the UK Parliament petitions site.

Update the Equality Act to make clear the characteristic “sex” is biological sex

The Government must exercise its power under s.23 of the Gender Recognition Act to modify the operation of the Equality Act 2010 by specifying the terms sex, male, female, man & woman, in the operation of that law, mean biological sex and not "sex as modified by a Gender Recognition Certificate"

The Equality Act 2010 covers nine separate protected characteristics, including “Sex” & “Gender Reassignment”. This protects people against sex discrimination and discrimination because a person is transgender.

There has been much confusion about how the Equality Act and GRA interact. This has caused uncertainty and conflict for women, transgender people, and service providers. The GRA includes a provision to amend other laws to make it clear whether a GRC changes the definition of sex for that law.

The Government's response

The Government published its response on 26 January 2023; the petitions site lists the Cabinet Office as responsible. Its summary:

Under the Equality Act 2010, providers are already able to restrict the use of spaces/services on the basis of sex and/or gender reassignment where justified. Further clarification is not necessary.

The response in full:

The Equality Act 2010 provides protection against discrimination, harassment and victimisation across a number of grounds, including sex. We are committed to upholding Britain’s long-standing record of protecting the rights of individuals against unlawful discrimination.

The Equality and Human Rights Commission (EHRC) have published guidance on the existing legislation which provides much needed clarity to those offering single-sex spaces. It does not change the legal position or the law.

As the guidance makes clear, it is entirely acceptable for providers of single-sex services to take account of the biological sex of their service users. Where it is a proportionate means of achieving a legitimate aim, the Equality Act 2010 is clear that service providers can exclude, modify or limit access for transgender people, even where they have a Gender Recognition Certificate (GRC). This includes where a service provider has concerns that the presence of individuals who are biologically male could prevent them from meeting their aims, such as in the example below, included in the guidance:

“A group counselling session is provided for female victims of sexual assault. The organisers do not allow trans women to attend as they judge that the clients who attend the group session are likely to be traumatised by the presence of a person who is biologically male.”

It is important that providers of single-sex services are clear that biological sex can be taken into consideration when providing services.

The Government is committed to maintaining the safeguards that allow organisations to provide single-sex spaces. It is important that the principle of being able to operate spaces reserved for women and girls is maintained. Government is committed to tackling harassment and abusive behaviours by all individuals, and ensuring single-sex spaces are safe for those using them.

Cabinet Office

Where the signatures came from

Signatures came from 650 constituencies on the boundaries used until the 2024 general election. The largest number, 790, came from Edinburgh North and Leith.

107,377 of the signatures were from the UK and 2,084 from elsewhere, by the location signers gave.

Ten constituencies with the most signatures (2010 Westminster constituencies (used until the 2024 general election)).
ConstituencySignatures
Edinburgh North and Leith790
Edinburgh South637
Edinburgh East566
Edinburgh South West553
Edinburgh West546
East Renfrewshire512
Hornsey and Wood Green504
East Lothian483
East Dunbartonshire472
Argyll and Bute450
Signatures by region and nation, as published by the Petitions site.
RegionSignatures
Scotland19,728
South East16,337
London14,482
North West9,483
South West9,414
East of England9,104
Yorkshire and The Humber6,746
West Midlands6,108
East Midlands5,551
Wales4,721
North East3,175
Northern Ireland1,795

Debate in Parliament

MPs debated the petition in Westminster Hall on 12 June 2023. Read the debate in Hansard. House of Commons Library debate pack.

Source and receipt

The petition's words are its creator's and the response is the Government's; this site quotes both and gives no view on either. Signature counts can still change while a petition is open. To report an error, send a correction request.