Following the landmark Supreme Court decision on trans rights last month, the chairwoman of Equality and Human Rights Commission has stated that it is unacceptable to doubt the integrity of judges.
In the case For Women Scotland vs Scottish ministers, the Supreme Court ruled last month that, for the purpose of the Equality Act 2010 “sex” is biological sex, and “women”, biological women.
In The House, Baroness Falkner wrote that the public debate on this issue continues to be polarised. She said that parliamentarians would naturally highlight constituents’ issues.
They will express their opinion on whether the law strikes a balance between rights. It is unacceptable to criticize the integrity of the regulator or the judiciary as some have done.
The Green Party has called for the withdrawal of a EHRC Update that was published last week on the practical implications.
Falkner stated that the EHRC enforces and upholds the Equality Act. This means incorporating Supreme Court rulings into their guidance and explaining the meaning to employers, service providers, and other duty bearers who must implement it.
She wrote: “I am not under the illusion that we will be universally popular after serving as chairwoman for more than four years.” “Yet, our response will remain firmly grounded in law.” I can reassure those who depend on us that the EHRC’s explanations of equality laws will be accurate and authoritative. “That is our job.”
I urge every legislator to read this judgment in its entirety” – Baroness Falkner
She stated that the EHRC had been calling on the government and parliament for the past two years to reconsider redefining “sex” in the Equality Act. They also wanted to discuss the issue, identify any potential consequences of the change, and determine the least discriminatory solution.
She said, “But now the Supreme Court’s unambiguous decision has clarified what law is.” “I implore every legislator to read this judgment in its entirety. I regret the uncertainty that may have been created amongst duty-bearers and public, fueled by misunderstandings and distortions, especially on social media. This judgment is an example of clarity.
The law is in effect immediately. The Equality Act requires that those with duties to follow it and seek specialist legal advice when necessary.
The EHRC announced that it would launch a consultation for two weeks to better understand the practical implications to the judgement later this month. This will help to inform a code of practice which will be presented to ministers by the end June.
Falkner said: “As Britain’s equality regulator we will ensure that every characteristic protected under the Equality Act is protected, including sexual orientation, gender reassignment, and sex. We will promote equal rights and combat discrimination of all kinds.
It is important to have a shared understanding and accurate knowledge of our laws on equality.
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