Legislative Definition of Sex

Debate between Judith Cummins and Miriam Cates

Monday 12th June 2023 Westminster Hall

[Miriam Cates (Penistone and Stocksbridge) (Con)]

When the Equality Act was passed in 2010, few doubted that Parliament’s intention was that sex should mean biological sex: either male or female, recorded at birth—an immutable characteristic. However, uncertainty has since arisen, specifically as to whether or not a person with a gender recognition certificate has legally changed their sex for the purposes of the Equality Act. Whatever the law actually says, the extent of the confusion is such that many people now believe that when someone expresses a desire to live as the opposite sex, that person then has a legal right to be treated as if they have changed sex.

This is not an academic argument. It has significant practical and safeguarding implications, as the outstanding work of Policy Exchange’s Biology Matters unit continues to reveal. Take the example of a tribunal brought against Sheffield Teaching Hospitals NHS Foundation Trust last year. A male catering employee known as V, who identified as a trans woman, was given permission to use female changing rooms. When female staff complained about being forced to undress with V—in particular, seeing him naked from the waist down—the issue was raised with V by a female manager. In response, V brought a harassment case against the trust and, unbelievably, won.

Instead of considering whether the manager acted reasonably in being concerned about the exposure of male genitals in the ladies’ changing room, the judge decided that V had been treated differently from another woman. The judge treated V as though his sex was female when the issue was the fact that his body was male. Of course, the women who complained about V were not discriminating against him because of his trans identity, but because he was male, and such discrimination is of course—

[Judith Cummins (in the Chair)]

Order. Can I check that this is a concluded case, please?

[Miriam Cates]

It is a concluded case.

The women were discriminating against him because he was male, and such discrimination is perfectly within the Equality Act if it is

“a proportionate means of achieving a legitimate aim”,

which in this case was to protect the integrity of single-sex spaces.

I have nothing but compassion for people whose biological sex is a source of distress; they should of course receive the best evidence-based treatments for gender dysphoria. But while a small number of people rightly have the protected characteristic of gender reassignment, everyone, including trans people, has the protected characteristic of sex—male or female. Where those protected characteristics collide, we must ensure that everyone is protected according to their sex and that proportionate accommodations are made to assist those who do not wish to use the facilities of their sex.

We must clarify the Equality Act to make it clear that sex means biological sex and to ensure that the providers of single-sex services and facilities understand and protect the single-sex nature of the provisions. It is extraordinary that in 2023—a time of unprecedented knowledge—we are arguing about the definition of something that has been known since the dawn of time. The most contentious question of our day has famously become “What is a woman?”—a question that no previous society has felt the need to answer.

Despite the semantic acrobatics employed by some to dodge the question, we all know, instinctively and intrinsically, what a woman is. The sex binary—the biological state of being either male or female—evolved hundreds of millions years ago, before we humans walked the earth. Being able to tell the difference between a man and a woman is not a matter of acquired knowledge. It is as instinctive as being able to tell up from down. Indeed, our survival as a species depends on it; if we want to reproduce, and to protect ourselves and our children, we had better know the difference between a man and a woman.

Men and women are different physically, psychologically, sexually and socially. All civilisations are built on an understanding of these differences, creating structures, rules and boundaries to protect women and children from male violence and to preserve the dignity of both sexes. There is nothing more destabilising to society than to dismantle the legal, social and cultural guardrails that protect women and children by pretending that males become females and vice versa, and allowing that to creep into our law.

While academic elites cave in to aggressive and misogynistic trans activism, ordinary women are frightened to go to hospital, ordinary men fear for the safety of their daughters in public toilets, ordinary children are subjected to a psychological experiment in which they are told they can choose their gender, and ordinary toddlers are used to satisfy the sexual fetish of adult men dressed as eroticised women. Understanding the difference between male and female underpins society, safety and security. We must clarify the Equality Act, and give ordinary people the certainty that our laws can be trusted to protect women and children and that sex means sex.

[Hannah Bardell (Livingston) (SNP)]

On a point of order, Mrs Cummins. I feel it is incumbent on me to make a point of order on the fact that trans people are being characterised as predators, and that is deeply undemocratic and deeply worrying. That is not what this debate is about. For the Member to be using such language is unparliamentary. I seek your guidance, Mrs Cummins.

[Judith Cummins (in the Chair)]

That is not a point of order because it is not a matter for the Chair.

[Miriam Cates]

Further to that point of order, Mrs Cummins. In response to the hon. Member for Livingston (Hannah Bardell), I was making the point that the vast majority of sexual predation is by men on women and children. That is what society has evolved to protect against.

[Judith Cummins (in the Chair)]

I thank the hon. Lady, but that is not a matter for the Chair. I call Dame Angela Eagle.