Legislative Definition of Sex
Debate between Lloyd Russell-Moyle and Jess Phillips(10 months, 3 weeks ago)
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Lloyd Russell-Moyle
I appreciate that, and coming from a biologist that is important to note. People are complex. That is why flexibility in the current law is important. By defining things too much, what we suddenly do is assume that everyone lives in these easy, binary boxes. The current principle of the law, as my hon. Friends have mentioned previously, is that general and specific discrimination should not happen, but there are a number of exceptions for people with protected characteristics where discrimination can happen to provide specific spaces. We know that this can be on sex, race, disability and on gender reassignment.
However, the ability to have flexibility on one’s determination, such as in an organisation or on a specific place-by-place basis, is important. Survivors’ Network in my constituency, the predominant organisation supporting survivors of abuse, has for over 30 years decided to take a trans-inclusive approach to how it treats women’s spaces. That has been done through working out what the local need is for the service provision. The majority of providers in Britain choose to draw the line on biological sex. Both are legal. Because of the flexibility in the law, both can be determined.
What would happen if we then made a strict rule that the discrimination could only happen according to biological sex? Survivors’ Network would be barred from the flexibility that was dreadfully important in providing its inclusive service in our city. Moreover, we would have a legal provision that would prevent a trans man going to use male changing room facilities. I believe that in many respects we should try to find accommodation. A lovely new swimming pool has opened up in my constituency. It has fantastic changing facilities, with all individualised cubicles and individualised facilities. Gender is not an issue.
Jess Phillips
I have seen it come about that we now have non-gendered areas, and I have to say that I think there is a bit of a red herring. Lots and lots of women would still like to have a women’s changing area, but I have seen the solution to the issue being non-gendered areas.