Statement on EHRC Single-Sex Guidelines
Yesterday, the Minister for Women and Equalities has laid before Parliament the EHRC’s updated draft Code of Practice for services, public functions and associations, which provides guidance on adhering to the Equality Act 2010. The updates are primarily intended to reflect a reintepretation of the Act adopted in last year’s Supreme Court ruling in For Women Scotland. The Code is important because it can be cited in court and has a kind of statutory status in regulating institutions such as the LSE, although not expressly as an employer.
Unfortunately, the draft laid before Parliament contains many provisions that we believe are discriminatory towards trans people. The Code would essentially instruct service providers to treat trans people as a third sex to be relegated to separate facilities, while maintaining “single-sex” facilities circumscribed on the basis of “biological sex”. These provisions will surely be deeply distressing for our trans colleagues, students, and friends.
Aligning with strong national UCU policy on trans rights, it is our branch’s position that trans women are woman, trans men are men, non-binary identities are valid, and trans people exist as they say they do, no matter what any court or legislature says. That is as true today as it was yesterday. When the School conducted a “listening exercise” last year, the branch committee submitted detailed analysis of the ways in which “single-sex” facilities at LSE would be discriminatory. We remain fully committed to the positions set out in that submission.
It is unlikely that Parliament will block the Code in the 40-day window it now has to do so. But, we encourage you to make your views known to your MP. We will monitor developments in Parliament and at the School, and we will be in close contact with UCU staff and the LGBT+ Committee to get advice on next steps. If the only legal way to provide trans-inclusive facilities is for all facilities to become gender neutral, then that is what we will demand of LSE.
We want to sign off by speaking directly to our trans, non-binary, and other gender diverse comrades: We know how distressing this development is for you, and we are here to support you. You belong in this branch. You belong in this union. You belong at LSE. You are exactly who you say you are. And you do not have to fight alone.
In solidarity,
Ian Higham, Chair
Bryan W Roberts, Vice Chair
