The Tories have pledged to overhaul equality laws to redefine what the term “sex” means in law.
The Conservatives say amending the Equality Act to define the characteristic of sex as biological sex and not “redefined meanings of the word”, will improve the safety of women and girls in single-sex spaces.
The party claims that the act, passed by Labour in 2010, has not kept pace with evolving interpretations and is not sufficiently clear on when it means sex and when it means gender.
It says the proposed change to the law will not remove the existing and continuing protections against discrimination on the basis of gender reassignment provided by the Equality Act.
The sex of those with a Gender Recognition Certificate will still align with their acquired gender in law outside the Equality Act.
Under the new scheme the Conservatives will also establish in law that gender recognition is a reserved matter, as they say “this will mean that an individual can only have one sex in the eyes of the law in the United Kingdom”.
Rishi Sunak, who issued the pledge after his party fell further behind Labour in the latest poll, said: “The safety of women and girls is too important to allow the current confusion around definitions of sex and gender to persist.
“The Conservatives believe that making this change in law will enhance protections in a way that respects the privacy and dignity of everyone in society.
“We are taking an evidence-led approach to this issue so we can continue to build a secure future for everyone across the whole country.”
Last year, the minister for women and equalities Kemi Badenoch wrote to the Equality and Human Rights Commission (EHRC) seeking further guidance on the issue.
Ms Badenoch said public bodies are acting out of “fear of being accused of transphobia”.
She said: “Whether it is rapists being housed in women’s prisons, or instances of men playing in women’s sports where they have an unfair advantage, it is clear that public authorities and regulatory bodies are confused about what the law says on sex and gender and when to act – often for fear of being accused of transphobia, or not being inclusive.
“That is why we are today pledging that, if we form a government after the election, we will clarify that sex in the law means biological sex and not new, redefined meanings of the word.
“The protection of women and girls’ spaces is too important to allow the confusion to continue.”
