Sunak vows to legally protect 'biological sex' if Tories win election in key trans pushback

Trans flag/Sunak

The PM will pledge to rewrite the Equality Act if he's reelected

Getty/PA
James Saunders

By James Saunders


Published: 03/06/2024

- 07:29

'Biological sex matters... This isn't a "culture war" - this is something that many people care about!', Culture Secretary Lucy Frazer said

The Prime Minister will vow today to legally enshrine "biological sex" under English law if he is successfully reelected in a bid to protect women-only spaces.

Sunak will make the key manifesto pledge later today - which will see a section of the Equality Act, which protects against discrimination on "sex" grounds, changed to mention "biological sex" in a move to cast off doubts about where trans people sit under the law.


Under the PM's plans, trans women - people whose "biological sex" is male, but identify as female - would be barred from places like women's prisons and domestic abuse victims sessions; that is, they would be given the same legal standing as men.

The move would also ring-fence women's sport in order to stop "biological male" competitors entering female competitions - which has been met with significant praise by Culture Secretary Lucy Frazer.

Trans flag/SunakThe PM will pledge to rewrite the Equality Act if he's reelectedGetty/PA

Sunak said on Sunday: "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."

The Culture Secretary said "Biological sex matters... This isn’t a 'culture war'. This is something that many people care about.

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Lucy Frazer

Culture Secretary Lucy Frazer said "we have spent decades fighting for equality and fairness - let’s not stop now"

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"It's about protecting rights where they matter, like they do in sport... Transgender athletes, with all the advantages of male puberty, have an undeniable edge over women and girls.

"Adding clarity to the law will help those who run clubs and who are seeking to give women privacy and safety the support they need, whilst also providing facilities for others who need them.

"The integrity and safety of women's sport will be guaranteed by this crystal-clear law change. We have spent decades fighting for equality and fairness. Let’s not stop now," Frazer wrote in the Telegraph.

A key feature of the proposed law change would bring the UK's devolved assemblies into lock-step with Westminster; Sunak's plans would see powers to legislate on gender issues retracted to a UK scale, rather than letting, for example, Scotland set its own policy.

\u200bKemi Badenoch

Kemi Badenoch said public authorities and regulatory bodies were "confused" on how to act thanks to the threat of transphobia accusations

PA

A Government spokesman said: "We are one United Kingdom and it has become apparent that it is impractical for gender recognition regimes to vary in different parts of the country."

Equalities Minister Kemi Badenoch 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."

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