Thread by @RadFemLawyer

The Gender Recognition Act Consultation is now open:

"We want to be absolutely clear – we are not proposing to amend the existing
equality exceptions relating to single- and separate- sex services in the Equality
Act."

#GRAConsultation

It starts with this, which is repeated throughout the documentation:

"The consultation focuses on the Gender Recognition Act 2004.
We are not proposing any amendments to the Equality Act 2010."

It goes on, quite forcefully to say:

"This consultation does not consider the question of whether trans people exist, whether they have the right to legally change their gender, or whether it is right for a person of any age to identify with another gender, or with no gender."

"Trans and non-binary people are members of our society and should be treated with respect. Trans people already have the right to legally change their gender, and there is no suggestion of this right being removed."

"This consultation simply asks how best government might make the existing process under the Gender Recognition Act a better service for those trans and non-binary people who wish to use it."

The Equality Impact Assessment also states:

"The consultation is not expected to have an impact on the need to eliminate
discrimination and other prohibited conduct on grounds of sex."

But does say:

"The fact that the Government has no intention to change the Equality Act 2010 should help to reduce concerns."

Also surprising, but sensible, is this:

"The Government has decided not to consult on reducing the age limit at this
time."

No age change for GRCs, for now.

The consultation even talks about the impact on lesbians.

IT TALKS ABOUT LESBIANS!

"Some lesbian groups are opposed to any relaxation of the requirements and the proposals may impact negatively on the need to foster good relations between trans people and these groups..." 1/2

"...This impact can be mitigated by the consultation itself, which permits these concerns to be discussed and taken into account, and by maintaining the exceptions in the Equality Act." 2/2

This consultation has legal input written all over it and I am a little bit DELIGHTED.

You can tell from the Equality Impact Assessment here: assets.publishing.service.gov.uk/government/upl…

A must read too is the legally robust: "Annex C: Equality Act 2010 - list of exceptions"

assets.publishing.service.gov.uk/government/upl…

There are good questions in the consultation that they seek input on:

"Do you think that the operation of the single-sex and separate-sex service
exceptions in relation to gender reassignment in the Equality Act 2010 will be
affected by changing the Gender Recognition Act?"

"(B) If you provide a single or separate sex service, do you feel confident in
interpreting the Equality Act 2010 with regard to these exemptions?"

Something I hoped they would look at is s.22 GRA, which they do in this question:

"Do you think the privacy and disclosure of information provisions in section 22 of the Gender Recognition Act are adequate?"

Lots to say here in response to all these questions. I'm sure there will be much debate over the next few days and weeks.

TL;DR? They're listening.

#GRAConsultation

The GRA can be a whole lot clearer. It needs to use the terms sex and gender more appropriately at the very least. Opportunity for that clarity is now here.

In relation to the Equality Act:

"The Government does not intend to make any amendments to the existing exceptions in the EA 2010 associated with the ‘gender reassignment’ protected characteristic."

"However, the Government recognises that concerns have been raised about the potential implications of reforming the GRA on the operation of these."

@ManFRIDAY_ et al.

As such, the Government is keen to collect evidence and opinion from all voices about the potential implications of GRA reform on the EA in order to inform its decision making. In particular, the Government is interested on what having a GRC might mean for the [EA] exceptions."