Lots of constituents have contacted me about the recent Supreme Court judgement on the interpretation of the Equality Act 2010. I’m sorry to hear of the concern this has caused and I know that many trans people are worried about what it may mean.

The first thing I want to say is that trans people should be treated with dignity, respect and equality in law, just as we would expect all people to be so treated. It is a basic human right and I deplore those who attack, belittle or otherwise mistreat trans people.

On the Supreme Court judgement, it decided that references in the Equality Act 2010 to “man”, “woman” and “sex” were references to biological sex (meaning “the sex of a person at birth”). The judgment has not, however changed the law. What it has done is to give an authoritative interpretation of the legislation as it was enacted.

The Equality and Human Rights Commission is currently working on a new statutory code of practice to help service providers, public bodies and associations to understand their duties under the Equality Act.

As part of this, the Commission is consulting and seeking views, and I believe it is essential that it listens to as wide a range of voices as possible. Ministers will review the code of practice when it is ready.

The Government continues to support protections for trans people in law – while also protecting single-sex spaces – and the Supreme Court also said that the ruling doesn’t change the legal protection for trans people in other respects and it will not have the effect of disadvantaging or removing protections from trans people. This is because, in addition to protection based on the protected characteristic of gender reassignment, trans people are also protected from discrimination based on being perceived as, or associated with, a sex which differs from their biological sex.

You may find this more detailed briefing helpful.

https://commonslibrary.parliament.uk/research-briefings/cbp-10259/

I believe strongly that trans people should be treated with equal respect and be able to live their lives in the same way as anyone else, free from discrimination and any harassment.

In support of this, the Government is committed to making all existing strands of hate crime an aggravated offence. At present, crimes motivated by race and religion are aggravated offences, whereas crimes motivated by sexual orientation, disability and transgender identity are not. The Government will also deliver a full trans-inclusive ban on conversion practices, while protecting the freedom of people to explore their sexual orientation and gender identity.

All of us should take care when discussing these issues and understand that this is not a debate to exploit, but that it’s about people’s lives. I will remain steadfast in my commitment to upholding Britain’s long-standing record of protecting people’s rights.

Trans people must be free to live their lives as they wish without fear of persecution, and the majority of people believe in the old saying ‘live and let live.’

Thank you once again for contacting me about this very important issue and I hope I have been able to offer some reassurance.

Yours sincerely

Rt Hon Hilary Benn
MP for Leeds South
Secretary of State for Northern Ireland