Transnegation Roundup/2020/09/20/1
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No Right to Access Single-Sex Spaces
- 2020-09-20 06:57 @AnnMSinnott “This a distortion of the law. Trans people do not have a legal right to access single-sex spaces. They can be excluded if it is a proportionate means to achieve a legitimate aim. Such exclusion doesn't equate to gender reassignment discrimination -Equality Act Sch 3, Part 7, s28”
At all? Did Ann really mean to say that? That would be, like, unless there's a "trans bathroom", you can't use the loo.
However, the law doesn't seem to back up her conclusion that "trans people do not have a legal right to access single-sex spaces". As far as I can tell, it says the opposite: they may not be denied access or harassed, regardless of the provider's religion or sexual orientation, except for certain practical reasons as given in item 738 of the Notes:
- Equality Act 2010: index to the whole thing
- Explanatory Notes: Commentary on Sections: Part 16: Schedule 3: Part 7: Separate and single services: item 738 refers to "paragraph 28", which is presumably what is meant by "s28"[1], which goes to:
- Equality Act 2010: SCHEDULE 3: Part 7 - Gender reassignment: Paragraph 28 "A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim." Sub-paragraph two is basically provision of sex-segregated services.
- Equality Act 2010: Part 3 - Provision of services, etc.: Section 29: long list of rules, mostly "service-provider must not" harass, discriminate, victimise, etc.
- Item 738 in the "notes", meanwhile, lists some specific exceptions to the Section 28/29 rules, none of which affect the general principle that trans people have a right to access same-sex spaces matching their gender identity. The exceptions are all about practical considerations (no medical need, lack of demand) or personal services where a provider's comfort is important.
- Equality Act 2010: SCHEDULE 3: Part 7 - Gender reassignment: Paragraph 28 "A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim." Sub-paragraph two is basically provision of sex-segregated services.
- Explanatory Notes: Commentary on Sections: Part 16: Schedule 3: Part 7: Separate and single services: item 738 refers to "paragraph 28", which is presumably what is meant by "s28"[1], which goes to:
- ↑ The link given is bad. Hunting through archive.org, it was apparently never correct, but in May 2013 there was a redirect in place which had disappeared by 2018. I got the correct link by letting archive.org follow that redirect.