Public sector struggling to define what a woman is, trans report finds
Public sector workers and trade unions are widely refusing to accept the Supreme Court's judgment on what a woman is, a think tank has warned.
A new study by Policy Exchange shows that dozens of organisations across the public, private and charitable sectors have continued to question the legal meaning of 'a woman', despite the ruling.
In April, the court ruled that the term 'woman' refers to a biological female in the Equality Act 2010.
The decision means trans women, who were born male, should use men's toilets, changing rooms and other single-sex spaces, contradicting the previous stance of a string of public sector organisations.
Policy Exchange's report, the fifth edition of its 'Biology Matters Compendium', compiles examples of organisations refusing to acknowledge the legal force of the court's judgment.
These include universities, professional bodies and several trade unions, along with other public bodies.
Rosie Duffield, the gender-critical MP who left the Labour Party last year, hailed the report and said it showed that 'radical positions on gender identity have become deeply embedded and it will be the work of years to rectify it'.
Ms Duffield wrote in the foreword: 'There should be no illusions that this is over: there will be many more battles to fight before women's sex-based rights are secure.'
Lara Brown, the author of the report, said that 'despite progress, our latest edition of the Biology Matters Compendium reveals there is still a great deal of ideological capture in the policy and practice of many public institutions'.
'The defence of sex-based rights does not end with a court ruling. It requires persistent scrutiny, open debate, and the courage to challenge ideological orthodoxy – wherever it may reside. This compendium finds that in this domain, there is still much more to be done.'
The report notes that at least seven major trade unions have appeared to question the ruling in recent months.
Unison, one of the UK's largest unions, and the University and Colleges Union, which represents academic and support staff in further and higher education institutions, have warned of the judgment's 'harmful implications'.
The Fire Brigades' Union has said in response to the ruling that 'the law is not always on the right side of history'.
The Associated Society of Locomotive Engineers and Firemen (Aslef) released a statement on social media saying that it 'recognises the distress and uncertainty that the Supreme Court's ruling about the definition of sex in the Equality Act 2010 has caused to trans and non-binary communities.'
The union declared: 'We have a proud history of championing the rights of our trans and non-binary members and we continue to stand in solidarity with them.'
A collection of unions, including Unite, the civil service union PCS, the RMT and the BFAWU, a food industry union, have staged marches against the Supreme Court's decision, with one leading figure declaring that 'the trade union movement will protect and stand with trans people, whether the law cares or not.'
Policy Exchange's report also draws attention to professional bodies such as the British Association for Counselling and Psychotherapy continuing to describe gender self-identification as 'valid'.
After the Supreme Court judgment, a number of public bodies announced plans to change their policies on gender recognition.
Within days, the British Transport Police announced that trans women could in future only be strip-searched by male officers.
The NHS was also told by the Equality and Human Rights Commission, the equalities watchdog, to change guidelines that did not fit the newly clarified legal settlement.
The Football Association announced that athletes would have to compete in their biological sex categories, going forward.
But other bodies were more reluctant to accept the ruling. The British Medical Association, the doctors' union, branded the Supreme Court's decision 'scientifically illiterate'.
Meanwhile, the National Police Chiefs' Council said it would 'not rush' to change rules on strip-searching in order to fall in with the court's decision.
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