Sex is one of nine protected characteristics under the Equality Act 2010. It is unlawful to discriminate against a person on the basis of any protected characteristic. In response to a request from the Government for advice, the EHRC has recommended that the Government explore redefining the term 'sex' to mean biological sex only. This would reduce the legal weight of gender recognition certificates, which are documents that legally affirm a person's gender.
In response to the EHRC's recommendations, Stonewall published a letter signed by a coalition of LGBTQ+ organisations criticizing the advice and the EHRC as an institution. The letter described the EHRC's advice to the Government as an attempt to 'roll back' trans rights.
The EHRC has rejected these claims, arguing that the Government should consider simplifying the legislation so that all trans people have the same rights under the Equality Act, in order to provide certainty to people across the gender spectrum. In defending its position, the EHRC relies on the fact that it is not advising the Government to remove the protected characteristic of gender reassignment from the Equality Act.
The EHRC recognises that the Government would need to carefully explore the implications of its advice before making any amendments to the Equality Act. The Government is yet to respond to the EHRC's recommendation.