Towards the end of her life, I was a friend of the writer Jan Morris. I had known her for many years and, much to my regret, had declined an offer to do her “tell all” interview when she transitioned. Jan presented herself as a woman and had undergone an operation. To me she was simply a remarkable woman. She touched, sometimes humorously, on embarrassing incidents in her life. But it never occurred to me that a legal ruling might hover over our restaurant table and block her from going to the ladies.
Last April, the supreme court issued a ruling confirming that the word “sex” in the Equality Act 2010 refers to biological sex, not a person’s legal gender. This has a wide-reaching impact on how equality law is applied in practice, particularly in providing sex-based rights such as single-sex spaces. Six months later, a draft code on the ruling’s implementation was sent by the Equality and Human Rights Commission (EHRC) to the equalities minister, Bridget Phillipson. She has been sitting on it ever since, pleading for more time.
