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Equality Act 2010

Kevin Aylward B.Sc.

Abstract

This paper presents the view that organizations that allow specific statements, and views that those statements represent, by those of a certain classification and sexual orientation, but do not allow equivalent statements by those of a different classification and sexual orientation or views that contradict such statements, are in violation of the Equalities Act 2010. 

In particular the enforced codes of conduct and viewpoints that allow expressions that, for example, "transwoman are woman" but disallow expressions and conduct such as "transwoman are men" indirectly discriminate against the sexual orientation of others that hold opposing views.

Typically, any sexual conduct and sexual views that are contrary to "transwoman are woman" and "transmen are men" are discriminated against such that  those engaging in such statements and or holding associated views, are prevented from doing so. 

The Equality act states that it is unlawful for an organization to:

Equality Act 2010


19    Indirect discrimination

(1)    A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.

(2)    For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if—

(a)    A applies, or would apply, it to persons with whom B does not share the characteristic,

(b)    it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,

(c)    it puts, or would put, B at that disadvantage, and

(d)    A cannot show it to be a proportionate means of achieving a legitimate aim.

Allowed

An organization will allow such statements and views such as:

1 "Transwomen are women" 

2 Transmen are men" 

Disallowed Statements And associated Conduct And  Viewpoints

An organization will disallow allow statements and views such as:

3 "Transwomen are men"

4 "Transmen are women" 

These statements are almost universally understood to mean as written, that is, as given by their dictionary definitions. In any event the objections to the statements are precisely because they are understood as written. That is, a woman is an adult human female and a man is an adult male. 

They inherently imply, that transwoman consider biological males as sexual partners and transmen consider biological females as as sexual partners, and it is that assumption that forms the core to the objections of 1 & 2 that individuals  desire to rebut with statements 3 & 4.

Equality Act Conflicts

The disallowing of the statements 3 & 4 put those of a different sexual orientation and class of those that have no issues with statements 1 & 2, at a particular particular disadvantage, and treats them unfavorable to those of the sexual orientation and class that have no issues with 1 & 2.

The reason for this is:

1 A heterosexual male will not usually be sexually attracted to a transwoman because a transwoman is biologically male

2 A homosexual female will not usually be sexually attracted to a transwoman because a transwoman is biologically male

3 A heterosexual female will not usually be sexually attracted to a transman because a transman is biologically female

4 A homosexual male will not usually be sexually attracted to a transman because a transman is biologically female

That is, a transwoman is allowed to state their own sexual preferences by "transwoman are woman".

A heterosexual man that objects to the notion that a transwoman is equivalent to a biological female, is prevented from stating their own sexual preferences by stating "transwoman are men". The "transwoman are woman" statement is favorable to homosexuals, but unfavorable to heterosexuals. Thus refusing a rebuttal of this statement discriminates against heterosexuals. 

A homosexual woman (lesbian)  that objects to the notion that a transwoman is equivalent a biological female, is prevented from stating her own sexual preferences by "transwoman are men". The "transwoman are woman" statement is favorable to gays, but unfavorable to lesbians. Thus refusing a rebuttal of this statement discriminates against lesbians. 

Thus those that declare that they are "transX" are allowed to engage in behaviour and views based on their sexuality that are not equivalently allowed for those that do not  declare that they are "transX" .

That is, organizations do not allow all views of sexuality to be equivalently expressed by all. 

These differences in allowed expression are fundamentally based on the sexual orientation of those of a certain class (trans or non trans), and thus in conflict with the Equalities Act 2010

Notes

The Equality Act 2010 protects sex, sexual orientation and gender reassignment. Gender itself is not a protected characteristic.

Homosexual, by definition, is same sex attraction, not gender. 

Heterosexual by definition, is opposite sex attraction

Without a GRC, a transwoman, by law is a man.

Links

Human Rights & The Trans Lobby 

Gender & Biology

Social & Physical Constructs

 

© Kevin Aylward 2021

This work may be freely published provided it is done so without charge

so long as this source is noted

Website last modified 10th February 2021

www.kevinaylward.co.uk