Decision

Council resolved to:

Support the following motion:

Council notes:

1. In November 2021, this council passed a motion titled ‘Becoming a trans inclusive Council’,[1] stating: “Trans women are women. Trans men are men. Non-binary people are non-binary”, and “Our aspiration is for Oxford to be a safe, welcoming and inclusive city for everyone, no matter their gender identity.”
2. Since the motion passing, the Supreme Court has defined “sex” within the Equality Act as “biological sex” and “sex at birth”.[2] These phrases don’t have agreed medical or scientific meanings and there is no agreed identification to substantiate them, other than self-identification.
3. Following the Supreme Court ruling, the Equality and Human Rights Commission (EHRC) updated its Code of Practice (CoP) on the Equality Act.[3]
4. LGBT+ organisations have warned the revised EHRC CoP creates new gaps in the UK’s equalities framework, with Stonewall stating “there is now a significant gap in equality protections for trans+ people in the UK”,[4] and Gendered Intelligence arguing the new situation “empowers those who want to exclude trans people from services” and “the Code – and the law in general – needs to be brought up to date”.[5]
5. Multiple councils have called for new legislation to protect the rights of trans and non-binary people following the new CoP.[6]
6. The CoP has been criticised by trade unions, with the TUC voting to ‘unequivocally condemn’ it “as a direct attack on LGBT+ equality”.[7]

Council believes:

1. The principles of the November 2021 motion still apply and reflect this Council’s beliefs.
2. Since that motion was passed, trans and non-binary people have been subjected to a manufactured moral panic which seeks to demonise their existence and undermine their rights.
3. Overly simplistic approaches to understanding sex, gender and sexuality can undermine the rights not only of trans and non-binary people, but also those of gender non-conforming cisgender people.
4. Trans and non-binary residents of our city deserve reassurance they will not be discriminated against in the provision of services, and that this council will work to ensure equalities legislation protects them.

 Council resolves:

1. To request

a)    The leader writes to the Minister for Women and Equalities calling for new legislation which extends trans and non-binary peoples’ rights and access to services.

b)    The leader and other relevant cabinet members engage with council bodies, local businesses and local trans rights groups to ensure the rights, dignity and privacy of trans and non-binary residents of Oxford are supported to the maximum extent permitted by law in the delivery of services.

c)    The Cabinet member for Healthy Fairer Oxford encourages officers to communicate to More Leisure this council’s support for an inclusive approach to accessing facilities and encourage More Leisure to ensure they continue to provide services which are, to the maximum extent permissible by law, appropriate to the self-identification of Oxford residents.

d)    The leader to commit to ensuring compliance with all relevant laws - including data protection, health and safety, and non-discrimination - self-identification should be sufficient in normal circumstances for access to facilities and services.

[1] https://mycouncil.oxford.gov.uk/mgAi.aspx?ID=31680

[2] https://commonslibrary.parliament.uk/research-briefings/cbp-10259/

[3] https://www.gov.uk/government/publications/equality-act-2010-draft-code-of-practice-for-services-public-functions-and-associations-2026

[4] https://www.stonewall.org.uk/shaping-policy/the-ehrcs-statutory-guidance-and-the-uk-supreme-court-ruling

[5] https://genderedintelligence.co.uk/news/33-updated-ehrc-code-of-practice-gis-response

[6] https://love.lambeth.gov.uk/lambeth-joins-councils-urging-government-to-protect-trans-peoples-rights-as-new-rules-risk-excluding-them-from-services/

[7] https://congress.tuc.org.uk/motion-17-oppose-the-ehrc-code-of-practice-services-public-functions-and-associations/#sthash.iox3H9vg.1L0LWolD.dpbs