UK Transgender Athletes May Have to Compete with Biological S*x, Says Kemi Badenoch

Transgender athletes in the UK may have to compete alongside their biological s*x under the Conservatives’ plans to “clarify” equality laws, according to Kemi Badenoch.

The cabinet minister told Sky News that her party is “not giving instructions” to different sporting bodies but is “making it very clear what the law is,” emphasizing the difference between gender identity and biological sex.

As part of their latest election offer, the Tories pledged to amend the Equality Act to define the protected characteristic of s*x as “biological s*x.”

'What we are trying to stop is the scenario where people who have gone through male puberty tower over much smaller females.'@KemiBadenoch speaks about what the Tories pledge to change the Equality Act will mean for professional sports participation https://t.co/vzcyBn4QOX pic.twitter.com/iVSJd5mWPW

— Sky News (@SkyNews) June 3, 2024

Critics have accused the Conservatives of seeking to stoke divisions and demonize transgender people for votes, raising concerns about implications for sports and access to female-only spaces.

When asked what the law would mean for transgender athletes, Badenoch explained that it would not bar them from competing, but they “may have to compete with their biological s*x” in some cases.

She stated that s*x categories in sports exist for a specific reason, and it is up to sporting bodies to manage these categories.

Badenoch clarified that the government has not restricted transgender people from using specific toilets. She emphasized that businesses must provide single-s*x toilets, arguing that genuine inclusion means accommodating everyone without excluding anyone.

The Equality Act currently prohibits discrimination based on s*x. Badenoch, the women and equalities minister, insisted that the proposed reforms are not a change but a re-emphasis of the status quo. She noted that confusion has arisen from using s*x and gender interchangeably, leading to misinterpretations of the law.

Badenoch questioned why the government had not made the change, citing the SNP’s controversial gender recognition legislation as a significant distraction. She first suggested the idea in April last year, seeking advice from the human rights watchdog.

LGBTQ+ charity Stonewall criticized the proposal, warning that it risks fueling a “manufactured culture war” with little benefit to women, both cis and trans.

Labour has stated that if elected, it would not amend the Equality Act, arguing that existing provisions already protect single-s*x spaces. Instead, it advocates for more precise guidance rather than new legislation.

The Liberal Democrats accused the Tories of engaging in “phoney culture wars,” while Lee Anderson, the former Tory deputy chairman turned Reform candidate, called the plan “madness.” Prime Minister Rishi Sunak emphasized the need for clarity, stating that the safety of women and girls is too essential to allow current confusion to persist.

Badenoch argued that the change is necessary because public bodies are acting out of “fear of being accused of transphobia.”

The proposed changes will not remove protections against discrimination based on gender reassignment in the Equality Act.

Under the Conservatives’ proposal, individuals with a Gender Recognition Certificate will still have their acquired gender recognized in law outside the Equality Act, such as in marriage law.

Additionally, the Tories plan to establish in law that gender recognition is a reserved matter, ensuring that an individual can only have one legal sex in the UK.