Rejected petition Review with transgender involvement: The legal definition of a woman in Wales to include trans women
We have regressed as a society because of the new law brought forward by the Supreme Court. This will have a huge impact on the lives of people in the transgender community, especially taking a huge toll on their mental health and wellbeing. The law suggests that transgender women being in women-only spaces pose a risk, despite them being one of the most vulnerable groups. As a trans man, I can personally say this ruling has caused more confusion and fear than clarity for the trans community.
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Approximately 70% of trans people have experienced verbal or physical harassment. Even though this is a high statistic, when reviewing this case, we cannot assume this number is correct, as many incidents go unreported.
The Guardian:
“The supreme court’s 88-page judgment has upended two decades of policymaking on trans rights, with police forces, hospitals and other public agencies rapidly rewriting their approaches to trans inclusion.”
Good Law Project:
“The Supreme Court’s decision to exclude trans voices has harmed trans people – and harmed the fairness of their ruling.”
LBC:
“A former civil servant who oversaw the drafting of the UK Equality Act has told LBC the Supreme Court’s recent ruling on the definition of a woman is at odds with the law’s aim.“
OHRH:
“It also makes no mention of intersex people, for instance. Instead, the court proceeds on the unscientific assumption that ‘biological sex’ is a tidy division into which everyone falls.”
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Why was this petition rejected?
It’s about something that the Senedd or Welsh Government is not responsible for.
Under Standing Order 23.4(iv), a petition is inadmissible if it requests the Senedd to do anything which the Senedd clearly has no power to do.
Section 108A(2)(c) of the Government of Wales Act 2006 (the “2006 Act”) provides that a provision of an Act of the Senedd is outside the Senedd’s legislative competence (that is, outside the Senedd’s powers) if it relates to reserved matters.
Equal opportunities is reserved under paragraph 187 of Schedule 7A to the Government of Wales Act 2006. It is defined as the prevention, elimination or regulation of discrimination between persons on the ground of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions, but not including language.
Amending the definition of “woman” for the purposes of equalities legislation in Wales would be outside the Senedd’s competence as it would engage the equal opportunities reservation. As such, this petition is inadmissible.
We only reject petitions that don’t meet the petition standards
Rejected petitions are published in the language in which they were submitted