The government must change the law if it wants to hand parents greater power regarding transgender issues. That is according to the attorney-general, its most senior lawyer, who this week said plans to limit the ability of children to act as though they are the opposite sex at school are unlawful.
Prime Minister Rishi Sunak earlier this month signalled that new guidance would tell schools to adopt a tougher approach to trans issues. This followed criticism of children being permitted to use new names at school without their parents being informed.
Ministers were looking into the possibility of a blanket ban on such ‘social transitioning’ at schools, according to The Times. But Attorney-General Victoria Prentis said this would be in breach of the Equalities Act. A source close to the discussions said that
The government wants to go further but the problem is that this is guidance. It is coming up against the Equalities Act which is the law. If the government wants to go further, it has to change the law.
The teaching of transgender issues in schools has been a matter of concern among a growing number of parents and social conservatives for some years. Yet according to the government source cited in The Times, Equalities Minister Kemi Badenoch, who is considered the ‘darling of the right,’ did not decide to harden guidelines on her own but only in response to “pressure” from other MPs.
This apparent reluctance might suggest that, while the government was willing to publish new guidelines (which institutions would surely be free to ignore), it is likely to stop short of changing the law.
It is understood that there are “differences of opinion” on transgender issues within the government itself. The education secretary believes a ban on social transitioning in schools to be “unreasonable” while other figures want to push the line a little further.
Tim Dieppe, the head of public policy at campaign group Christian Concern, was struck by the legal advice, asking:
How did we get into a position whereby government lawyers argue that we need new legislation to call boys ‘boys’ and girls ‘girls’?
The government will continue to look into the matter, though the publication of new guidance is expected to be delayed. One source concluded that “it’s a complex and sensitive area and it’s right we get it right. More information is needed about the long-term implications of allowing a child to act as though they are the opposite sex and the impact that may have on other children too.”
