This is the second part of my discussion of The Equality Bill. My discussion starts here.

2. Protected Characteristics

The Bill provides several "protected characteristics" split into several categories (Section 4):

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

The characteristics within each category are defined in Sections 5 - 12 (pregnancy and maternity is defined separately in the areas it applies). My own areas of interest fall amongst gender reassignment (Section 7), marriage and civil partnership (Section 8), >em>religion or belief (Section 10) and sexual orientation (Section 12).

For the most part the definitions of the categories are fairly obvious.

Sexual orientation

Protected characteristics for sexual orientation are:

• heterosexual
• homosexual
• bisexual

Asexual is not a protected characteristic.

In addition to homo- and bi-sexual, it is important that heterosexual be a protected characteristic as discrimination can work both ways and both ways are equally wrong.

It is also disappointing that a bill about equality uses "lesbian" as a noun and "gay" as an adjective allowing gay men to retain their "manness" but denying lesbian women (who become just "lesbians") their "womanness".

Gender reassignment

The protected characteristic here is "planning, undergoing or [having] undergone a process (or part of a process) for the purpose of reassigning a person's sex by changing physiological or other attributes of sex." The explanatory notes explain that this include those who are plan to, are or have undergone surgery and those who haven't because they can "pass" well enough without it. The important thing is that the person be continually living or planning to continually live as the new sex. Medical supervision is no longer required.

This will not protect those who do not plan to live their whole life as the new sex. This will not protect those who do not fit the gender binary. The best that can be said for this group is that they may be "wrongly thought to have" a protected characteristic (sex, sexual orientation or gender reassignment) and can act on that.

Marriage and civil partnership

The only people who can have this characteristic are those who are married or civilly partnered. Single people, under this bill, can be discriminated against on that ground. The characteristic is also in opposition to single people rather than in opposition to each other. Discrimination against civil partners would, however, probably be construed as sexual orientation as the discrimination inherent in the civil partnership and marriage legislation means that only hetero-sexual couples can get married and only homo-sexual couples can get civil partnerships.

This category also does not include polyamorous relationships, couples who choose not to get married or civilly partnered for political or cost reasons or people who have previously been married (widows, divorcees).

Religion or Belief

This characteristic includes having a religion or belief and not having one. It does not include political beliefs, scientific beliefs, or supporting football teams.

Alex
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