Kemi Badenoch has said that “changing your clothes doesn’t change who you are” as she set out the Tories’ pledge to change the Equality Act so that sex is defined only as someone’s biological sex.
But the women and equalities minister could not say what what kind of paperwork people would need to show to use single-sex spaces under the plans.
The Conservatives say the change will make it simpler for service providers for women and girls, such as those running sessions for domestic abuse victims, to prevent biological males from taking part.
Labour said it would not amend the Equality Act if elected and that the Tories’ attempt to stoke a culture war was a “distraction” from issues voters care about such as the cost-of-living crisis.
Ms Badenoch stressed that the Conservatives are seeking to clarify the Equality Act, not change it.
The Cabinet minister told Sky News on Monday: “It is re-emphasising what should be the status quo.
“We have seen quite a lot of changes in terms of terminology in the law. Sex and gender we used interchangeably, now we don’t do that, so what we’re doing is making sure people understand what the law says. We have seen a lot of problems with people misinterpreting the law.”
The Tories want to change the Act to apply to biological sex, and say those who are biologically male but identify as female should be barred from using single-sex spaces.
Ms Badenoch could not answer questions on whether someone’s original birth certificate – or one amended after a legally-recognised gender change – would define biological sex in such cases.
Pressed repeatedly, she told BBC Radio 4’s Today programme: “What you are describing is a hypothetical scenario, assuming that when people go into rape crisis centres they’re bringing in birth certificates, they’re bringing in gender recognition certificates.
“What is happening at the moment is that people come to the centres and they are visibly of a different sex. You don’t always need your birth certificate when you’re going to the toilet and so on and so forth.”
She continued: “This is not a paperwork issue. This is a practical issue.”
Rishi Sunak’s party says the proposed change to the law will not remove the existing and continuing protections against discrimination on the basis of gender reassignment provided by the Equality Act.
Speaking to LBC radio, Ms Badenoch said: “We want people to have privacy and dignity. This is about protecting those who are vulnerable, it is not about stopping trans people from having privacy and dignity.
“That’s why we have said you should have unisex toilets, a disabled toilet is an example of that, or where there are shared spaces, they should be on the basis of biological sex.”
She added: “Changing your clothes doesn’t change who you are, we want people who are trans to be protected as well, people who want to change their clothes should not be able to exploit the scenarios we have prepared and the laws we have put in place to protect those people who are genuine transgender people, those who suffer gender dysphoria.
“Just putting on a different set of clothes does not make you transgender.”
Labour’s John Healey said his party would not amend the Equality Act if it wins the election because there are already provisions to protect single-sex spaces.
The shadow defence secretary told Times Radio: “The Act, incidentally, was a Labour Act in 2010, that was opposed by the Tories, but it already provides protections for single-sex spaces for biological women.
“It already provides a definition of a woman, and sex and gender are different. What is needed is clearer guidance for service providers, from the NHS to sports bodies, and in prisons, on what single-sex exemptions need to be, and the best way to be able to do that is in guidance, not primary legislation.
“The Government has had 14 years to do that and it hasn’t. This, to be honest, is a distraction from the election campaign, where most people want to hear why the cost-of-living pressures are so great, what the Tories are going to do, and what Labour is going to do, to try and help make life more affordable and Britain better.”
The Liberal Democrats criticised the Tory policy as a “cynical distraction from their failings on so many issues”.
Deputy leader Daisy Cooper told LBC: “I think the Government is failing on so many counts – time and again we have seen how it tries to wage these phony culture wars.
“On the specifics of the proposal, Liberal Democrats have said that, of course, where there is confusion within service providers there could be better guidance, but I really don’t think there’s any demand to unpick, or any need to unpick, the Equality Act itself.”
Meanwhile, Sir Keir Starmer’s party is pitching itself as the “party of national security” as it seeks to switch attention to defence.
The Labour leader is expected to meet forces veterans and a group of his party’s candidates when he campaigns in the North West of England on Monday.
He will be hoping to avoid questions on Diane Abbott, after she announced that she will be standing for the party in Hackney North and Stoke Newington.
Ms Abbott wrote on X that she intends “to run and to win as Labour’s candidate”, as she dispelled rumours that she had been offered a peerage in return for stepping down.
The lack of clarity over whether the veteran left-winger would be allowed to stand for the party after she had the whip reinstated last week dominated the Labour campaign, despite their efforts to stay on message.
Sir Keir reaffirmed his commitment to a “nuclear deterrent triple lock” as well as his ambition to increase defence spending to 2.5% of gross domestic product (GDP), a measure of the size of the economy.
Mr Sunak has made clear he wants to meet the 2.5% target by 2030 although Labour has so far declined to outline its timeline, only noting it would do so when economic conditions allow.
Sir Keir has been attempting to shift perceptions of Labour’s defence stance following the party’s time under the leadership of Jeremy Corbyn, a long-standing critic of Nato and Trident.
The Liberal Democrats are meanwhile seeking to prevent damage closer to home, as they call for new protections for rivers and coastlines to end “environmental vandalism”.
The party has announced an expansion of marine protected areas and a new Blue Flag status for rivers will be included in its General Election manifesto.
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