17. Sex-related characteristics (gender reassignment, marital status, pregnancy, sexual orientation)

2019 ◽  
pp. 289-301
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Sexual Orientation ◽  
Marital Status ◽  
Pregnant Women ◽  
Sex Discrimination ◽  
Birth Certificates ◽  
Free Standing ◽  
Transgender People ◽  
Married People ◽  
Gender Reassignment ◽  
Opposite Gender

This chapter discusses the law on discrimination due to the protected characteristics of gender reassignment, marital status and civil partnership, and pregnancy and maternity. The Sex Discrimination Act as originally drafted only prohibited discrimination on grounds of sex and marital status. However, civil partners are now treated in the same way as married people. Transgender people, who live as someone of the opposite gender, are protected from discrimination. They can also change their birth certificates so that their new gender is reflected there. Pregnant women have a right not to be discriminated against, and this is a free-standing right. People are entitled not to be discriminated against because of their sexual orientation. The prohibition against sex discrimination covers heterosexuals as well as homosexual people.

scholarly journals How Gender Identity and Transgender Status Affect Perceptions of Attractiveness

2018 ◽  
Vol 10 (6) ◽  
pp. 811-822 ◽  
Author(s):  
Jessica M. Mao ◽  
M. L. Haupert ◽  
Eliot R. Smith
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Theoretical Models ◽  
Gender Attitudes ◽  
Heterosexual Men ◽  
Transgender People ◽  
Men And Women ◽  
Gender Nonconforming ◽  
Romantic Attraction ◽  
Identity Labels

Can a perceiver’s belief about a target’s transgender status (distinct from gender nonconforming appearance) affect perceptions of the target’s attractiveness? Cisgender, heterosexual men and women ( N = 319) received randomly assigned labels (cisgender cross-gender, transgender man, transgender woman, or nonbinary) paired with 48 cross-sex targets represented by photos and rated the attractiveness and related characteristics of those targets. The gender identity labels had a strong, pervasive effect on ratings of attraction. Nonbinary and especially transgender targets were perceived as less attractive than cisgender targets. The effect was particularly strong for male perceivers, and for women with traditional gender attitudes. Sexual and romantic attraction are not driven solely by sexed appearance; information about gender identity and transgender status also influences these assessments. These results have important implications for theoretical models of sexual orientation and for the dating lives of transgender people.

The curious case of marriage/civil partnership discrimination in Britain

2012 ◽  
Vol 12 (3) ◽  
pp. 166-178 ◽  
Author(s):  
James Hand
Keyword(s):  
Marital Status ◽  
Sex Discrimination ◽  
The Past ◽  
Civil Partnership

Discrimination on grounds of marital status was one of the first grounds to be protected in British discrimination law (as part of the Sex Discrimination Act 1975). However, it has always been a highly restricted provision and, seldom litigated, it faced abolition during the passage of the Equality Act 2010. Although marriage/civil partnership was retained as a protected characteristic, the Equality Act 2010 did nothing to clarify or expand its function. This article considers developments that could mean that marriage/civil partnership discrimination could have a much wider scope rather than, as some would have it, being relegated to being a quaint relic of the past.

scholarly journals Fashion, Dressing, and Identities in Ballroom Subculture

2019 ◽  
Vol 2 (1) ◽  
pp. 40
Author(s):  
Zoi Arvanitidou
Keyword(s):  
Sexual Orientation ◽  
African Americans ◽  
Social Structure ◽  
Sense Of Self ◽  
Sexual Expression ◽  
Transgender People ◽  
Gender Expression ◽  
Fashion Models ◽  
And Gender

The Ballroom scene is an underground subculture created by African Americans and Latinos and gives emphasize in issues of race, gender, and sexual orientation within the heterogeneous society. The members of this subculture live in an organized social structure based on the acceptance and the celebration of sexual and gender expression. Balls are competitions where transgender people are involved, performing different kinds of dances. Balls provide to the queer community a cozy place to build their sense of self in their hidden world without the limitations imposed by society on gender and sexual expression. Balls are a combination of fashion, competition, and dance. “Voguing” is the characteristic dance of Balls and it is an extremely stylized dance form. Vogue magazine’s model poses to inspire it, and it uses the arms and legs with dramatic, rapid and feminine edgy ways. “Voguing” includes catwalk, dance, spins and other risky styles of movement. The “Voguing” has the major role in Ballrooms that contain fashion catwalk and competitions, where African and Latinos gays and transgender participate in a competition, imitating fashion models in the catwalk with gestures and poses to win an award. The panel of the critics, in a Ball, judges them from the movements of their dance, attitudes, costumes and the ingenuity in all of these areas. Today there are three basic types of Voguing: a) the Old Way, b) The New Way and, c) The Vogue Femme.

Protected Characteristics

2021 ◽  
pp. 15-33
Author(s):  
Razia Karim
Keyword(s):  
Sexual Orientation ◽  
Civil Partnership ◽  
Gender Reassignment ◽  
Single Approach

This chapter discusses the protected characteristics under the Equality Act 2010. One of the objectives of the Equality Act 2010 is to bring together in one place all of those characteristics on which it is unlawful to discriminate and to establish a single approach to discrimination, with some exceptions. These ‘protected characteristics’ are set out in Part 2, Chapter 1 of the Act. The protected characteristics covered by the Act are: age; disability; gender reassignment; marriage and civil partnership; race; religion or belief; sex; sexual orientation; and pregnancy and maternity. The chapter looks at the provisions for each of these protected characteristics in turn.

scholarly journals Is Sexual-Orientation Discrimination a Form of Sex Discrimination?

2020 ◽  
Vol 41 (3) ◽  
pp. 357-386
Author(s):  
Daniel J. Hill
Keyword(s):  
Sexual Orientation ◽  
Supreme Court ◽  
Sex Discrimination ◽  
Orientation Discrimination ◽  
Oxford University ◽  
Sexual Orientation Discrimination ◽  
Direct Discrimination ◽  
State Of Mind ◽  
Uk Supreme Court ◽  
The Uk

Abstract In Bostock v Clayton County (2020) Gorsuch J holds that direct discrimination because of sexual orientation is a form of direct discrimination because of sex. I argue that the same is true under the Equality Act 2010. I consider the arguments of (Finnis, in: Finnis (ed) Intention and identity: collected essays, Oxford University Press, Oxford, 2011) and (Gardner in Oxf J Leg Stud 18(1):167–187, 1998) that “because of”, “on grounds of”, and similar phrases in UK discrimination legislation invoke the state of mind of the discriminator. I apply this point to Bull and Bull v Hall and Preddy [2013] arguing that (i) the UK Supreme Court was wrong to find direct discrimination on grounds of sexual orientation, while, (ii), nevertheless, under the Equality Act 2010, that case and similar cases actually involve direct discrimination because of sex, not because of sexual orientation. I conclude by considering some objections, precedents, and implications.

scholarly journals Should the Equality Act 2010 Be Extended to Prohibit Appearance Discrimination?

2020 ◽  
pp. 003232172096648
Author(s):  
Andrew Mason ◽  
Francesca Minerva
Keyword(s):  
At Risk ◽  
Sexual Orientation ◽  
Civil Partnership ◽  
Indirect Discrimination ◽  
Gender Reassignment ◽  
The Uk ◽  
In Virtue Of

The UK Equality Act 2010 prohibits direct and indirect discrimination with respect to nine characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. We argue that the best way of understanding the Act is to see it as protecting those who are vulnerable to systematic disadvantage, partly in virtue of being at risk of experiencing discrimination that violates what we call the meritocratic principle. If this is a key principle underpinning the Act, then there is a compelling case for extending the legislation to include the protection of at least one further characteristic, namely, appearance. We consider but reject various difficulties that might be raised with extending the Act in this way, including the objection that those vulnerable to forms of appearance discrimination that violate the meritocratic principle could be adequately protected by treating them as disabled.

scholarly journals Preferential pay protection: Does UK law provide poorer protection to those discriminated against on grounds of protected characteristics other than gender?

2019 ◽  
Vol 19 (1) ◽  
pp. 4-25
Author(s):  
Margaret Downie
Keyword(s):  
United Kingdom ◽  
Sexual Orientation ◽  
Equal Pay ◽  
Disadvantaged Groups ◽  
Civil Partnership ◽  
The United Kingdom ◽  
Gender Reassignment ◽  
Separate System ◽  
The Impact ◽  
Consistent Approach

UK law treats equal pay claims based on gender (brought under the equal pay provisions of Part 5 Chapter 3 of the Equality Act 2010) differently from equal pay claims based on other protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, and sexual orientation (brought under the general discrimination provisions in Chapter 2 of that Act). This article considers the impact of the differences on each group of claimants. It concludes that the separate system of equal pay for the protected characteristic of sex ignores other inequalities of pay and that the inconsistent way the United Kingdom treats these issues leads to inequality among disadvantaged groups. It recommends that the United Kingdom should take a more consistent approach to pay gaps.

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