Stormont gender row: Equality Commission names only two after ministers sidestep questions on how many exist
The body charged with upholding equality legislation in Northern Ireland has named only two genders that are recognised in law, after two Stormont ministers appeared to suggest there are more – but wouldn’t say how many.
The Equality Commission’s statement has been welcomed by politicians from unionist parties – after both the first minister and justice minister at Stormont sidestepped questions on the matter in recent weeks.
DUP MLA Jonathan Buckley says the “confusion within the political class is a source of ridicule for ordinary people” who know there are only male and female – while Doug Beattie says some ministers have failed to understand “there can only ever be two sexes”.
Timothy Gaston of the TUV says the Equality Commission’s position show that “none of the mythical genders which officials and government departments are so keen to avoid offending appear to have any legal status”.
The current debate began when Michelle O’Neill criticised President Donald Trump’s order stating that the US government will only recognise male and female. The Sinn Fein leader said she didn’t agree with Mr Trump’s views on “our LGBTQ+ community” – but didn’t answer questions from the News Letter on how many genders she believes there are.
Last week in the Assembly, justice minister Naomi Long would not be drawn on the number of genders – saying her department “is not in the business of putting people into boxes, nor is it a responsibility of the Department to define the number of gender categories that exist”.
However, she said the department had a responsibility to support everyone in the justice system “regardless of their gender”. The NI Prison Service, which she oversees, recognises other genders such as ‘genderqueer’ and ‘genderfluid’.
The News Letter asked the Equality Commission (ECNI) how many genders are covered by equality legislation in Northern Ireland, and what they are. A spokesperson said: “The Sex Discrimination (Northern Ireland) Order 1976 ['SDO'], prohibits discrimination against men and women on the ground of sex. In that context, the SDO uses the word 'sex' instead of 'gender', and refers to male or female”.
The law “also prohibits discrimination against people on the grounds that they intend to undergo, are undergoing, or have undergone 'gender reassignment'”, ECNI said.
UUP justice spokesperson Doug Beattie said “Regardless of any gender reassignment, you can only be either male or female and that is determined at birth. Therefore, you would be covered under the Sex Discrimination Act as your sex cannot be changed.
“The inability of some ministers to understand that there can only ever be two sexes remains a concern particularly for women who are having their safety, privacy and dignity undermined”.
TUV MLA Timothy Gaston told the News Letter: “This is a most interesting response from the Equality Commission. Obviously, I differ with their suggestion that a Gender Recognition Certificate means that someone can change their gender.
“It is, however, nonetheless noteworthy that the Commission - in contrast to Ms O'Neill - clearly only recognise men and women as people who can be discriminated against.
“None of the mythical genders which officials and government departments are so keen to avoid offending appear to have any legal status. Indeed, how could they given that this movement cannot itself determine even the number of genders much less what defines them all.
“To my mind, these responses highlight the folly of those who seek to peddle the fantasy of people being agender, genderqueer, gender fluid, etc.
“I will be pressing in the Assembly for clarity - particularly from the Executive Office - about how this unscientific agenda seems to have completely captured officialdom in Stormont.”
DUP MLA Jonathan Buckley said the Equality Commission “certainly does not endorse the idea of multiple genders or identities. Crucially, the legislation does not mention gender but refers only to biological sex, making the Alliance Party’s policy on biological males in female prisons all the more concerning”.
The Upper Bann MLA added: “The confusion within the political class is a source of ridicule for ordinary people. Even children understand that there are two genders – male and female. As the world moves away from radical gender ideology, the Alliance Party, SDLP, and Sinn Féin are attempting to force extreme ideology into prisons and onto our children.
“Males do not belong in private female spaces – changing rooms, toilets, or sports. As a party, we have been very clear on our stance. We will stand with women, parents, and families in opposition to radical ideology”.