What's wrong with the Equality Act?

On paper, the Equality Act is a powerful and effective piece of legislation which has stood the test of time. But in practice, when we look at it in the scope of trans rights, it has huge downfalls. The Act, which was written in 2010 under the previous Labour government led by Gordon Brown protects “gender reassignment” as a characteristic, which may sound like progress, but is actually a clumsy and outdated term. It only applies to those who are “proposing to go, are undergoing or have undergone a process to reassign their sex.”

It leaves non-binary people in legal limbo. It forces trans people to prove that they’re transitioning in a way that fits a very narrow medical model. It means that fundamental rights hinge on whether a GP is supportive enough. It’s not protection - it’s bureaucracy. Worse still, the Equality Act has been weaponised by trans-exclusionary radical feminists (TERFs) and has been taken to the Supreme Court, the highest court in the United Kingdom, to exclude trans women from the term “woman”. It’s time for the Equality Act to have a refresh.

Reforming the Equality Act isn’t about giving trans people special treatment. It’s about making sure the law reflects reality. That includes:

• Replacing “gender reassignment” with “gender identity” so that all trans and non-binary people are explicitly protected.
• Recognising trans people’s rights without requiring medical evidence or a Gender Recognition Certificate (GRC), which many people are unable to obtain.
• Clarifying protections against indirect discrimination particularly in healthcare, employment, education, and access to public services.

Every time reforms are brought up, the backlash is immediate and vicious. But that backlash reveals why reform is so necessary. A legal system that sees trans lives as negotiable is a system that will always fail to protect trans people. The status quo is not neutral. It’s actively harming people and is being weaponised.

Much of the resistance comes from a vocal, well-connected, and well-funded gender-critical movement.

But let’s be clear - there’s nothing radical or feminist about fighting to explicitly exclude one of the most marginalised groups in society from legal protections. The claim is that they are concerned for women’s safety, but these arguments are built on a foundation of bad faith. The implication that trans women are a threat - or their presence endangers cis women - is a reactionary myth.

What the TERF movement does is cloak its hatred for trans people in the language of feminism. It weaponises trauma, manipulates public sympathy, and presents trans inclusion as somehow incompatible with women’s rights. And the truth is, their influence is not grassroots. It’s been bankrolled by right-wing media platforms, celebrities, and political figures. It’s time to stop pretending that this is a neutral debate.

It’s a campaign of moral panic.

Politicians who claim to support LGBTQ+ rights while refusing to reform the Equality Act are playing both sides. They want the optics without the substance. But you cannot claim to stand for equality while maintaining a legal framework that is allowing an entire community to be exposed.

Reforming the Act won’t solve everything. But it’s a vital and much-needed step towards a society where trans people are not just tolerated, but also respected, included, and safe.