On Mon, 14 Jun 2021 16:53:51 -0400, "Anthony R. Gold"
<
not-fo...@ahjg.co.uk> wrote:
>On Mon, 14 Jun 2021 21:28:07 +0100, Mark Goodge
><
use...@listmail.good-stuff.co.uk> wrote:
>
>> The reason for the difference is that while sex and race are both
>> protected characteristics in law, there is an explicit exception for
>> organisations which exist specifically to serve people who share a
>> prohibited characteristic. However, there is a further exception to the
>> exception which excludes skin colour from the permitted exceptions. So a
>> woman-only gym is fine, as are a men-only club, a Scotsmen's
>> association, an Englishmen's club and Catholic society. But a white
>> people's club, or a black people's club, would not be lawful.
>>
>>
https://www.legislation.gov.uk/ukpga/2010/15/schedule/16
>
>So a heterosexual-only facility, service or membership would be lawful?
You could have a "Straight People's Club" if you wanted, yes. But it
would have to be constituted as a membership organisation in order to
take advantage of Schedule 16. The reason why women-only gyms are
acceptable is because gyms commonly work on a membership basis - you can
only use them if you are a member. But you wouldn't be able to have a
women-only cafe that was open to the public[1], because that would be a
simple provision of service rather than an association.
There's no general exception to the Equality Act when it comes to the
supply of goods or services; if you supply to the general public (as
opposed to restricting supply to members of your organisation and their
guests) then you must supply to everybody without discriminating on the
basis of any protected characteristic.
[1] Things like women's shelters (eg, for those escaping domestic abuse)
are also a permitted exception, but they are not open to the public and
are not considered the supply of goods or services. Rather, they are the
provision of charitable or public service benefits, which are a separate
category of exemption - they can be targetted to any group which is in
particular need of them.
Mark