CBA’s Response to the UK Supreme Court Ruling

The CBA is aware of the widespread media coverage and potential for wide-reaching impacts of last month’s UK Supreme Court ruling on the definition of ‘sex’ within the Equality Act. Concerns about these impacts have been expressed in an open letter to us, the Chartered Institute for Archaeologists (CIfA), the Federation of Archaeological Mangers and Employers (FAME) and University Archaeology UK (UAUK). We are aware of the EHRC’s interim guidance and consultation on future guidance, which is now live. We also understand that there are wider legal challenges to both the ruling and the interim guidance, which means the clarity of these issues is still uncertain.

The CBA aims to promote archaeology as being an inclusive discipline and activity, and we work hard to try and identify and overcome barriers to participation. We aim to foster a sense of belonging with anyone who wants to engage in archaeology and our activities.

We are concerned that the Supreme Court ruling has created, among other things, uncertainty around the issue of single-sex public spaces, and the potential for wider impacts on the lives and work of transgender and nonbinary archaeologists; and uncertainty on how any guidance should be policed. We are concerned about how smaller organisations and groups will be able to implement future codes of practice in a manner that is fair to all. We look to the EHRC to provide clear advice on this issue. In particular, we are seeking guidance that will build trust, allowing all members of our society to feel an equal sense of belonging and ability to take part. We will be responding to the consultation in due course.

You can find out more about our values and behaviours here, or visit our equity and inclusion hub.