Sexual orientation
Part 2 Equality: key concepts
(1)Sexual orientation means a person's sexual orientation towards—
(a)persons of the same sex,
(b)persons of the opposite sex, or
(c)persons of either sex.
(2)In relation to the protected characteristic of sexual orientation—
(a)a reference to a person who has a particular protected characteristic is a reference to a person who is of a particular sexual orientation;
(b)a reference to persons who share a protected characteristic is a reference to persons who are of the same sexual orientation.
Sexual orientation towards the same, opposite or either sex refers to biological sex. A certificate-based reading would make the statutory categories incoherent and impair same-sex associations. (see paras [204]-[209])
The court interpreted section 12 as covering discrimination because of actual, perceived, past or changed sexual orientation, without creating a separate fourth orientation category. (see paras [95]–[98]) Section 12(1) was used to identify the statutory categories of sexual orientation protected by the Act. (see paras [17], [95]–[98]) Cited only. Cited only. Cited only. The court applied section 12(2) to explain that references to persons sharing a protected characteristic concern persons of the same sexual orientation. (see paras [17], [98]) Cited only. Cited only.
Defines sexual orientation as orientation towards persons of the same sex, the opposite sex or either sex. The court held that the definition did not include a separate category of persons previously oriented to the same sex and now oriented to the opposite sex. (see paras [19], [153]-[157])
What each judgment says about section 12 is in the case-law panel in the full Act.
55.This section defines the protected characteristic of sexual orientation as being a person’s sexual orientation towards:
people of the same sex as him or her (in other words the person is a gay man or a lesbian)
people of the opposite sex from him or her (the person is heterosexual)
people of both sexes (the person is bisexual).
56.It also explains that references to people sharing a sexual orientation mean that they are of the same sexual orientation.
57.The definition is designed to replicate the effect of similar provisions in the Employment Equality (Sexual Orientation) Regulations 2003 and the Equality Act 2006.