Since the For Women Scotland Supreme Court judgment, I’ve noticed a growing trend that’s becoming hard to ignore — a wave of what I call “pseudo-equality.”
What is pseudo-equality?
It’s when organisations or advocates claim to support equality, but in practice, they prioritise certain protected groups while overlooking others. Often, they assign exclusive marginalisation status to one community — sometimes with good intentions — but with little regard for the legal or practical impact on everyone else.
This selective approach may feel like justice, and certain earns “virtue-signalling points” from their allies, but it doesn’t comply with the Equality Act 2010, nor does it build inclusive policy.
What Does Real Equality Look Like?
True equality law champions understand these 10 core principles:
1️⃣ There are nine protected characteristics under the Equality Act – not just one or two.
2️⃣ Parity of esteem is key. No group is more “worthy” or “vulnerable” than another.
3️⃣ Discrimination can happen to anyone, and anyone can be a perpetrator.
4️⃣ Competing rights exist – and we must listen to all affected parties to develop the least discriminatory policies.
5️⃣ Exceptions exist for a reason – sometimes lawful discrimination is needed to prevent greater unlawful discrimination.
6️⃣ The Equality Act has limits – it only applies in certain legal contexts. Also other law may be relevant
7️⃣ Good policymakers listen beyond their allies – real inclusion means considering all stakeholders, not just the ones who agree.
8️⃣ Thinking in terms of “goodies” vs “baddies” is both simplistic and dangerous – it can lead to unlawful decisions.
9️⃣ Equality monitoring is essential to catch patterns of discrimination to allow for further research as to why.
🔟 Always ask: Who isn’t using your service? Some groups may be silently self-excluding, and that’s just as important as who is included or shouting loudest.
We Must Move Beyond Performative Inclusion
This isn’t about ignoring discrimination — quite the opposite. It’s about being legally informed, fair-minded, and inclusive of all, not just a select few.
Inclusion should never be exclusion by another name.
Let’s elevate the conversation and ensure our policies are rooted in accurate legal interpretation and genuine fairness.