Abstract
AbstractThe UK’s Equality legislation prohibits formal segregation with limited exemptions. Single-sex schools are one such exemption. No rationale for this was provided at the time of the legislation, and it was not until 2017 in the case of Al Hijrah that the question arose of whether and when sex-segregation in schools is lawful. We take up this question, reviewing the equality costs and benefits of sex-segregated schools conceptually and empirically. We highlight the incoherence of equality law regarding schools, and the limited evidence of their benefits. Drawing on feminist theory, we recommend improvements that may be useful in future cases where sex-segregation is contested in the context of faith-based schools. Lastly, we note that these legal questions may one day be challenged by a deeper source of instability if there is a breakdown in the binary sex categories on which sex-segregation in schools currently depends.
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