I would like to update members on the latest developments around RSE in the new curriculum.
Last week, the Court of Appeal refused the Claimants permission to appeal the judgment in the High Court last year which dismissed their claims about the RSE Code and guidance on all grounds.
The Rt. Hon. Lord Justice Males in the Court of Appeal said:
“The applicants' various challenges to the Code and the Guidance all proceed on the basis that these documents mandate the teaching and promotion of particular sexual lifestyles in ways which amount to indoctrination. As the respondents point out, however, the fundamental difficulty with these challenges is that the Code and Guidance do no such thing.”
With regards to how the Code and Guidance approached issues relating to different sexualities, gender identification and the respectful treatment of LGBTQ+ people, the Rt. Hon. Lord Justice Males said:
“It is inconceivable that such teaching could be contrary to the common law or the Human Rights Act. On the contrary, diversity and inclusion (including as to the LGBTQ+ community) are fundamental values of British (including Welsh) society.”
