Opponents have lost a legal challenge against teaching children about gender identity and sex in schools in Wales. The Court of Appeal has refused a group permission to appeal a High Court judgement last year which dismissed their claims about the Relationships and Sexuality Education Code and guidance on all grounds.
This means they have have no more legal avenues in the UK courts, a Welsh government spokesperson said. Primary and secondary schools in Wales launched the new RSE lessons in September.
Announcing his decision 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."
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With regards to how the code and guidance approaches issues relating to different sexualities, gender identification and respectful treatment of LGBTQ+ people, the Rt. Hon. Lord Justice Males added: "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 LGBT+ community) are fundamental values of British (including Welsh) society."
Welcoming the decision by the Appeal Court last week Education Minister Jeremy Miles said in a Written Statement that it was "an important vindication" of the approach the Welsh Government has taken to RSE: "That approach is intended to keep children safe and to promote healthy, respectful relationships. Schools are legally required to ensure that learning is developmentally appropriate; to provide information on RSE which includes a range of views on the subject and which does not seek to promote one view over another."
He said work is underway working with teaching staff and "healthy schools co-ordinators" to review resources for lessons to ensure they are are developmentally appropriate and suitable for use in a a way that does not promote one view over another.
"This means, schools will have access to resources that they and parents can be confident and assured are appropriate. Key resources will be signposted in the new Curriculum for Wales area on Hwb this term, with additional resources being added in the autumn. We are also working closely with other partners to ensure their approaches are consistent with these principles.
"I have consistently encouraged schools to take their time to ensure they engage with parents and carers closely. As the academic year has progressed, there are some very positive approaches emerging which have involved parents and carers and given clarity about what will be taught and when and which resources will be used.
"This transparency, along with a constructive, open dialogue where issues are raised is critical to securing the confidence of parents and carers."
Last November parents were refused their request for a High Court judicial review. The group had launched a judicial review in the High Court against the Welsh Government’s compulsory RSE curriculum.
The two-day legal challenge, which was heard in November at the Civil Justice Centre in Cardiff, was brought by a group calling themselves 'public child protection Wales', claiming the new curriculum is inappropriate for primary age children.
Mrs Justice Steyn rejected their request for a judicial review. Now they have also been turned down their request to appeal this in the Appeal Court - ending their attempts for legal challenge in the UK courts.
The Welsh Government has always insisted RSE will be developmentally and age appropriate. Previously parents had the right to remove their children from sex education lessons.
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