Page 65 - Judicial Diversity Update report

respondents) the proportion drops to 3% of people at the Bar identifying as
LGBT.

2.114. It is worth noting by comparison that the most recent data from the Office of
147
National Statistics have 2% of the UK population identifying as LGB
148
although other organisations estimate the number to be higher (5-7%).

Conclusions on sexual orientation and gender identity

2.115. To the extent that sexual orientation data exists, it seems to support the
anecdotal view that LGB candidates applying for judicial office stand an equal
chance of appointment. The overall percentage of applicants in judicial
exercises is roughly in line with the reported proportion of LGB candidates in
the estimated potential pool, and upon application they are recommended for
appointment in the same proportion as they apply. Obviously care must be
taken given the low response rates for the pool and the failure to separate out
legal and non-legal exercises. The inadequacies in data collection therefore
prevent us from being able to make any conclusions with respect to this group.

2.116. The openly gay lawyers we interviewed noted that though they often had to
deal with micro-aggressions about sexuality in the workplace, they did not feel
that their sexual orientation impeded promotion. We were told that it was ‘not
an issue’ by sitting gay judges. However, most of the gay judges we spoke to
were white men. It may well be that when sexual orientation intersects with
other underrepresented characteristics it becomes more of an issue. Without
the intersectionality data we are unable to draw any conclusions in this regard.

2.117. In the absence of statistical information, we attempted qualitative evidence
gathering with respect to the appointment of Trans judges. This proved a
difficult and ultimately fruitless line of inquiry. With increasing awareness and
acceptance of non-binary and transgender identities, we expect this issue to
become more acute in the near future. We urge the collection of more detailed

147 ‘Sexual orientation, UK: 201’7, Office for National Statistics
https://www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/sexuality/bulletins/sexualide
ntityuk/2017
148 ‘Student Frequently Asked Questions (FAQs)’, Stonewall, https://www.stonewall.org.uk/help-
advice/student-frequently-asked-questions-faqs
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