The UK government is facing fierce backlash following the release of new guidance that mandates single-sex services be determined by biological sex. Critics, including the Trans+ Solidarity Alliance, have likened the policy to regressive measures seen in the United States, igniting fears that it could significantly marginalise transgender individuals in public life.
Controversial Guidance from the EHRC
The Equalities and Human Rights Commission (EHRC) published its revised code of practice, which comes over a year after a pivotal Supreme Court decision in April 2025. This ruling clarified that the terms “woman” and “sex” in the Equality Act 2010 refer specifically to biological sex, a point that has now been enshrined in the EHRC’s latest guidance.
The implications of this guidance are substantial, extending across various sectors, including sports and healthcare. For instance, the code stipulates that transgender individuals must compete based on their sex assigned at birth and may be excluded from single-sex hospital wards if they do not align with this classification. This has alarmed campaigners who argue that such measures echo the discredited Section 28 legislation, which restricted the promotion of LGBTQ+ rights in the late 1980s.
Responses from Advocacy Groups
The Trans+ Solidarity Alliance has warned that this guidance represents a critical juncture for the Labour government, suggesting it could become known as a “Section 28 moment”. They argue that such policies are reminiscent of the bathroom bans implemented in numerous US states, which the UK government condemned in 2016. Alexandra Parmar-Yee, director of the TSA, expressed concern that the guidance will push transgender individuals further from public participation, stating, “While some language has been softened, the same exclusionary core remains.”
Jess O’Thomson from the Good Law Project acknowledged improvements from a previous draft but deemed the current guidance inadequate. “It still treats trans people as a third sex, suggesting they should be made to use separate spaces — entirely ignoring the harm this causes,” she stated.
Government’s Stance and the Path Ahead
In response to criticism, EHRC chairwoman Mary-Ann Stephenson has asserted that the guidance is intended to promote a common-sense approach. She dismissed suggestions of policing public toilets, emphasising that the code allows for unisex facilities where appropriate. Stephenson argued that inquiries about an individual’s sex should be handled sensitively, as is customary in public spaces.
Women and equalities minister Bridget Phillipson reinforced that the guidance aligns with the Supreme Court’s ruling, maintaining that trans people remain protected under the Equality Act. The government insists the new code offers clear, practical guidance for organisations tasked with accommodating diverse needs.
The code has been laid before Parliament for scrutiny, where it will undergo a 40-day review period. Although a vote is not required for its enactment, either House can reject it, and some MPs expect legal challenges to arise from its implementation.
Calls for Compassionate Dialogue
Greater Manchester mayor Andy Burnham has urged for a more harmonious approach to the issue. Recognised as a potential rival to Labour leader Sir Keir Starmer, Burnham called for unity and compassion in implementing the guidance. He noted the importance of aligning with the recent Supreme Court ruling while ensuring fairness for all parties involved.
Why it Matters
This guidance marks a significant moment in the ongoing discourse surrounding LGBTQ+ rights in the UK. As the government seeks to navigate the complexities of biological sex and gender identity, the implications of these policies could redefine the landscape for transgender rights. Advocates fear that if left unchallenged, such measures could set a troubling precedent, echoing historical injustices and further entrenching discrimination in society. The outcome of this debate will not only shape the legacy of the current government but also influence the broader conversation on human rights and equality in the UK.
