In a move widely criticised by LGBTQ+ advocacy groups, legal experts, politicians and community peers, the Equality and Human Rights Commission (EHRC) published an “interim update on the practical implications of the UK Supreme Court judgment” on Friday, 25 April. Non-statutory guidance that many experts believe misinterprets the court’s decision, is a huge over reach and undermines trans rights. Scottish Greens called it ‘Harsh, authoritarian and cruel’, the Scottish Trades Union Congress “hugely problematic”.
The guidance, slipped out at the end of the week with minimal consultation with affected communities, suggests blanket exclusions for trans women from women’s spaces – a stance that legal experts warn may itself violate existing equality protections and human rights standards.
Key points to understand about this ‘guidance’:
– The guidance is “not legally binding” and holds no statutory power
– Legal experts have raised serious concerns about its lawfulness and compatibility with the Equality Act
– The EHRC failed to engage with transgender organisations before publishing the guidance
– The document appears to contradict Lord Sumption‘s clarification that the Supreme Court ruling allows for multiple interpretations
TransActual chairperson Helen Belcher has placed responsibility with the government, noting: “Either they were lying when they said they supported trans people before the last election; or they are lying now. They have clearly not thought through any of the vast and disturbing consequences raised by the Supreme Court ruling.
“The idea, as promoted this week by Keir Starmer, that there is now clarity as a result of this ruling and we can all just get on with our lives is pathetic, and demonstrates a woeful ignorance of the law and the realities in this area. This was demonstrated by Ministers not answering any questions last week on how their proposed new approach would actually work in practice. We suspect that might be because the answer is “it cannot.”
Read the full statement from TransActual here
Advocates highlight that the guidance promotes segregation and restricts freedom of association – not only excluding trans people from public spaces but also preventing cisgender women who wish to create inclusive environments from doing so.
In response to these concerning developments, our community must:
1. Create and clearly advertise inclusive spaces that welcome all LGBTQ+ & TNBI community members
2. Contact your MPs and local elected representatives, mayors, local councillors, PCCs to express opposition to discriminatory interpretations of equality law
3. Practice community safety as advocates warn of potential increases in harassment against both transgender individuals and gender non-conforming cisgender people
4. Remember your rights – including that no one can compel you to disclose your gender identity
This moment represents a critical juncture for trans rights in the UK. While the guidance attempts to push trans people to the margins of society, our collective response as a community can demonstrate that true inclusion remains our shared value.
What we’re witnessing with the EHRC is not accidental but rather the calculated result of institutional capture. Baroness Falkner‘s appointment appears to have set in motion a strategic redirection of the organisation, specifically targeting trans rights protections. This represents not merely a policy shift but a fundamental transformation of the EHRC’s core mission and values.
The latest development constitutes what many in our community view as the culmination of a concerning pattern. Through documented decisions and policy positions, the EHRC has progressively departed from its mandate to safeguard equality and human rights for all individuals in Britain. Instead, it has adopted positions that directly harm trans and non-binary community members.
This institutional realignment has significant consequences: It undermines public trust in equality oversight mechanisms and creates documented harm to already vulnerable populations. It establishes concerning precedents for other equality bodies and it represents a departure from evidence-based policy approaches.
Those of us in the LGBTQ+ community who have relied on the EHRC’s protection now find ourselves confronting the painful reality that this organisation no longer serves its stated purpose of protecting all marginalised groups. Instead, it has been repositioned to advance policies that many equality experts and human rights organisations have identified as discriminatory.
What we must now consider is how to respond effectively to an equality body that has fundamentally compromised its mission and credibility through actions that disproportionately impact transgender individuals and the broader LGBTQ+ community.
The government now faces a clear choice between continuing down a path that risks human rights violations and international censure, or engaging meaningfully with transgender communities to develop truly inclusive policies that protect all citizens.
“We must step up and defend ourselves and each other,” advocates emphasiae, calling for solidarity across the LGBTQ+ community and among allies during this challenging period.
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