A leaked guidance document from the Equality and Human Rights Commission (EHRC) suggests that transgender people could be barred from using public toilets or changing rooms based on "how they look," their behavior, or concerns raised by others. This guidance, which has not yet been published by the government, reportedly states that trans men perceived as male could be excluded from women's spaces, even if they were assigned male at birth.
Trans rights campaigners have strongly criticized this leaked guidance, labeling it "dangerously misogynistic" and a potential step towards marginalizing transgender individuals. They argue that policing toilet access based on appearance could also lead to discrimination against cisgender women who do not conform to traditional feminine appearances, citing instances where such women have faced harassment or been accused of being transgender.
The EHRC maintains that it is not proportionate or practical to demand proof of a person's sex, such as a gender recognition certificate, and that trans people should not be left without essential services. However, the leaked document has fueled concerns that the EHRC's advice could enable discrimination.
Equities Minister Bridget Phillipson stated that she would thoroughly review the guidance, acknowledging the importance of single-sex provisions for women, particularly in sensitive environments like domestic violence services, while also emphasizing that trans people should be treated with dignity and respect. Legal experts suggest that if the guidance is as reported, it could be unlawful, as it may contravene the Equality Act's protections for transgender individuals.
