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Feminism: Sex and gender discussions

EHRC Code of Practice on Services, Public Functions and Associations has been laid - here is the Code itself

386 replies

SingleSexSpacesInSchools · 21/05/2026 16:37

Written Statement made by: Secretary of State for Education and Minister for
Women and Equalities (Bridget Phillipson) on 21 May 2026:

https://commonsbusiness.parliament.uk/Document/105423/Pdf?subType=Standard

I have approved the draft Code submitted on 4 September 2025 and as updated by the EHRC in April 2026 following engagement with government and their consideration of consultation responses and further legal analysis.
The current Code was produced in 2011 and there have been significant developments since then, including the Supreme Court ruling in For Women Scotland, resulting in the EHRC wanting to update the Code.
Following last year’s Supreme Court ruling, the draft Code’s content on sex and gender reassignment has changed substantially from the 2011 version. The ruling made it clear that sex means biological sex for the purposes of the Equality Act 2010 and that trans people are still protected by the Act under the protected characteristic of ‘gender reassignment’.

The Code of Practice on Services, Public Functions and Associations itself:

https://www.gov.uk/government/publications/equality-act-2010-draft-code-of-practice-for-services-public-functions-and-associations-2026

Equality Act 2010: Draft Code of Practice for services, public functions and associations, 2026

The Equality and Human Rights Commission's draft updated Code of Practice for services, public functions and associations.

https://www.gov.uk/government/publications/equality-act-2010-draft-code-of-practice-for-services-public-functions-and-associations-2026

OP posts:
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32
SingleSexSpacesInSchools · 23/05/2026 11:23

Mmmnotsure · 23/05/2026 11:18

Extraordinary cartoon in The Guardian

I just don't have words. How can these two world views ever come to an accommodation?

If the Guardian is denying reality so clearly, what hope is there of calming this situation

OP posts:
Mmmnotsure · 23/05/2026 11:18

Extraordinary cartoon in The Guardian

EHRC Code of Practice on Services, Public Functions and Associations has been laid - here is the Code itself
Helleofabore · 23/05/2026 11:12

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This has been withdrawn by MNHQ at the poster's request.

The asymmetry when considering the negative impacts is stark.

I believe Ben Cooper has pointed out the discrimination that lies in male people’s mental health being considered when they assess whether that male prisoner get put into a female prison whereas they don’t give as much consideration to female mental health.

AmaryllisNightAndDay · 23/05/2026 10:59

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I agree. I guess I'm derailing because this kind of argument pisses me off so much! It's like taking all the mental health problems associated with "trans" and blaming them on "minority stress" - we wouldn't have mental health problems if only everyone else thought we were the sex we say we are or at least pretended that we were. And our bladders and genitals wouldn't be fucked up if only we could all have the bogs we want and never mind what we did to ourselves.

Just no.

Anyway, side issue. As you were!

BridgetPhillipsonIsACowardlyJobsworth · 23/05/2026 10:56

BridgetPhillipsonIsACowardlyJobsworth · 23/05/2026 09:27

I agree that I don't think I would like to make a case of "abuse" stick in court, however, I think we may need to look at it a slightly different way.

I think we need to remember that it is the space which is by law single-sex, and that there are valid reasons for that ( or it wouldn't be a single-sex space in the first place). If, as I think is correct ( and others have pointed out on here), it is the provider who is liable in these scenarios, then allowing a man, of any persuasion, into such a space could constitute harassment of women, present or future, in and of itself. Because women by law are allowed to expect that the space will always be free from men.

I don't think it matters in law if some women already in the space don't care that a man is there/has just walked in; the man being there has now prevented other women (some of whom, for religious reasons cannot used mixed-sex spaces) from using that single -sex space.

I'm fairly sure that the women who do/did not consent would then be able to take legal action against the provider for harassment.

edit

sorry, should have read: I agree that I don't think I would like to try to make a case of "abuse" stick in court,

OpheliaWitchoftheWoods · 23/05/2026 10:50

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This has been withdrawn by MNHQ at the poster's request.

AmaryllisNightAndDay · 23/05/2026 10:16

Also, according to a "Disabled Trans member of DR UK staff":
"Trans people are developing debilitating conditions and bladder problems from being unable to use public bathrooms for fear of harassment."

Is that more than they are developing by taking hormones which lead to genital atrophy and incontinence? Or having surgeries which mess up their elimination functions?

BridgetPhillipsonIsACowardlyJobsworth · 23/05/2026 09:27

Imdunfer · 23/05/2026 08:39

And any man entering a women's single sex space is abusing them.

It's not that clear cut though. If the women who are in there before the man goes in are all happy to have him there, and some women are, then at that moment he isn't harassing anyone.

The furthest that argument could go is that his presence is potentially harassing other women who might want to be in there, but that's never going to stick as a charge.

I agree that I don't think I would like to make a case of "abuse" stick in court, however, I think we may need to look at it a slightly different way.

I think we need to remember that it is the space which is by law single-sex, and that there are valid reasons for that ( or it wouldn't be a single-sex space in the first place). If, as I think is correct ( and others have pointed out on here), it is the provider who is liable in these scenarios, then allowing a man, of any persuasion, into such a space could constitute harassment of women, present or future, in and of itself. Because women by law are allowed to expect that the space will always be free from men.

I don't think it matters in law if some women already in the space don't care that a man is there/has just walked in; the man being there has now prevented other women (some of whom, for religious reasons cannot used mixed-sex spaces) from using that single -sex space.

I'm fairly sure that the women who do/did not consent would then be able to take legal action against the provider for harassment.

Keeptoiletssafe · 23/05/2026 09:23

It’s different in toilets. If you look at the Sexual Offences Act (2003) there’s a possibility he may get a criminal record. Toilets are such vulnerable places there’s a separate section on them and then there’s the first part of the voyeurism section.

I think now the EHRC has said the washroom section is private to women, there needs to be more clarity on what constitutes ‘sexual gratification’. Certainly some of the photos of men in women’s toilets on the internet look like they are sexual. If there’s a woman that feels distress and doesn’t want him there, surely this applies:

67
Voyeurism
[F1 (1)
A person commits an offence if
for the purpose of obtaining sexual gratification, he observes another person doing a private act, and
(b) he knows that the other person does not consent to being observed for his sexual gratification.

https://www.legislation.gov.uk/ukpga/2003/42/section/67

Any lawyers on here?

Sexual Offences Act 2003

An Act to make new provision about sexual offences, their prevention and the protection of children from harm from other sexual acts, and for connected purposes.

https://www.legislation.gov.uk/ukpga/2003/42/section/67

Imdunfer · 23/05/2026 08:39

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This has been withdrawn by MNHQ at the poster's request.

And any man entering a women's single sex space is abusing them.

It's not that clear cut though. If the women who are in there before the man goes in are all happy to have him there, and some women are, then at that moment he isn't harassing anyone.

The furthest that argument could go is that his presence is potentially harassing other women who might want to be in there, but that's never going to stick as a charge.

Ereshkigalangcleg · 23/05/2026 07:16

BridgetPhillipsonIsACowardlyJobsworth · 22/05/2026 16:17

I do agree about the distance we have come. I just wish the Guidance was less muddled. I think complicating it and adding in additional, unnecessary examples was deliberate.

Yep. And as pp said, hardly any examples of sex based rights around “trans” when it was the reason the guidelines were amended.

POWNewcastleEastWallsend · 23/05/2026 02:48

moto748e · 22/05/2026 19:50

I suppose also as our population ages, as it does in many countries, the proportion of wheelchair users is also likely to increase in the future?

Not just due to natural aging either. As people who have been on puberty blockers and/or cross-sex hormones and who have had "gender affirming surgery" age, they are disproportionately likely to have mobility problems, eg. due to osteoporosis and/or cardiac issues, and medical complications, eg. urinary incontinence.

As for the present, according to Disability Rights UK, "Around half of Trans people are also Disabled." (no reference cited but there is research support for this claim).

Disability Rights UK opposes the UK Supreme Court ruling on ‘biological sex’
17 April 2025
https://www.disabilityrightsuk.org/news/disability-rights-uk-opposes-uk-supreme-court-ruling-%E2%80%98biological-sex%E2%80%99

If that is true then up to 50% might already be using Accessible Toilets because of a disability, ie. rather than because they are trans. In which case the additional pressure on those facilities will not be as severe as it would be if all or most people with the POC of GR were able bodied.

Also, according to a "Disabled Trans member of DR UK staff":

"Trans people are developing debilitating conditions and bladder problems from being unable to use public bathrooms for fear of harassment."

Trans and Disability Justice: How Are Our Struggles Linked?
17 April 2025
https://www.disabilityrightsuk.org/news/trans-and-disability-justice-how-are-our-struggles-linked

Presumably the author would therefore welcome the fact that the Code of Practice includes a suggested scenario at 13.124 where a service provider pushed for space and funding "extends the use of the accessible toilet with baby changing facility so it can also be used as a mixed-sex toilet for anybody who does not wish to use the toilet for their sex.", ie. because this would alleviate fear of harassment?

Disability Rights UK has not yet published a response to the Code of Practice so we will have to wait and see. However, as DR UK "opposed" the Supreme Court Ruling I doubt that they are going to be over the moon with the Code of Practice.

ps. Estimates of proportion of "trans people" (adults) who have a disability or long-term medical condition - courtesy of Grok.

Around 40-50% of trans people in the UK report disability or long-term conditions, higher than general population rates (~20-25%).

Evidence summary:

  • Scottish data: 43.6% of trans individuals report disability.
  • UK GP Patient Survey (2021): Trans/non-binary adults show elevated long-term conditions (e.g., mental health, learning disabilities, autism) vs. general population.
  • Other UK surveys: Self-reported disability in trans groups often 33-45%+.

Disability Rights UK claim aligns with US data (~52% for trans) and UK patterns, but exact UK-wide figure lacks comprehensive census cross-tab (ONS has gender identity by disability datasets, limited published overlap).

References:

Uncertainties: Self-reported data; definitions of disability vary; trans population small (~0.5%); potential selection biases in surveys. No single definitive UK statistic.

IwantToRetire · 22/05/2026 21:41

moto748e · 22/05/2026 21:30

But isn't it also true to say that the more money a charity has, the more it can build its empire, employ more staff, etc etc? Surely there's plenty of current examples.

I think given very recent information published about how women's refuges are closing, the number of women waiting for a refuge bed space, that this isn't about empire building. This is just trying to survive.

Every year women's aid refugees are closing for no other reason than lack of funding, and / or funders thinking a refuge for women isn't important.

Nothing to do with trans, just good old fashioned men's rights in action in positions or power / source of money.

moto748e · 22/05/2026 21:30

But isn't it also true to say that the more money a charity has, the more it can build its empire, employ more staff, etc etc? Surely there's plenty of current examples.

BridgetPhillipsonIsACowardlyJobsworth · 22/05/2026 20:57

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Agreed. I did note the emphasis on funding, as it should be. Charities and other support organizations used to focus on money, money, and money. I used to do voluntary work for various charities, in various roles, and all they wanted to talk to me about was how I could increase their funding. Who can we tap? Who do we sit next to at this dinner, so we can hit them up for cash?

No rainbow, omnicause, touchy feely feelz crap. Just money. So I'm glad to see the emphasis. I hope more of them will turn that way. The more money a charity has, the more it can help everyone, including trans people if they need it.

OpheliaWitchoftheWoods · 22/05/2026 20:47

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Whatchamacallitt · 22/05/2026 20:38

SingleSexSpacesInSchools · 21/05/2026 20:07

I think the example given was quite clear, sexual assault support group, and someone who looks very much like a man may be triggering for women?

I'd be interested to know @sistersheal 's opinion on this, since as far as I understand it, you allow masculine, male passing trans-identified women to attend your women's rape crisis service. Do you think you will continue with this position in light of the ability to exclude them?

OpheliaWitchoftheWoods · 22/05/2026 20:13

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Weefloofy · 22/05/2026 20:05

Rachel Johnson LBC with guest Sharron Davies now

OpheliaWitchoftheWoods · 22/05/2026 20:04

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moto748e · 22/05/2026 20:01

(Have to admire the work that SM have done on this in a short period fo time. 2 fairly length but informative press releases in 2 days.)

And this. Always impressive and clear.

IwantToRetire · 22/05/2026 19:52

moto748e · 22/05/2026 19:25

SM on the case! So trans-friendly bits have been added in by Bridget/her chums at the OEO? What a bunch of shysters they are! 😡

I was just coming to post about this update from Sex Matters as I wanted to ask:

Does this mean in fact that the EHRC were not consultated on this and the OEO just added it.

If they did that just illustrates how under hand they are being.

I suspect they did, and this is just an alternative route to get trans people somehow defined as a sex so that in terms of the EA they have this additional protection, and not bother with the GRA process.

The back door to self identification.

And again the explanation as to why it is needed is because it just isn't fair on trans people to have to reveal their birth sex.

Whereas of course, they create the problem by not being honest and observing the law which says sex is biological.

They just aren't going to give in are they.

Its all about them.

Never about the fact that the court ruling was about how trans intrusion was discriminatory towards women trying to preserve their sx based rights.

They just aren't going to give in, are they?

(Have to admire the work that SM have done on this in a short period fo time. 2 fairly length but informative press releases in 2 days.)

moto748e · 22/05/2026 19:50

I suppose also as our population ages, as it does in many countries, the proportion of wheelchair users is also likely to increase in the future?

BridgetPhillipsonIsACowardlyJobsworth · 22/05/2026 19:46

IwantToRetire · 22/05/2026 18:16

Why this new trans guidance is bad news for disabled people like me

I am braced for the inevitable. Wheelchair users like me are caught in what I call a no-them’s-land – and experience tells me that, more often than not, disabled people, with our spacious accessible loos, will simply be made to share.

Hey, presto! A ready-made solution at zero cost! Disabled toilets are already there, trans people can just use them! You don’t mind, do you?

Well, I do, actually. Is it right that hard-won provisions for disabled people can be so blithely co-opted into a nebulous “third space” for those who can’t/won’t use either the Gents or the Ladies? To put it more forcefully, why should my conveniences be inconvenienced?

There aren’t enough disabled loos as it is. I often find that they’re of poor quality, poorly maintained, and sometimes made completely unusable by people who aren’t disabled waltzing in and making a disgusting mess involving discarded toilet paper and… worse.

https://www.independent.co.uk/voices/disabled-toilets-single-sex-bridget-philipson-trans-b2981866.html
and https://archive.is/f011P

@MarieDeGournay
Marie, have you seen this yet?