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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:
Thread gallery
32
nauticant · 22/05/2026 10:04

Right, so now it's on Woman's Hour.

Keeptoiletssafe · 22/05/2026 10:04

MalagaNights · 22/05/2026 09:46

I'm interested in this point.

When a TIM is now continuing to openly use women's facilities can they as an individual be challenged legally?

I think the voyeurism section would need to be looked at too. Now it seems that the washroom part is indeed private, and men aren’t allowed in women’s toilets due to their sex, it would seem this is relevant:
https://www.legislation.gov.uk/ukpga/2003/42/section/67

It’s the complexity of what is sexual gratification. If it is an ‘indulgence’ then I think there is a case for voyeurism.

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

BridgetPhillipsonIsACowardlyJobsworth · 22/05/2026 10:03

MalagaNights · 22/05/2026 09:46

I'm interested in this point.

When a TIM is now continuing to openly use women's facilities can they as an individual be challenged legally?

If he continually tries to use female spaces, yes, apparently we can challenge, but it must be in a "kind" way that doesn't constitute harassment. How we are supposed to judge that, well, that will be in the eye of the beholder, apparently.

So, we will continue to have to take legal action just to enforce our rights.

BridgetPhillipsonIsACowardlyJobsworth · 22/05/2026 09:59

Nonnim · 21/05/2026 22:40

How can it ever be proportional to exclude a woman from a service provided for women on the basis of her appearance? So we’re talking about specialist services for women who have experienced rape, or mental ill health - these women have a right to these services, where are they supposed to go?

Nonnim you have asked this question twice, and I did respond to you yesterday, perhaps you haven't seen it:

"I do agree that on the face of it, it seems very unfair. The SC judgment I believe mentioned situations such as rape crisis counselling, and other such situations, as other posters have said.

However, I do feel that if you as a female are determined to be viewed , and believed, as a male, and have gone through as many administrative and even medical processes as you can to outwardly appear male, there will undoubtedly be social consequences. And, because we normally do not allow anyone under 18 to have these processes, women who choose to do this are adults, and must accept certain consequences as an adult.

My family member is one such woman, who now presents as male, and aside from the obvious " delusion " (my word for it) that she is now a man, also realizes that she probably will not be welcomed in female spaces, although she does not feel safe in male spaces. So she uses mixed-sex spaces or nothing at all.

It's very limiting, and she knows it, but she's an adult and made her choices. I worry for her, but it wasn't my decision to make."

Nonnim, you may not like the state of things (as I said, it's not ideal) but it is the law.

I understand your frustration, but continuing to ask us here how this can be justified will not get you a different answer. We cannot change the law here.

nauticant · 22/05/2026 09:56

So, how will this be handled on Woman's Hour which is about to start?

They really don't like this subject at all and I can't imagine Anita Rani being happy if she had in mind doing one of her Fluffy Friday episodes.

Mmmnotsure · 22/05/2026 09:50

FernandoSor · 22/05/2026 07:52

You clearly don’t know many young women. I have student age 18-25 relatives who hand on heart believe it with every fibre of their body.

On the contrary, I know many. And also a number of trans-identifying young men who are in their social groups.

It is fascinating to watch the body language and the level of cognitive dissonance, even distress, that the young women (and men) demonstrate. They may be able to deal if the word woman is used, but when the concept of the actual physical sex of the TiM comes into play - one example is when they decided to go wild swimming on the spur of the moment - it is clear that they are aware even if they cannot give themselves permission to express it.

MalagaNights · 22/05/2026 09:46

Coatsoff42 · 22/05/2026 09:26

I feel like this guidance leaves transgender people liable themselves as individuals. It’s more clear that facilities designated single sex are exactly that, and you as an individual can be in no doubt whether or not you should be in there.

Is it not now entirely reasonable to make a claim of harassment against an individual when previously individuals would have said it was allowed on management policy.
Is there not now no justification for an individual to use the opposite sex facilities?

I'm interested in this point.

When a TIM is now continuing to openly use women's facilities can they as an individual be challenged legally?

Coatsoff42 · 22/05/2026 09:26

I feel like this guidance leaves transgender people liable themselves as individuals. It’s more clear that facilities designated single sex are exactly that, and you as an individual can be in no doubt whether or not you should be in there.

Is it not now entirely reasonable to make a claim of harassment against an individual when previously individuals would have said it was allowed on management policy.
Is there not now no justification for an individual to use the opposite sex facilities?

TheABC · 22/05/2026 08:55

Ministers expects the guidance to be legally challenged? Bring it on. It will make a change for the TRAs to fund the court battles and face the slog of proving their case.

This IS based on the law. Sex = single sex and they still have their protected rights. If anything is unclear, it will be:

  • how to appropriately challenge a transgression ( but service providers are permitted to do this in order to maintain SSS)
  • how to accommodate transmen so they don't suffer detriment
  • Reporting of sex for safeguarding and criminal investigations.

This has cost one hell of a lot of time, money, stress, individual careers and for too many women: targeted abuse including death threats. But, because we've played the long game we have:

  • Dedicated grassroots csmpaigners
  • Dedicated organisations
  • Highly educated (and pissed off) minds across law, journalism, medical sciences, sports and schools fighting this mess
  • A press who is not afraid to talk about penises to politicians
  • A dedicated body of case law that's going to be very hard to overturn and undo.

It's not over but we can stop the gender juggernaut from going any further. I am worried that the Greens might get in as part of a coalition at the next election and demand changes as the price of their support. However, both the Tories and Reform have identified this as an achilles heel and it won't happen quietly.

FernandoSor · 22/05/2026 08:42

FernandoSor · 22/05/2026 08:41

Yes

Actually no, they were that sex all along.

FernandoSor · 22/05/2026 08:41

EasternStandard · 22/05/2026 08:13

Believe what exactly - That someone has changed sex?

Yes

SingleSexSpacesInSchools · 22/05/2026 08:40

EasternStandard · 22/05/2026 08:13

Believe what exactly - That someone has changed sex?

They really is a good portion of people young people, especially and I suspect more female than male who do actually truly do their core believe it. I know it’s double think and thought crime combined.

but enough people really are true true believers yes

OP posts:
nauticant · 22/05/2026 08:14

Amol Rajan prefaced the chat with three key points that he stressed:

  1. This guidance is not the law. The law is the law
  2. It relates to service providers not employers.
  3. Concerns can be raised in the 40 day period.
EasternStandard · 22/05/2026 08:13

FernandoSor · 22/05/2026 07:52

You clearly don’t know many young women. I have student age 18-25 relatives who hand on heart believe it with every fibre of their body.

Believe what exactly - That someone has changed sex?

Keeptoiletssafe · 22/05/2026 08:12

Mmmnotsure · 21/05/2026 23:43

From the Good Law Project's response:

Forcing trans people to use third spaces creates stigma, and risks outing them. A trans woman who goes to the pub with the rest of her female friend group would have to explain why she cannot go into the women’s toilets with them.

Do the GLP live in a world without senses or instinct? No group of women would genuinely believe that a TW who they knew enough to be friends with was actually female.

Their ‘sophisticated’ (their words) solution for schools in the KCSiE was for all toilets to be fully enclosed with all facilities (sink etc) inside. This is the only regulated design for mixed sex use. Firstly cost?! Then space - far few toilets to use. Then the fact they are more dangerous. As a design they have to all lead out of to a corridor/ circulation space. How’s that going to work in a pub? No one would be going to the toilet with anyone. They’d be hanging around the doors to the unisex rooms.

nauticant · 22/05/2026 08:11

Dr Mary-Ann Stephenson is about to be interviewed on Radio 4.

OP posts:
SingleSexSpacesInSchools · 22/05/2026 07:56

FernandoSor · 22/05/2026 07:52

You clearly don’t know many young women. I have student age 18-25 relatives who hand on heart believe it with every fibre of their body.

The introduction of actual thought crime by the party is complete.

people really do know for sure men can become women.

(the party being the revolving door establishment blob of the last 30 years)

OP posts:
FernandoSor · 22/05/2026 07:52

Mmmnotsure · 21/05/2026 23:43

From the Good Law Project's response:

Forcing trans people to use third spaces creates stigma, and risks outing them. A trans woman who goes to the pub with the rest of her female friend group would have to explain why she cannot go into the women’s toilets with them.

Do the GLP live in a world without senses or instinct? No group of women would genuinely believe that a TW who they knew enough to be friends with was actually female.

You clearly don’t know many young women. I have student age 18-25 relatives who hand on heart believe it with every fibre of their body.

SingleSexSpacesInSchools · 22/05/2026 07:42

I am really worried about the language in posts like this responding to the code

https://www.reddit.com/r/transgenderUK/comments/1tk1vng/is_anything_more_just_harassment_and/

War
genocide
nazis
gas chambers
eradication

OP posts:
Justme56 · 22/05/2026 06:56

Parkingpermitfallout · 22/05/2026 06:07

The same can be said about people with hidden disabilities who use the disabled toilets.

whats so different about trans people’s feelings?

Because in GLP world, trans people’s feelings will always take priority over everyone else’s. Nobody else’s feelings matter. Even if they are given alternative spaces and services, according to GLPs logic that will never be good enough, because being a woman or a man is just about some ‘inner feeling’ and has nothing to do with actual sexed bodies.

Parkingpermitfallout · 22/05/2026 06:07

Mmmnotsure · 21/05/2026 23:43

From the Good Law Project's response:

Forcing trans people to use third spaces creates stigma, and risks outing them. A trans woman who goes to the pub with the rest of her female friend group would have to explain why she cannot go into the women’s toilets with them.

Do the GLP live in a world without senses or instinct? No group of women would genuinely believe that a TW who they knew enough to be friends with was actually female.

The same can be said about people with hidden disabilities who use the disabled toilets.

whats so different about trans people’s feelings?

nauticant · 22/05/2026 06:03

The chair of the EHRC will be on the Today programme on Radio 4 at 8.10.

Brainworm · 22/05/2026 05:16

Nonnim · 21/05/2026 22:40

How can it ever be proportional to exclude a woman from a service provided for women on the basis of her appearance? So we’re talking about specialist services for women who have experienced rape, or mental ill health - these women have a right to these services, where are they supposed to go?

As a starting point, is unlikely that a transman will want to attend a female only service. Furthermore, if the service is in response to VAWG, it is likely that a passing transman would need specialist intervention - they identify as a member of the group that is deliberately excluded from the service for therapeutic reasons.

Raped and abused females with male identities need access to support and intervention but lumping them in with non trans females is problematic for both parties.

Transmen may need to access 1:1 services or mixed sex provision. This is one of the often unconsidered consequences of choosing to masculinise a female body.

MyAmpleSheep · 22/05/2026 02:31

selffellatingouroborosofhate · 22/05/2026 02:07

Ministers privately expect the guidance to face continued legal challenges once it comes into force.

From which faction are the ministers expecting legal challenges? It would be interesting to know who they expect to be dissatisfied with the guidance.

I’m confident GLP will mount a rearguard action to firm it up by losing a challenge to it somehow. 10% is for administration fees, you know.

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