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Feminism: Sex and gender discussions

Labour’s trans guidance ‘poses danger to women’

267 replies

IwantToRetire · 26/05/2026 01:42

New transgender guidance approved by Labour risks putting women in danger, say campaigners.

The updated code of practice from the Equality and Human Rights Commission (EHRC) states that information about sex is “sensitive” and should be treated as “special category data”.

Women’s rights campaigners have warned that the guidelines misinterpret data protection laws and put women at risk of “unlawful harassment”. Special category data refer to personal information that needs more protection because it is sensitive.

Maya Forstater, the chief executive of Sex Matters, said in the letter that she was “surprised and dismayed” to see the guidance on special category data, claiming it went significantly beyond the EHRC’s mandate.

She wrote: “These statements are wrong in both fact and law. For the vast majority of people, information about their sex is not sensitive, and it is very rarely possible for anyone to keep their sex private over sustained periods.

“Sex is not special category data. It is ordinary personal data which can be used routinely, just like other personal information such as name or age that must also be used fairly, lawfully and transparently with appropriate scrutiny.”

On Monday night, the Government opened the door to rewriting the guidance within days of its publication, saying it was “looking into” the concerns raised by campaigners.

Full article https://www.telegraph.co.uk/politics/2026/05/25/campaigners-claim-labour-trans-guidance-risks-harassment/

Also at https://archive.is/J6Ttm

I think this was included on several of the many threads since "Guidelines" Published.

So posted as a new thread more for the last paragraph which seems to idicate Sex Maters has more than a little bit of influence!

Criticism post on 22 May, and response from Goverment on 25 May - a bank holiday!

https://www.telegraph.co.uk/politics/2026/05/25/campaigners-claim-labour-trans-guidance-risks-harassment

OP posts:
Thread gallery
5
Grammarnut · 27/05/2026 00:24

EmilyinEverton · 26/05/2026 02:29

I disagree that asking about sex doesn't qualify as special category data because gender identification is a philosophical belief (a special category) which could be exposed via a providers questioning.

Unless this is tested in court the EHRC are correct in applying caution to providers.

This is just another example of confusion & legal minefield private spaces has created for providers & patrons.

It's very simple. People with penises, however they ID, must stay out of spaces, places, refuges, sports, changing rooms and toilets, prisons and sleeping places which are designated for biological women (there isn't another kind of woman so all of above should be simplicity itself).

MyAmpleSheep · 26/05/2026 23:02

MyAmpleSheep · 26/05/2026 22:07

I have been asking this question for years. I’ve never seen an answer that makes sense, and I suspect there isn’t one.

GR is the only protected characteristic that depends on the holder’s desire to successfully conceal another protected characteristic that they hold. It’s bizarre.

Imagine if I had a club for Polish people - permitted by the EA2010. And there was a cohort of people who weren't Polish, but were desperate to be Polish, and they managed to convince a section of society that the knowledge of whether they actually were, or were not Polish was of such a sensitive nature as to need to be hidden and never acknowledged.

Then some not-from-Poland-but-wanting-to-be-Polish people come to my club for Polish people and tell me that I can't tell if they're Polish or not, and that I'm forbidden to actually ask if they're Polish, because of how upset they'll be if anyone finds out they're not Polish.

Make it make sense. You can't.

MyAmpleSheep · 26/05/2026 22:07

AreYouSureAskedNaomi · 26/05/2026 07:38

What's wrong with being outed? Do TRAs feel that being trans is something to be ashamed of, something to be concealed?

I have been asking this question for years. I’ve never seen an answer that makes sense, and I suspect there isn’t one.

GR is the only protected characteristic that depends on the holder’s desire to successfully conceal another protected characteristic that they hold. It’s bizarre.

theilltemperedamateur · 26/05/2026 20:53

MarieDeGournay · 26/05/2026 20:26

In fairness, I have to point out that the Pope is actually thoroughly GC, so on this topic, the Pope is on our side🙃

Unusually amongst the major Christian churches [I think] the Catholic church opposes transgenderism, gender reassignment surgery, surrogacy, as well as violence against women, sexual abuse, human trafficking, assisted suicide, abortion etc. on the basis that they are injurious to the dignity of the human being as created by God.
Declaration “Dignitas Infinita” on Human Dignity (2 April 2024)

I'm an atheist, so I'm just sayin'Smile

Good for the Pope! The difference is that, unlike in 19th Century Prussia, the Pope cannot impose his beliefs by rule of law, for example by decreeing that all Irish people must be sex realist. The difference between them and us isn’t that they are wrong and we are right, but that they are authoritarian and we are liberal. We don't mind them having their beliefs, as long as we are not forced to join in.

Unfortunately, reinstating secular pluralism in this area may involve some trashing of their beliefs. But they are pants, so...

MarieDeGournay · 26/05/2026 20:26

theilltemperedamateur · 26/05/2026 16:02

Kulturkampf: this is just the start.

They're the Pope: we're Bismarck. They impose mandatory unfalsifiable metaphysical beliefs on everyone: we stand for Enlightenment values.

I can't believe they managed to become the Establishment, and turned us into insurgents, in just a few decades.

Humans just love religious authoritarianism, I guess.

Sorry, I digress. Just saying, it's not enough to win court cases. But the wins in court make it easier to see the truth. And public attitudes have changed already.

In fairness, I have to point out that the Pope is actually thoroughly GC, so on this topic, the Pope is on our side🙃

Unusually amongst the major Christian churches [I think] the Catholic church opposes transgenderism, gender reassignment surgery, surrogacy, as well as violence against women, sexual abuse, human trafficking, assisted suicide, abortion etc. on the basis that they are injurious to the dignity of the human being as created by God.
Declaration “Dignitas Infinita” on Human Dignity (2 April 2024)

I'm an atheist, so I'm just sayin'Smile

TheywontletmehavethenameIwant · 26/05/2026 19:54

RedToothBrush · 26/05/2026 19:11

I get offended every time I've asked for my gender as if it is sex. It is not sex and I don't believe in gender.

I agree, I think all forms who have the gender question should be made to have a Not Applicable box to tick, may be then they'll get the message.

Stillamum3 · 26/05/2026 19:51

Heggettypeg · 26/05/2026 04:00

The vast majority of the world's population, including most trans people, don't have the option of hiding their sex, even if they wanted to. No matter how many documents they alter, or are allowed not to produce, everyone will know quite well who they are, and pretending otherwise will just make them look silly or deceitful.

So all we're talking about is a minority of a minority - people who actually pass ( if they really do). Why should a small elite be privileged to withhold information which the rest of us can't?

If belief in gender identity is to be protected by privacy, then the belief-related thing that ought to be private is surely one's gender identification, (which everyone can conceal and nobody can prove), not one's sex ( which most people can't conceal, so making it "private" doesn't protect most believers in gender identity anyway.)

This is so true. As women, I think we are all able to suss out someone's sex, however well they think they "pass".
I was watching "Monsieur Spade" last night and the actor in that series set off my feeling of unease as to whether the woman he was playing was genuinely a woman, so eventually I googled and discovered that "she" was in fact Rebecca Root, a transwoman. He "passes" quite well, but there was just something about him that made me wonder and feel uncomfortable, and when I found out I felt conned.
So yes, most people do not have the ability to hide their sex - it can usually be easily, or not so easily observed.

RedToothBrush · 26/05/2026 19:11

EmilyinEverton · 26/05/2026 08:33

A good many people would be offended/upset that their sex wasn't obvious & regardless whether that's unreasonable doesn't change the fact they would be offended/upset. That this needs to be said is indicative of the social ignorance of those defending this kind of harassment.

You would think gender critical people would have some empathy to claims of discomfort from women given this is often presented as a valid reason for trans exclusion.

I get offended every time I've asked for my gender as if it is sex. It is not sex and I don't believe in gender.

thirdfiddle · 26/05/2026 19:02

Now wondering if they just meant you don't have to stand at the door of the loos and ask everyone going in what sex they are because you trust them to follow the rules.

Not that you can't ask questions if they go into what's clearly the wrong facility.

OpheliaWitchoftheWoods · 26/05/2026 18:55

This reply has been withdrawn

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

IwantToRetire · 26/05/2026 18:55

This is a bit off topic, but not sure we need another thread as it is related.

This bit of the new guidance did seem to be me to do away with that old chesnut of proportionate on a "case to case" basis (which was never true but a Labour rerail of their own wording under pressure from TRAs.

Proportionate means of achieving a legitimate aim

13.54 The requirements for showing that a restriction is a proportionate means of achieving a legitimate aim is discussed in general terms at paragraphs 5.52 to 5.57.

In the case of a body with charitable status, the restriction would need to promote, or in any event not inhibit, the fulfilment of one of its stated aims. A charity is permitted to apply a clearly defined rule to those who will and will not receive its benefits, and the reduced administrative cost associated with such a rule is relevant when considering the proportionality of the restriction.

13.55 To be proportionate, the impact of the restriction in furthering the aim in question should be balanced against its effect on those who are excluded from receiving benefits. This should be assessed on a group basis rather than an individual basis, by comparing the advantages for groups covered by the restriction with the disadvantages for groups that fall outside it .

Preventing or compensating for disadvantage linked to the protected characteristic

13.56 To show that restricting its benefits to people who share a protected characteristic is for the purpose of preventing or compensating for a disadvantage linked to that protected characteristic, the charity will need to demonstrate a reasonable connection between the past or current disadvantage experienced by this group and the benefits provided by the charity.

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#exceptions-1

But I am sure some funders and many TRAs will use the case by case arguement to try and stop services from saying they are women only, (as defined by the supremem court) and that is that!

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

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#exceptions-1

OP posts:
theilltemperedamateur · 26/05/2026 18:50

IwantToRetire · 26/05/2026 18:38

You've skipped over the bit where I said the providers put signs.

Just as you say not smoking, no dogs or whatever.

Then is someone contravenes this the providers is covered.

But the onus is on people behaving decently.

Setting out to deceive isn't being decent, and is making additional work for the provider.

As to whether the thread was going well, I did point out that after the first two pages of whatabouterry because one person thinks philosophical beliefs as more important that women's sex based rights, it may well have managed to escape this.

It's a good thread. The belief argument didn't really go anywhere, because it was just a proxy for the 'outing' issue. But the debate about that was fruitful, because we concluded that people will only get outed if they try to do what they aren't legally entitled to, which they therefore shouldn't bother with in the first place. 'I was outed as a thief because the security guard followed me instead of just ignoring me.'

IwantToRetire · 26/05/2026 18:38

BridgetPhillipsonIsACowardlyJobsworth · 26/05/2026 18:21

As has been said before on many threads, it is quite obvious that the onus isn't on the providers but on users.

I'm fairly sure we've had advice on various threads from people who say they are legal bods, that the onus is on the providers. If you want to take legal action for harassment, for example, you sue the service provider. Perhaps someone else legal can clarify?

Anyway, I thought the discussion was going well, but I guess that's all in the eye of the beholder.

You've skipped over the bit where I said the providers put signs.

Just as you say not smoking, no dogs or whatever.

Then is someone contravenes this the providers is covered.

But the onus is on people behaving decently.

Setting out to deceive isn't being decent, and is making additional work for the provider.

As to whether the thread was going well, I did point out that after the first two pages of whatabouterry because one person thinks philosophical beliefs as more important that women's sex based rights, it may well have managed to escape this.

OP posts:
theilltemperedamateur · 26/05/2026 18:37

BridgetPhillipsonIsACowardlyJobsworth · 26/05/2026 18:21

As has been said before on many threads, it is quite obvious that the onus isn't on the providers but on users.

I'm fairly sure we've had advice on various threads from people who say they are legal bods, that the onus is on the providers. If you want to take legal action for harassment, for example, you sue the service provider. Perhaps someone else legal can clarify?

Anyway, I thought the discussion was going well, but I guess that's all in the eye of the beholder.

I think these are two different onuses (onera?). The provider has an onus to ensure single-sex only use, in order to avoid indirect sex discrimination against female users. If an individual seeks access on the basis that their exclusion would be illegal discrimination as to gender reassignment, the onus is on them to prove their (female) sex.

AskingQuestionsAllTheTime · 26/05/2026 18:36

I honestly don't know how that quote got there after I had carefully deleted most of the post to which I was replying. Sorry.

Also, yes, sorry Chaibiscuits, as you say, it is about a bunch of people that "them" was being used. I think my problem may have been that I simply didn't believe in that plurality.

AskingQuestionsAllTheTime · 26/05/2026 18:31

Chaibiscuits · 26/05/2026 18:20

They is being used a plural here 🙄

Shortshriftandlethal
The woman ( in the swimming pool changing room) was just aggressive and prejudiced.

Also ignorant. Men have nipples too. So not having them doesn't instantly suggest "man!"

BridgetPhillipsonIsACowardlyJobsworth · 26/05/2026 18:21

As has been said before on many threads, it is quite obvious that the onus isn't on the providers but on users.

I'm fairly sure we've had advice on various threads from people who say they are legal bods, that the onus is on the providers. If you want to take legal action for harassment, for example, you sue the service provider. Perhaps someone else legal can clarify?

Anyway, I thought the discussion was going well, but I guess that's all in the eye of the beholder.

Chaibiscuits · 26/05/2026 18:20

AskingQuestionsAllTheTime · 26/05/2026 17:44

EmilyinEverton
There have been numerous incidents reported in the media of cis women being heckled, wrestled & demanded they leave public toilets for being men

(citation needed)

I can find examples of transwomen being asked to leave ladies' lavatories, but I haven't found an example of a woman being "heckled, wrestled & demanded she leave" (not "they" if it is a woman we are talking about).

They is being used a plural here 🙄

IwantToRetire · 26/05/2026 18:13

Sorry, but have been quite busy to day (and too hot) and starting reading responses to the OP I started late last night and just couldn't believe it has been hijacked.

A ruling or guidelines that is based on reality is just that.

As has been said before on many threads, it is quite obvious that the onus isn't on the providers but on users.

If something is single sex, all it needs are clear signs saying this facility is single sex, any one attempting to contravine this will be prosecuted. (And a sign to gender neutral facilities.)

As usual the argument (well in the first 2 pages before I gave up) was about those with philosophical beliefs have priority.

The issue is, as the article implies, that at the last moment the Government (not the EHRC) insert this proviso.

So first off, they have had months of not doing anything to say this is what they want to add.

And Sex Matters have pointed out that what the Government is saying isn't even legal.

So:
Labour exposed again as trying to prioritise trans over sex
Labour thinking that dont have to follow legal convention when it doesn't suit them
The ERHC being blamed for what the Government has done.

Has the EHRC made any sort of comment?

OP posts:
theilltemperedamateur · 26/05/2026 17:54

Wearenotborg · 26/05/2026 17:37

But if the member of staff does not know the person is trans, as it has not been disclosed, how can they be guilty of transphobia. Tge member of staff could just say they didn’t know the person was trans, just that they were the wrong sex for the facility. The only way the trans person could claim transphobia is if they, as Emily puts it, “outed themselves” by claiming transphobia.

It's tedious, isn't it? 99.9% of the time it's someone who's either a gnc man or a transwoman. You don't need to know which, and he hasn't got any proof he's female, so nobody gets outed. He says he left it in his other handbag and buggers off to the gender-neutral facilities. If they're genuinely female but look male, they're a transman, or have unusual physiology. You don't need to know which, and she has got proof she's female, so nobody gets outed. If it's a unicorn man who passes, he doesn't get challenged in the first place.

Why such snowflakes??

AskingQuestionsAllTheTime · 26/05/2026 17:44

EmilyinEverton
There have been numerous incidents reported in the media of cis women being heckled, wrestled & demanded they leave public toilets for being men

(citation needed)

I can find examples of transwomen being asked to leave ladies' lavatories, but I haven't found an example of a woman being "heckled, wrestled & demanded she leave" (not "they" if it is a woman we are talking about).

Wearenotborg · 26/05/2026 17:37

SlackJawedDisbeliefXY · 26/05/2026 16:46

Member of staff has a word, asks you to leave - no one is outed, you have just quietly been asked to leave

Member of staff has a word, asks you to leave - you kick off and start shouting about transphobia, you are responsible for outing yourself

But if the member of staff does not know the person is trans, as it has not been disclosed, how can they be guilty of transphobia. Tge member of staff could just say they didn’t know the person was trans, just that they were the wrong sex for the facility. The only way the trans person could claim transphobia is if they, as Emily puts it, “outed themselves” by claiming transphobia.

SternJoyousBeev2 · 26/05/2026 17:37

Claiming that asking someone’s sex is invalid as it might reveal that they have a GI is as ridiculous as trying to argue that requesting someone’s dietary restrictions isn’t permitted as it could reveal someone’s religious beliefs.

AskingQuestionsAllTheTime · 26/05/2026 17:34

EmilyinEverton
A good many people would be offended/upset that their sex wasn't obvious & regardless whether that's unreasonable doesn't change the fact they would be offended/upset.

I think someone being offended and/or upset and someone being the victim of sexual assault are in a completely different category of seriousness.

Also, I am reasonably sure that what might offend or upset these people is not that their sex isn't obvious, but that it is.

"Men are afraid women will laugh at them; women are afraid men will kill them."

AskingQuestionsAllTheTime · 26/05/2026 17:04

EmilyinEverton · 26/05/2026 07:47

Not necessarily lots of cis people are sexually 'ambiguous' in surface presentation that's why some are getting harassed in the ladies now as a result of the 'trans panic'.

Are you able to produce any examples of this? Accredited ones, it has to be, because you've been mistaken about so many facts so far that your unsupported word isn't really enough.

I wear jeans as a general rule, have a deep voice, and apparently don't mince like a Proper Laydee, and during the past fifty-plus years have occasionally been told (always by men trying to be helpful to or protective of women) "oy, mate, the gents is over here" as I go towards the ladies – in a pub for instance. I turn, I smile, he says "oops, sorry, love", and that's the extent of the harassment.

I have never during those years come across a single instance of any ordinary (if "sexually ambiguous", which presumably means wearing jeans, having a deep voice and failing to mince in the accepted manner) female person being harassed by women in a ladies lavatory. Not one single time. I can only assume women don't: if in doubt, they say nowt.

Maybe jazz pubs and folk clubs and other music venues are less damn silly than the imaginations of trans apologists.

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