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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
AskingQuestionsAllTheTime · 26/05/2026 16:55

My philosophical belief is that what's mine is mine and what's yours is also mine, so I have the right to take and use for my own purposes whatever I know to be mine that happens to be in your possession.

This larcenous behaviour is protected in law because it is a philosophical belief.

I should think anyone with half a braincell can see that this is fallacious.

TheywontletmehavethenameIwant · 26/05/2026 16:52

I'm having trouble understanding how something that must not be revealed is a philosophical believe.

How does someone who doesn't want anyone to know they're 'trans' claim to believe in 'trans' as a philosophy.
How do they live their life according to their philosophy if they won't admit they are 'trans', aren't they denying their own philosophy if they do.

It's not a philosophy it's a cult, and therefore not protected characteristic.

OpheliaWitchoftheWoods · 26/05/2026 16:50

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

Chaibiscuits · 26/05/2026 16:48

How is someone’s sex supposed to be proved? A man can walk into women’s toilets without changing their presentation at all and when challenged simply say my sex is female. What does anyone do about that?

SlackJawedDisbeliefXY · 26/05/2026 16:46

LazyFoxy · 26/05/2026 16:29

TP would not be forcibly outed, they just think they will be. Maybe that's a philosophical belief? We all have eyes. And ears.
What is being 'sexually ambiguous'? Sounds like someone who doesn't know who they're attracted to? Does not sound like anything to do with dressing!!
Emily has outed themselves by using the nonsense that is CIS
(Yes I know what it means)

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

theilltemperedamateur · 26/05/2026 16:42

Some TW who think they pass will be in for a rude awakening, I think. I do hope that there are enough Dreadful Middle-aged Women to go around all the toilets and changing rooms of the Nation.

Is the basis of the exclusion not knowledge of a person's actual sex but the fact that on balance they do not present as a woman?

Yes, the TRAs are correct that we organise society based on superficial appearance, but draw the wrong conclusion as to what this means for the definition of a woman.

They forget that most humans can quickly tell, on meeting another, exactly what external genitals they were born with. There's no need for faffing around unless people start adopting really elaborate sex-disguises.

LazyFoxy · 26/05/2026 16:29

TP would not be forcibly outed, they just think they will be. Maybe that's a philosophical belief? We all have eyes. And ears.
What is being 'sexually ambiguous'? Sounds like someone who doesn't know who they're attracted to? Does not sound like anything to do with dressing!!
Emily has outed themselves by using the nonsense that is CIS
(Yes I know what it means)

OpheliaWitchoftheWoods · 26/05/2026 16:18

This reply has been withdrawn

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

SlackJawedDisbeliefXY · 26/05/2026 16:09

FlirtsWithRhinos · 26/05/2026 15:58

Most likely they won't kick up the fuss there and then, but do it publicly and retrospectively.

The tack will be that most insidious of arguments - "Ok yes in this instance I am a trans woman" - (they won't say male but basically Yes Ok I am male) - " but you didn't know that for sure, so you could have been ejecting a cis woman, and that is why this is unworkable". In other words, the fact that a man has been ejected will be twisted as "proof" that women are at risk of being ejected.

This will be supported by a chorus line of useful idiot "allies" who actually are female trying to get themselves challenged in women's spaces then refusing to provide any simple proof of their sex to defuse the situation so they get ejected "for not being women" even though they are, and so can shout about it to all and sundry.

And to be clear, by any simple proof of their sex I obviously do not mean a physical display, just an undoctored driving license / passport if they have one or a simple doctors' letter / photo of their GRC if they don't, not because they have to carry such a thing but because knowing their sex is sometimes misread for their own convenience they may choose to, just as people with medical or other conditions that can trigger security questions often travel with suitable proof to quickly pass anticipated questions.

The above shouldn't need saying really, but we know how quickly some TRA minds jump to the idea of forced physical inspections Envy <-- not envy

Per previous poster

It is not illegal sex discrimination to exclude from a women-only Schedule 3 service every person who looks like a man and this is indeed the informal basis on which such services always used to be run.

Is the basis of the exclusion not knowledge of a person's actual sex but the fact that on balance they do not present as a woman?

Will police footage of a person kicking off be sufficient evidence of male pattern behavior?

OpheliaWitchoftheWoods · 26/05/2026 16:07

This reply has been withdrawn

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

BridgetPhillipsonIsACowardlyJobsworth · 26/05/2026 16:02

Well, one thing we know for sure, if they can try it, they will!

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.

FlirtsWithRhinos · 26/05/2026 15:58

This reply has been deleted

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

Most likely they won't kick up the fuss there and then, but do it publicly and retrospectively.

The tack will be that most insidious of arguments - "Ok yes in this instance I am a trans woman" - (they won't say male but basically Yes Ok I am male) - " but you didn't know that for sure, so you could have been ejecting a cis woman, and that is why this is unworkable". In other words, the fact that a man has been ejected will be twisted as "proof" that women are at risk of being ejected.

This will be supported by a chorus line of useful idiot "allies" who actually are female trying to get themselves challenged in women's spaces then refusing to provide any simple proof of their sex to defuse the situation so they get ejected "for not being women" even though they are, and so can shout about it to all and sundry.

And to be clear, by any simple proof of their sex I obviously do not mean a physical display, just an undoctored driving license / passport if they have one or a simple doctors' letter / photo of their GRC if they don't, not because they have to carry such a thing but because knowing their sex is sometimes misread for their own convenience they may choose to, just as people with medical or other conditions that can trigger security questions often travel with suitable proof to quickly pass anticipated questions.

The above shouldn't need saying really, but we know how quickly some TRA minds jump to the idea of forced physical inspections Envy <-- not envy

Pingponghavoc · 26/05/2026 15:53

I think the risk for business is that after something bad happens, its established that they didn't do enough to keep men out.

If women have raised the alarm and they haven't taken action in the past, it doesnt matter what the gender identity of the perpetrator is, they've allowed men to enter womens spaces.

So business have to balance the risk of being known as 'inclusive' with the risk of something bad happening. It makes sense for the business to be seen as maintaining single sex spaces to the best of their ability.

AMansAManForAllThat · 26/05/2026 15:53

BridgetPhillipsonIsACowardlyJobsworth · 26/05/2026 14:27

In short, when Willoughby rocks up, it's OK to say 'you can't come in because you look like a man' and his only recourse is to go elsewhere, because he can't prove he's a woman.

As has been said by people "in the know" on MN (not me), the onus is on the individual to prove their status/right to use the service, not on the provider to prove s/he can't. (Please someone do step in if this is not correct)

However, in reality, this is predicated on said individual bring reasonable. Would Willoughby be reasonable if told no, or asked to prove his sex? His other recourse could be to kick up a fuss, or worse, so I hope providers are prepared for that. (They won't be, so they will cave, and then it will be for women, yet again, to sue the provider). Why would a provider get involved until they have to, when they know that most women won't have the resources to sue them?

This all assumes that the provider knows that the onus is on the individual.

Gosh, I’d love to do that pointy finger in the face thing back at India! “I AM A WOMAN!” he shouted, waving his finger in someone’s face.
“NO YOU ARE NOT”, I’d point back.

OpheliaWitchoftheWoods · 26/05/2026 15:48

This reply has been withdrawn

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

BridgetPhillipsonIsACowardlyJobsworth · 26/05/2026 15:45

This reply has been deleted

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

Let's hope the police remember their jobs. This has not been a given in recent years, as we all know.

OpheliaWitchoftheWoods · 26/05/2026 15:39

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

SlackJawedDisbeliefXY · 26/05/2026 15:38

Ereshkigalangcleg · 26/05/2026 15:34

I think we’re on the right track but it will take a while.

Agreed, one of the best allies for this may be committed TRA themselves who need to make the point that they are going to ignore the legislation and advice.

Ereshkigalangcleg · 26/05/2026 15:34

I think we’re on the right track but it will take a while.

BridgetPhillipsonIsACowardlyJobsworth · 26/05/2026 15:32

I am hoping (!) that a letter before action to the service provider might be enough in most cases, but if you complain in person (there is a man in the ladies changing room), and the staff do nothing, and you don't have proof (who's going to whip out their phone and photograph a man in the changing room and risk a broken phone, or worse), what's your letter going to say? All the provider has to say is "no there wasn't " and hope it doesn't become a regular thing.

I'm really not trying to be the voice of doom here. We have the law, we have the guidance, and if I'm in a situation when it really matters to me, I will certainly consider legal action. I just can't see how this is going to work in practice until every woman and every provider gets used to saying "no." How long will that take?

Ereshkigalangcleg · 26/05/2026 15:18

SlackJawedDisbeliefXY · 26/05/2026 15:17

So, as a business owner, you get staff to frog-march the person off the site, hoping that they don't struggle so much that they claim injury and try to sue.
Then you have to deal with a couple of weeks worth of the activists mates picketing your business.
Finally you have months worth of bogus reviews turning up online.

I am guessing that most business will do all they can to avoid doing anything until some high profile (expensive) cases of indirect sex-discrimination wind their way through the courts.
What sort of penalties do businesses risk for indirect sex-discrimination?

Even with the legislation and the advice it is going to be an uphill struggle

They risk a high profile court case where they look unhinged.

SlackJawedDisbeliefXY · 26/05/2026 15:17

theilltemperedamateur · 26/05/2026 15:00

Or is the sanction that you regularly get called out for using the wrong facilities and eventually move to the gender neutral facilities for a quiet life?

This. Or get banned from the gym/pub/whatever. Or provider gets sued for indirect sex-discrimination.

It really is a culture war. Some unsayable things need to get sayable.

So, as a business owner, you get staff to frog-march the person off the site, hoping that they don't struggle so much that they claim injury and try to sue.
Then you have to deal with a couple of weeks worth of the activists mates picketing your business.
Finally you have months worth of bogus reviews turning up online.

I am guessing that most business will do all they can to avoid doing anything until some high profile (expensive) cases of indirect sex-discrimination wind their way through the courts.
What sort of penalties do businesses risk for indirect sex-discrimination?

Even with the legislation and the advice it is going to be an uphill struggle

theilltemperedamateur · 26/05/2026 15:00

SlackJawedDisbeliefXY · 26/05/2026 14:56

In short, when Willoughby rocks up, it's OK to say 'you can't come in because you look like a man' and his only recourse is to go elsewhere, because he can't prove he's a woman.

Trying to work out if the advice has any teeth.

If Willoughby refuses to to leave, is the escalation route for either party (or both parties) to then get the police involved? One party claiming 'transphobia' the other party claiming illegal use of a single sex space?
Does something like this ever get to court?
Or is the sanction that you regularly get called out for using the wrong facilities and eventually move to the gender neutral facilities for a quiet life?

Or is the sanction that you regularly get called out for using the wrong facilities and eventually move to the gender neutral facilities for a quiet life?

This. Or get banned from the gym/pub/whatever. Or provider gets sued for indirect sex-discrimination.

It really is a culture war. Some unsayable things need to get sayable.

SlackJawedDisbeliefXY · 26/05/2026 14:56

theilltemperedamateur · 26/05/2026 14:11

I looked at S13, S29, and Schedule 3 Part 7, and I'm by no means convinced that anyone needs to prove their sex in order to obtain something that they are legally entitled to in relation to a Schedule 3 service, unless they are a transman relying on the protected characteristic of gender reassignment.

It is not illegal sex discrimination to exclude from a women-only Schedule 3 service every person who looks like a man and this is indeed the informal basis on which such services always used to be run.

Of all the people who look like men...

all the actual men (including transwomen) must be excluded to retain the Schedule 3 exemption. They don't have proof they're female, obviously, and...

it is illegal discrimination, as to gender reassignment, to exclude a transman from a women-only Schedule 3 service unless exclusion is a proportionate means to a legitimate aim. The worked example is a rape support service, which I think sets rather a high bar, but this seems unlikely to be a real world problem because IME transmen are not unreasonable bastards would self-exclude anyway if their presence was unwelcome.

That only leaves legal females who look male because, for example, they have an XY DSD. Their legal position is unchanged by FWS and is not wholly satisfactory (transmen have protection that they do not, for instance). But at least they can prove their sex, which may be a solution in many situations (to a problem they'll have grappled with their whole life, completely independently of the trans issue).

In short, when Willoughby rocks up, it's OK to say 'you can't come in because you look like a man' and his only recourse is to go elsewhere, because he can't prove he's a woman. But no-one will force him to reveal any information about himself at all.

In short, when Willoughby rocks up, it's OK to say 'you can't come in because you look like a man' and his only recourse is to go elsewhere, because he can't prove he's a woman.

Trying to work out if the advice has any teeth.

If Willoughby refuses to to leave, is the escalation route for either party (or both parties) to then get the police involved? One party claiming 'transphobia' the other party claiming illegal use of a single sex space?
Does something like this ever get to court?
Or is the sanction that you regularly get called out for using the wrong facilities and eventually move to the gender neutral facilities for a quiet life?

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