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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:
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5
titchy · 26/05/2026 09:41

EmilyinEverton · 26/05/2026 07:34

But you would only know their sex and what they looked like. There are some men who identify as men who have long hair and makeup and look very feminine. So you wouldn't know if the individual in front of you was a trans woman or a feminine styled man, or non-binary etc.

That's the point. You don't know & they potentially could be trans.

Otherwise asking the preferred pronouns of someone who was clearly biologically male or female would definitely 'out' their gender id.

It certainly has the potential to out them that's why people shouldn't be asked & they can volunteer them if they want to.

You’ve just knocked down your own argument! You don’t know and potentially they could be trans - which means that revealing their sex has not revealed any of their beliefs. So all good as Ian Fletcher would say.

OldCrone · 26/05/2026 09:38

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.

A good many people would be offended/upset that their sex wasn't obvious

Wouldn't most trans people be overjoyed at this?

Other people who had deliberately gone out of their way to look like the opposite sex would surely be unsurprised. It seems to me that to deliberately pretend to be something you are not and then complain when people are taken in would be a bit odd.

Ereshkigalangcleg · 26/05/2026 09:38

Shortshriftandlethal · 26/05/2026 09:16

This little addendum will not hold and will be challenged going forward. It was clearly a late addition to appease activists.

I agree. Depressing if FWS has to take the UK government to court as well as the Scottish one!

Datun · 26/05/2026 09:36

Shortshriftandlethal · 26/05/2026 09:32

Not without due parliamentary and legal process, surely?

You'd think I'll be reassured by that, wouldn't you! I'm not. This is transactivism at work.

I wonder if everybody who signed off on that stupid suggestion has actually seen many trans activists. Calling for women to be beaten and beheaded, walking around in basques and fishnets.

Ereshkigalangcleg · 26/05/2026 09:36

Datun · 26/05/2026 09:28

It's fucking depressing that they've managed to spectacularly mangle this having sat on it for over a bloody year.

It appears you can ask someone's sex if you're sensitive whilst going about it, but that it would be inappropriate and impractical if it wasn't about the primary service?

Are they trying to say that rape refuges yes, toilets at the Old Vic. no. Prison and sport, of course, pubs, not really.

They're really trying to fucking have their cake and then gobble it up at lightning speed, too.

It's always about toilets for trans activists, because that's their dose of daily, if not hourly, validation.

And this is how they're attempting to swing it. Toilets are attached to something else, they're not the primary service.

It's an absolutely shit show of course, because it's dual and contradictory advice running concurrently depending upon the service. when it should be depending on whether it's bloody single sex or not.

These men, as Sex Matters points out, are never, ever the sort of men you want in your space. The simple act of desiring to access unconsenting women shows it.

They'll never stop.

Edited

Exactly.

Shortshriftandlethal · 26/05/2026 09:35

EmilyinEverton · 26/05/2026 09:30

What is wrong with being discomfited, offended or upset?

If GC's actually believed that they wouldn't be demanding single sex spaces on behalf of women who feel that way being around trans women.

Can you back up this assertion that women are being harassed and being made to feel uncomfortable to an unacceptable degree?

There have been numerous incidents reported in the media of cis women being heckled, wrestled & demanded they leave public toilets for being men including cancer survivors. That some don't consider this as harassment is quite the tell of how much they actually really care about women's safety & well being.

I personally doubt that these multiple cases actually exist. They tend to follow the logic and the fantasy of trans activism ( that many trans identified people actually pass as the opposite sex). I've never personally come across such an incident, anyway.

But for those women this has happened to, then they'd simply have to state correctly that they are women...their voice would also give this fact away.

Ereshkigalangcleg · 26/05/2026 09:35

KnottyAuty · 26/05/2026 09:22

One thing that does concern me - if there are challenges to this guidance within the 40 days then does it have to go around the loop again? In other words could the government insert errors repeatedly so the guidance never comes into force? Left permanently in drafting or approval?

Interesting point. I wouldn’t put it past this shower.

Datun · 26/05/2026 09:34

EmilyinEverton · 26/05/2026 09:30

What is wrong with being discomfited, offended or upset?

If GC's actually believed that they wouldn't be demanding single sex spaces on behalf of women who feel that way being around trans women.

Can you back up this assertion that women are being harassed and being made to feel uncomfortable to an unacceptable degree?

There have been numerous incidents reported in the media of cis women being heckled, wrestled & demanded they leave public toilets for being men including cancer survivors. That some don't consider this as harassment is quite the tell of how much they actually really care about women's safety & well being.

More exaggeration, but even small incidents are entirely the fault of trans activism.

No women expected men to be in their spaces until TRAs tried to force their way in

nutmeg7 · 26/05/2026 09:34

nicepotoftea · 26/05/2026 08:54

I think this is the part of the guidance that seems contradictory:

13.170 It is unlikely to be either practical or appropriate to approach any particular individual to make enquiries about their sex in relation to facilities, such as toilets, which are incidental to the primary service.

Can one ask if the toilets are the primary service?

What if somebody walks into the wrong toilet by mistake?

Is "I think you might be in the wrong toilet..." an enquiry?

Can one approach a group of people and just vaguely ask "are there any men here?", being careful to avoid eye contact.

Is the suggestion that it would be reasonable to provide a single sex service because "only people of that sex require it" but as soon as those people use the changing room, all bets are off and it's a free for all?

I think this is the bit that has been inserted at the last minute and it doesn't make sense.

It does seem key to the fudging of the issue.

Primary services being single sex associations or services eg rape crisis centre.

However, it does say where toilets are “incidental” to the primary service.

If the primary service is mixed sex eg. Swimming pool, are they really trying to say that the toilets and changing rooms are “incidental” ?

It seems they have invented a new category of single sex services that are “only” incidental and somehow don’t count really.

It is a massive attempt at a fudge to avoid clear guidance on the obvious difficult situation of service providers needing to challenge an obvious male in the toilets or changing rooms.

Shortshriftandlethal · 26/05/2026 09:32

Datun · 26/05/2026 09:31

Do the government have the power just insert sex into that category?

Not without due parliamentary and legal process, surely?

Datun · 26/05/2026 09:31

Shortshriftandlethal · 26/05/2026 09:19

"This is wrong in law.
Article 9(1) of UK GDPR defines special category data as “personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.” It does not include sex."

Do the government have the power just insert sex into that category?

EmilyinEverton · 26/05/2026 09:30

MagpiePi · 26/05/2026 09:20

What is wrong with being discomfited, offended or upset? If you are so hugely distressed at being mistaken for the opposite sex that you think that nobody should ever be questioned, then it is you that has the problem, not society.

Can you back up this assertion that women are being harassed and being made to feel uncomfortable to an unacceptable degree?

What is wrong with being discomfited, offended or upset?

If GC's actually believed that they wouldn't be demanding single sex spaces on behalf of women who feel that way being around trans women.

Can you back up this assertion that women are being harassed and being made to feel uncomfortable to an unacceptable degree?

There have been numerous incidents reported in the media of cis women being heckled, wrestled & demanded they leave public toilets for being men including cancer survivors. That some don't consider this as harassment is quite the tell of how much they actually really care about women's safety & well being.

Datun · 26/05/2026 09:28

It's fucking depressing that they've managed to spectacularly mangle this having sat on it for over a bloody year.

It appears you can ask someone's sex if you're sensitive whilst going about it, but that it would be inappropriate and impractical if it wasn't about the primary service?

Are they trying to say that rape refuges yes, toilets at the Old Vic. no. Prison and sport, of course, pubs, not really.

They're really trying to fucking have their cake and then gobble it up at lightning speed, too.

It's always about toilets for trans activists, because that's their dose of daily, if not hourly, validation.

And this is how they're attempting to swing it. Toilets are attached to something else, they're not the primary service.

It's an absolutely shit show of course, because it's dual and contradictory advice running concurrently depending upon the service. when it should be depending on whether it's bloody single sex or not.

These men, as Sex Matters points out, are never, ever the sort of men you want in your space. The simple act of desiring to access unconsenting women shows it.

They'll never stop.

Shortshriftandlethal · 26/05/2026 09:26

EmilyinEverton · 26/05/2026 07:34

But you would only know their sex and what they looked like. There are some men who identify as men who have long hair and makeup and look very feminine. So you wouldn't know if the individual in front of you was a trans woman or a feminine styled man, or non-binary etc.

That's the point. You don't know & they potentially could be trans.

Otherwise asking the preferred pronouns of someone who was clearly biologically male or female would definitely 'out' their gender id.

It certainly has the potential to out them that's why people shouldn't be asked & they can volunteer them if they want to.

Which reveals the fact that 'trans' is a conceptual state rather than an actual state, one which exists only in the mind of the one that uses that term to describe a cross sex appearance or presentation.

BonfireLady · 26/05/2026 09:25

theilltemperedamateur · 26/05/2026 09:00

All this presupposes that if a trans person is challenged for using opposite-sex services, then they must out themselves. No they don't (and what's the point? They're not entitled to use the service anyway). All they need to do is use the gender-neutral services.

It's ridiculous to suggest that providers cannot make access to a single-sex service conditional on providing proof of sex.

Indeed.

If they genuinely do "pass" and are trying to follow the law by using the right single-sex space (i.e. the one that matches their sex) then they might get challenged, granted.

But when they transitioned, having to prove their actual biological sex on some occasions (the ones where it mattered) was a natural consequence that they must have been aware of, even if they didn't fully understand what the impact might be.

Luckily for anyone trying to follow the law, very few transwomen actually do pass. Their gait is generally the biggest giveaway, even more so in combination with other factors such as their head shape and shoulders/frame.

Sadly some transmen will find that they look too convincingly like tiny-framed men, even when their gait is taken into account, owing to the powerful impact that testosterone has on a female body.

I feel a genuine compassion for transmen in this scenario, and also for the non-autogynophilic transwomen. However, they made a choice to transition and will need to navigate the world accordingly. The most logical way is to campaign for more "third spaces" if there aren't enough to accommodate them and other third space users, such as disabled people or parents using baby-changing facilities.

Shortshriftandlethal · 26/05/2026 09:22

EmilyinEverton · 26/05/2026 06:10

If gender is some kind of innate internal feeling/belief, then you can't work out someone's gender by asking for their sex.

A provider querying a patron's sex because they suspect they used the wrong sex facility possibly puts the patron in a position of revealing they are trans…a philosophical belief. Now one might say they had no right to be there if that was the case but its still an act of collecting special private data nevertheless. And let's not forget providers might be following up on complaints about incorrect facility usage that may or may not be justified so the person being forced to 'out' their beliefs may not have even violated usage.

I can't imagine many people enquiring as to someone's sex; they are far more likely to state that : "this is the women's toilet/changing room" and/or" the men's is over there".

KnottyAuty · 26/05/2026 09:22

One thing that does concern me - if there are challenges to this guidance within the 40 days then does it have to go around the loop again? In other words could the government insert errors repeatedly so the guidance never comes into force? Left permanently in drafting or approval?

MagpiePi · 26/05/2026 09:20

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.

What is wrong with being discomfited, offended or upset? If you are so hugely distressed at being mistaken for the opposite sex that you think that nobody should ever be questioned, then it is you that has the problem, not society.

Can you back up this assertion that women are being harassed and being made to feel uncomfortable to an unacceptable degree?

Shortshriftandlethal · 26/05/2026 09:19

Shortshriftandlethal · 26/05/2026 09:16

This little addendum will not hold and will be challenged going forward. It was clearly a late addition to appease activists.

"This is wrong in law.
Article 9(1) of UK GDPR defines special category data as “personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.” It does not include sex."

Shortshriftandlethal · 26/05/2026 09:16

This little addendum will not hold and will be challenged going forward. It was clearly a late addition to appease activists.

PoisonCrystal · 26/05/2026 09:14

@BonfireLady

But as @nicepotoftea said - it looks like it may have been inserted last minute, and contradicts the rest.

Is it too much to ask for guidance that is actually helpful?! 🙄

BonfireLady · 26/05/2026 09:10

PoisonCrystal · 26/05/2026 08:44

It does - but the quote is somewhat cherry picked.

13.170 It is unlikely to be either practical or appropriate to approach any particular individual to make enquiries about their sex in relation to facilities, such as toilets, which are incidental to the primary service.
13.171 Where it is necessary to ask about a service user’s sex, the measures involved in doing so must be no more than necessary to accomplish the aim of establishing eligibility.
13.172 Such measures may be proportionate if implemented in response to clear evidence of the opposite sex accessing the single or separate-sex service or association membership. Where an individual is asked to confirm their sex, this should be done as sensitively as possible, and must respect their privacy.

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#:~:text=single%2Dsex%20services.%C2%A0-,Asking%20about%20sex%C2%A0,-13.161%20Personal%20data

Ah, OK. Thank you.

Yes, that's definitely a case of cherry-picking and creative paraphrasing all rolled into one. What a daft, misleading and irresponsible thing to have put in the article.

I would have expected far better from the Telegraph on this, given how good they normally are on gender identity stuff.

Ereshkigalangcleg · 26/05/2026 09:08

RedToothBrush · 26/05/2026 08:21

Can't see sex. Can't see sexism.

If we don't record data relating to sex, we can not give evidence of sexism. It disempowers women in very crucial ways if sex is invisible. Default human is male.

There's an award winning book on the whole subject called 'Invisible Women'. Perhaps copies of this book should be sent to the Labour Party.

Indeed. Fucking idiots.

theilltemperedamateur · 26/05/2026 09:00

All this presupposes that if a trans person is challenged for using opposite-sex services, then they must out themselves. No they don't (and what's the point? They're not entitled to use the service anyway). All they need to do is use the gender-neutral services.

It's ridiculous to suggest that providers cannot make access to a single-sex service conditional on providing proof of sex.

KnottyAuty · 26/05/2026 08:54

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.

Most people fill in forms to answer this question rather than the “toilet police” you seem to have in mind. In person, people just use their eyes and ears which will work more than 99.5% of the time