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Feminism: Sex and gender discussions

5 August 2026 - how are they reporting on EHRC "guidance enforcement day"?

48 replies

BridgetYourFortyDaysAreUp · 05/08/2026 08:58

How have you seen the guidance enforcement being reported today?

This from Sky News online:

Politics latest: Burnham 'will look into' holding UK public inquiry into Epstein | Politics News | Sky News

Single sex spaces code now in force over a year after landmark court ruling

"Guidance on the use of toilets and changing rooms as single-sex spaces comes into force on Wednesday, almost a year-and-a-half after the landmark Supreme Court ruling on biological sex....

Service providers will be allowed to exclude trans people from single-sex spaces if they decide other users could "object" to the presence of a trans person....
[my bold - vague and incorrect]

If service providers allow trans women into women-only spaces, it will not legally be regarded as a woman-only space...."

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BridgetYourFortyDaysAreUp · 05/08/2026 10:53

From The Good Law Project:

(to be read along with a HUGE pinch of salt, a brain extraction, and while on your fifth martini)

How the Code of Practice gets the law wrong | Good Law Project

'Good Law Project have helped a trans person and a trans-inclusive organisation take the first step towards legal action against the code of practice. The claimants have written a pre-action letter (PDF) to the government and the EHRC explaining why it is unlawful.

The challenge focuses on the elements of the guidance which tell service providers they can no longer operate on a trans-inclusive basis. The code of practice says that any service provided for both cis and trans women must also be provided to cis men – or else it is “very likely” to be discriminatory against them. It states that any service which is not a single-sex service (a service operating strictly on the basis of sex recorded at birth) “must be open to all service users”. This includes facilities such as toilets. These parts of the guidance only apply to service providers. They do not apply to associations, like Girlguiding, which the guidance says can remain trans inclusive.

When the code suggests that a trans-inclusive women’s service is “very likely” to unlawfully discriminate based on sex, it implies that this would be direct sex discrimination. But an inclusive service provided to women – based on their lived gender – doesn’t directly discriminate based on “sex” (now defined as “biological sex” under the Equality Act) at all. If you exclude cis men from a trans-inclusive women’s service, it’s not because their sex was recorded as “male” at birth.

This is, in fact, proven by the admission of trans women, whose sex was also recorded as “male”, but who are allowed to use the service. It is a person’s lived gender – not their “sex” under the Equality Act 2010 – which is the reason for their exclusion....'

https://www.equalityhumanrights.com/sites/default/files/2026/EHRC_Code_of_practice_for_services_public_functions_and_associations.pdf

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nicepotoftea · 05/08/2026 10:54

BridgetYourFortyDaysAreUp · 05/08/2026 10:53

From The Good Law Project:

(to be read along with a HUGE pinch of salt, a brain extraction, and while on your fifth martini)

How the Code of Practice gets the law wrong | Good Law Project

'Good Law Project have helped a trans person and a trans-inclusive organisation take the first step towards legal action against the code of practice. The claimants have written a pre-action letter (PDF) to the government and the EHRC explaining why it is unlawful.

The challenge focuses on the elements of the guidance which tell service providers they can no longer operate on a trans-inclusive basis. The code of practice says that any service provided for both cis and trans women must also be provided to cis men – or else it is “very likely” to be discriminatory against them. It states that any service which is not a single-sex service (a service operating strictly on the basis of sex recorded at birth) “must be open to all service users”. This includes facilities such as toilets. These parts of the guidance only apply to service providers. They do not apply to associations, like Girlguiding, which the guidance says can remain trans inclusive.

When the code suggests that a trans-inclusive women’s service is “very likely” to unlawfully discriminate based on sex, it implies that this would be direct sex discrimination. But an inclusive service provided to women – based on their lived gender – doesn’t directly discriminate based on “sex” (now defined as “biological sex” under the Equality Act) at all. If you exclude cis men from a trans-inclusive women’s service, it’s not because their sex was recorded as “male” at birth.

This is, in fact, proven by the admission of trans women, whose sex was also recorded as “male”, but who are allowed to use the service. It is a person’s lived gender – not their “sex” under the Equality Act 2010 – which is the reason for their exclusion....'

I am willing to bet a large amount of money that the guidance does not include the word 'cis'.

BridgetYourFortyDaysAreUp · 05/08/2026 10:56

nicepotoftea · 05/08/2026 10:54

I am willing to bet a large amount of money that the guidance does not include the word 'cis'.

Good point! I shall have to read through it again! 😁

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FaithHopeCarnage · 05/08/2026 11:06

nicepotoftea · 05/08/2026 10:52

One of the panellists thought the guidance was ridiculous as she didn’t want to share a changing room with a hairy trans man

Is the assumption that trans identifying women are somehow safe from the kind of man who would attack a trans identifying man?

Fuck knows. I’m mainly disappointed in myself for watching this shite.

nicepotoftea · 05/08/2026 11:16

This seems misleading:

"It is particularly concerning that this analysis has been ignored by the EHRC and the government, given that the High Court judgment remains the highest judicial consideration of this area of law following the Supreme Court judgment last year."

Presumably because the High Court didn't find that the EHRC were wrong?

And even if you get over that hurdle, you have two more hurdles:

1). It's very difficult to demonstrate that the service meets the proportionate/legitmate criteria for being a single sex service if it includes men.

2). Lack of single sex provision may also discriminate against women.

I don't know where to start with this:

"If you exclude cis men from a trans-inclusive women’s service, it’s not because their sex was recorded as “male” at birth. This is, in fact, proven by the admission of trans women, whose sex was also recorded as “male”, but who are allowed to use the service. It is a person’s lived gender – not their “sex” under the Equality Act 2010 – which is the reason for their exclusion."

Do we think this was written by a lawyer? It doesn't even seem up to the calibre of some of our regular vistors.

I do however note that there is a 'chip in' button immediately below this paragraph.

MrsOvertonsWindow · 05/08/2026 11:18

nicepotoftea · 05/08/2026 11:16

This seems misleading:

"It is particularly concerning that this analysis has been ignored by the EHRC and the government, given that the High Court judgment remains the highest judicial consideration of this area of law following the Supreme Court judgment last year."

Presumably because the High Court didn't find that the EHRC were wrong?

And even if you get over that hurdle, you have two more hurdles:

1). It's very difficult to demonstrate that the service meets the proportionate/legitmate criteria for being a single sex service if it includes men.

2). Lack of single sex provision may also discriminate against women.

I don't know where to start with this:

"If you exclude cis men from a trans-inclusive women’s service, it’s not because their sex was recorded as “male” at birth. This is, in fact, proven by the admission of trans women, whose sex was also recorded as “male”, but who are allowed to use the service. It is a person’s lived gender – not their “sex” under the Equality Act 2010 – which is the reason for their exclusion."

Do we think this was written by a lawyer? It doesn't even seem up to the calibre of some of our regular vistors.

I do however note that there is a 'chip in' button immediately below this paragraph.

It's the usual incoherent word salad where you search for insight, clarity and meaning but end up in a deluge of custard.

MrPrettyDamnCosmic · 05/08/2026 11:22

nicepotoftea · 05/08/2026 10:54

I am willing to bet a large amount of money that the guidance does not include the word 'cis'.

I am willing to bet a large amount of money that the guidance does not include the word 'cis'.

I can confirm that the word 'cis' does not appear in the Code of Practice although the word 'trans' appears 95 times.

https://www.equalityhumanrights.com/sites/default/files/2026/EHRC_Code_of_practice_for_services_public_functions_and_associations.pdf

nicepotoftea · 05/08/2026 11:43

Again, the absence of recognition that trans identifying women are necessarily included in 'women' is striking.

https://x.com/Channel4News/status/2084922659729469678

"'I will never be safe in a man's toilet', says Isabella who is a trans woman."

I am also willing to bet today that there will be an absence of recognition of the vulnerability of women with he/they pronouns who are disproportionately young.

The EHRC makes it clear that they cannot be excluded from women's provision without very, very good reason, and that they must have alternative provision. But that kind of protection is not valuable to people who can only prioritise men.

Channel 4 News (@Channel4News) on X

'I will never be safe in a man's toilet', says Isabella who is a trans woman. Thousands of single-sex spaces in the UK, like changing rooms and toilets, should be used based on biological sex, according to new guidelines that come into place today fro...

https://x.com/Channel4News/status/2084922659729469678

BridgetYourFortyDaysAreUp · 05/08/2026 14:14

Has anyone seen anything relevant in The Guardian? If it's there, it's pretty well buried.

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Tearannosaurus · 05/08/2026 14:14

Its great to have our toilets back isn't it? No men can enter the ladies from today. The game is up, we hope.

BridgetYourFortyDaysAreUp · 05/08/2026 14:16

Stonewall's podcast for today...

Daniel Foxx: Comedy & connection in a complicated digital world

So, they serm to be ignoring the guidance news as well. Not exactly reassuring for their supporters, is it?

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nicepotoftea · 05/08/2026 14:18

https://x.com/NadiaWhittomeMP/status/2084965957609390435

I just wouldn't be flogging this particular dead horse if I were her.

BridgetYourFortyDaysAreUp · 05/08/2026 14:21

Tearannosaurus · 05/08/2026 14:14

Its great to have our toilets back isn't it? No men can enter the ladies from today. The game is up, we hope.

And changing rooms, and single-sex spaces in hospital, and single-sex carers, and female-only prisons, and single-sex associations, and female-only sports, and lesbian social spaces for females only... Toilets are only one of our spaces that we are reclaiming, and, just my opinion, the least of my concerns. Other women may disagree.

I don't think we are anywhere near done with this, but it's a very good beginning to the end.

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nicepotoftea · 05/08/2026 15:37

https://x.com/LBC/status/2084975281199005996

‘I don’t look woman enough for them.’

What is the expectation here?

Under the EHRC guidelines and the law, the caller, if female, has a right to use the women's toilets.

However, per the GLP's latest campaign, toilets should be organised according to 'lived gender'. Who is judging 'lived gender'? Would the caller be more welcomed in a toilet for people who meet some arbitrary standard for 'living as women'. (And how many of us would pass that test?)

On the other hand, if it's all just about individual preference, is James O'Brien campaigning for mixed sex toilets? If so, why not be clear about this?

LBC (@LBC) on X

‘I don’t look woman enough for them.’ Caller Lil, who has a medical condition that makes her appear more visually male, explains how the ‘anti-trans rhetoric’ has had a ‘massive’ impact on her life.

https://x.com/LBC/status/2084975281199005996

BridgetYourFortyDaysAreUp · 05/08/2026 17:33

Can I just say? My spelling is atrocious today!

… as you were...

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BridgetYourFortyDaysAreUp · 05/08/2026 17:52

Still I find nothing in The Guardian. Not a word. Are they going to just pretend the guidance doesn't exist?

Oh, well, it is still enforceable even if The Guardian wants to play "make believe."

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IwantToRetire · 05/08/2026 20:00

nicepotoftea · 05/08/2026 11:43

Again, the absence of recognition that trans identifying women are necessarily included in 'women' is striking.

https://x.com/Channel4News/status/2084922659729469678

"'I will never be safe in a man's toilet', says Isabella who is a trans woman."

I am also willing to bet today that there will be an absence of recognition of the vulnerability of women with he/they pronouns who are disproportionately young.

The EHRC makes it clear that they cannot be excluded from women's provision without very, very good reason, and that they must have alternative provision. But that kind of protection is not valuable to people who can only prioritise men.

C4 news has done 2 segments. First really biased. Second at least has MAS answering question, but slant of questions and attitude really hostile.

SwirlyGates · 05/08/2026 20:59

nicepotoftea · 05/08/2026 11:43

Again, the absence of recognition that trans identifying women are necessarily included in 'women' is striking.

https://x.com/Channel4News/status/2084922659729469678

"'I will never be safe in a man's toilet', says Isabella who is a trans woman."

I am also willing to bet today that there will be an absence of recognition of the vulnerability of women with he/they pronouns who are disproportionately young.

The EHRC makes it clear that they cannot be excluded from women's provision without very, very good reason, and that they must have alternative provision. But that kind of protection is not valuable to people who can only prioritise men.

Honestly, "Isabella", FAFO. If you other yourself, you may find that society treats you as "other".

(See also the numerous sad faces in the papers of people with multiple facial tattoos who whine that no-one wants to employ them.)

IwantToRetire · 05/08/2026 21:24

IwantToRetire · 05/08/2026 20:00

C4 news has done 2 segments. First really biased. Second at least has MAS answering question, but slant of questions and attitude really hostile.

Does new single-sex space guidance bring clarity or confusion?
https://www.channel4.com/news/does-new-single-sex-space-guidance-bring-clarity-or-confusion

EHRC chair challenged on how to enforce single-sex toilet rules
https://www.channel4.com/news/ehrc-chair-challenged-on-how-to-enforce-single-sex-toilet-rules

Does new single-sex space guidance bring clarity or confusion?

New guidance has come into force on who can use single sex spaces like changing rooms, toilets and refuges - following a Supreme Court ruling last year.

https://www.channel4.com/news/does-new-single-sex-space-guidance-bring-clarity-or-confusion

Ereshkigalangcleg · 05/08/2026 22:29

The video with “Isabella” is very telling, he’s never captured in the same shot as the female interviewer.

BridgetYourFortyDaysAreUp · 06/08/2026 09:56

I note that neither Andy nor Bridget has made any kind of statement about the guidance since yesterday, certainly nothing about being pleased that women's rights are being acknowledged.

Disappointed, yes. Surprised? No.

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BridgetYourFortyDaysAreUp · 06/08/2026 09:58

Ereshkigalangcleg · 06/08/2026 09:53

Still apparently nothing in the Guardian! Amazingly they do have an article about the early release of prisoners scheme by Joan Smith, who Sadiq Khan sacked as VAWG advisor for transphobia wrongthink

https://www.theguardian.com/commentisfree/2026/aug/05/release-domestic-abusers-gambling-womens-lives

Yes, I checked again this morning, and found nothing either. It does appear that they are just going to shut their eyes, plug up their ears, and intone "la la la la I can't hear you" and pretend it doesn't exist. Again, I'm not surprised.

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