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Feminism: Sex and gender discussions

High Court rules EHRC guidance lawful

12 replies

Lovelyview · 13/02/2026 12:32

https://sex-matters.org/posts/updates/high-court-rules-ehrc-guidance-lawful/

Of course. I'm off to see what the Good Law Project has to say. Clowns.

High Court rules: EHRC guidance lawful

The law protects privacy, decency and propriety. 

https://sex-matters.org/posts/updates/high-court-rules-ehrc-guidance-lawful/

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Lovelyview · 13/02/2026 12:37

They claim they're going to appeal. Chance to raise some more money from deluded supporters.
https://goodlawproject.org/trans-lives-are-real-and-they-matter-the-courts-must-recognise-that/?utm_source=bluesky&utm_campaign=ehrcguidance_post_22811&utm_medium=social_media&utm_content=13-02-2026

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womendeserveequalhumanrights · 13/02/2026 12:39

Goodness, well done Sex Matters. They're indefatigable TERFS (Tediously explaining reality to fuckwits).

I know this is shallow but I am also enjoying the coordinating outfits of these magnificent women in the photo.

FayeRC · 13/02/2026 12:48

If anyone would like to take a swipe at employers who kept delaying updating policies because they waited for EHRC guidance, I have an employment tribunal starting in four weeks' time and it is in need of further funds. It's another NHS employer...

Pls search for Faye Russell-Caldicott at crowdjustice.com (not allowed to link campaigns on MN)

Dumbo12 · 13/02/2026 12:54

I wonder if they will be given leave to appeal? I think they shouldn't, it's time they stopped wasting court time and public money on this nonsense.

HouseOfGoldandBones · 13/02/2026 12:59

I think they need to keep appealing so they can eventually take this to the ECtHR.

Does any case have to exhaust national remedies 1st.

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TheywontletmehavethenameIwant · 13/02/2026 14:57

Okay, just to clarify, because I'm so confused with all the lawfare that's going on, this is the one where Phillipson sent lawyers to court to argue against the guidance she's received 10 months ago right.

Will this judgement have any impact on the lawfare the Scottish Gov is engaged in re the prisons?

Lovelyview · 13/02/2026 16:48

TheywontletmehavethenameIwant · 13/02/2026 14:57

Okay, just to clarify, because I'm so confused with all the lawfare that's going on, this is the one where Phillipson sent lawyers to court to argue against the guidance she's received 10 months ago right.

Will this judgement have any impact on the lawfare the Scottish Gov is engaged in re the prisons?

It is the case that Phillipson sent a lawyer to 'test' the EHRC guidance. I don't know if it will have any relevance to the Scottish prisons case.

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deadpan · 13/02/2026 17:30

Ha ha ha ha ha ha ha and a few more ha's
Stupid feckin fox battering twitter blocking idiot.
How much of other peoples money is he going to waste on pointless law suits. It's as if he doesn't understand law.

PassTheHanky · 13/02/2026 17:38

FayeRC have donated.

Hopefully after the High Court judgement BP will issue the guidance soon and save you having to go all the way.

IwantToRetire · 13/02/2026 17:39

TheywontletmehavethenameIwant · 13/02/2026 14:57

Okay, just to clarify, because I'm so confused with all the lawfare that's going on, this is the one where Phillipson sent lawyers to court to argue against the guidance she's received 10 months ago right.

Will this judgement have any impact on the lawfare the Scottish Gov is engaged in re the prisons?

I was going to ask about that.

Isn't this one of the "reasons" Phillipson ie the Government has not accepted the Guidelines already written by the EHRC.

If so I wonder what the implications are for her.

So far she has used the negative impact on business, and then a few days ago said the guidelines weren't for businesses but service providers.

And now this.

So why or indeed even how is she allowed to keep find excuses not to put forward the Guidelines as drawn up the the authority that Parliament recognises as the authority to do just that.

IwantToRetire · 13/02/2026 18:43

Needless to say some are spinning the ruling to say TW are allowed in women's toilets.

In a challenge by Good Law Project to the Equality and Human Rights Commission’s (EHRC) 'interim guidance', the High Court has ruled that service providers may lawfully allow trans people to use facilities in line with their lived gender – with significant implications for the draft Code of Practice.
https://www.scenemag.co.uk/no-bathroom-ban-high-court-rules-service-providers-do-not-have-to-exclude-trans-women-from-womens-toilets/

But according to this AI summary, that was / is in the guidance:

Biological Sex Basis: The ruling supports the interpretation that single-sex spaces are legally based on biological sex (sex at birth).

No Mandatory Ban: While single-sex spaces can be restricted, the High Court did not mandate a blanket "bathroom ban" for trans people, suggesting service providers should use "common sense and benevolence".

Guidance Lawful: The High Court found that the EHRC's guidance, which suggests trans women should use male or gender-neutral toilets, is not unlawful.

Alternative Facilities: The ruling encourages providing gender-neutral or single-occupancy facilities to accommodate everyon

So nothing has changed. Just TRAs and Phillipson looking for ways to stop implementing the EHRC guidelines.

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