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Feminism: Sex and gender discussions

EHRC code on single sex spaces comes into force on 5th August 2026

122 replies

SingleSexSpacesInSchools · Today 10:16

https://www.legislation.gov.uk/uksi/2026/788/pdfs/uksi_20260788_en.pdf

https://www.legislation.gov.uk/uksi/2026/788/pdfs/uksi_20260788_en.pdf

OP posts:
Ereshkigalangcleg · Today 12:30

It’s not about “trans women”, it’s about men. Because that’s the class “trans women” belong to. Being men, which is the noun for an adult human biological male person. No more, no less. HTH.

Ereshkigalangcleg · Today 12:32

The Swift judgment was quite clear that failing to provide a single sex space for women could be termed as indirect sex discrimination against women and girls. Men in a women only space where we are undressed or expect bodily privacy can be termed as sexual harassment of women and girls.

Ereshkigalangcleg · Today 12:33

EmpressaurusKitty · Today 12:11

Heaven forbid transpeople should obey the law without being forced to.

Also this. Is it really too much to expect men to respect women’s boundaries?

Talkinpeace · Today 12:36

MrsOvertonsWindow · Today 10:32

Worth asking organisations (and delusional politicians) what other laws they're proposing to ignore? Employment law? Sexual offences law? Parking / driving legislation?
I'm sure they'll be swift to reveal their thinking.

THIS

Talkinpeace · Today 12:37

MakesNoDifference · Today 12:05

The code isn’t going to change anything. Dr Stephenson said she isn’t expecting spaces to be policed, and trans people have been using these spaces for decades so that isn’t going to change.

And people only stop at red traffic lights when the police are there

Keeptoiletssafe · Today 12:39

MakesNoDifference · Today 12:28

That is such an absolute fiction. Find me one case of a trans woman being prosecuted for just using the women’s toilet.

Define ‘use’ and how long you have to call yourself a trans woman before you are a trans woman. I have many cases depending on the answers.

MarieDeGournay · Today 12:40

SingleSexSpacesInSchools · Today 10:28

Find a local service provider you think may not comply

Write them a letter, quoting this code

Inform them of the consequences of non compliance.

Pop the whole thing into ChatGPT to write it for you if you need to

But - DO hold them to account, we're going to have to force compliance in this, they won't all go quietly.

How about:
'The EHRC code is a reminder of what the law was all along, not a new law, or a change in legislation, so it would be advisable to make sure you are compliant and not leaving yourself open to legal action'.

As far as 'policing' is concerned, Justice Swift said in his GLP ruling,
40 The notion that an employer or anyone else is required to “police” the use of a lavatory, person by person and day by day, reveals the application of a “logic” so strict that it is divorced from reality and from any sensible model of human behaviour.

It should be sufficient for companies/venues to put very clear signs saying 'Toilets are designated for use according to biological sex, not gender. Please respect this.'
This is a fancy way of saying 'the good men stay out so the bad men stand out'Smile

MakesNoDifference · Today 12:49

Keeptoiletssafe · Today 12:39

Define ‘use’ and how long you have to call yourself a trans woman before you are a trans woman. I have many cases depending on the answers.

Use the toilet in the normal sense. Go to the toilet, wash your hands, and then leave. And trans women who have actually taken steps to transition I.e hormones, surgery

Lovelyview · Today 12:50

MakesNoDifference · Today 12:28

That is such an absolute fiction. Find me one case of a trans woman being prosecuted for just using the women’s toilet.

Of course men are unlikely to be prosecuted for being in a women's toilet unless they do it repeatedly. However, men have been prosecuted for pretending to be women and committing voyeurism in women's toilets.

"When challenged with what he is doing in a women's toilet he said: 'Just chilling'. He then said he was there as he identified as female."

https://www.chroniclelive.co.uk/news/north-east-news/paedophile-secretly-filmed-women-public-28737673

Paedophile secretly filmed women in toilet and sexually assaulted tourist

Kurtis Mawson, 22, has now been put behind bars for 25 months

https://www.chroniclelive.co.uk/news/north-east-news/paedophile-secretly-filmed-women-public-28737673

BridgetYourFortyDaysAreUp · Today 12:50

Obanotters · Today 12:12

Does that include the false statement that you can’t ask someone’s sex and that it counts as sensitive data?

I was unsure, so asked this on the House of Communions thread (still love that typo!):

Is the text after "relevant systems and resources " (below) additional, and does it solve the issue that Sex Matters pointed out?

From Sex Matters: https://sex-matters.org/posts/updates/what-is-in-the-new-guidance/
Section 13.182 says:
“Information about sex is likely to constitute special category data for the purposes of the Data Protection Act 2018 (DPA) and UK General Data Protection Regulations (GDPR). Processing personal data should be done with regard to that legislation and the constraints of the relevant systems and resources.”
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.

AND

From the Code as laid to Parliament: https://www.equalityhumanrights.com/sites/default/files/2026/EHRC_Code_of_practice_for_services_public_functions_and_associations.pdf
13.182 Information about sex is likely to constitute special category data for the purposes of the Data Protection Act 2018 (DPA) and UK General Data Protection Regulations (GDPR). Processing personal data should be done with regard to that legislation and the constraints of the relevant systems and resources. Any information about the sex of individuals which is obtained and held by a service provider should be held securely and not be retained longer than reasonably necessary for the purpose of dealing with admission of each individual or for ongoing legitimate purposes. Legitimate purposes may include, for example, equality monitoring or service planning reasons, in which case thought should be given to anonymising data, where possible. Access to any personal information should be restricted to people who legitimately need access to it for those purposes. This should be done with regard to the constraints of the relevant systems and resources.

I was unclear, but, helpfully,

@MyAmpleSheep responded* *
They can't amend it without it going back in front of Parliament for another 40 days.

So, if this is so, yes it looks as though the incorrect paragraph remains. For what that's worth.

At least we know.

Ereshkigalangcleg · Today 12:51

MakesNoDifference · Today 12:49

Use the toilet in the normal sense. Go to the toilet, wash your hands, and then leave. And trans women who have actually taken steps to transition I.e hormones, surgery

So if you haven’t taken those steps you feel they should stay out?

Lovelyview · Today 12:54

MakesNoDifference · Today 12:49

Use the toilet in the normal sense. Go to the toilet, wash your hands, and then leave. And trans women who have actually taken steps to transition I.e hormones, surgery

'Transwomen' are men. They can use the gents or the many gender neutral toilets which have sprung up in recent years.

Seethlaw · Today 12:55

MakesNoDifference · Today 12:49

Use the toilet in the normal sense. Go to the toilet, wash your hands, and then leave. And trans women who have actually taken steps to transition I.e hormones, surgery

It's transphobic and unethical to separate trans individuals by willingness and/or ability to perform bodily modifications, and to grant some privileges only to those who have subjected themselves to said modifications.

SingleSexSpacesInSchools · Today 12:56

Keeptoiletssafe · Today 12:25

Hopefully there’s going to be a lot of schools doing building works on their toilets over the holidays.

Doing my best :) (as are you!!)

OP posts:
BridgetYourFortyDaysAreUp · Today 12:58

MakesNoDifference · Today 12:49

Use the toilet in the normal sense. Go to the toilet, wash your hands, and then leave. And trans women who have actually taken steps to transition I.e hormones, surgery

And trans women who have actually taken steps to transition I.e hormones, surgery

I suggest you try that out on Reddit first, then come back to FWR and tell us all how you fared.

My guess is that you will be pilloried. Men are whatever they say they are, whenever they say it, and whatever they mean by it at the time they say it. Do try to keep up.

LunaShip · Today 12:59

MakesNoDifference · Today 12:28

That is such an absolute fiction. Find me one case of a trans woman being prosecuted for just using the women’s toilet.

You are confused. This is about males. 'Trans women' are not a third sex. And I suggest you google history if you don't know of males being prosecuted for voyeurism and indecent exposure in female spaces.

LunaShip · Today 13:02

MakesNoDifference · Today 12:49

Use the toilet in the normal sense. Go to the toilet, wash your hands, and then leave. And trans women who have actually taken steps to transition I.e hormones, surgery

Less than 8% of trans women have any surgery. And how do we know? How can we tell who has had it and who hasn't?
And further, a denutted male dog is still a male dog, as the saying goes.

A dickless male is still a male, and therefore has no right being in female only spaces. It's really that simple.

Talkinpeace · Today 13:04

The EHRC guidance is for service providers.

Schools should NEVER have had mixed sex toilets.

Employers should NEVER have had mixed sex toilets, washrooms, shower rooms, changing rooms.

It is a shame that the Health and Safety Executive abdicated their responsibility for enforcement of the 1992 Regs
(for which they actually do have enforcement powers and responsibility)

The EHRC only has the power to act on complaints about the EA2010

The Code of practice can only add to, not take away from, what the law has said for 16 years.

If angry men plan to break the law, they and their enablers will be held to account.

FlirtsWithRhinos · Today 13:16

MakesNoDifference · Today 12:49

Use the toilet in the normal sense. Go to the toilet, wash your hands, and then leave. And trans women who have actually taken steps to transition I.e hormones, surgery

Wow watch those goalposts zoom around!

One for the TRA arguements list I think - make the case something is reasonable based only on the exceptional few, but then apply that justification to the whole group without exception.

"Some trans women are harmless and have taken steps to transition eg I.e hormones, surgery. So they should surely be allowed in. But there's no policing of spaces. So I guess we just have to let all the men who claim to be women in then, amirite? After all, it is obvious that it is better for women to be deprived of single sex spaces altogether than for a man who claims to be a women and might have got away with a bit of harmless casual toilet deception loses out, surely you monsters can understand that?"

BridgetYourFortyDaysAreUp · Today 13:20

On it!

Ereshkigalangcleg · Today 13:21

FlirtsWithRhinos · Today 13:16

Wow watch those goalposts zoom around!

One for the TRA arguements list I think - make the case something is reasonable based only on the exceptional few, but then apply that justification to the whole group without exception.

"Some trans women are harmless and have taken steps to transition eg I.e hormones, surgery. So they should surely be allowed in. But there's no policing of spaces. So I guess we just have to let all the men who claim to be women in then, amirite? After all, it is obvious that it is better for women to be deprived of single sex spaces altogether than for a man who claims to be a women and might have got away with a bit of harmless casual toilet deception loses out, surely you monsters can understand that?"

That’s why I’m interested in the poster’s answer to my question- not yet forthcoming I note.

Ereshkigalangcleg · Today 13:24

FlirtsWithRhinos · Today 13:16

Wow watch those goalposts zoom around!

One for the TRA arguements list I think - make the case something is reasonable based only on the exceptional few, but then apply that justification to the whole group without exception.

"Some trans women are harmless and have taken steps to transition eg I.e hormones, surgery. So they should surely be allowed in. But there's no policing of spaces. So I guess we just have to let all the men who claim to be women in then, amirite? After all, it is obvious that it is better for women to be deprived of single sex spaces altogether than for a man who claims to be a women and might have got away with a bit of harmless casual toilet deception loses out, surely you monsters can understand that?"

Yes is that a “motte and bailey”?

spannasaurus · Today 13:26

MakesNoDifference · Today 12:49

Use the toilet in the normal sense. Go to the toilet, wash your hands, and then leave. And trans women who have actually taken steps to transition I.e hormones, surgery

Do you think a transwoman with a gender recognition certicate who hasn't taken hormones or had surgery still qualifies as a transwoman?

BridgetYourFortyDaysAreUp · Today 13:31

Ereshkigalangcleg · Today 13:24

Yes is that a “motte and bailey”?

Ooh, is that the right phrase? because that's nice and quippy and short for future lists

BunfightBetty · Today 13:36

LunaShip · Today 12:59

You are confused. This is about males. 'Trans women' are not a third sex. And I suggest you google history if you don't know of males being prosecuted for voyeurism and indecent exposure in female spaces.

Yep, flashers and Peeping Toms were prosecuted for decades until the attempts of the last ten years or so to take women’s rights and safe spaces away.

Thankfully, the clarification of the law 15 months ago made it crystal clear that these are female only spaces, so where we come across males transgressing, we are empowered to act. As DH did recently in the public toilets in our local shopping centre, when he saw a male try and go into the female toilets that DD11 had just gone into by herself (DH doing the decent thing and not following her in or taking her into the gents).

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