“Parliament may be back, but so are those determined to defend equality. If this summer proved anything, it’s that the movement for trans rights never took a break”
By @MIMMYMUM, IMAGE VIA CANVA
As Parliament returns after the long summer and party conference season, there’s a definite “back to school” feeling. Time to catch up on where things stand in the ongoing debate over trans rights. And not just trans rights: because changes now being considered are likely to have a massive negative impact on anyone – trans or cis – who fails to conform to traditional gender norms.
While MPs make their way back to Westminster, many trans people and allies have spent the past few months hard at work, preparing for what could be a crucial moment in the fight for trans equality.
Here’s a quick refresher to help everyone get up to speed and ready to take action…
In April, the UK Supreme Court ruled that “sex” in the Equality Act means “biological” sex only. Barely a week later, the Equality and Human Rights Commission (EHRC) released an “interim update”, which many took as official guidance, stating that trans people must now be banned from the gendered services they have used without harm for decades. In some circumstances, trans people can also be banned from the services that align with their “biological sex” too, leaving them with, literally, nowhere to go. This stance, according to legal experts, oversteps the Equality Act and undermines equality protections.
The EHRC then conducted a rushed consultation on an updated Code of Practice that reflected this same position. The EHRC has also faced criticism for using AI to process the 50,000 responses they received.
This updated Code of Practice now sits with Equalities Minister Bridget Phillipson, who has yet to decide whether to lay it before Parliament using a negative procedure. If she does, MPs will have 40 days to challenge it; otherwise, it will automatically become law without debate or discussion. Dozens of MPs, including Lucy Powell, Nadia Whittome, and Carla Denyer, have already called for the proposal to be properly scrutinised rather than quietly approved behind closed doors, but TransActual have been urging more MPs to stand against this undemocratic process.
What’s been happening over the summer
While Westminster took a holiday, TransActual exposed how the EHRC refused to release the evidence behind its recommendations, The Good Law Project continued its legal challenge to the EHRC’s interim guidance, and more than 650 businesses signed a letter warning that the proposed changes are “unworkable” and risk harming both trans and cis women. Meanwhile, at the Labour Party Conference, the Trans Solidarity Alliance unveiled their MP targeted campaign directly outside the conference building.
And, crucially, in ally spaces, a group of cis women came together to publish a powerful open letter, Not in Our Name: Women in Support of the Trans+ Community, which has since gathered over 55,000 signatures from women across the UK who wanted to make it clear that those seeking to exclude trans people do not speak for them.
Early consequences of the EHRC Interim Guidance
Even before any change in the law, some schools, social spaces, and workplaces have already started revising their policies to restrict trans people from using spaces that match their gender identity, creating fear and uncertainty for trans people and for cis women who do not fit traditional gender stereotypes. Reports have emerged of trans pupils restricting their food and drink in order to avoid school toilets, while gender non-conforming women are being harassed in public bathrooms. From reports compiled by TransActual, it is clear that segregation by “biological sex” doesn’t just impact trans people: it harms everyone.
What you can do
If you’re just getting back into the swing of things after summer, it’s the perfect time to re-engage in your support for trans people.
- Contact your MP using TransActual’s online tool, urging them to Scrap the Bathroom Ban and write to Bridget Phillipson demanding any Code of Practice ensures providers can lawfully include trans people in their services.
- Sign support for trans inclusion, such as this petition on trans inclusion at the Hampstead Heath swimming ponds
- Follow TransActual and the Trans Solidarity Alliance for the latest updates and actions.
Parliament may be back, but so are those determined to defend equality. If this summer proved anything, it’s that the movement for trans rights never took a break.
Love media made by and for LGBTQIA+ women and gender diverse people? Then you’ll love DIVA. We’ve been spotlighting the community for over 30 years. Here’s how you can get behind queer media and keep us going for another generation: ✨linkin.bio/ig-divamagazine ✨
Did you know that DIVA has now become a charity? Our magazine is published by the DIVA Charitable Trust. You can find out more about the organisation and how you can offer your support here: divacharitabletrust.com 🌈
