“It’s difficult to believe just how far backwards our government has gone on trans human rights”
BY NIC CROSARA, IMAGE BY GETTY/CANVA
In April 2025, the UK Supreme Court ruled that, for the purposes of the Equality Act, the legal definition of the term “woman” was based on biological sex. Since this landmark ruling, the lives of trans, intersex and gender diverse people have been made even harder. And today (5 August), a new Code of Practice comes into force. It was drafted by the EHRC (Equality and Human Rights Commission) and imposed by the government, despite opposition from many MPs.
It’s important to know that while the guidance isn’t legally binding, it is set to have a devastating impact on trans people’s lives.
The updated code states that single-sex spaces, such as toilets and changing rooms, must be used on the basis of biological sex. According to the new Code, trans people must be offered a third or gender-neutral space. Furthermore, it would be lawful to refuse a trans person entry to a single-sex association or sporting organisation. However, the draft Code also states that it would be unlawful to exclude trans people from gender-related sporting opportunities based on biological sex unless for reasons of “safety or fair competition”.
The new guidance introduced today means that many trans+ inclusive women’s organisations across the country will face a choice. According to the code, they must either ban trans women entirely, or stop being a women’s service and open up to all men.
This code applies to a wide range of services such as pottery classes, gyms and gendered toilets. Not only does it risk outing trans people, but it also further marginalises them and risks pushing them out of public spaces and preventing them from accessing community.
Alexandra Parmar-Yee (she/her), director at advocacy group Trans+ Solidarity Alliance, said: “Organisations of all kinds have been left with no clear or safe route for inclusion and will be stuck in the crossfire of lawfare. The legal framework that protects all of our human rights has been fundamentally undermined. This is the UK Government’s flagship policy for the trans community, and it is chaotic, unworkable and cruel. It leaves the UK an outlier, no longer living up to its human rights commitments. The law must now change to protect trans people’s ability to go about our day-to-day lives safely and with confidence. It must change for the UK to once again be considered a nation that protects the human rights of all LGBTQ+ people.”
What happens now?
The Good Law Project is supporting claimants to challenge the government’s code of practice. The organisation is supporting a trans person and a trans-inclusive organisation as the claimants in the case. They have sent a pre-action protocol letter against the government and the EHRC as the first step towards proceedings.
Good Law Project’s trans rights lead, Jess O’Thomson, said: “It’s difficult to believe just how far backwards our government has gone on trans human rights. This Labour government pushed through its transphobic guidance in the face of opposition from many MPs, including nearly a hundred of its own backbenchers. It’s not just immensely harmful. We think it’s unlawful, and completely against human rights. So this challenge is absolutely essential.”
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