More than 7,000 people in the UK write to MPs to voice fears about trans toilet ban

Thousands of people have demanded their MPs take action over fears that the UK government is about to ban trans people from public toilets.

At least 7,100 people expressed concern that the Equality and Human Rights Commission’s (EHRC) draft code of practice could be used to discriminate against transgender men and women.

In an open letter, TransActual and Trans+ Solidarity Alliance urged the public to signal their opposition to the trans-exclusionary provisions after the EHRC handed its amended code of practice to equalities minister Bridget Phillipson in September.

The EHRC updated its code, which provides guidance on creating gendered facilities such as toilets or changing rooms, following a Supreme Court ruling that found that trans women are excluded from the legal definition of a “woman” for the purposes of the Equality Act 2010.

While the final draft has yet to be made public, sources suggest it will exclude trans people from facilities associated with their gender identity, and even, in some cases, their biological sex, as the court also found that it might be proportionate to exclude a trans man from a women’s single-sex service.

Campaigners urged Phillipson, who is currently considering whether to enact the draft code into law, to avoid signing a “trans bathroom ban in secret”.

The open letter went on to say: “This is unworkable, dangerous and we cannot let it happen. It’s decision time now, and the government needs to hear loud and clear from your political representatives: they must reject this and tell the EHRC that exclusion can’t be the only option.

“It doesn’t matter if you’ve already written to them, now is the time to keep the pressure up. The government must send this unworkable draft code back and make sure any new guidance explains how to include trans people, and respect our human rights.”

The organisations urged individuals to write to their MPs using a template featured in the letter, which they recommended be tailored to be as personal as possible.

According to the petition’s organisers, over 6,000 people wrote to their MPs through the template within its first week.

Trans+ Solidarity Alliance founder Jude Guaitamacchi commended the effort by the UK public, saying they “hope the government will listen.”

“Thousands of people have written to their MPs, in only a few weeks, with a very clear message: what the EHRC is trying to do here is not right, not workable, and needs to be rejected.

“Parliamentarians from across the political spectrum are expressing their deep concern about the devastating impact of a trans bathroom ban both on our community and on service providers themselves.

“We hope the government will listen, they have the power to stop this and must act to protect trans people’s fundamental rights and ability to live our everyday lives.

“We’d urge everybody to get involved, write to your local MP using our template, ask to meet them, and tell them why this matters.”

Trans ban risks bankrupting businesses

Dozens of backbench Labour MPs have signalled their opposition to any trans-exclusionary laws that result from the EHRC’s guidance.

In a letter sent to The Guardian in October, they said they had been contacted by a number of businesses and individuals who were concerned by the guidance and its ramifications. More than 650 firms have voiced worries about the logistical and financial challenges any ban could pose.

Ben & Jerry’s, Lucy & Yak, and Lush, claimed the proposals would put organisations at “constant risk of complaints and litigation from multiple directions” and force staff “into the unacceptable role of ‘gender police’.”

However, Phillipson has suggested the government would follow through with the guidance, telling the House of Commons last week: “I welcome the clarity of the Supreme Court ruling and providers should follow it.”

In a statement about the letter-writing campaign, TransActual policy team member Philippa East said:

“We have already seen huge numbers of people writing in to protest the draft Code of Practice proposed by the EHRC. This shows the strength of feeling on this issue and how many people will be negatively affected by policies of exclusion, segregation and gender-policing.

“We are grateful to everyone who has already spoken up, engaged with their MPs and lobbied Government for guidance on how trans people can be included in businesses, workplaces, services and society in a way that acknowledge and respects their identities, and allows a balance of everyone’s rights and needs. Not just excluded!

“We know this message is cutting through to MPs and Government. But we cannot be complacent in the face of persistent attempts to reduce and remove trans rights, and amidst growing anti-gender movements in the UK and abroad. We must keep up the pressure, so please do keep writing and sharing our letter.”

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