TransActual says EHRC Code of Practice ‘weakens protections for LGBTQ+ people as a whole’

TransActual and other LGBTQ+ charities have reacted to the updated EHRC draft Code of Practice, which has said it is lawful to exclude trans people from gender-specific spaces, among other guidelines.

The update, which essentially treats trans people as a “third gender”, as Not A Phase describes it, has been condemned by a number of charities and organisations.

TransActual have said the updated guidelines leave “trans people in the UK today with less rights than they had prior to last year’s Supreme Court ruling”.

Their statement continued: “Not only does this new guidance fail to protect the rights and dignity of transgender people, but appears to have weakened protections for the LGBTQ+ community as a whole. Rather than engage with our community with respect, the Government has instead withheld publishing its new Code of Practice until as late as possible.

“TransActual will continue to right for equal access to public life for all trans people, and will publish our full thoughts on the new Code once we have had the time to properly scrutinise it – something that the Government seems keen to avoid.”

Similarly, Stonewall said they would respond in full once they had “time to read and digest it, and fully understand how services, public functions and associations can be inclusive in line with the law”.

‘We condemn this outcome’

Not A Phase laid out the updates on Instagram, simply explaining what it meant for trans people. They include the guidance that a third or gender-neutral space should be provided by service providers for trans people to use if separate sex spaces are provided, trans people are advised to use bathrooms and other gendered spaces which align with their sex at birth regardless of whether they have a Gender Recognition Certificate, and a service or venue can be accused of discrimination if they do not have a gender-neutral or third space that trans people can use.

They said: “We condemn this outcome. The forthcoming media cycle reporting on this topic is likely to be very intense for our community. Please be gentle with yourselves and take any time you need away from your phones, news, and social media.”

The organisation also advised that the code “does not change the law” and “there is no criminal law prohibiting trans+ people from gendered spaces such as bathrooms”.

‘Hospitality venues are not border checkpoints’

Revolting Spaces, who operate London LGBTQ+ venues The Rising and The Arzner have also condemned the updated guidance.

Revolting Spaces co-founder Simon Burke said: “These guidelines represent a total dereliction of the government’s duty to protect all citizens, including transpeople. They are unworkable in hospitality settings and appear fundamentally incompatible with the protections for people with the protected characteristic of gender reassignment.

“Hospitality venues are not border checkpoints. Our team members should not be expected to police people’s
identities or place themselves in positions where they are forced to make subjective and potentially discriminatory or sexist judgments about who is allowed to use which facilities based on assumptions.

“There must be a balance of rights in a diverse society, and that balance can only be achieved through
guidance that is lawful, practical, humane, and based on lived reality rather than political signalling.

“We are calling on hospitality leaders across the UK to stand with trans and non-binary people and continue
fostering inclusive, welcoming spaces despite these deeply unworkable conditions being imposed upon us.”

Share your thoughts! Let us know in the comments below, and remember to keep the conversation respectful.