More than 100 MPs from across the political spectrum, including Labour, have called for the updated Equality and Human Rights Commission (EHRC) code to be disapproved, arguing it would effectively segregate trans people. The Early Day Motion, tabled by Labour MP Nadia Whittome, has been signed by 104 MPs.
Motion seeks to block code
The motion is brief, simply calling for 'the draft Code of Practice for Services, public functions and associations, a copy of which was laid before this House on 21 May, be disapproved.' Whittome stated that fellow MPs 'have a responsibility to our trans constituents to resist' the code, which was updated in May.
Background of the code
The updated code follows a landmark Supreme Court ruling in April 2025, which determined that the words 'woman' and 'sex' in the Equality Act 2010 refer to biological women and biological sex. The new code addresses various scenarios, including sport, where it states trans people should compete alongside others of their birth sex rather than gender identity, and hospital wards, which can lawfully exclude trans patients if single-sex.
The Government has defended the code, stating it 'gives organisations clear, workable guidance which will enable them to take a pragmatic approach to protecting and serving the needs of our society' and supports service providers 'in ensuring they can make practical, and ultimately sensible decisions for every day scenarios, such as toilet provision.'
Criticism from MPs and charities
Nadia Whittome argued that the code 'will exclude trans people from services and facilities that they have long used without issue, putting them at increased risk of harassment and violence, and effectively pushing them out of public life.' She added: 'It ushers in an era of enforced segregation for trans people, the policing of which will be outsourced to service providers, including businesses, charities and public bodies.'
Whittome also claimed the EHRC guidance 'does not give clarity and confidence to organisations that want to be trans-inclusive' and impacts more than just trans people. 'The government's own Equality Impact Assessment warns that 'women who are considered masculine may face greater scrutiny' and that disabled people could face adverse impacts,' she said.
Disability Rights UK (DR UK) echoed these concerns, stating the updated code 'sets a dangerous precedent for the weakening of protected characteristics and risks further ostracisation of trans and intersex people from public life' and reiterated that the charity 'firmly opposed' the Supreme Court’s judgement last year.
As the code indicates that toilets designated as male or female should be for those of that biological sex, and that trans people can use accessible toilets, individual lockable toilets or unisex toilets, DR UK said this is a 'vain attempt to get two marginalised groups to blame one another.'
Call for withdrawal
Nadia concluded her statement by condemning the code as a 'profound rollback of rights' and urged the government to withdraw it 'and instead legislate to clarify and protect trans people's rights, privacy and inclusion.'
If you have been affected by this story, contact Mindline Trans+'s emotional and mental health support helpline for anyone identifying as trans, non-binary, gender variant, and their families, friends, colleagues and carers. Their phone line is open Mondays and Fridays, 8pm to midnight. Ring 0300 330 5468.
