The UK government is facing significant backlash over its delayed transgender guidance, with campaigners branding the proposed code a potential 'licence to discriminate based on looks'.
Ministers have confirmed they will not rush publishing the new guidance for trans people's use of single-sex spaces, despite receiving the document from the Equality and Human Rights Commission almost three months ago.
What the Leaked Guidance Proposes
According to reports from The Times, the leaked guidance suggests that service providers including hospitals, gyms and leisure centres could lawfully question transgender individuals about their biological sex to preserve single-sex spaces.
The proposed code indicates that organisations could assess whether a trans person should access single-sex services based on their appearance, behaviour or concerns raised by others. In one example cited, a trans man could be excluded from a women-only service despite being female because he presents as male and other users might reasonably object to his presence.
The guidance also addresses sports participation, stating that trans people should not be included in single-sex competitions based on their identified gender rather than biological sex.
Government Response and Timing
Women and equalities minister Bridget Phillipson received the draft guidance from the EHRC on September 4 and has been reviewing it thoroughly since. A Downing Street spokesman emphasised that given the document's complexity - spanning more than 300 pages - and its significant implications for businesses and individuals, the government is taking due care rather than rushing publication.
Phillipson stated on Thursday that while ensuring women have access to single-sex provision is important, 'trans people should be treated with dignity and respect'.
Widespread Criticism and Concerns
Trans rights organisation TransActual has strongly condemned the reported guidance, describing it as 'cruel' and 'unworkable'. They argue the proposals would disproportionately affect women of colour and butch lesbians who might be perceived as unfeminine, creating racist and homophobic impacts alongside harm to trans people.
Liberal Democrat MP Josh Babarinde echoed concerns about practicality, telling Parliament the guidance as reported would be 'unworkable for business'.
The EHRC has urged the government to accelerate the process, warning that some organisations are currently using unlawful practices in the absence of updated guidance. The existing code hasn't been revised since 2011 and became outdated following April's Supreme Court ruling that the words 'woman' and 'sex' in the Equality Act 2010 refer to biological woman and biological sex.
Once approved, the new code would come into force 40 days after being laid before Parliament, marking a significant shift in how single-sex services across Britain operate.
