A growing number of Labour MPs have expressed doubts over the practical implementation of the Equality and Human Rights Commission (EHRC) guidance on the Supreme Court ruling that sex in the Equality Act refers only to biological sex. The guidance, approved last month, has sparked concerns about its impact on transgender people, with 135 MPs—including 69 from Labour—signing a Commons motion to block it.
While blocking the guidance is unlikely without a government vote, which has been refused, backbenchers are pressing ministers to consider new legislation. Concerns intensified after EHRC chair Mary-Ann Stephenson and chief executive John Kirkpatrick faced questions from the Commons women and equalities committee last week.
The guidance states that trans people should not use facilities such as toilets and changing rooms for their lived gender, and in some cases not even for their biological sex, with gender-neutral 'third spaces' recommended. Labour MP Kevin McKenna, a former nurse, questioned the practicality for hospital patients, noting that side rooms are scarce and often needed for clinical reasons. He warned the code 'may not survive contact with reality'.
Several MPs reported that trans constituents are avoiding medical care due to fears about ward placements. One backbencher said a trans man stated he 'would rather die than be put on a women’s ward'. Another MP criticised the reliance on 'common sense', arguing it is subjective and could lead to legal challenges.
The 40-day parliamentary period for the code ends early next month, after which it will become law. A government source defended the guidance, stating efforts were made to ensure it is 'as workable as possible' and legally robust, though it cannot cover every eventuality.
