The Good Law Project has thrown its support behind a trans person and a trans-inclusive organisation in their legal challenge against the government’s “transphobic” code of practice
A major trans organisation is supporting claimants in a challenge against the government’s updated Equality and Human Rights Commission (EHRC) code of practice, which comes into force today (August 5).
The code of practice, drafted by the EHRC and imposed by the government, provides statutory guidance to service providers. The Good Law Project (GLP) states that although the guidance isn’t legally binding, it could have a devastating impact on trans people’s lives.
As per the EHRC guidance, a large number of trans-inclusive women’s organisations across the country face a stark choice. They must either ban trans women entirely, or stop being a women’s service and open up to all men.
The code applies to a broad range of services, like women’s pottery classes, gyms and gendered toilets. GLP claims the code risks outing trans people, marginalising them in everyday life, and pushing them out of public spaces and their communities.
It claims the code will also likely have knock-on effects for cis women – who may face challenges and harassment when accessing services – and disabled people, as the guidance suggests that trans people use accessible toilets, which are already underprovided.
The organisation are supporting a trans person and a trans-inclusive organisation as the claimants in the case. They have sent a pre-action protocol letter against the government and the EHRC as the first step towards proceedings.
Good Law Project’s trans rights lead, Jess O’Thomson said: “It’s difficult to believe just how far backwards our government has gone on trans human rights. This Labour government pushed through its transphobic guidance in the face of opposition from many MPs, including nearly a hundred of its own backbenchers.
“It’s not just immensely harmful. We think it’s unlawful, and completely against human rights. So this challenge is absolutely essential.”
Spokespeople for the Equality and Human Rights Commission and the Government were unable to comment on ongoing legal proceedings at this stage.
Last month, Nadia Whittome MP, who submitted the motion against the code, penned a letter to Bridget Phillipson, the Secretary of State for Education, demanding it be withdrawn.
“The scrutiny period for the EHRC’s draft Code of Practice ends this week. This Code will enforce trans people’s segregation, out them to others, and put them at increased risk of harassment, abuse and violence,” Nadia posted on BlueSky.
“Despite more than 1 in 4 MPs signing my motion against the Code, it is due to come into force without any debate or vote in Parliament. I have written to the Minister for Women and Equalities urging her to withdraw it now.”
The government’s own Equality Impact Assessment acknowledges that this could place some trans people at a “disproportionate risk of violence and sexual assault”, and cautions about the dangers of gender policing affecting everyone, noting “women who are considered masculine may face greater scrutiny”.
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.