TransActual today condemned the appalling ‘guidance’ put out by the Equality and Human Rights Commission (EHRC) as a bigoted attempt to segregate trans people in public spaces that is almost certainly unlawful.
Key insights for any organisation or individual looking to better understand – and respond to – this exclusionary ‘guidance’ include:
- This is not statutory. It has no force of law. Until parliament rules otherwise, it is about as useful as the views of any any random member of the public prevaricating over a pint in the local pub;
- It is likely unlawful in significant ways which would put workplaces and venues acting in accordance with it in legal jeopardy. Not least in that a blanket ban of trans women in women’s toilets is not a “proportionate means of achieving a legitimate aim” . We have spoken to lawyers, who have expressed concerns that not only does it breach those scant rights remaining to trans people under the Equality Act; it also goes way beyond the Supreme Court ruling;
- As Lord Sumption made clear, the ruling allows for many consequences: it does not dictate precisely what those should be. Despite this, the Baroness has failed in her duties as EHRC chair. The EHRC has not engaged with any trans organisations in the week since the ruling; they have not sought consensus on the least disruptive ways to implement change; and they snuck this guidance out late on a Friday night, presumably in the hope it will be buried under coverage of the Pope’s funeral;
- At its heart are two inherently fascist principles: segregation, and a rejection of freedom of association. Trans people are to be pushed out of society entirely. At the same time, women who wish to include trans women in their spaces are effectively forbidden from doing so. Lesbians, it would appear, must now seek the permission of the EHRC before inviting people to a pub meeting!
- Far from clarity, the ruling, and this guidance, have opened up a can of worms – which is the opposite to what a Supreme Court ruling should do. We expect legal challenges to any and every attempt to implement it. While we fully intend to support individuals bringing such cases as best we can, we expect these to be grassroots cases, popping up here, there and everywhere. At issue will be both interpretation of the Equality Act, as well as significant Human Rights challenges to the UK government;
- Expect an uptick in violence against both trans and cis women. We are already logging reports of attacks on trans people just going about their lawful business. We also know that anti-trans groups are frequently unable to distinguish between trans women and gender non-conforming cis women. Expect, therefore, attacks on cis women as well;
- Following the apparently unlawful decision last week by British Transport Police to have male officers strip search trans women, trans people’s trust in police is at an all-time low. If we cannot trust the police to defend us as individuals and in our communities, we must now step up and defend ourselves;
- This is the predictable result of overreach by a political appointee, Baroness Falkner, who was put in charge of the EHRC with one goal; to reshape the organisation to support anti-trans policies. To do that she had to destroy its credibility. This is the final nail in the coffin – the EHRC is now explicitly a hate group and should be treated as such.
- For trans people and allies, be vocal and explicit in your defiance of this guidance. Create inclusive spaces and advertise them as such explicitly. Lobby your MPs to resist this segregation. Report those trying to segregate you to us via our upcoming reporting tool. Remember that nobody can make you disclose your gender identity or trans status. And in anticipation of an uptick of violence against all gender non-conforming people, and take appropriate precautions to keep each other safe.
Commenting on this ‘guidance’, TransActual Chair, Helen Belcher said: “The ball is now very firmly in the Government’s court. Trust in them is at an all time low. Either they were lying when they said they supported trans people before the last election; or they are lying now.
“They have clearly not thought through any of the vast and disturbing consequences raised by the supreme court ruling. The idea, as promoted this week by Keir Starmer, that there is now clarity as a result of this ruling and we can all just get on with our lives is pathetic, and demonstrates a woeful ignorance of the law and the realities in this area.
“This was demonstrated by Ministers not answering any questions last week on how their proposed new approach would actually work in practice. We suspect that might be because the answer is “it cannot.”
“Now, though, Labour has a choice. It can continue supporting rhetoric and measures that place the UK on a collision course with the European Convention on Human Rights – and expose us as a nation now wedded to hate and discrimination. A new pariah state, with all the international implications of that decision. Or they can step up, engage with us meaningfully and decide to protect all citizens, not just a loud, hateful few. ”
For further information:
Please contact jane fae via press@transactual.org.uk.