The draft EHRC Code of Practice, as reported in the Times, now admits that there is no way to enforce the anti-trans bathroom ban other than based on policing the appearance and gender presentation of all service users.
Our research has uncovered many stories of cis people, especially gender non-conforming women, being humiliated and excluded by staff or vigilante gender police when using the appropriate facilities and shown that this has already increased since the publication of the EHRC’s draft guidance.
A Spokesperson for TransActual said “Astonishingly, the UK’s ‘human rights watchdog’ is attempting to mandate that staff at cinemas, hospitals, bars and cafes must try and judge whether users are trans or not based on appearance alone. This is a license to discriminate based on looks, plain and simple.
“We’ve seen this before – people trying to make our society into a place that is only safe for ‘normal’ ladies. Not just loos. But sports centres, changing rooms and more. We know from experience that women of colour and butch lesbians are more likely to be seen as unfeminine by strangers, so this policy would have racist and homophobic impacts as well as being obviously incredibly harmful for trans people.
“We offer our solidarity to the many cis women who have been targeted and harassed for their appearance by ‘gender critical activists’ who believed they were trans, and who would be put even further at risk by these rules.
“We cannot believe that government would be so foolish – so hell-bent on shooting itself in the foot – as to go along with this. We therefore trust that Equalities Minister Bridget Phillipson will treat it with the contempt it deserves and reject this costly, cruel and unworkable guidance, sending it back to the EHRC to be completely rewritten.”
According to this report, the EHRC have also admitted that their draft code may be a “heavier burden” on small businesses and services such as local charities, due to the “disproportionate financial costs” of complying.
This leak was published to coincide with Trans Day of Remembrance, a day when we remember the lives lost to transphobia, including through marginalisation and exclusion from social spaces and support networks, or due to the direct prejudices of individuals. This day should be a wake-up call to the dangers of letting personal biases become the basis of policy.
Make your voice heard and write to your MP to tell them to reject this bathroom ban by the back door: https://actionnetwork.org/letters/scrap-the-bathroom-ban
Further Information
For further information, please contact jane fae via press@transactual.org.uk
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Extracts from our Trans Segregation in Practice report:
“On several occasions when going to the female toilets I have been told it’s female and/or stared at for very uncomfortably long periods of time. I am female (born female, not that that matters) I present quite masculine as I am a masculine presenting lesbian. I have always had this problem but more so than ever before. I understand I can be mistaken sometimes, but people seem to think it’s acceptable to basically ask if I’m female or stare at me like I shouldn’t be there. It made me feel uncomfortable and helpless. I don’t know how to dress any other way than what is comfortable for me.”
LESBIAN, MASCULINE, CIS WOMAN WHO FACED ISSUES WITH A HEALTHCARE PROVIDER IN SCOTLAND.
“I was in the public toilets when a woman said to me, “are you supposed to be in here?” I ignored her and she went to the toilet. When I came out she was gone but I was expecting her to have gone to get management. I am a cis woman with a short hair cut. I felt absolutely furious for my trans friends. I went and got my hair cut even shorter – I felt deeply deeply angry and like something I could do about this horror is confront TERFs who confront me and make them question their bullshit.”
WHITE, LESBIAN CIS WOMAN WHO FACED ISSUES AT A MUSEUM OR GALLERY IN ENGLAND.
“I went to use the ladies toilets. As I entered a woman with two children under 10 were walking towards me. The woman said “You’re not allowed in here.” I swore at her and continued walking past her. I think she said some more things but my hearing isn’t great and I was moving away from her. I am a cisgender butch lesbian. I currently sport a short haircut that some would define as masculine and I wear masculine clothing. I felt invalid and embarrassed. I am painfully aware my experience was a glimpse of what the trans community are suffering every day. Going forward I will be more hesitant and anxious about using public toilets, but I will continue to do so. It’s sad that at 47 I’m back to my life and appearance being a political statement in the UK.”
ABLE-BODIED, CISGENDER, BUTCH LESBIAN WHO FACED ISSUES IN PUBLIC TOILETS IN ENGLAND
“I was at the [major music venue]. Toilets on either side of two lifts – men’s on one side, women’s on the other. I was in the queue for the women’s. Men were queueing across from me. I was facing into the bathroom, so from behind, you couldn’t see my face. I was just standing there, minding my business, when I heard someone shout, “The men’s toilets are over here!” I ignored it at first. But he kept shouting. Then I felt a tap on my shoulder. He walked up, poked me, and said: “Do you realise this is the women’s toilet?!” Up to that point, he hadn’t seen my face. So what was he judging me on? My haircut? My hoodie? Also, I was surrounded by women. It was pretty obvious I was in the right place. His energy was aggressive. I was shocked. looked him straight in the face and asked: “What sex do you think I am?” He said: I don’t know!” I said: “Would you like to see my tits?” I started unzipping my hoodie. He panicked: “No no no, don’t do that!” His wife came out of the loo, saw what was going down, and said: “Let’s go now!” She rushed him away before all the ladies around me properly kicked off. They were horrified by what they saw. One lovely lady said to me “You are welcome here” and another was like I am so so sorry you had to experience that. Another one said you must report him and get him kicked out! I felt shaky and in shock. I was not offended by him thinking I was male. I have a strong male energy. What did offend me was that he could make this assumption from so far away without seeing my face and that he felt no issue in touching me and coming right into the ladies toilets to tell me this. I may have a boyish face but I don’t think I look like a man. When he did see it, he made no apology.”
GENDER QUESTIONING PERSON WHO FACED ISSUES AT AN ENTERTAINMENT VENUE IN ENGLAND.
“As I was leaving the loos, two women opened the door, double checked the sign and repeatedly informed me it was the ladies. I told them they could “figure it out”, at which point they told me that they were “ok with it”. I feel unwelcome in this establishment and also society at large. That said, this happens on a monthly basis so mostly just resigned to it.”
BUTCH DYKE WHO FACED ISSUES IN A PUB, BAR OR CLUB IN ENGLAND
“As I exited, one person commented to the other “oh wait, this is the women’s toilets, right?” (So not aimed at me, but would say was prompted by my appearance – short hair, androgynous/more masc shirt over vest, shorts) This has happened many times over the years. Not for a while now though, since I’ve got older, mum with kids etc!! Usually I’m fine with it. But it also made me reflective on the current climate, as for others that could now feel like a dangerous space to be in, if you think the next step would be that those people might challenge people. Or for trans people esp, that could be gender dysphoria inducing. The opposite of affirming and makes you feel vulnerable, sad in that moment.”
WHITE, LESBIAN, MASCULINE, CIS WOMAN WHO HAS FACED ISSUES IN PUBLIC TOILETS IN ENGLAND