Labour MPs Seek to Block EHRC Guidance on Supreme Court Sex Ruling

The Supreme Court ruled “sex” in the Equality Act means biological sex. The Equality and Human Rights Commission (EHRC) issued a code of practice barring trans people from using toilets and changing rooms that match their gender identity, and require gender-neutral “third spaces” where possible.

The Guardian

A Commons motion signed by 135 MPs, including 69 Labour members, calls for the code to be blocked. Though it cannot change the law, it records parliamentary opposition and builds momentum for possible legislative change.

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A government source said the guidance has been made “as workable as possible” and is “legally robust, with as many examples as possible for service providers to follow.” The government declined to grant a vote to block the code.

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EHRC chair Mary-Ann Stephenson and chief executive John Kirkpatrick faced questioning from the Commons women and equalities committee, while Labour MP Kevin McKenna, a former nurse, highlighted hospital-ward concerns. Labour MPs argue the guidance is impractical, unsafe, and likely to generate legal challenges. They point to the scarcity of gender-neutral side rooms in hospitals, the subjective determination of who may use single-sex spaces, and the risk of organisations being sued. One MP warned the code “opens the door to a series of legal challenges.”

The Guardian

EHRC and the government say the guidance is workable; Labour MPs say it is not ready for real-world use. Data on how many facilities have gender-neutral spaces are not provided, leaving a gap in assessing feasibility.

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• “This guidance is not ready, not practical, and not safe to implement. It will lead to terrible situations for trans people and their friends and families. It will not make life any safer for anyone else.” — Kevin McKenna, Labour MP

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• “Mary-Ann Stephenson kept talking about ‘common sense’,” — Labour MP (unnamed)

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• “You can’t operate that way because it’s completely subjective. Organisations will be worried they will be sued if they get it wrong.” — Labour MP (unnamed)

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• “We understand that there are a lot of strong views on this, but we have tried very hard to make the guidance as workable as possible, and ensure it is legally robust, with as many examples as possible for service providers to follow. But it cannot cover every single legal eventuality.” — Government source

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The code will be laid before Parliament by early July; after the 40-day period it is expected to become law. Labour MPs are likely to continue pressing for legislative amendments or further scrutiny of the guidance.

The Guardian