Leaked Document Sparks Fears Over Trans Rights
A controversial leaked guidance document from the Equality and Human Rights Commission (EHRC) has revealed that trans people in the UK could be barred from using public toilets, hospital wards, and gym changing rooms based on their physical appearance. The document, obtained by The Times, states that organisations running single-sex spaces can turn away individuals ‘based on how they look, their behaviour or concerns raised by others’.
Details of the Proposed Guidance
This development follows an April 2025 ruling by the Supreme Court which found that trans people do not meet the legal definition of ‘woman’ under existing anti-discrimination law. The EHRC was tasked with creating guidance to reflect this judgement. According to the leak, the guidance would mean that a trans man could be excluded from women's spaces if he is perceived as male, regardless of his sex assigned at birth.
Significantly, the reported guidance moves away from requiring official documentation. Equality officials stated it would not be ‘practical’ to demand evidence like a gender recognition certificate. This is particularly relevant as official figures show that only around 8,000 of the estimated 262,000 trans people in the UK possess such a certificate.
The EHRC reportedly handed this guidance to ministers three months ago, but its publication has been delayed, leaving trans rights campaigners in a state of anxiety.
Widespread Backlash and Legal Concerns
Trans rights activists have reacted with alarm, warning that the guidance could have dangerous consequences far beyond the trans community. Felix Fern, a trans campaigner, told Metro that the plan confirms fears that the UK is attempting to ‘slowly push trans people out of existence in public spaces’.
Fern and others highlighted the risk of increased harassment for anyone who does not conform to rigid gender stereotypes. ‘This represents a wider policing of one’s physical appearance that will endanger the wider general public,’ Fern said. Research by TransActual has noted a rise in incidents since the Supreme Court judgement, including gender non-conforming and masculine women being challenged in women's toilets.
Legal experts have also raised red flags. Jess O’Thompson, trans rights lead at the Good Law Project, argued that the guidance, if implemented, could be ‘unlawful’. She stated, ‘Policing toilet access based on appearance is not just a violation of trans people’s rights, but also dangerously misogynistic.’ She further contended that such measures would increase violence against women and girls, contrary to the EHRC's stated aim of protection.
In response to the leak, Education Secretary Bridget Phillipson said she would review the guidance ‘thoroughly and carefully’, balancing the need for single-sex spaces with the dignity and respect owed to trans people. The EHRC has been approached for comment.
