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4mo ago

EHRC Opens Consultation on Draft Guidance Defining Single-Sex Spaces

New draft code clarifies rules on transgender access to facilities, sports participation, and verification processes following Supreme Court's biological sex ruling.

Susan Smith, left, and Marion Calder, directors of the For Women Scotland’ group celebrate the Supreme Court ruling on biological sex. The EHRC has launched a consultation on its guidance

Overview

  • The Equality and Human Rights Commission (EHRC) has released a draft Code of Practice for public consultation, extending the feedback period to six weeks, ending June 30.
  • The draft guidance redefines 'legal sex' as the sex recorded at birth, excluding changes via Gender Recognition Certificates (GRCs).
  • Trans individuals may be excluded from single-sex spaces and competitive sports when deemed necessary for safety, fairness, or privacy concerns.
  • Organizations can request birth certificates or GRCs to verify sex when 'necessary and proportionate,' but must do so discreetly to avoid discrimination.
  • Legal challenges to the guidance have emerged, with the Good Law Project claiming it is 'wrong in law,' while some public bodies await finalized rules before updating their policies.