EHRC Guidance: You Are Not Alone 🏳️⚧️
Trigger warnings: sexual harassment and assault, transphobia,
This blog was written by our talented Social Media Marginal Associate. He has lived experience as a trans person, and in this blog he explains his thoughts about the current Equality and Human Rights Commission's guidance on single-sex spaces.
If you or someone you know is struggling due to the topics discussed, we have provided links to where to find support at the end of this blog.
“We have to be visible. We should not be ashamed of who we are.”
— Marsha P. Johnson
The New EHRC guidance comes into effect on August 5th which determines how trans people can access single sex spaces. The guidance states “individuals must use the bathroom that corresponds with their biological sex”. It was later added that in some cases trans men and trans women cannot use the toilet of their biological sex either and rather a third gender neutral option should be offered where possible, make pre-existing toilets gender neutral or to make disabled toilets available to Trans people.
This has led to an outcry by transgender people as discriminatory against all those under the trans umbrella, that it leaves out non-binary people and ignores the very existence of intersex people whose biological gender is ambiguous. When looked at chronologically the first time this issue was raised it was in relation to trans women and keeping out biological men from women's only spaces., Iit was only later realised that this would force trans men into women's only spaces and therefore make it more likely that a predatory man would enter a women's space under the guise of being trans causing the additional problem that trans people may be excluded from single sex spaces completely. This then raises the question about women’s only wards and hospitals, if trans men are now excluded from women's only spaces despite their biological sex, where does this leave them in terms of healthcare relating to female anatomy. Are they simply left behind at greater risk of health issues occurring? Or is this an exception to the rule? All these issues and still trans people were often left out of the discussion or their experiences ignored.
Adding in gender neutral toilets comes with its own risks of outing an individual as trans to anyone who may witness them using this toilet. This might leave them vulnerable, or it may take away another person's access to a space they need such as forcing trans people into disabled or family toilets. Adding gender neutral toilets also comes with its own question mark, as under Rishi Sunak’s government the addition of gender-neutral toilets were brought to a halt and banned and as of yet there has been no clear guidance on whether or not this has been overturned.
A part of the guidance allows individuals who are going to the toilet to question other people's gender and if they are allowed into the toilet they are trying to use. This not only puts trans people in harm's way but also cis people who may not fit into another person's idea of what a woman/man looks like, leaving them vulnerable to being kicked out, harassment or even assault. In 2025 according to the guardian a gender non-conforming woman reported being spat at, while other sources say cis women have been asked to ‘prove’ they aren’t men. Additionally, as part of the new guidance trans women and anyone an officer believes to be trans may be frisked and strip searched by a male officer, not only taking away a trans person's safety and dignity but also cis women's; rights that were previously hard fought for.
Despite all this, trans people still exist and are fighting hard for their right to exists peacefully in a world that seems against them. Despite the new guidance and hate that seems to be appearing all the time we as a community, with our allies, stand strong, seeing record numbers of 40,000+ attendees at this year's Brighton’s trans pride and 150,000+ at London’s trans pride march.
We as an organisation will continue to be here for all our trans young people. We are a safe space and will continue to provide a space where trans people can be themselves and don’t have to worry about where they belong and where they can go to the toilet. And I as a trans person will continue to stand with my trans siblings to stand up against hate, call for change and to support all those who need it.
Links to go to for support in the UK:
The Proud Trust - Home of LGBT+ Youth
