Government accused of ‘mimicking Trump’s America’ with new bathroom guidance

Stay up to date with notifications from The IndependentNotifications can be managed in browser preferences.AllNewsSportCultureLifestyleThe Equalities and Human Rights Commission (EHRC) has published new guidance confirming that single-sex services must be based on biological sex, a move that has sparked concerns about the exclusion of trans people from public life. This guidance follows a landmark Supreme Court ruling in April 2025 which clarified that the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex. Charities and campaign groups, including the Trans+ Solidarity Alliance (TSA), have criticised the guidance, calling it a 'Section 28 moment' for the Labour government and comparing it to Trump’s America, arguing it will push trans people out of public life. The EHRC's code covers various scenarios, stating that trans people should compete in sport according to their birth sex and that hospital wards can lawfully exclude trans patients if single-sex, though it also notes it would be 'very unlikely' to be proportionate to prevent a trans person from using any service. While the government and groups like For Women Scotland have welcomed the guidance as a pragmatic approach to upholding women's rights, critics anticipate legal challenges and argue it treats trans people as a 'third sex', prolonging a 'hellish limbo' for the community. In fullNew bathroom guidance for trans people ‘the kind of policy you’d see in Trump’s America’, campaigners sayThank you for registeringPlease refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in

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