"The draft update to the human rights watchdog's Code of Practice - which was put together following April's controversial FWS v Scottish Ministers Supreme Court ruling that decided the legal definition of the protected characteristic of 'sex' does not include trans people - was submitted to equalities minister Bridget Phillipson in September. Immediately following the court verdict, the EHRC published interim guidance which outlined clauses recommending businesses, organisations and service providers to ban trans women from female facilities and trans men from male facilities, alongside stating in "some circumstances" trans people could be prevented from using spaces based on "biological sex"."
"It was later clarified these "circumstances" referred to situations where "reasonable objection" could be taken to a trans person's presence, such as in female spaces when "the gender reassignment process has given [a trans man] a masculine appearance or attributes". Gender-critical campaigners view the Supreme Court ruling as a landmark victory but trans, wider LGBTQ+ and human rights groups - as well as some MPs - have warned finalised guidance based on the ruling could result in a sweeping bathroom ban for trans people."
A draft update to the Equality and Human Rights Commission's Code of Practice was submitted to equalities minister Bridget Phillipson in September following the Supreme Court ruling in FWS v Scottish Ministers. The EHRC published interim guidance recommending businesses, organisations and service providers could ban trans women from female facilities and trans men from male facilities, and that in "some circumstances" trans people could be prevented from using spaces based on "biological sex". Those circumstances were clarified to allow "reasonable objection" to a trans person's presence, including exclusions based on appearance. Leaked drafts resembled the interim guidance and the interim guidance has been removed from the EHRC website; the final version has not been published.
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