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This new guidance is not Statutory Guidance. Organisations are not compelled to follow it. We do not believe a court would support it and we believe that there is a strong chance it would be overturned in Judicial Review. In the meantime, we urge organisations to continue to comply with the EHRC’s own Statutory Guidance as breaches of Statutory Guidance (which, bizarrely, this new material from the EHRC contradicts) can be used as evidence in court.
In the context of services, the law states that trans women can be excluded from separate-sex spaces as a proportionate means of achieving a legitimate aim. Bigotry is not a legitimate aim. Nor is trying to drive trans people completely out of society because of ungrounded and confected fears. It would be absolutely unthinkable for the EHRC to announce guidelines of this sort in respect of any other minority group within British society. If they did so there would be a colossal outcry and we hope that one will follow in response to this.
We will of course continue to digest the implications of the EHRC's actions today and will share further responses as necessary.
The Trans Legal Project blog is a place where we express opinions and offer commentary on aspects of the law, recent or upcoming cases etc.
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