A group of six left-wing London councils have stated they may defy new government guidance on single-sex spaces, arguing the rules are detrimental to the rights of transgender people.
The guidance, which came into force on Wednesday as part of a new code of practice on the Equality Act 2010, stipulates that single-sex facilities such as toilets, changing rooms, hospital wards, and refuges should be utilized based on a person's birth sex rather than their gender identity. This update follows a Supreme Court ruling from April of the previous year, where judges determined that the terms 'woman' and 'sex' within the Equality Act 2010 refer to biological definitions.
Local leaders from Lambeth, Waltham Forest, Southwark, Hackney, Haringey, and Lewisham expressed their opposition in an open letter to Bridget Phillipson, the UK's minister for women and equalities. They described the new guidance as "simply unacceptable" and stated it "is harmful to the rights of trans people and will make their exclusion from public life more likely, not less." The letter further suggested the guidance would feel "like an attack" to transgender individuals seeking safety and respect.
These councils, led by Green and Liberal Democrat parties, have indicated they will not place staff in a position where they must police entry to public spaces. They are currently reviewing internal practices to ensure no transgender person is excluded based on council actions. Last month, Lambeth councillors had already supported a motion to reject the Equality and Human Rights Commission's (EHRC) amended code of practice.
The councils are demanding that Phillipson confirm the guidance cannot be used to exclude transgender people from services, introduce legislation to protect the rights of transgender and non-binary individuals, and establish an equalities framework that safeguards their safety, dignity, and humanity. They emphasized their commitment to being "boroughs of sanctuary" with significant LGBTQ+ communities, aiming to be safe and inclusive places for all residents.
The letter also highlighted the government's own Equalities Impact Assessment, which acknowledged a risk of exclusion and discrimination for transgender individuals if organizations misinterpret the ruling. The councils warned that overly broad enforcement could lead to both transgender and non-transgender individuals being challenged and excluded from services.
A government spokesperson stated that the code of practice offers "clear, workable guidance" and advised organizations to seek specialist legal advice if clarification is needed. The spokesperson reiterated the government's commitment to upholding single-sex spaces while simultaneously protecting transgender rights, noting existing laws against discrimination and harassment remain in place.