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Case

We’re challenging the EHRC’s interim guidance

The interim guidance that the EHRC issued after the Supreme Court’s decision on trans rights was transphobic, harmful, and legally wrong. Our High Court challenge achieved some clarifications but the judgment still ignores the legal and lived reality – so we’re preparing an appeal

Jeff J Mitchell / Getty Images

Case overview

The High Court has ruled on our case against the EHRC’s transphobic interim guidance. 

On one side, the judge has said we are right about the law in the part of our case about services, which means that the EHRC’s draft guidance will have to be rewritten. This is good news. 

But for workplace toilets, the decision could mean that many trans people are forced to use third spaces. Unacceptably, it reduces trans people to a third sex and gives little or no weight to the harm done to trans people by excluding them.

Overall, the judge has decided we’ve lost. But we will appeal. 

Part of campaign:

  • Stop the UK’s attack on trans people

    The Supreme Court ripped up the Equality Act without hearing a single trans voice – and the aftermath has been devastating. We’re fighting back to defend the human rights of all

    Stop the UK’s attack on trans people