The Equality and Human Rights Commission (EHRC) has released its new code of practice following their interim guidance after last month's UK Supreme Court decision on the definition of sex under the Equality Act 2010. Whilst the EHRC's interim guidance has been met with condemnation by decent people, and those that understand how ridiculously dangerous it will be trying to police people's bodies, their new code of practice takes things further after their initial push to have trans people put into segregated spaces. The EHRC is now instructing staff in any place that has gendered spaces, which is literally anywhere with single sex toilets, to challenge those trying to use them that they think might be trans.
The regulatory body, headed up by the notably anti-trans Baroness Kishwer Falkner, has given new guidance updates ahead of a six week public consultation period, an extension on their initial plan to rush the changes through with a two week consultation period. Falkner claims that the new guidance will satisfy 'demand for authoritative guidance'.
According to the code of practice people will legally be allowed to have their usage of single sex spaces challenged if it believed their birth sex does not match. This means that anyone who is suspected of being trans can be asked to prove that they're not, and will need to provide evidence. How places will be able to police bathrooms has long been a question around transphobes insane focus on the issue, and the EHRC seems to think they've cracked the case (they've not).
The EHRC says that staff in these spaces can ask someone to prove they're the sex they are in a 'sensitive way which does not cause discrimination or harassment', something that seems like an impossibility as most people would see a bathroom cop asking them what genitals they have would be harassing. To avoid a system in which these bathroom police will force members of the public to drop their trousers and expose themselves the EHRC has decided that people will need to carry their birth certificates on them, producing them upon request to prove their birth sex.
Anyone familiar with a birth certificate is likely already a little confused at this, or possibly even laughing at the idea as these documents have 'THIS IS NOT A FORM OF ID' printed on the bottom of them in large letters. There's also the fact that trans people can have their birth certificates changed to reflect their new gender. However, the EHRC has also put their best minds at work to figure out this slight flaw in their system. If the person who sees your birth certificate has the right sex listed on it but still thinks you're in the wrong toilets they can ask you to then produce your passport, another document that can have gender markers easily changed.
So what happens if you provide your birth certificate, then your passport, but the bathroom gestapo still think you're not the right kind of person they want in the toilets? Well, they're not allowed to ask you if you may have had a Gender Recognition Certificate to change your birth certificate, but if they think you have they can ask you to provide that. If you have one and have that with you (we're now up to three forms of ID documents you're supposed to have on you at all times) they can prove you're trans and kick you out. But if you refuse to provide a GRC, which most people will as very few folks have one and most people who are going to be challenged are going to be cis people, the person asking for evidence of your sex can decide that you're just lying and exclude you anyway.
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| Baroness Kishwer Falkner - toilet gestapo |
The EHRC are either fucking stupid, or there's people there who know how ridiculous this situation is and are trying to sabotage it from the inside. But based on what 'gender criticals' have demonstrated so far I think the first option seems the more likely.
Maya Forstater, a woman who turned not getting a contract renewed into her entire identity, has claimed that this new guidance brings 'clarity' to the Supreme Court ruling. With that being her insightful and intelligent takeaway from this car crash of a document I wonder why her employers didn't keep her on. 'The draft EHRC guidance reflects the law as clarified by the Supreme Court, so there can be no more excuses for failing to follow it.
'Its clear language and calm, factual tone are a welcome antidote after weeks in which trans lobby groups have sought to present the ruling as complicated and dangerous. It’s shameful that the UK’s flagship public sector bodies, from Parliament and the civil service to NHS trusts, as well as many third sector organisations and private companies, have dragged their heels.
“The Supreme Court judgment was already completely clear, and there was never any justification for waiting to comply. The guidance will now go out for consultation, but the broad outlines are fixed. Organisations that delayed will now have to scramble to change their policies to comply with the law, as every day they delay increases the risk of legal action.'
Perhaps more laughable that Forstater's reading of this as bringing clarity is Falkner telling the press that 'People with protected characteristics should never be discriminated against or harassed when using a service.' whilst simultaneously pushing for that against trans people any chance she gets. Once again, fuck the EHRC and these people.
The EHRC seems to have crafted a wonderful system where anyone at any time can be accused of being trans, can be harassed and challenged in public, and even if they provide proof when asked for it, can just be called a liar and banned from toilets, changing rooms, and other single sex spaces. I honestly don't know how to respond to this frankly idiotic idea. This feels like it's one of the worst jokes I've ever heard, but it's completely serious and it's going to be used by bigots to try and ruin people's lives.
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| Pro-trans protests sparked around the UK in response to the Supreme Court ruling |
As the majority of trans people have been saying over and over again for literal years now, the people who are going to get hurt the most from policies such as this are cisgender people. There are weekly news reports of cis people being harassed, challenged, or even assaulted, for trying to use single sex spaces, particularly women's spaces. Women who don't conform to gender stereotypes or conventional beauty standards are much more likely to get harassed than trans people are. Butch women, women with short hair, women who don't dress effeminately, women of colour, women with PCOS, all of these and more are being actively put in danger by the idea that people should be challenged for simply trying to take a piss.
If the EHRC are listened to, if this becomes the legally expected thing, those reports are going to skyrocket. People will he harassed, people will be discriminated against, people will be assaulted, and the group that are being used as the reason for it, the women who need 'protecting' are going to be the victims of this, trans and cis alike.
It's likely that even if this is put into place that it's hardly ever going to be enforced. Shops, clubs, entertainment venues, ect., aren't going to employ special security guards to check people's papers, regular staff don't have the time to do that, nor will they want to. And let's be honest, it won't be long before we see legal cases springing up against those that do try to enforce this for discrimination. It's stupid beyond belief, it's obviously wrong and un-enforceable, yet we're at the stage where the country is going to be demanding papers just to use the toilet.
There's not much more to say about this, both because it's clearly ridiculous and because I've reached the point where I just want to swear over and over. If you can, respond to this consultation. This cannot go unchallenged, even if it is clear why this is bad. We need to have our objections on paper, our voices need to be recorded, even if they're going to be ignored completely. Be prepared for this to go through because we've reached the point where Britain is a parody country where bigotry is king. Be angry, be sad, do whatever you need to to process this and deal with your grief, but then fight it every step of the way.
I've been using women's spaces without incident for over a decade, I will continue to do so, and I'm going to laugh in the face of anyone who asks me to produce documents to prove that I belong in those spaces.
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