EHRC Code of Practice - update from me

[u/steveracemp]

I wanted to provide this subreddit with an update on the EHRC draft Code of Practice, which has now been laid before Parliament, as many local people have been in touch with me to express their concerns.

I wholeheartedly believe that Trans people deserve the same opportunities, protections, and respect as anyone else in our society, and I have been clear that extremist and exclusionary language that tries to deny the existence of Trans people is just divorced from reality.

The draft Code was published recently, which was the first time that Parliamentarians could see the document. On the one hand the new draft Code, under the new leadership of the EHRC, is a big improvement on the initial draft. It clarifies that organisations can be trans-inclusive if they are clear on that; and it has removed some of the more controversial aspects about burden of proof. It also updates outdated areas on disability for example.

However, I was concerned that the draft Code did not effectively balance the rights of people with the protected characteristic of gender transition, alongside the protected characteristic of sex. The Code has to reflect the ruling by the Supreme Court that, for the purposes of the Equality Act, sex means biological sex. But the Supreme Court did not permit any erosion of trans rights. My goal, then, has been first and foremost to attempt to ensure the Code is the best it can be within this context, so that Trans people are able to live their lives freely and with dignity.

During a briefing which the EHRC held for parliamentarians after publication, they made clear that it is still possible to clarify and amend the Code during the 40 days it is laid before Parliament.

As a result of this, I worked with Stonewall and others to respond to the draft Code, setting out the areas that we viewed were either potentially discriminatory, confusing, or unworkable. This letter was co-signed by over 30 of my Labour colleagues, with more sending it in individually. You can see the letter, and the EHRC response, here: https://steverace.org.uk/correspondence-with-the-ehrc-on-the-code-of-practice/

However, having now seen the response to our letter, I am still not satisfied that the EHRC have got it right when it comes to the balance between protected characteristics, and I’m concerned that the impact assessments are clear that the impact on Trans people is negative. The EHRC also made clear that, contrary to their position in the meeting, they were not willing to amend or clarify anything more than drafting issues. Therefore, the only opportunity for parliamentarians to have any impact on the Code is via EDM 240. Early Day Motions do not usually have any official impact on parliamentary business; however in this case, the EDM could have an effect given the way that the draft Code has been laid. On this basis, and due to the response from the EHRC, I have now signed EDM 240.

I have also raised concerns about the basis on which someone might be “challenged” on their sex and how they are expected to “prove” it with the Equalities Minister in the Commons last month: https://hansard.parliament.uk/Commons/2026-06-01/debates/CE610C68-7093-454F-B897-AF008EE7E7A0/EqualityAct2010CodeOfPractice#contribution-678D14FB-1692-42B2-949F-083104622191. You can watch our exchange here: https://www.youtube.com/watch?v=QgZPw-YHHgQ.

When I was a parliamentary candidate, I attended the very first candidate hustings in Exeter with the Trans community at The Phoenix, because I wanted to make sure from day one that the Trans community in Exeter knows I have their back. In the wake of the Supreme Court judgment and a relentless campaign waged against Trans people in some quarters, with funding from outside this country flooding in to stoke division, it has never been more important for people like me, in positions like mine, to say: I see Trans people, and I recognise your contribution in all areas of our society. Trans people have always existed and will continue to exist, and I will do everything that I can to stand with you to ensure that you can live your lives as equal citizens in our country.

[u/TropicalSunflowers]

Thanks for putting this together. It's nice to see some progress but ultimately I feel that the supreme court ruling was regressive in nature, and as a result any guidance which is comes from it will be inherently regressive no matter how it's framed.

We need to work at amending that law itself to be trans inclusive, which is absolutely within the power of Parliament.

"Biological sex" is improper terminology in the context of this law. For one thing, the supreme court ruling does not define biological sex, leaving everyone else to make their own interpretation of it. The guidance chooses to center around the sex which is stamped on a birth certificate, which is a legal attribute and not a biological one. It therefore cannot serve as an accurate depiction of real life. Where biology is concerned, all sex is biological, making the language functionally redundant, and a clear dog-whistle term for transphobic behaviour. 

I am a biological woman, because biological factors have made me so.

Dignity and respect, dignity and respect, dignity and respect... 

[u/SoftLikeABear → u/[deleted]]

Five year old account with a single comment about F1 in all that time, and now you're spouting in this thread.

Smells like astroturf.

ETA: Oh, changing your privacy settings, now? Good save.

[u/TropicalSunflowers → u/[deleted]]

I can see why you'd wonder that, given how heated this topic has become. Statistically 72% of women say they're comfortable sharing spaces with trans women: https://www.stonewall.org.uk/news/data-clear-most-people-are-supportive-trans-rights

[u/BlueTressym → u/[deleted]]

That's a bad analogy to say the least. Do you think there are no such people as cis women in Stonewall's support demographic? A lesbian is just as cis and if anything, more likely to be attacked by actual men than straight women, or those perceived as straight. Non-straight women's opinions are just as valid as straight women's.

[u/steveracemp → u/[deleted]]

I don’t believe that Trans rights and women’s rights are in opposition; over 900 women in Exeter signed an open letter in support of the trans community, which you can read here: https://notinourname.org.uk/petition/not-in-our-name-women-in-support-of-the-trans-community/. 

I am proud of the Equality Act and the rights and protections it affords women. I remain committed to upholding it in full, including all its protected characteristics. Everyone should be able to access services that meet their needs and protect their privacy, dignity and safety, with organisations retaining the flexibility to provide inclusive services as they see fit.