Trans People Face Enforced Segregation as New UK Guidance Nears Approval

As a 40-day parliamentary deadline expires this week, transgender people in the UK are bracing for what Labour MP Nadia Whittome has called enforced segregation under new guidance on single-sex services. The Equality and Human Rights Commission (EHRC) is set to update its Code of Practice, following last year's Supreme Court ruling that woman and sex in the Equality Act refer only to biological sex. The draft, laid before parliament on May 21, instructs service providers to exclude trans people from single-sex spaces aligned with their gender identity, warning of legal challenges if they do not comply.

What Does the New EHRC Code Actually Say?

The code tells service providers not to admit trans people into female-only or male-only spaces that match their gender identity. It also allows providers to bar trans people from accessing services aligned with their biological sex in certain situations, such as preventing a trans man from attending a woman-only support group. Critics argue this effectively restricts trans people from participating in public life altogether.

Why Are Activists and MPs Calling This Enforced Segregation?

Whittome, a member of the cross-party Women and Equalities Committee, told ITV News:

'The code will mean enforced segregation for trans people, with services, businesses and charities expected to exclude them from spaces they have long used.'

She warned that the guidance increases the risk of harassment, particularly for trans women forced into male-only spaces.

'The code also suggests trans people's exclusion should be enforced based on physical appearance. That will affect anyone who doesn't conform to gender stereotypes, not just trans people.'

How Are Marginalized Communities Already Being Affected?

Galop, a charity combatting anti-LGBTQ+ abuse, reported that they have been unable to place any trans women into a domestic abuse refuge in 2026, despite over 240 referrals. Alfie Bailey-Bearfield, advocacy lead at the Trans+ Solidarity Alliance, said trans people feel scared and betrayed.

'If you don't know if you can use a pub toilet without either breaking a policy or being put in danger, or whether you can be admitted to hospital in a safe and dignified way, then so many people will sadly self-exclude to all our detriment.'

What About the Argument That This Protects Women and Girls?

Proponents of the guidelines argue that including trans women in female-only spaces threatens women and girls, who face heightened risks of violence. However, Whittome rejects this framing.

'The idea that this guidance will do anything to reduce the epidemic of violence against women is not borne out by the evidence. The assumption that trans women are inherently a danger to other women is simply transphobic.'

Rachel Taylor, co-chair of the LGBT+ Parliamentary Labour Party, added:

'There has to be proportionality about this, and there also has to be respect for trans people to live their lives as they have done for years. It seems like we're going backwards.'

What Does the Government and EHRC Say?

A government spokesperson claimed the UK proudly upholds a robust legislative framework to protect LGBT+ people, pointing to strengthened hate crime protections and a trans-inclusive conversion practices ban. The EHRC stated:

'The Equality Act, the Supreme Court's judgment and our Code of Practice all make clear that people cannot be discriminated against in relation to the protected characteristic of gender reassignment. Trans people cannot be left without access to services, and nobody should face harassment.'

Yet the London Assembly has described the guidelines as discriminatory, contradictory and unworkable.

What Can Be Done to Stop This?

A motion to disapprove the code, tabled by Whittome and signed by 164 MPs across five parties, is unlikely to force a vote. Whittome explained:

'Unfortunately, there is no mechanism by which backbench MPs can force a vote to be held, so one is unlikely to take place.'

The code is expected to pass scrutiny on July 9, after which Equalities Minister Bridget Phillipson can bring it into force. Bailey-Bearfield urged urgent legislative action:

'This complete mess is the government's responsibility to solve, and they must legislate urgently to fix it. Failing to act will not make this issue go away, but instead ensure that expensive litigation continues from all sides for years.'

Frequently Asked Questions

What is the new EHRC Code of Practice?

It is updated guidance following the 2025 Supreme Court ruling that woman and sex in the Equality Act refer only to biological sex. It tells service providers to exclude trans people from single-sex spaces aligned with their gender identity.

How does this affect trans people's daily lives?

Trans people may be barred from using public toilets, hospital wards, domestic abuse refuges, and other services that match their gender identity, leading to self-exclusion from public life.

What is the government's response to criticism?

The government says it upholds protections for LGBT+ people, citing hate crime laws and a conversion practices ban, but activists argue these measures are insufficient.

Can the code be stopped?

A backbench motion to disapprove it has broad support but lacks a mechanism to force a vote. The code is expected to pass on July 9.