Government accused of ‘mimicking Trump’s America’ with new bathroom guidance for trans people

Politics
22 May 2026 • 10:43 PM MYT
The Independent
The Independent

The world’s most free-thinking newspaper

Government accused of ‘mimicking Trump’s America’ with new bathroom guidance for trans people

  • The Equalities and Human Rights Commission (EHRC) has published new guidance confirming that single-sex services must be based on biological sex, a move that has sparked concerns about the exclusion of trans people from public life.
  • This guidance follows a landmark Supreme Court ruling in April 2025 which clarified that the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex.
  • Charities and campaign groups, including the Trans+ Solidarity Alliance (TSA), have criticised the guidance, calling it a 'Section 28 moment' for the Labour government and comparing it to Trump’s America, arguing it will push trans people out of public life.
  • The EHRC's code covers various scenarios, stating that trans people should compete in sport according to their birth sex and that hospital wards can lawfully exclude trans patients if single-sex, though it also notes it would be 'very unlikely' to be proportionate to prevent a trans person from using any service.
  • While the government and groups like For Women Scotland have welcomed the guidance as a pragmatic approach to upholding women's rights, critics anticipate legal challenges and argue it treats trans people as a 'third sex', prolonging a 'hellish limbo' for the community.

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