Activism and Politics => Politics => Topic started by: kira21 ♡♡♡ on May 22, 2025, 06:14:25 AM Return to Full Version
Title: UK News: People could be asked to prove biological sex under new EHRC code
Post by: kira21 ♡♡♡ on May 22, 2025, 06:14:25 AM
Post by: kira21 ♡♡♡ on May 22, 2025, 06:14:25 AM
https://www.bbc.co.uk/news/articles/c9wgg1kj97zo.amp?amp_js_v=0.1&_gsa=1#webview=1
The article significantly understates the guidance though. Any provider of sex-segregated services (a pub with M and F loos for example) could demand to see 'proof' of your 'biological sex'. Indeed it would seem in most cases that they are obliged to police the biological sex of their service users.
Under the UK draft guidance about to come in, this one addition alone seems to allow for genital checks whilst allowing for people to be banned from facilities on the basis of the service staff believing that they are lying about not being trans.
Certainly the new guidance not only allows for people to be confronted, it recommends it in its good practice example...
Some may point out that the guidance says "any necessary request about birth sex should be made sensitively", though, given that it does not explicitly ban genital checks, whilst requiring a service to check peoples 'biological sex' and in the same section also states "a birth certificate may not be a definitive indication of birth sex", it seems reasonable to fear that some may interpret this as allowing for genital checks. Indeed the only indication it gives of how to do this are not to "ask about their birth sex in a way which may require them to disclose this information in public, or if the language or manner of a request is rude, combative or offensive". which does not seem to preclude a polite request to "come and show me your biological sex please". The guidance is vague and needs to unequivocally state that this is not allowed otherwise people will do it.
At best it allows people to be confronted about their birth sex and excluded based on the belief of the service provider that the person is trans.
Quote"Sports clubs and hospitals could ask for a person's birth certificate if there is "genuine concern" about their biological sex under an updated Equality and Human Rights Commission (EHRC) code of practice.
The regulator published updates to the code on Tuesday in light of a Supreme Court ruling that a woman is defined by biological sex under equalities law.
"
The article significantly understates the guidance though. Any provider of sex-segregated services (a pub with M and F loos for example) could demand to see 'proof' of your 'biological sex'. Indeed it would seem in most cases that they are obliged to police the biological sex of their service users.
Under the UK draft guidance about to come in, this one addition alone seems to allow for genital checks whilst allowing for people to be banned from facilities on the basis of the service staff believing that they are lying about not being trans.
Quote2.2.6 If it is necessary to ask a person's birth sex, consideration should be given to whether it is reasonable and necessary to ask for evidence of birth sex. In many cases, it will be sufficient to simply ask an individual to confirm their birth sex. A service provider may make a rule that if someone is asked their birth sex and chooses to answer objectively falsely it will be grounds for exclusion from the service.https://www.equalityhumanrights.com/equality/equality-act-2010/codes-practice/code-practice-consultation-2025-changes-chapter-2
Certainly the new guidance not only allows for people to be confronted, it recommends it in its good practice example...
QuoteExamplehttps://www.equalityhumanrights.com/equality/equality-act-2010/codes-practice/code-practice-consultation-2025-changes-chapter-2
2.2.7 A trans woman goes to the office of a local support group and makes enquiries with the receptionist about the group counselling sessions they offer. Based on the needs of its service users, the group provides different sessions that are single-sex or mixed-sex. The receptionist reasonably thinks that the trans woman is a biological male and, as there are some other people waiting in the office, asks her to come into a side room to get more details about the support she is looking for. When they are in private, the receptionist explains the different group sessions that are offered and asks the trans woman what her birth sex is. When she confirms her birth sex, the receptionist provides her with the details of the mixed-sex groups she could attend.
Some may point out that the guidance says "any necessary request about birth sex should be made sensitively", though, given that it does not explicitly ban genital checks, whilst requiring a service to check peoples 'biological sex' and in the same section also states "a birth certificate may not be a definitive indication of birth sex", it seems reasonable to fear that some may interpret this as allowing for genital checks. Indeed the only indication it gives of how to do this are not to "ask about their birth sex in a way which may require them to disclose this information in public, or if the language or manner of a request is rude, combative or offensive". which does not seem to preclude a polite request to "come and show me your biological sex please". The guidance is vague and needs to unequivocally state that this is not allowed otherwise people will do it.
At best it allows people to be confronted about their birth sex and excluded based on the belief of the service provider that the person is trans.