High Court rules on lawfulness of the EHRC’s interim guidance

[Jessica_Rose ✅]

High Court rules on lawfulness of the EHRC's interim guidance

https://goodlawproject.org/update/high-court-rules-on-lawfulness-of-the-ehrcs-interim-guidance/?fbclid=IwY2xjawP7-ZJleHRuA2FlbQIxMQBzcnRjBmFwcF9pZBAyMjIwMzkxNzg4MjAwODkyAAEeDX8bENfZNCfnM0FLHAdvXfamVVX4tvCjk7Hn1ihDx7g4y3rigyHvwjgkgSE_aem_MHhYZpcfEYJ4RTBT2Wa89Q 🔗

Case Update (13 Feb 2026)

Since the decision of the Supreme Court in April last year, many politicians and organisations have claimed that the law now requires trans people to be excluded from gendered spaces and services. They have claimed that if, for example, a trans woman is allowed to use the women's toilet, then cis men must be allowed also. If press reporting is accurate, this is also the interpretation of the law that has been adopted by the EHRC in its draft Code of Practice – now awaiting approval or rejection by the Minister for Women and Equalities.

The High Court has now said that this interpretation of the law is wrong. Service providers may lawfully allow trans women to use women's facilities without being forced to open them to cis men. And such facilities may simply be labelled for 'men' and 'women'. The court has also made clear that it will likely be discriminatory to force trans people to use facilities based on their sex recorded at birth. In short, the law does not require a bathroom ban.

The court suggested that requiring trans people to use third spaces will 'rarely' be unlawful discrimination. We think this is wrong.

It ignores the very real risk of 'outing' trans people, who will struggle to explain why they have suddenly started using the gender neutral toilet on the ground floor, rather than the women's toilet outside their office door, which they have been using for years. It is humiliating. It is harmful. In practice, it means treating trans people as a third sex – which we think is incompatible with the European Convention on Human Rights.

[Charlotte Kitty ✅]

Good law project vs EHRC

I'm posting a video link which briefly covers the Good law projects challenge of the EHRC in the UK. This relates to the bathroom ban whereby guidance says trans people should use single sex spaces according to their birth sex not acquired gender.

The Good law project has been determined by the judge to have lost the case and is liable for legal costs. However it's suggested outside of workplaces the challenge has been more successful.

I'm sure we'll see more information surface given time.

View this post on Instagram

🔗 [Link: instagram.com/reel/DUsg0eEDR8z/]

[Lori Dee ✅]

@Charlotte_Ringwood

Thank you!

[MaryT]

I'm more confused than ever.  I think I'll just wander around in the emperor's new clothes and hope for the best.




When it gets warmer, of course.