Trans rights
Trans rights
I am a transgender woman. My pronouns are she/her. I have known I was a woman since I primary school, although as a child growing up in the era of Section 28, I did not know the language to describe what I was until much later on. By that point, I tried to cope with my dysphoria and distress by hiding and fighting things, hoping it would go away. As any trans person knows, this did not work. Things came to a crisis point during Covid and I eventually came out in 2021.
I am a passionate advocate for LGBTQ+ representation in STEM and mathematics in particular. In recent months, however, I have focused my attention on the broader movement for transgender rights. I am a member of the QED in Mathematics , which you can learn more about here. Through the QED network, we organized a workshop at Loughborough University on Wednesday 2nd July 2025.
If you are trans, non-binary or gender-questioning, and would like to have an informal chat about any issues , please drop me a message at mads.r.moore@gmail.com. I am happy to offer advice, support or an ear, or help in any way I can.
Being trans in the UK in 2025
It may have come to your attention that there is a small but powerful lobby in the UK seeking to erode the rights and freedoms of transgender, non-binary and intersex people in the UK. This lobby is backed by a large swathe of the media, powerful allies in Government and the judiciary. These bad actors have been slowly attacking aspects such as transgender healthcare (e.g. the Cass Review, which has been widely debunked across the scientific community - see here, here and here, for example) and human rights (particularly under the guise of the questionable Supreme Court ruling on the Equality Act 2010).
One of the key successes of the anti-trans movement has been to couch their arguments as a "debate" where transgender people's identities are denied and cast as political ideologies. This is dehumanizing and clearly incorrect. Trans people exist and always will do.
On this page, I will occasionally post thoughts and comments about the current climate for transgender people in the UK. I will also publish several letters I have written about topics to MPs and Parliament, which you are welcome to borrow should you wish to write yourself.
1. Updated legal definition of sex
Strongly disagree
The decision in FWS was that for the EA10, legal sex was 'sex at birth', not 'sex recorded at birth', so the wording should be changed to make this clear. FWS has not defined what 'sex at birth' means, so it would be good to provide a definition and the reasoning why.
This section should also explicitly say what legal sex is for intersex people.
2. 2.1: New content on Gender Recognition Certificates
Strongly disagree
In 2.1.7: The term 'biological sex' is unclear and has been repudiated widely by the scientific community. By many metrics - e.g. hormonal, primary / secondary sex characteristics - transgender people are indistinguishable biologically from cisgender people of the same sex. You need to specifically state what you mean.
In 2.1.9: It should read 'acquired sex' to be consistent with 'sex at birth' etc. There is no reason to have used 'gender' here.
3. Change 2.2: New content on asking about sex at birth
Strongly disagree
This section is generally very unclear. There is no adequate description as to how anyone can be asked for their birth sex at a service provider without intruding on their privacy and violating the Human Rights Act (1998) and Article 8 of the ECHR.
Example 2.2.7 is extremely unclear, very poorly chosen and also written in a derogatory manner. It should be changed in multiple ways.
The example should begin 'A woman goes into the office...' as otherwise the example seems to indicate that the receptionist has some magic radar for telling who is trans and who is not. The example should also be reworded to 'The receptionist reasonably thinks that the woman is trans' as the use of 'biological male' is regarded as a slur to trans women.
Further, Example 2.2.7 fails to indicate how the receptionist and the service provide can avoid claims of discrimination by not applying the same approach to all potential service users. Singling out an individual is discriminatory.
Example 2.2.7 also fails to indicate that the receptionist may glean protected information about whether the woman has a GRC, which could potentially place her and the service provider at risk of criminal liability under the GRA 2004. It is further unclear how, if the receptionist subsequently decides to exclude someone with a GRC, how she can avoid revealing this information to other bystanders by turning the woman away.
Further, Example 2.2.7 fails to indicate what possible legal reason it could have for excluding trans women from a women's counselling session. It would need to prove this was a proportionate means of achieving a legitimate aim, which would be extremely unlikely in this example.
2.2.8 is extremely unclear. What is a 'genuine concern', who gets to decide what that is, and how does a service provider make sure they treat all potential users equally? A birth certificate is unsuitable in this situation as it is not a form of ID, and certainly not something most people have ready access to. What happens if the user was born outside the UK and their birth certificate does not have their sex assigned at birth on?
2.2.8 also fails to indicate how a cisgender person, who is perceived to be trans (perhaps she is tall or likes to wear male clothes) prove they are cisgender? The Code notes that there is no form of ID that can be produced to guarantee someone's sex assigned at both, so how can this be applied in any feasible way? Does the Code dictate service providers need to perform a genital check for every user of any service? If so, the code should clearly say this.
2.2.8 needs to be clearer about what 'further enquiries' might be, how they might be useful and how any service provider could tell whether someone was telling the truth or not. It is essentially not possible to determine whether someone is cis or trans without them revealing it to you. It is also clear that repeated intrusive questioning into someone's sex assigned at birth or current lived sex is an intrusion into their Article 8 Right to Privacy - widely affirmed by multiple ECtHR rulings and this applicable under the HRA 1998 and under CJEU rulings and so applicable to the UK for GDPR rules, so this rather begs the question how this section can ever work in practice.
2.2.9 is reasonable, but there must also be a clear description that service providers who request this information - of all users - must have adequate data protection on their systems to deal with this large risk.
4. Change 2.3: New content on defining sex at birth
Strongly disagree
2.3.2 The term 'biological sex' is confusing and unclear. It is scientifically accepted that sex is nuanced and spectral rather than binary, so the term should be avoided for clarity. 'Sex assigned at birth' should be used exclusively.
2.3.4 This appears to be incorrect. Perception based discrimination could have a comparator who is of the same sex.
2.3.5 This is unclear. 'woman (or trans man)' should be used and 'she (or he)' should be used.
Change 2.4: Updated description of the protected characteristic of sexual orientation
Strongly disagree
This section is now entirely unclear. According to the changing of the definition of sex post-April, now everyone is classed as 'bisexual' since attraction to a person would also mean attraction to an identical trans person who is now, bafflingly of the opposite sex for the purposes of this Act. Attraction to a number of individuals of the other sex cannot be ignored simply on the basis of a purposive interpretation of the word sex in EA 2010. This is a major source of confusion in the Act and undermines Section 2.4.
As the Supreme Court so helpfully decided to 'clarify', people are not attracted to a piece of paper i.e. a birth certificate, they are attracted to appearance, style, personality etc. It was entirely inappropriate to attempt to define what a gay person or a lesbian is and, as a result, the Supreme Court has instead declared everyone bisexual.
Change 4.1: New example on sex discrimination by perception
Strongly disagree
In 4.1.1, the previous code had an example of discrimination due to perceived gender reassignment featuring a cisgender woman who is perceived as
trans. This should be reinstated, particularly as later parts of the proposed code encourage unlawful discrimination against anyone who 'looks a bit trans'.
Change 4.2: Removed reference to superseded caselaw
Strongly disagree
Trans women may breastfeed and therefore should have protections under pregnancy/maternity laws, so an example explaining this needs to be included.
Change 5.1: New example on sex discrimination - same disadvantage
Strongly disagree
The Example 5.1.3 as currently written can be misinterpreted that the trans woman feels unsafe because she is viewed as a man wearing women's clothes. The Example is meant to show that the discrimination is because she is perceived as a woman, so it should say as such.
Change 8.1: Updated example on harassment related to sex
Disagree
The word 'wrongly' should be removed from 8.1.6b, to be consistent with both 8.1.6a and 8.1.6c, which both involve wrong assumptions. This appears to have been deliberately worded to other transgender people. Language should be neutral.
Change 12.1: New example on women-only associations
Strongly disagree
This is an extremely poor example with several flaws.
First and foremost, it misleadingly suggests that the association would know that the applicant is trans rather than cis, which is prima facie not possible. Moreover, the association cannot in any reasonable or legal manner find out a person's trans or cis status. Even if it were possible, the association would need to carry out these checks for every single member and applicant, along with ensuring the necessary data protection securities. This is impractical, expensive and, perhaps worst of all, immoral.
Second, an association is allowed to restrict membership to women and trans women. It would not be either direct or indirect sex discrimination. For the former, individuals of both legal sexes are admitted, so this is not possible. To the second, these claims can be defended on the grounds that it is a proportionate means of a legitimate aim. This will be the case in nearly all circumstances. An example of this should be included, for example the women's walking club that admits trans women and women that your illustrious Chair fumbled her answers on in the Select Committee on June 11th.
Third, an example needs to be included where a trans man is refused membership after trying to join a women’s association. Despite stating he is transgender, he is still refused membership of the association as the association does not want any men, including trans men. This is direct gender reassignment discrimination and this is an important example that may readily arise.
In 12.1.8, an example needs to be given that explains that single sex associations that attempt to discriminate membership further on the bases of same-sex attraction are not legal under the Equality Act. This is vital as there is discourse nationally that 'lesbian only' associations are legal under the Equality Act, which is of course not true, as only single-sex characteristic associations are allowed.
Change 13.1: Updated section on competitive sport
Strongly disagree
13.1.13 is an unclear, confusing and bigoted example. Many trans men take testosterone as part of their transition, so are unlikely to be at any disadvantage compared to cisgender men. If the Example is to be kept, it must be made clear that the trans man is not taking testosterone.
13.1.14 is by its very nature unclear - it states so in the Code! Why introduce something that is legally uncertain and has no basis in existing case law. 13.1.14 should be removed.
13.1.15-13.1.16 are unclear and misleading. There is no reason why a mixed sex activity is not protected by s. 195(1). Further, it is incorrect to state that a claim of direct sex discrimination could be brought against trans inclusive competitions as the discrimination in said competition is not on the basis of legal sex. Moreover, as is clear in the Act, any indirect discrimination can be justified if it is a proportional means of meeting a legitimate aim. It is misleading to suggest that claims of indirect/direct sex discrimination cannot be bought against sport that is bio-segregated, without also saying the same about trans inclusive sport. Given the EHRC's mandate to state from a place of equality and inclusion it is entirely remiss to have done this.
Example 13.1.17 is another extremely poor one. First, the language is unclear, misleading and transphobic - 'women and trans women' is used to imply that trans women are not women, when they are. A better, clearer description would be 'cis and trans women'.
Sports that are trans inclusive have strict rules on eligibility, usually based on hormone levels. A trans woman is extremely unlikely to have a significant advantage in this situation and it would be very difficult to show this is because she is trans. This is supported by a wide variety of existing science.
Example 13.1.17 also needs to make it clear that sports that exclude trans women where there is no competitive advantage, such as chess or shooting, are committing indirect discrimination on the basis of gender reassignment.
Finally, again, there is much national narrative about non-competitive sporting events (e.g. Parkrun). These do not fall under the scope of s.13, so an Example making this clear is needed.
Change 13.2: Updated section on separate and single-sex services for men and women
Strongly disagree
Example 13.2.6 is completely unclear. It purports to describe a situation where separate sex services may be applicable, but in actuality highlights why such services will rarely in practice be legally possible.
The Example indicates that separate sex groups have been set up for domestic violence support. As described, transgender people would not be able to attend the group of their lived sex due to the fact that equalities law is now broken. It would also be completely inappropriate - and a violation of their human rights under the HRA 1998 - for a transgender person to attend a domestic violence support service for the opposite sex. This leaves transgender people with no service, which is unacceptable. Hence, the provision of single sex services is not proportionate and such services could not be lawfully operated under sched 3. para. 26 without adequate provision for trans people. The example should be rewritten on the basis that the support groups are trans inclusive and not operating on the basis of sched. 3 para. 26.
Example 13.2.8 is completely incorrect. A trans woman could very much need access to mastectomy counselling services - trans women have a substantially higher risk of breast cancer than cis men (around 46 times higher). Having a mastectomy is just as impactful to a trans woman as a cis woman and so such services would need to be trans inclusive. As above, any attempts to run a service under s.3(26) would not meet the proportionate criteria.
It is not at all clear how Example 13.2.13 could meet the requirements for a single sex service. It is extremely unlikely it would be a proportionate means to achieve a legitimate aim to exclude trans women from such a class.
Again, it is unclear how 13.2.15 could be justified. If cisgender men, or trans men/women need access to such a service, only providing a single sex service to women would be unjustified and discriminatory.
Example 13.2.17 is unlawful. The example is currently unclearly written and should refer to cisgender women, not women as a s.3(27)27 service is a bio-segregated service. The example appears to suggest that trans women are a threat to cisgender women’s privacy, safety and dignity, which is a transphobic and unevidenced trope. Trans women have been using women's hospital wards for decades without incident or issue. Indeed, it would be completely inappropriate for trans women to be housed elsewhere. The example shows a complete ignorance of what trans women need, what their bodies, hormones and sex *are* and need. Their needs are identical to cisgender women, so any single sex ward would be discriminatory. Further, the risk posed to trying to house them in a ward for cis and trans men would be great and would violate their privacy rights.
Beyond the biological ignorance and moral disgrace displayed by the Example, there is the further question of practicality and cost. There is neither the money, time nor space to create further wards within the NHS. Moreover, given the current strains on the NH, thousands of cisgender men are placed in so-called women’s wards due space pressures.
As a result of all this, excluding all trans women from a women’s ward cannot meet the proportionality requirements and the s. 3(27) exception cannot be used. The example should be rewritten to clearly explain that a bio-segregated hospital ward is unlawful and instead a trans inclusive women’s ward should be operated instead.
Example 13.2.19 is unclear and incorrect in law. Existing case law including Croft v Royal Mail and Chief Constable of West Yorkshire Police v A have ruled that trans women have the right to use both toilets and access to facilities where the communal areas were used as changing facilities. This case law still stands unchanged after the SC ruling.
Example 13.2.21 is unclear and likely to be discriminatory. Refusing to provide intimate personal care to any trans woman is not a proportionate means of achieving a legitimate aim. Trans women will feel unsafe receiving intimate personal care from a man in a domestic environment in exactly the same way as a cisgender woman. Hence, in this Example would be left without any personal care at all. This would be discrimination.
This whole section is poorly written and provides multiple unclear and incorrect examples. Services running under paragraphs 26 and 27 are always bio-segregated and thus must have a blanket ban against trans people from using the services. This will nearly always be disproportionate (or indeed, unlawful), as I have pointed out specifically above , so lawful situations where paragraphs 26 and 27 apply will be very rare. None of changing
rooms, hospital wards, toilets or gyms are such examples.
As a result, this section should be rewritten to explain why in nearly all cases bio-segregated services are unlawful.
It is abundantly clear that the EHRC has an agenda and a wish to impose segregation of transgender people as much as it can before the damage of the incorrect Supreme Court ruling is reversed. This is a dereliction of their basic duty. The EHRC should be starting from a position of equality and indicating the very few exceptions to when this applies. It would be beneficial for the EHRC to take advice from lawyers who aren't in the pay of known hate groups, so as to gain an actual understanding of relevant existing case law and, indeed, the Equality Act.
Change 13.3: New section on justification for separate and single-sex services
Strongly disagree
13.3.4 is currently unclear. This paragraph needs to be rewritten to distinguish between excluding cisgender men and transgender women from a single-sex service for women. The points stated would justify operating the service on a trans-inclusive, women-only trans inclusive basis but not bio-segregation. As noted in the response to 13.2, existing and active case law (Chief Constable of West Yorkshire Police v A, Croft v Royal Mail) have indicated that a state of undress is not a sufficient reason to exclude trans people. This case law has not been overwritten since April.
13.3.8 raises the important point that a service provider needs to consider whether running a bio-segregated service, which by its nature is discriminatory and may exclude trans people, is a proportionate means of achieving a legitimate aim. In nearly all day-to-day cases, this will not be possible (e.g. for changing rooms/showers, toilets, showers, hospital wards, gym classes) and in some cases will not only not be proportionate, but will fall afoul of existing case law - as the EHRC has itself done already multiple times above and ahead. Therefore these cannot be run on a bio-segregated basis, and thus separate trans-inclusive services for men and women are the only possible and practical option. The code should clearly state this.
13.3.10 is not correct, for the reasons outlined above. It would further be unreasonable (and probably unlawful) to try to impose upon service providers to expend resources (time, money and space) on expanding already perfectly functioning services.
Examples 13.3.11 and 13.3.12 are not lawful. Croft v Royal Mail applies and it would not be lawful to exclude trans people from services of their lived sex.
Example 13.3.13 is unlawful too. Trans women are just as likely to feel uncomfortable in a mixed class as cis women. It is not proportionate here to exclude all trans women, given that classes for both cis and trans women could be arranged. The availability of an alternative option does not make it proportionate, reasonable or lawful to force trans people to use it. Again, see Croft for existing case law on this.
13.3.6 and 13.3.17 are disturbingly racist in their assumptions about Muslim and Jewish people. A vast majority of Muslim and Jewish people are supportive and inclusive of all the LGBTQ+ community, while these examples imply the opposite. I think they should be rewritten to avoid such racist overtones.
13.3.19 is not fully clear and contains some errors. The first part is correct in law, as a trans inclusive service does not fall under the realm of paragraphs 26 and 27. However, as we have seen, it is very rare that these paragraphs can ever lawfully apply in a proportionate manner.
The paragraph is then written in an extremely insidious way, attempting to scaremonger in order to encourage service providers to break
the law and bio-segregate even if the service provider does not wish to. If a provider offers a trans-inclusive service, then the only claim that cisgender men would have would be for indirect sex discrimination. This claim can be defended using the same arguments that would be used were the service to be operated on the basis of bio-segregation. It should also be noted that if a service is lawfully operated as a bio-segregated, it is the exclusion of trans women not cis men that would be disproportionate.
There is no case law that states that operating a service inclusive to trans women would constitute unlawful sex discrimination against women - such arguments were rejected in FDJ, R v Secretary of State. Further, there is no case law that states that operating a trans women inclusive service will result in harassment of cisgender women on the basis of their sex. There is also no evidence or reason to think this would be the case either.
As noted previously, the use of the phrases 'women and trans women' and 'men and trans men' are unclear, inappropriate and offensive. If a distinction is needed, 'cis and trans' should be used.
Change 13.4: New content on policies and exceptions for separate and single-sex services
Strongly disagree
Example 13.4.3 is both unclear and wrong. In fact it is laughably bad. The SC justices did not make an exception for trans people who have completely transitioned and have biological bodies of their lived sex. Indeed, throughout the ruling the offensive term “biological male” is used to describe trans women. This descriptor is not age-limited and includes cisgender boys. Hence, as a result, the service cannot lawfully be operated on as single-sex using paragraphs 26 and 27. The only way this service can be offered is on a mixed-sex basis whereby, for example, cisgender women, transgender women and boys under the age of 10 are able to use the women’s changing room.
I note that I have used the age of 10 to coincide with the current unlawful example, but I have no idea where the author got this number from and indeed, the implied fanciful notion that cisgender boys become a threat at the age of 10 years and 1 day.
Finally, I would note that the implication that trans women are a threat to cis women is offensive and unevidenced. It should be removed.
Change 13.5: Updated section on separate or single-sex services in relation to gender reassignment
Strongly disagree
13.5.2 is correct and it is further evidence of why 13.5.2 separate sex services under paragraphs 26 and 27 are very unlikely to be lawful except in very specific situations. These situations have failed to be found by the current draft Code.
13.5.3 is unclear and incorrect. As noted previously, it is not unlawful to allow trans people to access services for their lived sex. This case law still holds after April.
13.5.7 highlights the errors in this draft Code. If a service provider can only - for reasons of space or cost - provide male and female toilets, they would fall afoul of putting trans people in a position where they have no facilities they can use if the current Code was taken as granted. This is why these services would not meet the proportionate requirement here, or indeed, such attempts to segregate would breach case law such as Croft.
Example 13.5.11 is incorrect and unclear. A trans woman who has had sex reassignment surgery will sometimes have need to access an Obstetrics and Gynaecology department. The hospital could not deny them access. This example shows an ignorance of trans people's bodies and highlights the need to actually engage with communities before trying to write law about them.
The final Example 13.5.12 highlights a conundrum for many businesses but fails to give a solution to the problem under this ridiculous draft Code. What are the options for the gym in the example. Do they allow a trans man, who looks identical to a cis man, to use the women’s changing room? Or do they ban the trans man from using the gym at all? Neither of these are suitable options. But not all gyms will be able offer other options for space or cost reasons. The Code needs to explain what service providers need to do. It fails at this currently, largely because the law is now unworkable.
Change 13.6: Updated content on communal accommodation
Strongly disagree
The issues in providing separate sex services that can lawfully fall under paragraphs 26 and 27 also pertain here to accommodation under schedule 23 paragraph 3. The draft Code is unclear, often unlawful and impractical. It should be withdrawn and redrafted.
Any other feedback
This draft Code is, frankly, not fit for purpose. The same could be said of the EHRC - or specifically, the current leadership. The job of the EHRC is to promote and advocate for equality and human rights. This Code represents an attempt at segregation and a breach of the same human rights.
This all stems from the fact that the Supreme Court ruling was incorrect. We should not lose sight of this in assessing the Code. The Supreme Court failed to read the extensive notes from Hansard and the drafts for the Equality Act which indicate clearly that 'sex' is trans-inclusive in the Act. Only the justices will know their reasons for ignoring this and further, for banning any voices from transgender people from the hearing. However, it is now clear that the judgment was completely wrong and has, as a result, derailed the whole of our equalities law. it is one of the primary reasons there are so many issues with the draft Code.
However, a further issue is, even in the context of the SC ruling as it is, the EHRC have completely misrepresented the ruling to advance an agenda of trans-segregation that has been the goal of multiple parties in the institution for a number of years. It is a national disgrace that such people are running our equalities commission, and I expect in years to come there will be repercussions once the mess is sorted in Parliament or Strasbourg. In their haste to pursue this agenda, the EHRC have completely over-ridden case law that I have highlighted time and again in my responses (Croft, Chief Constable of West Yorkshire Police, FDJ). This case law severely restricts situations where it is possible to have single sex services. It is particularly relevant for most every day services such as toilets and hospital wards, which can never meet the proportionate threshold. The Code should be making this clear. It is the job of the EHRC to make sure that its advice does not lead providers to breach this case law.
The EHRC further goes down a rabbit hole of trying to describe how it might be possible to ask or check someone's birth sex. It is absolutely clear that it is not possible. Passports, driving licenses, birth certificates can all be changed. Trans people most often look identical to cis people of the lived gender. There are strict privacy laws for all people that service providers may risk being breached, with criminal implications around some parts such as GRCs.
This Code is a mess. The EHRC should be turning to Parliament and asking it to legislate to fix the issue created by the erroneous Supreme Court ruling. Equalities law needs to be reset to April 15th, where it was functioning as intended. The current situation will create a period of misery for all people, especially trans people and gender non-conforming cis people, and create a legal minefield for all service providers. It was the EHRC's job to prevent this situation and it has instead promoted it. Shame on you.
Dear Women & Equalities Committee,
I am writing to you regarding the new RSE and Health Education Guidance that was published this week by the Department for Education and the correspondence that you have received from the Secretary of State for Education/Minister for Women & Equalities to support it.
In short, I am rather alarmed by the tone of the guidance, which, rather than educating children on the diversity of people of different sexualities and gender identities in modern UK society, seems instead to reintroduce the language of the infamous Section 28 of the Local Government Act 1988 introduced under the Thatcher government, with the focus in the new Guidance being transgender people. As you know, that awful piece of legislation caused untold damage to generations of LGBTQ+ youth in the 15 years before it was repealed and is a stain on our recent history. It is appalling that this Government is attempting to reintroduce this in our schools.
I speak as a woman who is transgender. I, like all in the community, am fully cognizant of the harmful, toxic state of discourse surrounding transgender people in the UK. It has been aided and fuelled by the media, the judiciary and Government. A common theme has been for hostile parties to characterize this is a debate, with one side being ‘gender ideology’, which is a demeaning phrase used to disparage transgender people, and the other being ‘gender critical’, which is a polite phrase to disguise transphobia. This is dehumanizing and demeaning. It seeks to cast transgender people as a topic for debate, rather than a group of people in charge of their own identity and bodily autonomy.
Too often in the current climate, we are giving credence to people’s “belief” that transgender people are a fiction or simply lying or mental ill, ahead of people’s actual lived experience. It is a denial of existence. Transgender people should be protected under law, and yet we are constantly being weighed off against people who deny our very being. There is no equivalent group who are constantly having to deal with this narrative. Society, rightly, no longer allows a discussion about whether gay or lesbian people exist in education or polite discussion. Nor do we, rightly, invite the British National Party as a point of perspective when teaching about racism in the classroom. Why is this approached relaxed when it comes to transgender people? Is “gender reassignment” a lesser protected characteristic in the UK? Am I a second-class citizen?
The RSE and Health Education Guidance is disturbing in that it platforms this debate, rather than teaching about transgender people. The language has been changed to remove mention of the word “transgender”, which is a very visible sign of erasure.
The Guidance stresses the importance of learning about the “facts” of “biological sex”, although this is a scientifically complex area[1], far beyond the simplistic binary discussed by the media, judiciary and prominent “gender critical” voices.
If we are discussing facts, are students to be taught the facts that the UK is currently on a Red Flag Watch for Genocide issued by the Lemkin Institute for its treatment of transgender, intersex and non-binary people[2]? Or the fact that the same treatment has been “deplored” by the European Commissioner for Human Rights[3] and the UN[4]? Are children to be taught that some people are less worthy of respect and rights than others? Or have we returned to a society where bigots can dictate who others are and how much they are allowed to live in society?
This Government has already cruelly fully withdrawn healthcare for transgender youth. Now it issues guidance that says young people must not be “encouraged to question their gender identity”, whatever that means, and that transitioning may not be an easy route to solving the distress of gender dysphoria. The last is at least partly true. But that is because of the continued effort of the Government, media, NHS and judiciary to make transition harder and make transgender people pariahs in the UK.
I ask you, please, to reflect on these concerns and consider addressing them in your response to the Secretary of State. Transgender people deserve better than this.
Kind regards,
Yours sincerely,
Dr Madeleine Moore
[1] https://www.scientificamerican.com/article/sex-redefined-the-idea-of-2-sexes-is-overly-simplistic1/
Dear [redacted],
I hope you are well. I am writing to you in your capacity as Chair of the Women & Equalities Committee. I confess I am not sure if this is a breach of etiquette, I know that generally contacting my own MP would be the standard, but I am not sure if this extends to Committees. Apologies if it is a breach, I shall also contact my MP [redacted] directly in any case.
I am writing having watched with interest the appearance of Baroness Falkner and John Kirkpatrick of the EHRC in front of the WEC yesterday (11th June).
I am a trans woman, so have, unfortunately, found myself greatly impacted and concerned by recent events. I found the Supreme Court ruling itself troubling, as it seemed at odds with what I understood the purposes of the GRA 2004 and the EA 2010 to be.
However, given the ruling’s somewhat narrow remit, I have been even more alarmed by the subsequent actions of the EHRC, including its hasty publication of ‘interim guidance’ (25th April) that seemed to go far beyond the bounds of the ruling and indeed beyond a ‘proportionate means of achieving a legitimate aim’, advocating for the forced outing, exclusion and segregation of transgender people from all walks of professional and public life. The subsequent suggested Code of Conduct published for consultation has only reaffirmed the EHRC stance that exclusion and segregation should be the norm henceforth.
To that end, I was encouraged by the WEC’s questions yesterday. I thought there were many insightful and important issues raised, although I confess I was not sure that the EHRC provided adequate responses. It struck me as rather incongruous that the EHRC were reticent to say why they had decided to go so far beyond the ruling. Their evasion of a coherent response to the innocent question of whether a women’s only walking club who want to be inclusive of trans women was allowed under the proposed Code was concerning. I struggle to see how we should have statutory guidance that makes this impossible.
I do not wish to sound absolutist here, I strongly believe there should be caveats and exemptions possible to inclusion, decided on a case-by-case basis for e.g. refuges or where prisoners are housed. But these exemptions were already possible prior to the ruling, and I believe that this should not have changed substantially post-April. I do not think the likes of walking groups, book clubs or, indeed, toilets and changing rooms should fall into these categories, and I am worried about a society that starts to segregate these everyday services or activities.
I was further concerned by the EHRC’s answers surrounding questions of enforcing their segregationist policies, which appeared to suggest that it would be impossible and rely on ‘social honesty’ or convention. When pressed by yourself, they admitted that it was essentially impossible to know if someone was trans when asking and that no documentation could be relied upon as support in any such situation. Not that I believe the latter should exist: that is a slippery slope a democracy should avoid.
This appears on the face of it to be troubling. It places service providers in an impossible position in regard to legal requirements that are forbidding and impossible to police, leaving them at risk of litigation. It places transgender people – and, indeed, all gender non-conforming people – in the awful position of having to choose between outing themselves, placing themselves at genuine risk or at risk of abuse and harassment for using the correct facilities for their sex. I am quite far through with my medical transition and certainly would feel unsafe using a men’s toilet. It also seems to advocate for the general public to self-police facilities, leaving the door open for more abuse, particularly for bad-faith actors. These all seem undesirable.
But perhaps the most alarming response from yesterday was the suggestion of Baroness Falkner that transgender people lose their ECHR Article 8 right to privacy when it comes to gender policing services. There are many things I find alarming about that statement. First, following from the above comments that it is not possible to tell who is transgender, Baroness Falkner failed to note that it would be all people losing their privacy rights when it comes to being questioned about their sex. Second, I do not think it is the place of the EHRC to decide when and to whom they can disapply elements of the ECHR – there is only one condition for Article 8 to apply, and that is if you are human. Third, I fail to see how asking intrusive questions about sex, asking for birth certificates or asking questions about GRCs – a very thorny issue under the GRA 2004, which strongly embeds the principle of privacy – can ever not be a violation of privacy rights.
The EHRC completely failed to allay any of these concerns. I am aghast that the Chair of our equality and human rights body believes that one can pick and choose human rights in such a manner as to promote their exclusionary recommendations.
The present situation appears to place the UK back to where it was before Goodwin v UK 2002. The European Court of Human Rights noted then that the UK was in violation of the Article 8 rights of transgender people and that facilitated the GRA 2004. Indeed, these privacy rights were fundamentally built in to protections for transgender people when the EA 2010 was drafted, as the meeting minutes, Hansard minutes and testimonies of people involved support. It is why I was surprised at the Supreme Court ruling itself, as it seemed in direct contrast to this evidence and appears to place the UK in breach of Goodwin v UK 2002 again. This was recently noted by multiple human rights commissioners at the UN1.
I am not a lawyer – only in so much as any transgender person has to be fairly well-versed in the law when the risk of everyday conflict and abuse in such a toxic climate is so high – so perhaps there are nuances that allow the Supreme Court ruling to stand while maintaining the privacy and rights of transgender people. However, I struggle to see what those might be and, indeed, the EHRC ‘interim guidance’, proposed code and general attitude seem to suggest that even if they did exist, such nuances would be ignored.
To that end, I was encouraged to hear suggestions by members of the WEC that legislation may be needed to fix this mess. I increasingly believe this is the only way to restore the UK to its position pre-April, where the rights for all were respected, with exemptions possible and built in to the Equality Act.
I would ask you in your position as Chair of the WEC to pursue the unanswered questions from yesterday’s hearing further and to hold the EHRC to account in its obligations of equality and human rights for all. Further, if necessary, to suggest that Parliament seeks legislation to amend this situation that brings anything but ‘clarity’.
Thank you for taking the time to read my letter and for your work on this, and indeed all, issues.
Yours sincerely,
Dr Madeleine Moore
Dear Baroness Smith,
I trust you are well. My name is Madeleine Moore and I am writing to you in your position as Minister of State for Equalities. I am writing as a concerned woman who is also transgender.
It is safe to say that the last month has been one of severe turmoil for me personally, and for the transgender community more broadly. There is a fear and melancholy for the future that I haven’t felt in decades. As a transgender person, I have always been keenly aware of the risks of just being myself in public spaces, of the risk of being verbally or physically assaulted for being so visible. It is nearly impossible to not be visible as a trans woman. You are an easy target. Although, I was lucky: the brick aimed at me two years ago missed. It is rare that anything ever comes of such things. I am not saying this as a request for pity, just for context. The last month has opened the door to normalizing our abuse and othering. I am scared and I am not alone in that feeling.
You do not choose to be transgender, it is something that you are. It is a feeling deep within yourself that is challenging to explain to those who are not. I am a woman. I know that with every fibre of my being. It is perhaps hard to explain what it is like to have come through a daily struggle and distress where you are an alien in your own body. The crushing weight that every day is living a lie. It is hard not to break under that stress. The country is making it harder.
The last few years have been horrific. Waking up daily to countless stories in newspapers, on the radio and TV, primarily negative, casting transgender people as a threat to women and society, a ‘significant problem for a sane world’ as one of those associated with the Supreme Court case so thoughtfully put it. To be cast as an opportunist seeking to gain access to women’s spaces to be a voyeur or assailant. You do not need to be trans to commit such crimes. Why would you want to be transgender? It is a choice between breaking to the internal distress or a lifetime of being looked down upon and jeered by society.
I try not to be hyperbolic, but it is hard not to be. I am well aware that cisgender women suffer from many of the anxieties of going to certain places or running the risk/benefit judgment of certain activities. But transgender people are not that risk. We share those anxieties and those risks. Ours is the same fight. I do think there are discussions about balance that are right to have in certain situations, but the Equality Act 2010 already allowed for these discussions. Now the Supreme Court has undone over 15 years of case law and practice in one, ill-advised swoop.
As I am sure is now clear, the Supreme Court ruling has done anything but introduce clarity. Equalities law is now at odds with multiple other laws, including the Workplace Regulations Act 1992, Human Rights Act 1998 and Gender Recognition Act 2004. The Supreme Court inexplicably decided to not consider its human rights obligations in its judgment, and is now, rightly, facing challenges to its ruling. Perhaps even more scandalously, the Supreme Court decided to act on removing rights from a minority without even hearing from representatives of that minority, despite hearing from multiple single-issue anti-transgender organizations. How have we got to this place? Placing the judgment and its consequences aside, this cannot be a state of affairs that we should aspire to.
But my current reason for writing is in relation to the Equality & Human Rights Commission (EHRC), its ‘interim update’ and the upcoming consultation. It has been abundantly clear for several years that the EHRC has abandoned its position as a champion for all rights and taken up increasingly aggressive stances at removing the rights of transgender people. This has been aided by appointments both political and non-political who hold public, staunchly anti-transgender views and/or have ties to single-issue anti-transgender organizations such as LGB Alliance and Sex Matters, including the Commission Chair and Akua Reindorf KC. The EHRC has been agitating since 2022 to re-write the Equality Act 2010 so that ‘sex’ may be re-interpreted as ‘sex assigned at birth’, which is both trans-exclusionary; an erasure of intersex and non-binary people; and a gross simplification of the complexity of biology and human identity.
The Supreme Court has now given these bad faith actors the tool they have been seeking. It is abundantly clear given the speed with which the ‘interim guidance’ was released that the EHRC has been waiting for an opportunity to issue trans-exclusionary advice. This is despite the fact that they are meant to be a body that starts with equality as a baseline. As many have pointed out, the advice was ill-thought out and rushed. It contains numerous legal misconceptions and misrepresentations of the Supreme Court ruling. The ruling did not mandate blanket exclusions. The EHRC would have us believe that the Equality Act 2010 was, in actuality, a nationwide bathroom ban that has been in place for 15 years, just that nobody noticed. This is patently ridiculous. It is telling that there are at least three legal challenges to this ‘update’ and the harms it has caused, and it has been less than a month since it was released. The additional use of phrases like ‘sex-based rights’ and ‘group-based rights’, which are not terms that appear in the Equality Act 2010, shows that the EHRC are, in essence, drafting their own legislation to attack the rights of transgender people.
The EHRC should have taken more time to consider the implications and to consult before masquerading the whims of those who would exclude one of the most vulnerable sectors of our society as ‘guidance’ or ‘law’. This was plainly the intention of the announcement.
The initial suggestion that there would only be a 2-week consultation period was scandalous. What else are we to interpret from that other than that the outcome was a fait accompli? I welcome the extension to 6 weeks, although given the many complexities and legal difficulties, I think it would be more appropriate for a full 12-week consultation to take place.
Even in this concession, the EHRC make it clear that the consultation is to be about guidance that is already written and, in what I would argue the important characteristics, that remains unchanged from the maligned ‘interim update’. Indeed, Ms Reindorf has been actively promoting ‘legal’ advice based on the update before the consultation has even begun. Such guidance completely neglects to discuss ways in which service providers and workplaces can be inclusive of transgender people, rather focussing on the ways in which we must be segregated, humiliated and excluded. This is meant to be an equalities body. It is soul destroying. It is simply not the case that the Supreme Court mandated that transgender people must be excluded from single sex services, but that they might be, if it is proportionate. The EHRC advice completely misses this point and fails to note how inclusion of trans people in the facilities for their correct sex is allowed as a positive action.
The proposed guidance is full of transphobic and inflammatory language. As an example:
"13.5.6 ‘A legitimate aim for excluding a trans person from a separate or single-sex service for their own [sex assigned at birth] might be to prevent alarm or distress for other service users’ …"
It is hard to imagine another protected characteristic being able to be discriminated against as it causes ‘alarm and distress’. How far away are we from this being extended to gay people who make homophobic men uncomfortable in changing rooms or an ethnic minority being banned for making racists uncomfortable? It sounds almost ridiculous to suggest. So why is this language appropriate when talking about us?
It is likely that this guidance is (at least) partly illegal. The EHRC seem oblivious to this. But I think it is most telling to consider the case where the advice is legal. How could anyone argue that our equalities law is anything but unfit for purpose if it has reached a point where segregation is mandated? How is it proportional to request that service providers can ask about birth sex, or worse, for proof thereof? How does it functionally matter what your birth sex is, when you have undergone years of hormone therapy and surgery – for those of us who are fortunate enough to have actually accessed some kind of healthcare. A whole separate scandal. A transitioned transgender person is biologically identical to our acquired sex, aside from perhaps a DNA test. How have we reached the point in UK society in 2025 where we are striving for ways to try and discern transgender people at every opportunity just to exclude them?
I would like you in your position as Minister for Equalities to consider how we can fix the mess we are currently in. So far, I - and I know LGBT people more broadly - feel let down by Labour, who have dithered on this issue and allowed the backsliding of rights by inaction and neglect. We have plummeted to 22nd in the most recent ILGA Rainbow Map of Europe, something we proudly topped as a nation just 10 years ago.
Part of this decline has been driven by the toxic culture wars and debate instigated, and indeed, continued by the previous Government and now aped by Reform, aspiring to bring Trump-style politics across the Atlantic. Transgender people are such a small percentage of the population, people who just want to go about their lives, accepted for who they are.
Transgender people are people. Discussions about situations where competing rights are in play can be had, and indeed they were so with the exceptions possible under the previous interpretation of the Equality Act 2010. But now we see a movement for a mass removal of rights and an othering of a whole group of our society. This has not been in response to a recent upsurge in transgender people requesting more and more rights: it has been the culmination of a coordinated campaign that explicitly seeks our erasure.
I would like to say we are not going anywhere, but that is not entirely true. I know many who have decided to start plans to leave or seek asylum elsewhere. What a dire state of affairs for the UK in the 21st Century.
Perhaps I should close with a further question. How can I, as a transgender person, have any trust in my future in this country when the body, the MPs and the Government that are meant to champion my equality and fight for my very existence now advocate for my erasure? Should I also be making plans to leave for my own safety and well-being? Where can I get reassurance that the EHRC and the Government are entering this consultation in good faith?
Transgender people are not an illness or a fad or a shame on society. We are people. We deserve to be treated as such, and I am not convinced the current Government is listening.
Thank you for your time and patience in reading my letter.
Yours sincerely,
Dr Madeleine Moore
Dear [redacted],
My name is Madeleine Moore and I am a constituent residing in [redacted]. I am writing to you to urgently request a meeting to discuss the ruling of the Supreme Court on the interpretation of the term ‘sex’ in The Equality Act 2010. Both the ruling itself and how it was reached have left me with a feeling a significant depression, anger and sadness. The ruling terrifies me. Despite clearly being both legally incorrect and, arguably more importantly, morally wrong, this ruling appears designed to ostracize an already vulnerable and persecuted minority. Worse, the ruling also appears to be setting women’s rights back for a generation. That the Labour Party appears to be all too willing to embrace this staggers me – when did the Labour Party aspire to take the ‘Nasty Party’ crown?
I am a woman. I am a University Lecturer in Mathematics. I am married. And I am transgender. I have known I was transgender since I was about 10 and then spent the best part of 25 years fighting that every day of my life. I finally sought help when it became clear that to not do so would, to be blunt, have killed me. I started my transition in 2020, and publicly in 2021. I have used women’s facilities for over four years without comment or incident.
I am lucky in many regards. I am lucky I have a very supportive wife, who has known for over 10 years and was willing and eager to support in any way she could. I am lucky that both my previous and my current workplaces have been incredibly supportive throughout, it has been simple to, for example, change names and to live in my acquired gender in everyday life. I am lucky that my family and friends have, overall, been very supportive. I am lucky that we are financially comfortable enough that I was able to forgo the nearly decade-long wait for even a first appointment at an NHS Gender Clinic and seek private diagnosis and treatment for gender dysphoria. I am lucky that my GP has, to date, been supportive and agreed to shared care. Most transgender people are not this fortunate.
I am unlucky in other regards. I am unlucky have been verbally insulted in public multiple times – probably on average at least once a month. I am unlucky that I have had a brick thrown at me on my walk to work because I am transgender. The police won’t do anything because the police don’t have the resources and don’t care about transgender people. I am unlucky that I have had colleagues and collaborators stop working with me or talking with me because of their views. I am unlucky that, because I am transgender, I have had to constantly fear confrontation and argument if I want to use a public bathroom. I have to balance between avoiding that risk, not eating or drinking or, bluntly, being forced to wet myself. I am unlucky that I wasn’t brave enough to start my transition sooner – I know I will never really pass in public. I am always going to be hypervisible as long as I live. Most transgender people are more unfortunate than this.
As I said above, last week’s ruling terrifies me. I already am constantly aware of the possibility of confrontation if I need to use the bathroom in public, now I am worried of being detained or prosecuted just for what should be a basic right. Or, worse, being forced into the facilities of the sex I was, falsely, assigned at birth and being at risk of humiliated, abused or assaulted. I am worried that all the cisgender women that I know and love, and those that I don’t, who don’t conform to a gender stereotype that was ‘last century’ in the last century will suffer the same. I am frightened that we all may be strip searched by male police officers just on the off chance we might be transgender. How does this make women safer?
On top of this, if a cisgender woman says that they are not transgender how are they to be believed? Who is policing this system? Do women need to carry around their birth certificates just to use a bathroom? Are we employing people to inspect genitals or to perform a chromosome test on every street corner? Are we putting transgender people on a list or making them wear a badge, so they are easy to spot? It may sound hyperbolic, but it doesn’t work. This ruling solves nothing and just invites an easier ride for bigotry and hate. How does this make women safer?
The ruling also terrifies me from a legal perspective. How have we entered a world where a hearing on whether or not to remove the rights of a minority is engineered so that five anti-transgender groups are allowed to provide evidence, and yet no transgender voices are heard and, indeed, are explicitly rejected? If you replace the word ‘transgender’ with any of protected characteristic, it becomes completely inconceivable and yet this is what has happened. The legal standard of audi alteram partem has been violated when it should be sacred. In addition, why were these groups allowed to present new evidence that was unchallenged and untested in this proceeding? That the Supreme Court chose to allow this is unforgivable. How can we trust the rule of law in this country when the ultimate arbiter of that breaks fundamental and basic legal principles? How does this make women safer?
Beyond this, I am staggered that on such a fundamental ruling on acts that were written relatively recently, the Supreme Court did not even hear from the people who drafted the Equality Act. As we have seen in the days since the ruling, civil servants who were involved in the process have said that the Supreme Court’s ruling contradicts the Act’s original intentions. Surely rather than guessing the Court should have been hearing from these people.
There is perhaps the even more egregious fact that the Supreme Court ruling spends multiple paragraphs arguing what the legislators of the fifty-year old Sex Discrimination Act of 1975 meant by ‘man’ and ‘woman’ by contrast, the explanatory note of the Gender Recognition Act of 2004 (GRA) that explicit legislative intent of the GRA was to include transgender people and override the 1975 Act is then completely dismissed and ignored in paragraph 81 of the ruling. We have entered the realm where our Supreme Court has overstepped interpretation of legislature and begun legislating itself. How can we retain faith in a country where the Supreme Court is allowed to rewrite the law? How does this make women safer?
The ruling tries to claim that it does not negatively impact the lives of transgender people and should not be viewed as a victory for one side over the other. How on earth can a body that has not even spoken to or heard from transgender people think to speak for us? Our lived experiences are what matters, and I can tell you that it is already making my life worse. I am afraid of going out into society. The ruling has given free reign for hate groups and the media to use language designed to harm. Language we do not allow about other minority groups, but because it is transgender people it is now allowed. How has Britain become a place where hate is being encouraged? How does this make women safer?
I want to finish with what is perhaps the most terrifying to me. Even in the context where the ruling has happened and cannot be reversed, I am appalled at how the ruling is being wilfully and deliberately misinterpreted. The ruling is about the definition of the word ‘sex’ in one act. Importantly, the ruling explicitly does not oblige public bodies to provide single-sex spaces, such as toilets or changing rooms, only that it now makes it easier to exclude transgender people from them if they so wish.
And yet, the Equalities and Human Rights Commission (EHRC), the body that is supposed to oversee the law with respect to protecting minorities, has publicly announced that it is going to bring in mandatory statutory guidance that blanket bans transgender people from said facilities. This is completely legally ungrounded. Even more appalling, the head of the EHRC goes further and, on national radio (BBC Radio 4, April 17th) tries to place the onus on transgender people to advocate for businesses and services to provide a ‘third space’ for them. This is a ridiculous assertion. Unisex or gender-neutral facilities are scarce as it is, even before the previous government’s legislation to try to ban the latter. The facilities simply don’t exist. Are we meant to be taking every individual place to court if we are not provided for? Who is paying for these legal costs? How are businesses going to afford to change? Most aggravatingly it is the responsibility of the EHRC to be advocating and demanding these ‘third spaces’ if they wish to pursue this legally incorrect, foolish and bigoted agenda.
To make matters worse, I see this morning (April 22nd) that Bridget Phillipson MP, Minister for Equalities, has preached the same, false interpretation of the ruling in the national media. How can we trust Labour when it claims to want to support and protect transgender people when it blithely attacks us like this, as if it hasn’t any actual understanding of what the legal situation is. Or indeed, how anything is to work in practice. We are falsely told again and again that the ruling has provided clarity when it has done the opposite. How does this make women safer?
The most insidious effect of these false claims from the EHRC and from the government is that, on the ground, in everyday life, ordinary people don’t know what the law is due to understandable ignorance. It leads to more confrontation and to transgender people and cisgender women being uncomfortable and at risk of verbal and physical assault.
Upwards of 30,000 people marched through London – and many more nationwide – on Saturday 19th April to protest this ruling. Feminism that does not include transgender people is the patriarchy and sets back the cause of women decades. And yet, had not some people defaced some statues, you would have had a hard time knowing the protests happened at all from the mainstream media, which has been hostile to transgender people for years. Descriptions are always of ‘activists’ and not just ‘people’. People who are angry that their rights or those of their friends and families are being taken away. People who are worried about what comes next or whose rights are next. People who look at a system that thinks that statues are more important than people and are scared by what that means. How does this make women safer?
I can forgive the government for a lot of what has happened since last summer. The previous government left this country in a ruinous state, and it will take a lot of time to fix that. But I cannot forgive the government for continuing or escalating the culture war started by the previous government. The Labour Party I grew up with would not have stood for that, and I would like to believe that the current Labour Party doesn’t either. Convince me that is true.
Thank you for your time in reading and considering this letter. I would very much like the chance to meet and discuss the issues raised herein with you. I look forward to your response.
Yours sincerely,
Dr Madeleine Moore