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Mermaids Press

We are sending love and solidarity to our community following the release of the EHRC’s reprehensible new code of practice last week. The new code fails completely to protect equality for trans people, instead taking a discriminatory approach not dissimilar to the previous draft. Forcing trans people into third spaces not only risks outing them: often these spaces are not available or sufficient, denying trans people access to vital services, and the ability to take part in public life.

Moreover, the code fails to deliver true clarity on how organisations can be inclusive of trans people. In delivering more questions than answers, this version of the code is not fit for purpose and will likely have to be tested through case law, leaving trans people’s rights hanging in the balance.

It’s a small consolation that the guidance appears to leave room for associations and clubs to cater to multiple protected characteristics – for example, including both trans and cis women. We are cautiously optimistic that organisations may be able to resume or continue including trans and non-binary people as a result.

In these crucial coming weeks, we will continue working with our allies to push for better legal frameworks that truly uphold equality.

Know that we are here for you if you need to talk to someone about how you’re feeling. Our support line is open from 1pm-8:30pm on weekdays: Call 0808 801 0400, or access webchat.