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EHRC Proposes Allowing Hospitals and Gyms to Request Birth Certificates to Prove Sex – Guido Fawkes



EHRC Proposes Allowing Hospitals and Gyms to Request Birth Certificates to Prove Sex





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The Equality and Human Rights Commission has released its code of practice consultation on how public buildings such as shops, hospitals and sports clubs should interpret the Equality Act following the Supreme Court Ruling that a woman is a biological female. They’ve updated the definition of ‘legal sex’ throughout the code of practice from “sex that was recorded at your birth or the sex you have acquired by obtaining a Gender Recognition Certificate” to “legal sex is the sex that was recorded at your birth.” The key proposals are:

  • Single-sex services can’t call themselves that if they also include transgender people of the opposite biological sex.
  • Services can ask someone’s sex at birth – including seeing a birth certificate or GRC – if it’s “necessary and proportionate.”
  • Asking someone’s sex at birth publicly, rudely, or offensively could count as discrimination or harassment.
  • Trans people can be excluded from some services if it’s needed to avoid “alarm or distress” to others.
  • Sports organisers can stop trans participation if it gives a competitive edge or causes safety risks.
  • In most cases, services should try to meet trans people’s needs “without compromising the single-sex nature” of the service.

The new consultation to gather feedback on the changes is now open

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