Trans individuals in the UK may soon be required to carry identification, including passports, to access single-sex public facilities such as toilets and changing rooms, according to proposed updates to the Equality and Human Rights Commission (EHRC)’s code of practice.
The EHRC, responsible for interpreting and guiding the application of the 2010 Equality Act, released a draft of its updated non-statutory guidance on Tuesday (20 May), triggering widespread concern from LGBTQ+ rights advocates. This follows a recent UK Supreme Court ruling that the terms “woman” and “sex” in the legislation refer to “biological women” and “biological sex”, not including transgender women.
Lord Patrick Hodge, who delivered the court’s ruling, clarified that the decision was not a declaration of victory for one side, noting that transgender individuals are still protected under the Equality Act against discrimination.
Nevertheless, the EHRC’s new guidance appears to move further toward restrictions. Interim guidance issued in April already suggested that trans people could be excluded from all gendered toilets, including those matching their assigned sex at birth.
The newly proposed changes suggest that if challenged, trans individuals may need to provide formal identification, such as a passport, to access gendered services. The code also specifies that documents such as gender recognition certificates (GRCs) or amended birth certificates may not be considered sufficient proof of identity in these cases. GRCs are used in the UK to legally change one’s sex and update relevant documents.
Baroness Kishwer Falkner, chair of the EHRC, defended the move as “vital” for giving service providers—such as retailers, gym employees, and public staff—clearer guidance on their legal obligations. “They need to know what the law expects of them,” she said.
The code adds that while service providers should not routinely ask for ID, they may do so if it is “necessary and justified”, citing privacy rights under Article 8 of the European Convention on Human Rights. However, the guidance notes that disclosing a person’s GRC status without their consent may be a criminal offence under the Gender Recognition Act.
New clauses in Chapter 13 of the guidance attempt to justify the exclusion of trans people from gendered facilities, stating that such measures must be “a proportionate means of achieving a legitimate aim,” such as maintaining the “safety, privacy and dignity” of men and women.
Though not legally binding, the proposed EHRC guidance could serve as a foundation for future legislation and represents a significant shift in how trans rights are treated in public spaces. The consultation remains open to public feedback.
