The EHRC draft guidance has been published and as expected, it’s an incoherent and in many places illegal shitshow that appears to have been written by the same anti-trans groups the EHRC chair and commissioner are close friends of. But it’s achieving its goal, which is to get the newspapers to tell their readers that trans women must be excluded from public spaces or gendered toilets, which is not what the Supreme Court ruled and is not what the law says.
I’m not a lawyer, but even I can see that a lot of the guidance in the consultation document misrepresents the law and exposes companies to significant legal risk by falsely telling them that they should discriminate against service users. And the papers’ reporting of it is even worse, with the likes of The Telegraph saying that retailers must interrogate trans customers (or suspected trans customers) who want to use changing rooms and to demand birth certificates to prove customers’ sex.
It’s a mess, it’ll harm people, and it’s going to get retailers and other service providers sued. The EHRC chair and commissioners are malevolent and incompetent, and should be replaced before they cause even more chaos.