The Times reports that the EHRC guidance on trans people, to be published later this year, is going to ignore the 50,000+ consultation responses and will tell organisations not to let trans people use the correct facilities for their gender. It’s not a surprise, but it’s important to understand that what the EHRC is attempting to do here is invent a law that does not exist.

Until now, the Equality Act has said that trans people should only be excluded from facilities if doing so is a proportional means of achieving a legitimate aim. And when the EHRC guidance is published, that will remain the case. What’s changed is how the EHRC is trying to spin it.

The bigots at the EHRC, and their friends at the anti-trans pressure group Sex Matters and in the press, are trying to muddy the waters and make organisations believe that they *must* exclude trans people. But that’s not the law. The law says that yes, they can, if it’s proportionate and absolutely necessary. But they don’t have to, and they are certainly not breaking the law if they choose to offer gender-neutral facilities.

The proposed new guidance is in breach of multiple laws and breaches multiple human rights obligations the UK is signatory to; it also completely disregards the European Court of Human Rights judgements that made the UK grant trans people legal gender recognition in the 2000s. It’s heading once again to the EU courts, where it will be destroyed. But that will take time, and the anti-trans thugs hope to destroy as many human rights as possible before that happens.