Good Law Project is supporting a legal challenge against the Government and the Equality and Human Rights Commission (EHRC) over new guidance on single-sex services that campaigners say will have a damaging impact on trans people.
The challenge comes as the EHRC's updated code of practice comes into force today (5 August). The code, drafted by the EHRC and approved by ministers, provides statutory guidance for organisations and service providers on the application of equality law.
Good Law Project has described the guidance as "transphobic" and says it will force many trans-inclusive women's organisations into an impossible position.
According to the campaign group, women's services that currently welcome trans women will be faced with a stark choice under the new framework: either exclude trans women entirely or cease operating as a women-only service and instead open their doors to all men.
The code applies to a wide range of settings, including women's community groups, gyms, leisure facilities and gendered toilets.
Critics argue the guidance risks forcing trans people to disclose their gender history in everyday situations, increasing the likelihood of exclusion from public spaces and community activities. They also warn of wider consequences for cisgender women and disabled people, claiming the guidance could lead to increased challenges over who is permitted to use single-sex facilities, while encouraging trans people to use accessible toilets that are already in short supply.
Good Law Project is supporting two claimants in the case: a trans person and a trans-inclusive organisation. The group has sent a pre-action protocol letter to both the Government and the EHRC, the first formal step before judicial review proceedings can begin.
"It's not just immensely harmful. We think it's unlawful, and completely against human rights."
Jess O'Thomson, Good Law Project's trans rights lead, said the legal action was necessary because of what they described as a significant rollback of trans rights.
"It’s difficult to believe just how far backwards our government has gone on trans human rights," they said.
"This Labour government pushed through its transphobic guidance in the face of opposition from many MPs, including nearly a hundred of its own backbenchers.
"It's not just immensely harmful. We think it's unlawful, and completely against human rights. So this challenge is absolutely essential."
The Government and EHRC have previously argued that the code of practice is intended to provide clarity for service providers following recent legal and policy developments concerning single-sex spaces and the interpretation of equality law.
The legal challenge is the latest in a series of disputes over the implementation of guidance affecting trans people, with campaigners, equality organisations and politicians continuing to debate how the Equality Act should apply to single-sex services and facilities.
If the case proceeds, a court will be asked to determine whether the Government and EHRC acted lawfully in producing and implementing the guidance.
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