Questions 1-3 are demographics
Question 4: Would you like to provide feedback on the updated legal definition of sex throughout the code of practice?
YES
Question 5: To what extent do you agree or disagree with the following statement: The explanation of the updated legal definition of sex is clear.
STRONGLY DISAGREE
Question 6: Is there anything you would change to make the explanation this update clearer?
The definition of sex as sex assigned at birth does not make sense, for three reasons:
- It is in conflict with Section 7 of the Equality Act 2010 that states a trans person has changed “physiological or other attributes of sex”. In other words, sex is the same as gender in EA2010.
- The Gender Recognition Act states that gender reassignment changes sex for all purposes and protects trans people from disclosure of their birth sex. This definition of sex is in conflict with the GRA.
- This definition of sex does not include nonbinary or intersex people, so is inadequate to cover everyone.
Question 7: Will your organisation make any changes as a result of this update to the code of practice? For example, any changes to your policies, procedures or practices.
NO
Question 8: What changes might your organisation make as a result of this update to the code of practice?
We will continue to treat trans women as women and trans men as men and non-binary people as non-binary.
Question 9: Would you like to provide feedback on the new content on Gender Recognition Certificates?
YES
Question 10: To what extent do you agree or disagree with the following statement:
The explanation of the legal rights and responsibilities set out in the new content on Gender Recognition Certificates is clear.
STRONGLY DISAGREE
Question 11: Is there anything you would change to make the explanation of the legal rights and responsibilities in this update clearer?
2.1.6 The Supreme Court in For Women Scotland Ltd v The Scottish Ministers (For Women Scotland) [2025] UKSC 16 has ruled that a GRC does not change a person’s legal sex for the purposes of the Equality Act 2010.
>>> As stated previously this point is not compatible with the GRA’s requirement for a person to live as their acquired sex and their right to privacy over having changed their sex.
2.1.7 This means that, in relation to the Act, a person’s sex remains their biological sex, whether they have a GRC or not. This is also referred to as ‘sex at birth’ or ‘birth sex’ in this code. For example, a trans man with a GRC is a woman and a trans woman with a GRC is a man, for the purposes of the Act.
>>> Biological sex has numerous definitions including genetic, physiological, hormonal, psychological, not limited to ‘sex assigned at birth’, so this is unclear. In addition, Section 7 of EA2010 says the person has changed ‘sex’ and the wording in this guidance is itself transphobic and encourages harassment.
2.1.8 A trans person will be protected from discrimination because of gender reassignment, whether they have a GRC or not.
>>> This sentence is correct, but illustrates that the statement in 2.1.7 above ( ‘a trans man with a GRC is a woman and a trans woman with a GRC is a man’), is itself in breach of the Act and therefore discriminatory.
2.1.9 A trans person will also be protected from sex discrimination whether they have a GRC or not. They will be protected from sex discrimination that is based on their birth sex. They will also be protected from sex discrimination related to their acquired gender where they suffer:
- direct discrimination by association or where this is because of their perceived sex in their acquired gender (read about discrimination by perception in the changes to chapter 4)
- indirect discrimination by association (s.19A) of the Act
- harassment related to sex (s.26) (read about harassment related to sex in the changes to chapter 8)
>>> This is unclear, confusing and illustrates what poor and ill-conceived guidance this is.
Question 12: Will your organisation make any changes as a result of this update to the code of practice? For example, any changes to your policies, procedures or practices.
NO
Question 13: What changes might your organisation make as a result of this update to the code of practice?
We will campaign until this update is removed and the rights of trans people are restored.
Question 14: Would you like to provide feedback on the new content on asking about sex at birth?
YES
Question 15: To what extent do you agree or disagree with the following statement:
The explanation of the legal rights and responsibilities set out in the new content on asking about sex at birth is clear.
STRONGLY DISAGREE
Question 16: Is there anything you would change to make the explanation of the legal rights and responsibilities in this update clearer?
The GRA enshrines the right to privacy for trans people, and this guidance breaches it. What is ‘necessary and proportionate’ is subjective to personal views and prejudices, and will lead to inappropriate questioning of people who do not conform to gender stereotypes. This will always be intrusive and distressing and should not be in the guidance.
Question 17: Will your organisation make any changes as a result of this update to the code of practice? For example, any changes to your policies, procedures or practices.
YES
Question 18: What changes might your organisation make as a result of this update to the code of practice?
We will campaign to have this update removed as it is intrusive and discriminatory.
Question 19: Would you like to provide feedback on the new content on defining sex at birth?
YES
Question 20: To what extend do you agree or disagree with the following statement:
The explanation of the legal rights and responsibilities set out in the new content on defining sex at birth is clear.
STRONGLY DISAGREE
Question 21: Is there anything you would change to make the explanation of the legal rights and responsibilities in this update clearer?
Biological sex has numerous definitions including genetic, physiological, hormonal, psychological, so this is unclear. The ‘sex of a person at birth’ is actually the ‘sex assigned at birth’ by another person and may not be in line with that person’s reality. It is also inadequate in that it ignores people who are intersex or nonbinary.
Question 22: Will your organisation make any changes as a result of this update to the code of practice? For example, any changes to your policies, procedures or practices.
YES
Question 23: What changes might your organisation make as a result of this update to the code of practice?
We will campaign to have this overturned, as it is confusing, discriminatory and violates human rights.
Question 24: Would you like to provide feedback on the updated description of the protected characteristic of sexual orientation?
YES
Question 25: To what extent do you agree or disagree with the following statement:
The explanation of the legal rights and responsibilities set out in the updated description of the protected characteristic of sexual orientation is clear.
STRONGLY DISAGREE
Question 26: Is there anything you would change to make the explanation of the legal rights and responsibilities in this update clearer?
This section should include trans women as women and trans men as men. If a trans woman is considered to be a ‘man’ as per section 2.1.7 above, then she and her lesbian partner would not be protected by the Equalities Act – both would be considered heterosexual, when in fact they are lesbians. Conversely if a trans woman is in a relationship with a man, they would both be treated as gay men under this guidance. This is incorrect and discriminatory.
Question 27: Will your organisation make any changes as a result of this update to the code of practice? For example, any changes to your policies, procedures or practices.
YES
Question 28: What changes might your organisation make as a result of this update to the code of practice?
We will campaign to have this overturned, as it is confusing, discriminatory and violates human rights.
Question 29: Would you like to provide feedback on the new example on sex discrimination by perception?
YES
Question 30: To what extent do you agree or disagree with the following statement:
The explanation of the legal rights and responsibilities set out in the new example on sex discrimination by perception are clear.
STRONGLY DISAGREE
Question 31: Is there anything you would change to make the explanation of the legal rights and responsibilities in this update clearer?
We would remove the last sentence which is both redundant and discriminatory, saying a trans woman is not a women. We would also update the word ‘Chairman’ to be the current standard for this role which is ‘Chair’ – the use of ‘Chairman’ is biased and outdated.
Question 32: Will your organisation make any changes as a result of this update to the code of practice?
For example, any changes to your policies, procedures or practices.
YES
Question 33: What changes might your organisation make as a result of this update to the code of practice?
We will campaign to have this overturned, as it is confusing, discriminatory and violates human rights.
Question 34: Would you like to provide feedback on Change 4.2?
YES
Question 35: To what extent do you agree or disagree with the following statement:
The explanation of the legal rights and responsibilities set out in Change 4.2 is clear.
STRONGLY DISAGREE
Question 36: Is there anything you would change to make the explanation of the legal rights and responsibilities in this section clearer?
This explanation misgenders the trans man and is discriminatory and in breach of the Gender Recognition Act.
Question 37: Will your organisation make any changes as a result of the update to this section of the code of practice?
For example, any changes to your policies, procedures or practices.
YES
Question 38: What changes might your organisation make as a result of the update to this section of the code of practice?
We will campaign to have this reinstated as removing it is confusing, discriminatory and violates human rights.
Question 39: Would you like to provide feedback on the new example on sex discrimination – same disadvantage?
YES
Question 40: To what extent do you agree or disagree with the following statement:
The explanation of the legal rights and responsibilities set out in the new example on sex discrimination – same disadvantage is clear.
STRONGLY DISAGREE
Question 41: Is there anything you would change to make the explanation of the legal rights and responsibilities in this update clearer?
This shows that society treats trans women as women, and the law should do likewise. Trans women are women and SHOULD share the protected characteristic of sex with all women.
Question 42: Will your organisation make any changes as a result of this update to the code of practice? For example, any changes to your policies, procedures or practices.
YES
Question 43: What changes might your organisation make as a result of this update to the code of practice?
We will campaign to have this changed to confirm trans women are women.
Question 44: Would you like to provide feedback on the updated example on harassment related to sex?
YES
Question 45: To what extent do you agree or disagree with the following statement:
The explanation of the legal rights and responsibilities set out in the updated example on harassment related to sex is clear.
STRONGLY DISAGREE
Question 46: Is there anything you would change to make the explanation of the legal rights and responsibilities in this update clearer?
This shows that society treats trans women as women, and the law should do likewise, not refer to them as ‘perceived’ women – they ARE women.
Question 47: Will your organisation make any changes as a result of this update to the code of practice?
For example, any changes to your policies, procedures or practices.
YES
Question 48: What changes might your organisation make as a result of this update to the code of practice?
We will campaign to have the last sentence of this removed.
Question 49: Would you like to provide feedback on the new example on women-only associations?
YES
Question 50: To what extent do you agree or disagree with the following statement:
The explanation of the legal rights and responsibilities set out in the new example on women-only associations is clear.
STRONGLY DISAGREE
Question 51: Is there anything you would change to make the explanation of the legal rights and responsibilities in this update clearer?
The example does not explain how the club knows the applicant is a trans woman, nor why they would need to know this. It is an invasion of privacy to ask a trans woman to disclose her medical and gender history. What if the membership secretary thought it was a trans woman based on appearance alone, when it was in fact gender non-conforming cis woman? This is impossible to regulate and monitor. Trans women are women and should be admitted to women’s clubs and associations. Most women’s clubs and their members gladly accept trans women so this guidance is impractical and discriminatory.
Question 52: Will your organisation make any changes as a result of this update to the code of practice?
For example, any changes to your policies, procedures or practices.
YES
Question 53: What changes might your organisation make as a result of this update to the code of practice?
We will campaign to have this changed to confirm trans women are women and drive inclusive policies. We will also campaign to have intersex and nonbinary people catered for in this guidance.
Question 54: Would you like to provide feedback on the updated section on competitive sport?
YES
Question 55: To what extent do you agree or disagree with the following statement:
The explanation of the legal rights and responsibilities set out in the updated section on competitive sport is clear.
STRONGLY DISAGREE
Question 56: Is there anything you would change to make the explanation of the legal rights and responsibilities in this update clearer?
This explanation talks about exclusion and not inclusion. Most people participating in sports are happy to have trans people take part as the sex in which they live their lives. Some sporting bodies are taking an evidence-based approach and in many cases this leads to inclusion. Making arbitrary rulings to exclude trans people is discriminatory and contra to human rights.
Question 57: Will your organisation make any changes as a result of this update to the code of practice?
For example, any changes to your policies, procedures or practices.
YES
Question 58: What changes might your organisation make as a result of this update to the code of practice?
We will campaign to ensure that sports are as inclusive as possible and that there is an evidence-based approach to exceptions to inclusion.
Question 59: Would you like to provide feedback on the updated section on separate and single-sex services for men and women?
YES.
Question 60: To what extent do you agree or disagree with the following statement:
The explanation of the legal rights and responsibilities set out in the updated section on separate and single-sex services for men and women is clear.
STRONGLY DISAGREE
Question 61: Is there anything you would change to make the explanation of the legal rights and responsibilities in this update clearer?
This entire section relies on the definition of sex as sex assigned at birth, and therefore is unworkable. Trans women should use women’s spaces and trans men should use men’s spaces.
Question 62: Will your organisation make any changes as a result of this update to the code of practice?
For example, any changes to your policies, procedures or practices.
YES
Question 63: What changes might your organisation make as a result of this update to the code of practice?
We will continue to campaign for inclusion so that the definition of single-sex includes trans women and men in their lived identity. This section also needs to be adapted to include nonbinary and intersex people.
Question 64: Would you like to provide feedback on the new section on justification for separate and single-sex services?
YES
Question 65: To what extent do you agree or disagree with the following statement:
The explanation of the legal rights and responsibilities set out in the new section on justification for separate and single-sex services is clear.
STRONGLY DISAGREE
Question 66: Is there anything you would change to make the explanation of the legal rights and responsibilities in this update clearer?
This section would be fine as long as trans women are treated as women and trans men as men and each use the service according to their lived gender identity. Trans women will not feel safe in men’s toilets, as they are as likely or more likely than cis women to be victims of men’s violence. Trans men would not feel comfortable using women’s toilets, and this could expose them to risk if others see them as men entering the women’s facilities.
Question 67: Will your organisation make any changes as a result of this update to the code of practice?
For example, any changes to your policies, procedures or practices.
YES
Question 68: What changes might your organisation make as a result of this update to the code of practice?
We will continue to campaign to have this guidance overturned so that trans people can get on with their lives in peace and without discrimination or exclusion.
Question 69: Would you like to provide feedback on the new content on policies and exceptions for separate and single-sex services?
YES
Question 70: To what extent do you agree or disagree with the following statement:
The explanation of the legal rights and responsibilities set out in the new content on policies and exceptions for separate and single-sex services is clear.
STRONGLY DISAGREE
Question 71: Is there anything you would change to make the explanation of the legal rights and responsibilities in this update clearer?
This section would be fine as long as trans women are treated as women and trans men as men and each use the service according to their lived gender identity. Trans women will not feel safe in men’s toilets, as they are as likely or more likely than cis women to be victims of men’s violence. Trans men would not feel comfortable using women’s toilets, and this could expose them to risk if others see them as men entering the women’s facilities.
Question 72: Will your organisation make any changes as a result of this update to the code of practice?
For example, any changes to your policies, procedures or practices.
YES
Question 73: What changes might your organisation make as a result of this update to the code of practice?
We will continue to campaign to have this guidance overturned so that trans people can get on with their lives in peace and without discrimination or exclusion.
Question 74: Would you like to provide feedback on the updated section on separate or single-sex services in relation to gender reassignment?
YES
Question 75: To what extent do you agree or disagree with the following statement:
The explanation of the legal rights and responsibilities set out in the updated section on separate or single-sex services in relation to gender reassignment is clear.
STRONGLY DISAGREE
Question 76: Is there anything you would change to make the explanation of the legal rights and responsibilities in this update clearer?
This section is all about how to discriminate against trans people. There is no explanation of how an organisation that wishes to be inclusive, and allow trans people to use its services as their lived gender, can do so. This section should be redundant because trans women are women and trans men are men and the guidance should recognise this.
Question 77: Will your organisation make any changes as a result of this update to the code of practice?
For example, any changes to your policies, procedures or practices.
YES
Question 78: What changes might your organisation make as a result of this update to the code of practice?
We will continue to campaign to have this guidance overturned so that trans people can get on with their lives in peace and without discrimination or exclusion.
Question 79: Would you like to provide feedback on the updated content on communal accommodation?
YES
Question 80: To what extent do you agree or disagree with the following statement:
The explanation of the legal rights and responsibilities set out in the updated content on communal accommodation is clear.
STRONGLY DISAGREE
Question 81: Is there anything you would change to make the explanation of the legal rights and responsibilities in this update clearer?
This section should be redundant because trans women are women and trans men are men and the guidance should recognise this. Each should be accommodated as their lived gender. It also does not recognise the real danger of accommodating trans women with men, as they face the same risk of male violence as cis women.
Question 82: Will your organisation make any changes as a result of this update to the code of practice?
For example, any changes to your policies, procedures or practices.
YES
Question 83: What changes might your organisation make as a result of this update to the code of practice?
We will continue to campaign to have this guidance overturned so that trans people can get on with their lives in peace and without discrimination or exclusion, and so that trans women can be protected from male violence.
Question 84: Do you have any other feedback about the content of the code of practice that you have not already mentioned?
This guidance is muddled, discriminatory and harmful. It is also impossible to follow in many cases as most trans people pass very well as their lived gender, and many cis people have gender non-conforming characteristics.
There are a number of areas in which this guidance conflicts with the Gender Recognition Act and with the Human Rights Act. This is unacceptable.
This Supreme Court Ruling and the EHRC guidance have been influenced by a transphobic agenda and have completely failed to take into account the lived experience of trans people or even the views of the majority of the public, including cis women, who are inclusive and completely happy for trans people to live their lives entirely as their true selves.
We suggest this guidance is completely rewritten with trans people in the room and the law clarified to promote inclusion and equality for all.
Submitted 21:39 26/6/2025 AS
The Equality Party 