The UK’s 'Equality' ruling has put trans lives on trial

It has now been two weeks since the UK Supreme Court announced the results of its reappraisal of the meaning of the landmark Equality Act 2010. Subsequently, in a very short space of time, we have seen the Government announce the exclusion of trans people from vital single-sex spaces such as domestic violence shelters, sports settings, public bathrooms, changing rooms, and hospital wards.

Following the Government's announcement, the UK's Equality and Human Rights Commission (EHRC) have now published what they see as interim guidance on how they expect the ruling to be implemented through the provision of single-sex spaces in the future, with a final code of conduct expected in the Summer. Critically, as with the case of the Supreme Court, the EHRC has not heard the voices of any trans people in reaching its conclusions, and the guidance appears to set a perilous direction for the social and economic exclusion and humiliation of a minority group in the UK. The situation reflects legal pronouncements made in some US states around bathroom bans. As with the US, these dramatic developments have continued to be supported loudly by a small number of voices intent on damning trans people to the fringes of society or worse.

The immediate reaction to the ruling last week was deep shock and hurt, turning rapidly to fear in the community, with inflammatory transphobic headlines splashed across newspapers. This has led to the intense impact being felt across every part of the trans community, particularly trans femme people and those without support networks, including in more isolated rural settings. Practical safety concerns have become increasingly overwhelming, forcing people to withdraw from social or workplace interactions. Older trans people are finding themselves at risk. Leading their lives peacefully, settled, and protected in their legally recognized status for the last 20 or more years, they are now threatened with increased public scrutiny, violence, and stripping away of their hard-won rights and dignity.

The impact has escalated fears that every trans person holds. Day-to-day activity is carried out with an overt feeling of anxiety and deep fear, increasing when trying to conduct daily activities out in public. Worrying about where we are permitted to go without being publicly shamed or assaulted for who we are. Trans people are reporting feeling scared at work, in public, and at home, with every interaction infused with thoughts of whether a person will protect them or shame and hurt them. These are thoughts built on real experiences trans people have always dealt with, and partly why the Equality Act was developed to provide protection.

Suddenly, we are being told we can't go to the bathroom or even healthcare settings–places most people take for granted–without being segregated, othered, or challenged. Restrictions on such access, coupled with ongoing restrictions on access to gender-affirming care, will be detrimental to the health and well-being of a minority group looking for protection and peace. Feelings of mistrust, particularly in workplaces, are also permeating trans people who do not see action or outward proclamations of support and commitment to inclusion and equality.

The fact that these fears are now state-sponsored and driven by a bewildering legal solution to a manufactured problem adds additional fear about what could come next.

Despite all this, there is something else being felt in the trans community. Something that the rise in cruel campaigning against trans equality has helped to manifest–support. We have seen the mobilization of considerable fundraising efforts from allies and organizations stepping up to recommit to their evidence-led inclusion policies. There have been supportive interventions in Parliamentary debates decrying the ruling and what it may mean for the safety and dignity of the community. Legal expertise is being drawn together to challenge these damaging developments in the European Court of Human Rights, supported by donations from the community and wider public who do not want to see trans people humiliated and excluded.

But most importantly, we have seen the trans community support itself. Trans-led organizations and groups build networks and reach out to soften the blow by providing access to mental health support and social spaces to come together. Resources offered to clarify legal rights alongside mounting community-led legal challenges to undo discriminatory decisions. And a great many trans people are just getting on with their lives and thriving in complete opposition to those who wish us harm.

As always, at Not A Phase, we are focused on supporting trans lives by uplifting and celebrating them and ensuring joy exists in our community's everyday lives. Our charity continues to provide inclusive spaces for trans people to come together and improve their resilience and well-being through fitness, creativity, and joy. This work is an act of resistance and is more critical than ever.

Alongside these heartening signs has been the emergence of protests nationwide, including 20,000 trans people and allies coming together in a show of unity in London. This underlines a movement exhibiting the best of humanity and showing no signs of stopping.

It could not be clearer that there is a systemic movement to eradicate trans people from public life in the UK and elsewhere. However, it is also becoming clearer that trans people will not be cowed, have allies, and will continue to exist and lead lives that enrich society.

Dee Humphreys is the Chair of the Board of Trustees for Not A Phase, a trans-led charity in the UK. Its mission is to uplift and support trans+ adults across the UK by providing inclusive services to enhance well-being, foster creativity, build skills, and cultivate community resilience through joy. She lives in Brighton with her chosen family. She works in public policy, where she seeks to center social justice and the lived experience of communities in decision-making.