A legal challenge has been launched against the new guidance on single-sex spaces on the same day it came into effect.
The Good Law Project wants to block the new code of practice decided by the equalities regulator, the Equality and Human Rights Commission (EHRC).
Andy Burnham’s own Labour MPs are backing the legal challenge, which argues the new guidelines are transphobic and unlawful, Metro can reveal.
The new code of practice has confirmed that a service must be used on the basis of biological sex in order for it to be classed as single-sex under the Equality Act.
This means single-sex toilets, changing rooms, hospital wards and refuges must be used based on a person’s birth sex, not the gender with which they identify.
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The EHRC say they are responding to the April 2025 Supreme Court ruling that the terms ‘woman’, ‘man’ and ‘sex’ in the Equality Act referred to biological sex at birth.
The regulator stresses they are not creating new law, but are providing services such as cafes and leisure centres with impartial, legally accurate guidance on existing law.
However the Good Law Project – a non-profit which challenges the government using the legal system – argue that the guidance is unlawful.
They are helping an unnamed trans person and trans-inclusive organisation take legal action against the code of practice.
The court action against the government has been backed by Andy Burnham’s own backbench MPs.
Nadia Whittome MP, who led efforts in Parliament to block the new code in June, told Metro: ‘The Code will lead to the segregation and exclusion of trans people, and will subject many others to gender policing based on stereotypes. It is harmful and unworkable.
“Despite 1 in 4 MPs signing my motion opposing the guidance, it is now coming into force without any vote in Parliament taking place.
‘With the Code representing a profound rollback of rights, I am glad that the Good Law Project is challenging its legality through the courts.’
Almost 170 MPs backed her Early Day Motion against the EHRC’s guidance.
Labour MP Richard Quigley also told Metro he welcomed the legal challenge, which he said ‘has created nothing but confusion and anxiety and appears contradictory when even light scrutiny is applied’.
Backbencher Kim Johnson also said: ‘The Good Law Project is right to warn that this guidance is “incredibly dangerous and likely to cause unlawful discrimination”.’
Politicians from other parties have also signalled they want to see the new guidance brought down, including Liberal Democrat MPs Vicki Slade and Tom Gordon.
The Green Party’s deputy leader, Rachel Millward, also told Metro they wanted to guidance to be withdrawn.
She claimed it left ‘trans people facing the very real prospect of being excluded from essential services and public spaces’.
The Good Law Project have written a pre-action letter to the government and EHRC as the first step towards blocking the new guidance.
Their challenge focuses on the parts of the code which advises that any service provided for both cis and trans women must also be provided to cis men – or else it is ‘very likely’ to be discriminatory against them.
The guidance also tells service providers that any service which is not a single-sex service ‘must be open to all service users’.
The Good Law Project argue the EHRC’s reasoning is flawed, saying that trans-inclusive services may be legally justified in some circumstances.
The campaigners also claim the Code’s blanket approach excluding trans women from all women’s services is a violation of their human rights.
In February this year, the Good Law Project lost a legal challenge against the EHRC’s interim update on transgender inclusion after the Supreme Court Ruling.
The judge said the decision to publish the update ‘promptly’ contained ‘no error of law’.
The Good Law Project are vowing to continue that challenge, which is focused on toilet and changing provision in the workplace.
Their trans rights lead, Jess O’Thomson said: ‘It’s difficult to believe just how far backwards our government has gone on trans human rights.
‘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 EHRC code of practice has been welcomed by sex-based rights groups.
They say it offers offers vital, practical instruction for organizations managing single-sex spaces.
Supporters also emphasise that the framework correctly reflects the law following theSupreme Court’s ruling on biological sex.
Maya Forstater, of sex-based rights charity Sex Matters, said: ‘The law is clear and the code is practical, giving many examples that apply to everyday services.’
A spokesperson for the Equality and Human Rights Commission said: ‘We are unable to comment on any threat of legal action at this stage.’
A Government spokesperson said: ‘We cannot comment on ongoing legal proceedings. It would be inappropriate for us to do so.’
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