Labour MPs back legal challenge to EHRC trans guidance taking effect today
A coalition of Labour backbenchers is supporting the Good Law Project's legal challenge against the EHRC's new single-sex spaces code of practice.
On August 5, 2026 the Equality and Human Rights Commission’s new code of practice on single‑sex spaces entered force, and a coalition of Labour backbenchers has pledged support to a court challenge mounted by the Good Law Project.
The Good Law Project – a non‑profit legal campaigner – contends the guidance is unlawful. It has written a pre‑action protocol letter to the government and the EHRC on behalf of an unnamed trans person and a trans‑inclusive organisation, arguing that the blanket exclusion of trans women from women‑only services breaches human‑rights protections.
Media additions
“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.”
Jess O’Thomson, trans rights lead, via Mirror
Labour MP Nadia Whittome has been the most vocal parliamentary opponent. She led an Early Day Motion in June that was signed by almost 170 MPs – roughly one in four of the House – and 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.”
Nadia Whittome, MP, via Metro
She added later that the guidance represents “a profound rollback of rights”. Her criticism echoes a broader chorus of Labour dissent. Backbenchers Richard Quigley and Kim Johnson welcomed the legal action, describing the code as “nothing but confusion and anxiety” and “incredibly dangerous and likely to cause unlawful discrimination”, respectively.
Cross‑party criticism has also emerged. Liberal Democrat MPs Vicki Slade and Tom Gordon signalled they want the guidance withdrawn, while Green Party deputy leader Rachel Millward warned that it leaves trans people facing “the very real prospect of being excluded from essential services and public spaces”.
Andy Burnham’s own Labour MPs are backing the legal challenge, according to Metro, underscoring the breadth of parliamentary unease.
What the code says
The EHRC’s code confirms 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. That definition now applies to toilets, changing rooms, hospital wards, refuges and any “women’s” service such as pottery classes or gym sessions.
It also tells providers that any service which is not a single‑sex service “must be open to all service users”. In addition, the guidance 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 deemed discriminatory against them.
The code’s blanket approach forces trans‑inclusive women’s organisations into a stark choice: either ban trans women entirely or cease being women‑only services and open up to all men. The Mirror notes that this could push trans people out of public spaces, increase the risk of “outing” and marginalise them in everyday life.
Beyond trans concerns, the guidance could have “knock‑on effects” for cis women and disabled people. It suggests that trans people use accessible toilets, which are already under‑provided, potentially heightening scrutiny for women perceived as masculine and placing some trans people at a “disproportionate risk of violence and sexual assault”, as flagged in the government’s own Equality Impact Assessment.
Official responses
The EHRC stresses it is not creating new law but offering “impartial, legally accurate guidance on existing law”, saying the code is a response to the April 2025 Supreme Court ruling that the Equality Act terms refer to biological sex at birth.
“We are unable to comment on any threat of legal action at this stage.”
Spokesperson, Equality and Human Rights Commission
A government spokesperson echoed that stance, stating that comment on ongoing legal proceedings would be “inappropriate”.
“We cannot comment on ongoing legal proceedings. It would be inappropriate for us to do so.”
Government spokesperson
Sex‑based rights charity Sex Matters welcomed the code, with its spokesperson Maya Forstater asserting:
“The law is clear and the code is practical, giving many examples that apply to everyday services.”
Maya Forstater, Sex Matters
Legal background
The Good Law Project’s current challenge follows an earlier defeat. In February 2026 a judge dismissed the GLP’s claim against an interim EHRC update on transgender inclusion, finding “no error of law”.
GLP’s challenge is focused on toilet and changing‑room provision in the workplace, but the broader claim covers any single‑sex service. The pre‑action letter filed today marks the first procedural step toward a full court fight.
Key timeline
- April 2025 – Supreme Court rules that Equality Act terms refer to biological sex at birth.
- February 2026 – Good Law Project’s earlier challenge to an EHRC interim update is dismissed.
- June 2026 – Nadia Whittome leads Early Day Motion opposing the new code; almost 170 MPs sign.
- August 5 2026 – EHRC code of practice comes into force; Good Law Project files pre‑action letter and backs legal challenge; Labour backbenchers publicly endorse the suit.
What to watch next
Both the EHRC and the government have declined to comment on the pending litigation.
For those directly affected, the trans‑rights organisation Mindline Trans+ has reminded readers that its emotional‑support helpline remains open on Mondays and Fridays from 8 pm to midnight.
