Equality Watchdog: Birth Certificates May Be Requested to Protect Single-Sex Services

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Equality Watchdog: Birth Certificates May Be Requested to Protect Single-Sex Services

 

Hospitals, gyms, and sports centres may soon be permitted to request individuals' birth certificates to confirm their biological sex in order to uphold the integrity of single-sex services, according to new draft guidance released by the Equality and Human Rights Commission (EHRC). The proposal follows a recent Supreme Court ruling that legally defines “woman” based strictly on biological sex, prompting the EHRC to revise its interpretation of the Equality Act and open a public consultation on the matter.

 

The draft guidance clarifies that it would be lawful for organisations to ask someone to provide a birth certificate or Gender Recognition Certificate (GRC) when it is “necessary and proportionate” to determine eligibility for single-sex services. However, the EHRC stressed that such requests must be handled with sensitivity, as asking about birth sex in a disrespectful or public manner could amount to discrimination or harassment.

 

Baroness Falkner of Margravine, chairwoman of the EHRC, emphasized the importance of clear and accurate legal guidance. “Since the judgment was handed down, the demand for authoritative guidance has been obvious. It’s our job to provide that,” she said. “It is important that our code is both an accurate interpretation of the law and clear to those who use it. So we want to hear views on the clarity of these updates and urge all interested parties to respond to the consultation over the next six weeks. We will consider every response carefully and amend the draft code where necessary.”

 

The guidance proposes that the legal definition of sex be updated to refer only to biological sex recorded at birth, thereby excluding individuals who have legally changed their gender through a GRC. Consequently, services that admit transgender individuals of the opposite biological sex could not describe themselves as “single-sex.”

 

In situations where biological sex is deemed essential — for example, in spaces where women may be undressed, feel vulnerable, or face limited alternatives — service providers may request documentation to verify eligibility. The EHRC warned, however, that if such information is shared without consent, it could constitute a criminal offence.

 

The draft also states that transgender individuals may be excluded from services even if they are biologically aligned with the intended user group if their presence could “cause alarm or distress to other service users.” The regulator acknowledged that such policies are likely to disadvantage trans people compared to non-trans people but said that the legal balancing of rights may still justify such exclusions in certain contexts.

 

“Where services are provided on a single-sex basis, that needs to be done in a way which is consistent with the law,” Falkner said. “We know that there are strongly held views across our society, both about how the law should be interpreted and whether it reflects the right balance between those rights.”

 

On the subject of sport, the EHRC guidance allows for trans individuals to be excluded from gender-affected sporting events if their participation could confer an unfair advantage or pose safety risks. It also urges organisers to seek less intrusive ways to accommodate trans people while still protecting the single-sex nature of the activity.

 

Maya Forstater, co-founder and chief executive of the charity Sex Matters, welcomed the draft, saying it “reflects the law as clarified by the Supreme Court, so there can be no more excuses for failing to follow it.”

 

Falkner concluded by encouraging engagement with the consultation: “This is a complex area of law, which bears on the rights of people with the protected characteristics of sex, sexual orientation and gender reassignment. So if everybody’s rights are to be protected — as the Supreme Court confirmed the law intends — service providers and their legal advisers need help to navigate these challenges. Please tell us if you think it could be clearer or more helpful.

 

That way, whether you’re a shop owner or the chair of a local sports club; the manager of a hotel or a hospital; an HR professional or a solicitor — you will have guidance to follow so you can be confident that you’re upholding the law.”

 

  Adapted by ASEAN Now from The Times  2025-05-22

 

 

[digger70]

Equality Watchdog: Birth Certificates May Be Requested to Protect Single-Sex Services 

 

Great news must do this in every country.  🙏

[WDSmart]

2 hours ago, digger70 said:

Equality Watchdog: Birth Certificates May Be Requested to Protect Single-Sex Services 

 

Great news must do this in every country.  🙏

I doubt if people in most countries even have birth certificates. 🤔

[Smokin Joe]

35 minutes ago, WDSmart said:

I doubt if people in most countries even have birth certificates. 🤔

 

Irrelevant. This article is about the UK.

[WDSmart]

9 minutes ago, Smokin Joe said:

 

Irrelevant. This article is about the UK.

My post was in response to Digger70's post in which he hoped this would be done in "every country."