23 November 2025

I READ THE NEWS TODAY, OH BOY [519]

My umpteenth "Myra Breckinridge" reference

With the leaking to “The Times” newspaper of the Equality and Human Rights Commission’s (EHRC) update of the 2010 Equality Act Regulations, instigated by the Supreme Court judgement in April 2025 that transgender women with a Gender Recognition Certificate are not women under the terms of the Act, it has been confirmed that requests for paperwork for some people to enter single-sex spaces that correspond with their gender, found in interim changes to these regulations that have since been withdrawn, have been replaced with perception-based assessments on appearance and behaviour.
 

This attempt to avoid the policing of these spaces inadvertently creates what sounds like, to me, a beauty contest, because what a joy it is going to be having to pass the test to appear in the correct space at the right time. 

This remains theory for now, as the knowledge of what could become law stems from a leak of something the Government is assessing, but considering how often “The Times” reports on this issue, and with the EHRC imploring the Government to implement these new regulations as soon as possible, this new report raises questions for me about motivations I won’t get answers for, as I will only be affected by what the final decisions will be.

Years of experience as a human being, let alone as a trans woman, show that “passing” as the correct gender in any situation, for anyone and everyone, is as much in the eye of the beholder as bias and prejudice will be in other situations. In using a public toilet or a changing room, the regulations make clear that there will be circumstances where you present so well in your gender that you can reasonably be excluded from the space that corresponds to your sex, but it is made clear I cannot be left without any facility.

I hope people don’t talk about me like they would the cross-dresser from across the road, if they have one, or any person they see more than once without ever needing to talk to them. I am not “committing to the bit”, I am being myself, but if you don’t know me, you don’t know that, and your confidence in bridging the gap should not then leave me at your mercy.

The knowledge that months of waiting for clarification of the law is effectively to continue the status quo that existed for decades, after what has felt like a protracted abjectification of trans people in the media since the Supreme Court judgement, is a profound waste of my time and energy. By necessity, “gender critical” belief is included in the regulations, but also crucial wording about distinguishing the objectionable expression of beliefs.

If implemented as reported, the new Equality Act regulations codify a loss of trust, regulating what could no longer be left to people to decide. Good luck, everyone.

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