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EHRC says people could be asked for birth certificates to prove biological sex

  • On May 23, 2025, the UK’s equalities watchdog released a consultation document proposing that birth certificates may be requested by certain services, such as sports clubs or hospitals, when there is genuine uncertainty about an individual’s biological sex.
  • This guidance follows the April 2025 Supreme Court ruling that defined 'woman' and 'sex' in the Equality Act 2010 by biological sex, prompting the EHRC to clarify compliance requirements for providers.
  • The draft code applies to various providers, including sports clubs, hospitals, and leisure centres, and allows requesting birth certificates only when there is genuine concern about a person’s biological sex.
  • Baroness Kishwer Falkner, EHRC chairwoman, emphasized the code must be an accurate and clear interpretation of the law, urging public consultation through June 30 and noting the guidance’s calm, factual tone.
  • The guidance aims to help service providers balance protecting single-sex services and respecting all rights, amid strong societal views and an ongoing legal challenge by the Good Law Project.
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Stv broke the news in Scotland, United Kingdom on Tuesday, May 20, 2025.
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