A government minister has drawn criticism from LGBTQ+ activists for remarks deemed as “provocative and risky” in discussions about access to gender-specific areas.
Seema Malhotra, the Parliamentary Under-Secretary of State for Equalities, asserted that individuals typically use their judgment to address situations where someone of the opposite biological sex mistakenly enters a single-gender facility and know when to seek help from staff.
Malhotra’s comments coincided with the release of updated guidelines by the Equality and Human Rights Commission (EHRC), affirming that gender-specific services should be based on biological sex.
The revised guidelines follow a significant Supreme Court ruling in April 2025, clarifying that the terms “woman” and “sex” in the Equality Act 2010 pertain to biological characteristics.
The updated code covers various scenarios, such as sports, recommending that transgender individuals compete according to their birth sex rather than gender identity. It also addresses hospital settings, allowing for the exclusion of transgender patients in single-gender wards.
Responding to Malhotra’s statement, a spokesperson for Trans+ Solidarity Alliance criticized her remarks as “highly contentious and perilous,” expressing concerns about potential gender stereotype enforcement and recent international condemnation of the UK’s gender policing practices.
Malhotra emphasized that trans individuals remain protected under the 2010 Equality Act and should not be deprived of essential services. She suggested that service providers could offer mixed-sex facilities or tailored support for transgender individuals, aiming to strike a balance that respects everyone’s needs.
Malhotra’s statements were criticized in a joint statement by several LGBTQ+ organizations, including TGEU, ILGA-Europe, and IGLYO, who accused the UK government of neglecting transgender rights and raised concerns about the potential negative impacts of the draft Code.
The LGBTQ+ organizations demanded answers from the UK government regarding the safety of trans individuals accessing services in the UK and the assurance that LGBTQ+ rights will not be compromised for political gain.
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