OTN stands with trans, non-binary & intersex people against harmful new guidance
The cover of the Equality and Human Rights Commission’s updated draft Code of Practice for services, public functions and associations.
The Open Table Network (OTN) stands unequivocally with trans, non-binary and intersex people in response to the UK Government laying the Equality and Human Rights Commission (EHRC)’s updated draft Code of Practice for services, public functions and associations before Parliament this month.
To our trans, non-binary and intersex siblings:
You are beloved.
You are made in the image of God.
You belong in our communities.
We will continue to stand with you, speak with you, and work for spaces where you are safe, seen and celebrated.
“When crisis calls from trans people rise by 40% after a legal ruling, churches cannot call this abstract. Our response must be pastoral, practical and protective.”
Need support?
If this news is affecting you, you are not alone.
Samaritans are available free, day or night, on 116 123.
LGBTQIA+ and trans-specific UK support is also available:
Switchboard national LGBTQIA+ support line: 0300 330 0630 10am–10pm every day
Mindline Trans+ emotional and mental health support for trans, non-binary and genderfluid people: 0300 330 5468, Monday, Wednesday and Friday evenings.
Mermaids support for trans, non-binary and gender-diverse young people, their families, friends and professionals: 0808 801 0400, Monday-Friday, 1pm-8.30pm.
LGBT Foundation helpline: 0345 3 30 30 30, Monday–Friday, 9am–6pm.
What’s happening?
This draft Code follows the Supreme Court ruling in April 2025 that, for the purposes of the Equality Act 2010, ‘sex’ means ‘biological sex’ - a term which, in practice, is treated largely as sex recorded at birth.
The Government says trans people remain protected under the Act through the protected characteristic of gender reassignment. Yet the draft Code also sets out circumstances in which trans people may be excluded from separate or single-sex spaces - including spaces where their safety, dignity and wellbeing are directly at stake.
The draft Code was laid before Parliament on 21st May 2026 but has not yet commenced and does not currently have the force of law.
It is deeply concerning that the phrase ‘biological sex’ is being used as though it were simple, fixed and self-evident. In practice, neither the Supreme Court ruling nor this draft Code adequately accounts for people with variations in sex characteristics, including intersex people. By treating sex as a strict binary, this approach ignores the existence and experience of intersex people and risks deepening harm for intersex and non-binary people, as well as the trans community most directly targeted by the guidance.
This is not a theoretical issue.
Samaritans, the charity dedicated to reducing feelings of isolation and disconnection that can lead to suicide, reported that its volunteers saw a significant spike in suicidal callers from the trans community following the Supreme Court ruling on the definition of sex in April 2025, with call rates increasing by 40%. Responding to the new EHRC guidance, Samaritans said it was concerned about the impact this news could have, and reminded trans people that support is available if they are struggling.
When a legal ruling and the guidance that follows it are associated with such a sharp rise in crisis calls, churches and community organisations cannot treat this as an abstract policy debate. These decisions affect people’s safety, dignity, mental health and ability to take part in everyday life.
OTN exists because too many LGBTQIA+ people have been told, directly or indirectly, that they do not belong. Many of our members know first hand the deep spiritual, emotional and physical harm caused when people are excluded from spaces where they should be safe. We do not wish that harm to be experienced by anyone. Yet the guidance from EHCR will have this very impact on trans, non-binary and intersex people.
OTN remains committed to communities where trans, non-binary and intersex people are not merely ‘included’ as an exception, but fully welcomed, affirmed, protected and empowered.
We are grateful for the work of trans-led and trans-affirming partners, including Transfigured Mission, which was founded by trans people in church leadership roles, including Open Table leaders to help churches respond with courage, care and practical action. As we reported last year, Transfigured Mission warned that there was ‘a genuine threat to the continued participation of trans people in everyday public spaces’ and called churches to act with urgent solidarity.
At this critical moment, we urge churches, charities, community groups and service providers not to police, question or humiliate people by following the EHCR guidance. Instead, every response should be rooted in dignity, safeguarding, compassion and justice.
We call on organisations to:
Listen to trans, non-binary and intersex people
Review policies through the lens of safeguarding, dignity and inclusion
Seek specialist legal and pastoral advice before making changes
Avoid unnecessary exclusion, surveillance or gatekeeping
Speak publicly and pastorally in support of trans people
Share trusted guidance from trans-led and trans-affirming organisations.
TAKE ACTION:
Contact your MP to urge them to reject the EHCR guidance becoming law. Find out how at Transfigured Mission.
Read the Transfigured Mission practical guidance for churches after the publication of the draft Code of Practice.
