Britain’s equality watchdog has advised that trans women should not be allowed to use women’s toilets following a landmark ruling by the Supreme Court on the legal definition of a woman.
The Equality and Human Rights Commission (EHRC) issued interim guidance for organisations in response to five judges ruling earlier this month that a woman is legally defined based on their sex at birth.
The decision was hailed by gender-critical campaigners and has been welcomed by the government as providing “clarity”, but transgender people have expressed concern that they will be discriminated against.
Same rule applies to trans men
Trans women “should not be permitted to use the women’s facilities” in workplaces or public buildings such as shops and hospitals, the EHRC said.
The same rule applies to trans men using men’s toilets, the watchdog added.
The commission stressed though that trans people “should not be put in a position where there are no facilities for them to use”, suggesting the use of unisex toilets.
“That’s the logical consequence of the judgement and the guidance that’s come out – that people use the facilities of their biological sex,” government minister Pat McFadden told the BBC, adding though that there would be no “toilet police”.
The judges unanimously ruled that “the terms ‘woman’ and ‘sex’ in the Equality Act 2010 refer to a biological woman, and biological sex”.
Single-sex spaces and services including changing rooms, hostels and medical services “will function properly only if sex is interpreted as biological sex”, the judgement said.
The EHRC said that schools must provide single-sex changing facilities to boys and girls over the age of eight.
The guidance, published late on Friday, also said that “a women-only or lesbian-only association,” such as a sports club, “should not admit trans women”.
The commission is due to publish further guidance on transgender people in competitive sports soon.
Following the court ruling, Prime Minister Keir Starmer reversed his earlier position that “trans women are women”.
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By Garrin Lambley © Agence France-Presse
