Trans women should not be allowed to use women’s lavatories, says human rights watchdog
Dominic Penna
Equality commission issues guidance for pubs, shops and hospitals to protect single-sex spaces after Supreme Court ruling
Trans women should not be allowed to use women’s lavatories, the UK’s equalities watchdog has declared.
The Equality and Human Rights Commission (EHRC) has issued interim guidance after the Supreme Court ruled earlier this month that the legal definition of a woman was tied to biological sex.
It comes as the Government considers plans submitted by the watchdog last week for a wider overhaul of equality laws aimed at protecting women-only spaces.
In an update published on Friday night, the EHRC told employers, pubs, shops and hospitals that they must all act in line with the Supreme Court judgment.
“If somebody identifies as trans, they do not change sex for the purposes of the [Equality] Act, even if they have a Gender Recognition Certificate,” the guidance said.
“A trans woman is a biological man. A trans man is a biological woman.”
Equalities and Human Rights Commission has told employers trans women may not be permitted to use public women's toilets
Equalities and Human Rights Commission has told employers trans women may not be permitted to use public women’s toilets Credit: Wiktor Szymanowicz
The EHRC added: “In workplaces and services that are open to the public, trans women (biological men) should not be permitted to use the women’s facilities and trans men (biological women) should not be permitted to use the men’s facilities, as this will mean that they are no longer single-sex facilities and must be open to all users of the opposite sex.
“In some circumstances the law also allows trans women (biological men) not to be permitted to use the men’s facilities, and trans men (biological woman) not to be permitted to use the women’s facilities.”
The watchdog said mixed-sex lavatories or changing rooms should be provided “where possible” in addition to single-sex lavatories.
Guidance on when competitive sports must be single-sex will be set out separately by the EHRC “in due course”.
Maya Forstater, the executive director of the women’s rights campaign group Sex Matters, told The Telegraph: “This guidance is super simple and clear and confirms what the Supreme Court says.
“The Supreme Court’s judgment was a model of clarity, and the new EHRC guidance is practical, simple and workable.
“Some trans people will be disappointed, but other people have rights. There is no excuse for any employer or service provider not to follow this guidance right now.”
Last week, the Bristol Old Vic indicated it would defy the Supreme Court by continuing to allow theatregoers to use whichever lavatory they prefer.
The theatre said: “In light of the recent Supreme Court ruling on the legal definitions of sex and gender, we want to reassure our trans and non-binary visitors, staff and artists that you are welcome here.
“We continue to welcome everyone to use the facilities that are most appropriate for them and we continue to offer a range of choices because we understand people enter into this conversation from different starting points and life experiences.”
The Bristol Old Vic went on to insist it would “only ever intervene if people are behaving inappropriately”.
Girlguiding, Britain’s biggest organisation for young girls, issued a statement saying it was “proud to be a trans-inclusive organisation” and that it would await further guidance.
In its interim statement, the EHRC also warned that only offering mixed-sex lavatories could amount to indirect sex discrimination against women.
Schools have been told single-sex lavatories must be provided for boys and girls aged eight and over, and single-sex changing facilities for boys and girls aged 11 and over.
Biologically male pupils who identify as trans girls are not permitted to use girls’ lavatories or changing rooms under the guidance, just as biologically female pupils who identify as trans boys are not permitted to use boys’ lavatories or changing rooms.
The EHRC further clarified that members of an association with 25 members or more can be limited to men or women only, and can also be limited to gay men or lesbian women. The guidance said a lesbian-only association should not admit trans women, and associations for gay men should not admit trans men.
