In the wake of a JK Rowling-funded anti-trans court challenge, the Equalities and Human Rights Commission (EHRC) has released interim guidance stating that, in places like hospitals, shops and restaurants, “trans women (biological men) should not be permitted to use the women’s facilities”. It also states that trans people should not be left without any facilities to use.
The Supreme Court ruling, which was met with trans rights protests in London and Brighton, means that trans women can be excluded from women-only spaces.
The EHRC, which enforces equalities law and provides guidance to policymakers, public sector bodies and businesses, said the impact of the ruling was that “if somebody identifies as trans, they do not change sex for the purposes of the [Equalities] Act, even if they have a Gender Recognition Certificate (GRC)”.
In this respect, the EHRC says, “a trans woman is a biological man” and “a trans man is a biological woman”.
In schools, it says: “Pupils who identify as trans girls (biological boys) should not be permitted to use the girls’ toilet or changing facilities, and pupils who identify as trans boys (biological girls) should not be permitted to use the boys’ toilet or changing facilities. Suitable alternative provisions may be required.”
In associations – groups or clubs with more than 25 members – the EHRC says “a women-only or lesbian-only association should not admit trans women (biological men), and a men-only or gay men-only association should not admit trans men (biological women)”.
The guidance states that “where facilities are available to both men and women, trans people should not be put in a position where there are no facilities for them to use”.
Where possible, mixed-sex toilets, washing or changing facilities should be provided in addition to sufficient single-sex facilities, according to the guidance.
Alternatively, the guidance says it is possible to have toilet, washing or changing facilities which can be used by all, provided they are “in lockable rooms (not cubicles)” and intended to be used by one person at a time. One such example might be a single toilet in a small business such as a café.
The EHRC said: “Employers and other duty-bearers must follow the law and should take appropriate specialist legal advice where necessary.”.
A government spokesperson added: “We welcome the ruling and the clarity it brings for women, and service providers.
“We will review and update policy wherever necessary to ensure it complies with the latest legal requirements.”
On Tuesday, 22 April, Prime Minister Sir Keir Starmer stated, via Number 10, he no longer believes trans women are women.
The prime minister had previously said that “trans women are women”, but asked to repeat that statement he said the ruling had “answered that question”.
Downing Street was subsequently asked if Sir Keir still believes that ‘trans women are women” with his official spokesman saying: “No, the Supreme Court judgment has made clear that when looking at the Equality Act, a woman is a biological woman. That is set out clearly by the court judgment.”
